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Resolution 1993-073 RESOLUTION NO, 93. ~ FEBRUARY 23, 1993 RESOUJTION' AUTHORIZING TIfE CHAIRMAN OF TIU: BOARD OF COUNTY COMMISSIONERS TO EXECUTr. ^ RIGHT OF !,JAY I.lCf.NSE ACREF'.MENT \.1ITII Till': 1..f.E COUt/TY ELECTRIC COOPERATIVE, INC. FOR TIlE PURPOSE OF CONSTRUCTING ^ SE\JER FORCE MAIN !,J}!ICH \.1IlL SERVICr. THE IMMOKALEE STOCKADE. \lHEREAS, the 1lll1Dokalee Stockade currently has a self -contained sew-age packaging plant that needs to be replaced. The Facilities Management Department informed tne Board of County Commissioners that the Immokalee Stocka~.e could take advantage of a permanent hOOK.Up to a recently ins called existing treatment plant located on Mary lJatts Billie Drive on the Seminole Indian Reservation. On September 18, 1990, Agenda ltem 14(E)(1), the Board of County Commissioners authorized the firm of Consoer, Townsend &. Associates to perform the engineering and design of a sever system for the Immokalee Stockade. The construction plans for a gravity se'Jcr line, lift station and force ~in have been completed by the engineering firm. . '-... lo"HEREAS, on November 14, 1991, a joint meeting ....as held ....ith repres~ntatives from the Seminole Tribe of Florida and the Lee County Electric CooperLtive, Tnc. Tt was determined that a Right of Way License Agreement W'ould be required in order for Collier County to construct the sewer force main across the Seminole Tribe of Florida property and that area encumbered by the Lee County Electric Cooperative, Inc. easement to the existing lift station. Said Right of Way License Agreement vas prepared and revie....ed by the attorney repres~nting Lee County Electric Cooperative, Tnc., the Collier County Facilities Management Department, the Real Property Management Department and the Office of the Collier County Attorney. WHEREAS. the Board of Couney Commissioners approved and executed the above-referenced Right of Yay License Agreement on June 16, 1992, Agenda Item l6.E.(3), which conveyed a license effective through January 31, 1993 to Collier County to construct the se....er force main across the property owned by the Seminole Tribe of Florida and the area encumbered by the Lee County Electric Cooperative, Inc. easement. Construction of the se....er force main has not begun because Collier County, the Seminole Tribe of Florida and the Immokalee Yater and Se....er District have not completed negotiations to allo.... the cOOBtruction to proceed by Collier County of the se....er force main on the Seminole Tribe of Florida property. Therefore, a Right of Way License Agreement has been prepared to reflect a construction termination date of Decemb~r 31, 1993, .s shown on Exhibit ~A.~ WHEREAS, Collier County, the Seminole Tribe of Florida and the Immokalee \later nnd Sewer District are continuing negotiations, intend to complete the necessary documentation for the construction of the sewer force main across the property owned by the Seminole Tribe of Florida and submit such documentation for approval to the Board of County Commissioners in the first quarter of 1993. NCW, TIiEREFORE, BE IT RESOLVED BY THE BOARD OF CaUNTI' COMMISSIONERS OF COLLIEF COUNTY, FLORIDA, that: 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County COllUllissioners to execute a Right of Way License Agreement effective through December 31, 1993 between Collier County and Lee County Electric Cooperative, Inc. for the purpose of constructing a sewer force main. This Resolution adopted after motion, second and majority vote. DATE:. ,'2~;;J1' 7 {';; .ATTEST: ' .;__ ~::~' ~CHT E. BROCK,--:CJ.er " , , ~ . , , /,' A pr~~~fd U-.1=oo' form and legal sufficiency: f-1^ nL. ' ;I-A 'If, "-- Heidi F. Asffi'to~ I Assistant County Attorney @(! BOARD OF COUNTY COMMISSIONERS COLLlI~ft"O~NjJ FIjiJ,I DA BY:~ 'BURT L.~, Chairman erk lOa! aGO "'" 215 EXIlIOIT "^" FEBRUARY 23, 1993 RIGHT-or.YAY LIGENSE AGREEMENT THIS AGREEMENT made thI. day of 1993, by and bet....een LEE COUNTY ELECTRIC COOPERATIVE:""INC., a Florida nat-- for-profit corporation P.O. Box 3455 North Fort Hyers, Florida 33918-3455, ~ereinafter referred to as Licensor, and COLLIER COUNTY, . political &ubdivision of the State of Florida, 3301 1amlami Tran East, BuUding "F", Naples, Florida 33962, he :'"einafter referred to .s Licensee. In eonsideration of Licensor's consent and the mutual benefits derived here fr?t11 , for Ten Dollars ($10.00) and other good and valuable consideration paid to Licensor, the receipt and adequacy of which are hereby acknowledged, the parties agree as fo110....s: 1. Licensor grants to Licensee the right to enter upon the real property within the Licensor's right-oC-way, hereinafter referred to as "lands," granted by the certain Agreement recorded in O.R. Book 13 Page 409 of the Public Record~ oC Collier County, Florida. The use of the lands by the Licensee shall be sololy Cor the purpose of constructing a sewer force IDain. as shown on plans and spp.cifications, attached hereto as Exhibit "A", submitted by Licensee. The licenso is personal to Lieensee and may not be Assigned or con~eyed. 2, rights. hnd i!l As a condition precedent, Licensee agrees to obtain all necessary consents and permissions from the owners of the land in the event the not owned by the Licensee or Licensor. 