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HomeMy WebLinkAboutFAX FROM FPL CORPORATE REAL ESTATE5tP-lb-IUUU(hNl) IU;Ub tpl core real estat aoioalziaU Fax Cover Sheet Florida Power & Light Company CORPORATE REAL ESTATE I • 700 universe Blvd. Juno Beach, Florida 33408 Fax # ; (561) 691-2190 To: Martha Company/Dept: Southern Gullwest Construction Inc1-- Fax Number. 462-1735 �erm�T pO NO 0- From: Telephone Number. I Total Pages: Special Instructions: I I I It you do not receive this message clearly, please telephone (561)691-21031691-2105 9/15100 Tim Corson 691-2123 (Including cover)r. ` 4 b ` , r.uui 5LF-Ib-YUUU(rU1) IU:Ub TDI Corp real eSTaT aonw new n.vv� 'LvteNo.: PzrcelNlt: LineNeme: Emerson -Hamann 138kv Linn Stmctme No.: 65D9 Section, Township, Range: 20, T-35S; R30E RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT.CONDANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33403-0420, Attn: Corporate Real Estate Depanrm:uf hereinafter refemmd to as "Company", hereby comanis to ,Sec sin 6;U/F/ed�sY . whose mailing address Ls 950o Si7/c/%k El/ - 0,/, Aoj hertmatter referred to as "1-ieensec", using an area widen Company's right-o€way in the area known as 2902 S. 250 f[- Street, Vem Beach, hutian River County, Florida. The use ofthe Lands by licensee, shall be sj*ly for Placement of a 32937, Construction Tndler for a maximum retina of 90 pays. To be removed on or before November 30, 2000. In consideration for Company'icomeetand fit the othernmtual covenants set forth below, and for Teo Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties bosom agree as follows: 1. Licensee agrees to obtain all necessaryriglus from the owners of the Lands in the event Licensee does nor own said Lands; to obtain any and all applicable federal, state, and local pennies required in connections with Lica a;Ws use of the Lands; and at all times, to comply with all rcquuemenb of all federal, state, and local laws, ordinances, riles and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. . 2. Licensee uadentands and agrees that the use of the Lands lawmen to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify, its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, consmomt or alter roads; maintain any facilities, devices, or improvements on the Lands wftich aid in or are necessary to Companys business or operations; and the right to enter upon the Lands at all timer for such purposes. Licensee understands that in the exercise of such rights and interest, Company from tin -to -time may requite Licensee, to relocate, alter, or remove as facilities and eguipmarS fivIuding parl®g spaces and areas, and other improvements made by Licene , puntunt to this Agsc®eot which interfere with or prevent Company, in its opinion, from• properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parlang spaces and arras, and other improvements within thirty, (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no tort and expense to Company, provided however, should Licensee, for any mason, fail to mall such relocation, alteration, or removal , Company retains die right to eaterupon the lands and nuke said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and micas, and othcr ivgmovetrmats and Licensee hereby agrees to reimburse Company for all of its crests and expense iti med in connection therewith upon demand 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to came a hamrdous condition to exist Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Cmrpansaticn and Liability Act ("CERCLA") (42 USC Section 9601 (14)), pctokeum products, liquids or flnnmaebles shall be placed on, under, transported across or stated on the lands, which models, impairs, interferes with, or headers them ofthe Lands by Company or the exercise by Company of any of its rights thereto. License agrees further that in the event it should create a hazardous condition, then upon nomicatiomby Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company reruns the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company Item all loss, damage or injury resulting from Licensee's failure to comply with the proirisions of this Agmemeat. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using nay tools, equipment, or machinery on the Leads capable of extending greater than fourteen (14) feet above existing grade and hater agrees that no dynamite or other explosives shall be used within the Lands and that mo ahwadon of the. costing temaim, incbrding the use of the lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a forry (40) floor widesedrack, twenty (20) feet on each side, from Company's facilities. S. Trees, shrubs, and other foliage planned or to be planted upon the Lands by Licensee we net to exceed a height of fourteen (14) tent above existing grade. 6. Outdoor lighting installed or to be immlled upon the Lands by Licensee are not to "=it a height of fourteen (14) feet above existing grade and all poles or standards supporting light Uxtmes are to be of a non-mealUc material. 7. Sprirdder systems installed or to be installed by Licensee upon the Lands are to be consouaed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's faci itim Abovegrmmd systems shol_I not be installed eon 3110 sear. ra/a/ace Page 1 of 3 SEP—I5-213119(EHl) Mitt IN carp real esiai uotwtuau within or across Company patrol or fngermads and underground system; crossing said patrol and fergerroads are to be bivied at a mhtimm depth done (1) foot belowexisting road grade. 8. licensee agrees to weer its employexs, agents, contractors and invitees of the fact that the elecaical facilities and apprawroxes installed or to be installed by Company within the ]ands are of high voltage electricity and agrees; to use all safety and precautionary measures whenworling under or near Companyfs facilities. 9. Licensee agrees, at all naps, to maintain and keep the Lands clean and free of debris. Except as provided herein, Liccasoc further understands and agrees that timam uses of the Lands are specifically prohibited; such wes include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify Its employees, agents, camracmrs, and invites accordingly. ' 10. The we of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of my responsibilityfor damage or loss in Licensors or other persons resulting from Company's use ofthe lands for its purposes. 