3. Licensee understands and agrees that the use of the lands pursuant to this Agreement is subordinate and inferior to the rights and interest of Licensor in and to thll!! lands and agrees to notify its employees, agents, and contractors accordingly. Licensor specifically reserves the right to maintain its facilities located on the lends; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devicet, or improvements on the lands which aid in or are necessary to Licens0r's business or operations; and the right to enter Upon the lands at all tides :or such purposes. Licensee understands that in the exercise of such rights and interest, Licensor from time to time may require Licensee to relocate, alter, or remOVe its facilities and equipment. including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement \lhich interfere with or prevent Licensor, in its sole opinion and discretion, froll properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within ten days of receiving notices frod Licensor to do 80. Such relocation, alteration, or removal \lill b. m.de at the sole costs and expense of Licensee and at no cost And expense to Licensor; provided hO\lever, should Licensee, for any reason, fail to make such relocation, alteration or removal, Licensor retains the right to entEr upon the lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improve~ent. and Licensee hereby agrees to reimburse Licensor for all its costs and expense incurred in connection therewith upon demand. 4. Licensee agrees that it \li11 not use the lands in any manner \lhich, in the opinion of Licensor, may tend to interfere with Licensor's use of the lands or may tend to cause a hazardous condition to exist. Licensee agrees that in the event it should create a hazardous condition or situation which restricts, impairs, interferes \lith, or hinders the use of the la~ds by Licensor or the eXercis~ by Licensor of any of its rights, then upon notification by Licensor, License~ shall, \lithin seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Licensor retains the rigbt to enter upon the lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to reimburse Licenso~ for all of its costs and expense incurred in connection therewith upon demand. 5. Licensee hereby agrees and covenants to prohibit its agents. employef!s, and contractors froll. using any tools, equipment, or machinery on the lands cilpable of extending greater than fifteen (15) feet above existing grade and further agrees that no dynalllite or other explosives shall be used within IOO( OUll ,,,,[216 FEBRUARY 23, 1993 the lands and that no alteration of the existing terrain, including the use of the land. by Lic.one u provided herein, shall b. made which \1111 result In preventing Liceo.er ace... to its facilities located wIthin said lands. Unle.. othervise provided herein, Licensee agrees to maintain a forty (40) foot ",ide .etback, tventy (20) feet on each side, from Licensor's facilities. 6. Except for the construction to he undertaken pursuant to this Agreelllent, no portion of the lands shall be excava.ted, altered, obstructed, improved, surfaced or paved without the prior vrltten consent of the Licensor, or its successors or assigns, and that no building, well, irrigation systel:ll, drainage syatell, structure, obstruction or improvement (including any improvements for recreational activities) shall be located, constructed, ..intained, or operated over, under, Upon, or across the lands upon the lice~es granted. 7. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Licensor within the lands are of high voltage electricity and agrees to u~. all safety and precautionary measures when working under or near Licensor's facilities. 8. Licensee agrees, at all times, to maintain and keep the lands clean and free of debri.. Licensee further understands and agrees that certain uses of the lands are specifically prohibited; such uses include but are not li~ited to recreational purposes, hunting and camping, and Licensee agrees to notify ita employees, agents, contractors, and invitees accordingly. 9. The use of the lands by Licensee shall he at the sole risk and expense of Licensee, and Licensor h specifically re lleved of any responBibill ty for damage or Iou to Licensee resulting from Licensor's UBe of the lands for its purpose s, 10. Notvithstanding any provision Contained herein, Licensee agrees to reimburJe Lieensor for all costs and expense for any damage to Licensor's facilities resulting from Licensee's use of the lands and agrees that if, in the opinion of the Licensor, it becomes necessary as a result of Licensee's use of the lands for Licensor to relocate, rearrange or change any of its facilities, to prottptly reimburse Licensor for all costs and expense involved with such relocation, rearrangement or change. 