11. Notwithstanding any provision conamod heroin, Licence agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensees use of the Lands and agrees that I& in the opinion of Company, it becomes wensesy as a result of Licensee's use of the (ands for Company to relocate, rearrange or change any of its facilities, to promptly re®btase Company for all wit and expense involved with such relocation, rearrangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to indemnify and save herndess Company, its parent subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as FPL Entries), from all liability, loss, cost, and cxpwse, including attoroeys• feu, which may be sustained by FPL Entities to airy person, natural or artificial, by reason of the death of or injury to any person or damage to any property wboth= or not due t or caused by the negligence ofFPL Entities, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees to defend at its sole cast and expense and at no cost and expense to FPL Entities any and all suits or action instituted aIPinstFPL Entities, for the imposition of such liability, loss, cost and expense. 13. licensee shall, throng the period of this Agreement, maintain it its sole expense a liability policy with minimum limits of S1,000,000 for bodily injury or death of person(s) and $1,000,000 for property damage arising out of a single occurrence. Said policy shall be endorsed to inwue against obligations assumed by Licensee I n the tndenmity (Paragraph 12). A certificate of insurance shall be finished to Company evidencing that said policy of insurance is in force and will not be cancelled or materially charged so as to affect the interests of FPL Entities until ten (10) days written notice has been furnished to Company. Upon request copies of policies will be famished to Company Licensee understands and agrees that the use of the Lands for the purposes described herein is expressly contingent upon acceptance and compliance with the provisions wntained herein. 14, This Agreement will become effective upon execution by Company and Licensee and will mmain in full force and effect until completion of Licensee's use of The Lands pursuant ro this Agreement, =less earlier terminated upon ninety ( 90 ) days written notice by Company to Licence, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained berem. Id. The use grunted herebh.as shown on Exhibit "B" shall be under construction by licensce within one (1) year of the effective date of this A,nreniment and the construction shall be di igeatlypir saed in completion Licensee shall give Company ten (10) days prior written notice of its commencemoot of construction. "Under construction" is the continuous physical activity of placing the foundation or connotation of construction above the foundation of any structure er improvement permitted hereunder. Under construction does not include application far or obtaining a bolding permit a site plan approval or zoning approval from the appropriate local government agency having jurisdiction ever the activity, purchasing construction materials, placing mob construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or rmetivatbig construction after substantially all construction activity has retrained stopped for a period of two (2) mamba or more. licensee acknowledges that failure to have the use under construction within the one (1) year time period will result in �inu u diate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with Mire .provisions contained herein unless Liwasor Virus a written extension for a tuatuagy agreed upon time. Any request for . an eueasim of time shall be submitted inwriting by licensee no later than thirty (30) days prior to the expiration of the loan (I) yearperiod for the project to be under construction. 16. The term "Licensee" shall be owned as embracing such number and gender as the character of the 'party or parties require(s) and the obligations connived herein shah be absolute and primary and shall be complete and binding as to eack includinn its successors and assims, won this Areement later: executed by Licensee and subiect to no conditions provident or otherwise. 19. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. le the evem of any litigation arising our of enfomemem of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. is. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which wnsem shall not be unreasonably withheld 19. This Agreement includes and issubject to the provisions described on the attached Addendum. Coen PnD nee. 1o,e/e} Page 2 of 3 5EP—lb-'MUMI-RU IU:U3 tpl core real estat I at, I OU I Z I UU r.uu4 The parties have executed this Agreement fits .315t day of 20 /)0 Witnesses: 'FLORIDA POWER & LIGHT COMPANY gJtgnatt¢e: Print Name:(�,[�,►��Ss,, /�Yt/tllHVl Print Name: I Signature: Print Name: Witrirsscsr LICENSEE: • ,,SpuAern �t.t Signature: Print Name: v iY Signature: Print Name: By Its: w i Print Name:,. inry� 11 _ 0iS 0P,M)TARY 5F,kL MARTHA SCRU'MANN NOTARY PUSUCSTATE OF FLORIDA CCGDGE COMMISSION NO. CC606M 1740#RW.Con (4C) MY COMMISSION E%P. FEB. 42M (Corporate Sea]) ,,e 03/09/1994 00:31 14074896266 ST LUCIE UPERA1ILM rrwt nZ Line No.: Parcel No.: Line Nam: Etratramt-Hamtwn 138ky Line Structure No.: 65D9 SEP 0 00 t Section, Towiship, Range: _20, T-35S, RAOE ///_` /p�/���t�It St, Lucie CoUn ' pub RIGHT-OF-WAY CONSENT AGREEMENT IIC WOfkS FJ.fIRUM POWRR ,@ i.IGHT COMPANY, a Florida Unpin dlitin, whose nmiliug addmeaa is P.O. i36x 14000. Juno Beach, Florida 33409-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby cousents to Souther GuNwest Construction, Inc., whose mailing address is 9500 Satellite Blvd. Orlando. FI berebtaAct referred to to "Liueosee", using ran area within Company's right-of-way in the area known as 2909 S. 250' Street, Fort Pierce,St Lucie County, Florida. The use of the Lands by Licensee, shall he solely for Plaremrnl of a in consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollats and No Cents (S10.00) and