11. Licensee agrees it will exercise ies privileges hereunder ae its own sole risk and agrees to indemnify and save harmless Licensor, its parent, .ubaidinries, affiliates, and their respective officers, directors, agents and ettployep.s, froDl all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by Licensor to any person, natural or artificial, by reason of ehe death of or injury to any person or damage to any property whether or not due to or caused by the negligence of Licensor, arising out of or in connection with the herein described purposes by Licensee, its contractor., agent. or employee.; and Licensee agrees to defend at its sole cost and eY-pens. and at no cost and expense to Licensor any and all suits or action instituted againat Licensor, for the imposition of such liability, loss, coat and expense. 12. Licensee shall, during the period of this Agreement, maintain at its sole expense a liability policy with minimum limits of $1,000,000.00 for bodily injury or death of person(s) and $300,000.00 for property damage, arising out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity (Paragraph 11). A certificate of insurance .hall be furnished to Licensor evidencing that sdd policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of Licensor until ten days' wr'tten notice has been furnished to Licensor. Upon request, copies of policies will be furnished to Licensor. Licensee understand. and agrees that the use of the lands for the purposes described herein is expressly contingent upon acceptance and compliance with the provisions contained herein. 13. This Agreement will become effective Upon execution by Licensor and Licensee and will remain in full force and effect until completion of Licensee's use of the lands on or before December 31, 1993 pursuant to this Agreement, unless earlier terminated upon 30 days' written notice by Licensor to Licensee, or at the option of Licensor, immediately Upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. Upon .2. lOOK 000 PIGl 217 t.h. completion of conlt.ruction, Agreement or limilar instrument political subdivision of the maintenance purposel. FEBRUARY 23, 1993 Licenlor shall convl!Y a Right-of-Way License to the IlDlllokalee Water and Sever District, a State of Florida, for ingreu.egress and 14. Should any provision of this Agreeml!nt be detendnl!d by a court of competent jurisdiction illegal or in conflict ",ith any applicable 1a"" the validity of the remaining provhion. Ihall not be impaiud. In the event of any litigation arising out of enforcement of this License Agreement, the prevailing party in such litigation shall be entitled to recovl!ry of all costs, including rl!aaonab1e attorneys' fees. 15. This Agrel!ment is governed and construed in accordance ...,ith the 1a...,s of the State of Florida. Signed, sealed, and dl!livl!red by Licl!nsee this _ d.ay of 1993, ATTEST: ~CHT E. BROCK, Clerk BY: Deputy Clerk Approved .1 to form and 1eg.1 lufficiency: It 1. 'J -A$?"- Hefdi f ~Aahton Aasistan~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR1DA BY: Chairman Signed, ualed, and delivered by Licensor this _ day of 1993, f ::!Iv0zi:~ / CTRIC COOPERATIVE, INS-_. ,~ .If, '-- (Corporate c:tlJ Attest: IOO! 000 Pl~[ 218 -3- tsIIm..... Exhibit "A" Page 1 of 7 FEBRUARY 23, 1993 RQI.TII "SEMINOLE INDIAN RESERVATION" {) MAllY \.IATTS BILLIE ~ DRIVE Scale 1" .. 30' Existing Sanitary Sevar L1ft Station site ..: o .; .. . ...", ON", .. k, o .. 0 U H ... U ." ~ ~.... ~ ".0 u '. ;, . ... 0 ::, 0 " ~ " ~, Ok . H . , " '" t ~ 0 'H , UH . 0 , ~ .."" Existing Manhole ------ n.22-30'\I., 55'__ ~ \,0 ( 'k SUBJECT LANDS , r-"S' ,.sJL1 C; !-4-s NORTH, 72' lS'--Y I +- ~ Centerline (, ~ P.0.8. --~-- ~~vater valves ? Speed sign Overhead Electric Transmission Linea O,8,B, 13'4p. 409 (5, 100') Sign ~ Asphalt Pavement EAST, 1014.65' f-- o t C STOCKADE ROAD Section Line o ~~ ; i LEGAL DlSCI.IPTlOR: (for proposed Sanitary Sever Porce Main) An Easement Over, along, across and under a strip of land 15 feet vide, ly1ng 7.5 feet on each aide of the fol1o~ng described centerline to-vit: Co-=enclng at the Southveat corner of Section 10. Tovnshlp 41 South, Range 29 East, Collier County, Florida, run EAST, along the Section Line, for 1014.65 feet to the POINT OF BECINNING; thence NORTH for 72 feet; thence N. 22- 30' W. for 55 feet to the Point of Termination. Side lines to intersect at angle points. Said lands contain 1905 square feet. SUBJECT to all restrictions of record. Bearings used herein refer to the south line of said Section 10 as being EAST a. based on an assumed meridian. 4175 Brokl'l Back Road Naples, FL 33999 Revised 6/3/91 Tel. (813) 455-3615 Revised title on June 2, 1992 THIS IS NOT A SURVEY MAP SHOWING DEDICA TION OF EASEMENT IDOl GOO PA" 219 CONSOER, TOVrNSENO I< A~SOCIA TES, INC. EXHIBIT EASH'T. SCALE 1" 'In' OArr: 2/19/91 P ARCE'l NO. o M