other good and valuable considention, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee dues not own said Lands; to obtain any and all applicable federal, state, and local permim rxgnired in rcu nrntinn with Licensee's we of the Lands; and at all tunes, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by licensee pursuant to this Agreement. ' 2. Licensee mulerstaruis and agrees that the use of the Lands pursuant to this Agimincul is subtndierair to the rights and interest of Company m and to the Lands and agtces to notify its employees, agents, and contractors accordingly. Company specifically 'reserves the right to maintain its facilities located on the Lands: to nuke improvements; add additional facilities; rtlaintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid -in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest. Company from titre -to -time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parting spaces and areas, and other improvements made by Licensee pursuant to this Agreement which mlerlbre with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, after, or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at thr. anle rdb and rxprnar. of Licenser. and at no rust sort expensr In Company: prnvidrd however, should Licensee, for any reason, fail to make such relocation, alteration, or removal . Company retains the right to enter upon the Lands and make said relocation, alleemifut, in irwoval ufLirru,rrt. ftr.;lilim. rquilma ut, paAmr. spaces and areal, and other haprovemetux and LICrrNdr hetelty ag,rrr In witicbm ' C.,miyany hit all of ila ,0And expense iaourred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any manner which, in.the opinion of Company, may tend to Interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that nn harardmrs anhatance, xK this Item is defined -in Section 101 (Id) of the Comprehensive Environmental Response r nTe, alhm and Liability Art ("rFRrf A,") (47 i-1SC Srr, rion 9501 (14J), petroleum product', liquids or 113mnuhlcs shall be placed on, under, transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Landq by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should Wiate a hazardous condition, Olen upon notificatinn by rnmpany, I.icrnsrr shall, within srvewy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof. Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licenser's failure to twuply. with the provisions of this Agreement. 4. Licensee hereby agreae and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands -capable of.extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing twain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot wide setback, twenty (20) feet on each side, from Company's facilities. 03/09/1994 00:31 14074B96266 ST LUCIE DPERATIDNS F'Alit nj r within or across Company patrol or finger xads and underground systems crossing said patrol and finger toads arc m be buried at a minimum depth of arc (1) fool below existing road grade. g. 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 Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. 9. Licrnate agrees, at all timrx, to maintain and keep the Lands clean and free of debris Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohihiled: such uses include but are not limited to reerearional purposes, hunting and camping, and Licensee agrees to nctil'y its employees, agenda, contractors, and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lando for its purposes. It. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Companys facilities resulting from Licensee's use of the i.ands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, -to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to indcnmit'y and save harmless Company, is parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as FPL Entities), from all liability, loss, cost, and expense, including attorney; fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury in any person or druitage to tiny propertywhethet or not due to or caused by the negligence of FPL Entities, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees: and Licensee agrees to defend at its colt coat and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss, cost and expense. 13. Licensee shall, during die period of this Agreement, maintain at its sole expense a liability policy with minimum limits of $1,600,000 for bodily injury or death of person(s) and $1,000,000 f'or property damage I arising out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity (Paragraph 12). A certificate of insurance shall be fumished to Company evidencing that said policy of insunnce Win force and,will not be cancelled or materially changed so as to affect the interests of PPI. Entities until ten (10)'days wrinch notice has been furnished to Company. Upon request, copies of politics will be fbmished to Company Licensee understands 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. 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless rarlirr terminated upon ninety ( 90 ) days written notice by Company to Licensee, or at the option of Company immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 13. The use granted herein as shown on Exlubit "B" shall be under construction by Licensee within one (I) -year of the effective date of this Agreement and flit construction shall be diligently pursued to completion. licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction' is the continuous phypical activity of placing the foundation or continuation of construction above the- foundation of any structure or bitprovetrcnt pemained bcmvndcr. Under construction does not include application for or obtaining a buildini permit, -a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if petruilted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the one (1) year time period will result in inmudiste termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (3U) days prior to the expiration of the one (1) year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties tequite(s) and the obligations contained herein shall be absolute and primary and shall be complete and s,:.a:...... --L :..t...t:__: A ..