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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-170Temp. Reso. #5834 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90- /70 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A RIGHT-OF-WAY CONSENT AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY PERTAINING TO THE PLACEMENT OF SIX -DRY STORMWATER RETENTION BASINS AND DRAINAGE PIPES ON FP & L PROPERTY FOR TUW PROJECT 89-37, SOUTHGATE STORMWATER RETENTION AREA#_-AND-PROVIDING--AN-EFFECTIVE DATE; - BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION -I: That the appropriate City officials are hereby authorized to execute a Right bf-Way Consent Agreement with Florida Power & Light Compay pertaining to the placement of six dry stormwater retention basins and drainage pipes on FP & L property for TUW Project 89-37, Southgate Stormwater Retention Area# a copy of said agreement being attached hereto as "Exhibit 11. SECTION-2t That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County, Florida. SECTION--3s This Resolution shall become effective upon adoption. 14' PASSED, ADOPTED AND APPROVED thisvZ7 day of 11990. w ATTEST: 00 CAROL A. EVANS CITY CLERK I HEREBY CERTIFY I have approved this solu on as to ALAN F, RUF CITY ATTORNEY 4RECORD OF COUNCIL VOTE MAYOR. ABRAMOWITZ 12441- DISTRICTI:- C/M ROHR...._„ DISTRICT2: _ C/M SCHUMANN DISTRICT 3: VIM HOFFMAN DISTRICT 4: C/M BENDER s t•' RIGHT-OF-WAY CONSENT AGREEMENT 11�/G/j FLORIDA POWER A LIGHT COMPANY. a Fimida oatporatim. whose mailing address is P. O. Bow O2p100. Miami, Florida 39102. hereina(tet referred W Y Company"hereby aaa►ssats b_ClIx 2f UMarac IIIiPIi��tl�iPull�l��louul�.. ,! whcsa mailing address is7525 H Dino Tal, hareiaaf tar referred b as 7,ivensse' using an arcs within Cwmp&ny'a riphtof-w sy granted by that and aslrseaaeat recorded in , • R . 8oai . Est Page - 7__,�14 . and O.R. Pook 4010 at Page 77 and O.R. Book 4116 at Page 316, • PGblicBsosrdsefr47frfC0un1y. within Company's rightd-way. kereinefter referred toss %Ms' is tree particularly described an Exhibit `A" attadred hereto. The.use of the lauds by Harness. shot) be solely for the purpose of d dEX glormwater retention basins ���r,,,Ap,� � submitx dbyLiaensee, attaehad hersb sus Exhibit %* i drainage pipes In aaasidentian star Company's consent and far the other mutual covenants set forth belonr, and for Ten Dollars (610.00) and other Rood and valuable mawideration, the reasiptaod a&quaq of which is hereby acknowledged, the parties hereto agree as follows: L Licensee agrees to obtain all necessary rights firm a* owners grow Inds in the event Licensee doe` not own said lands; to obtain any and all applicable federal, state, and lscat permits required in connection with Licensee's use of the lands; and at all dusk to comply with all requirements of all federal. cute, and local laws, ordinances, rules and regulations applicable or pertaining to the we of the lands by Licsnase ptusuaat to thin Agreement. !. Liceasse understands and Ogress that the use of the lands pursuant, to this Agreement is subordinate to the rights and !merest of cou4 mry in and to the lands and agrees to ma* its employees, agents, and contractors secordingly. Company speciKa►lly reserves the right to maintain its facilities h aaa an the Lads; 'to make improvements; add additional heilitl es; maintain, constructor aher roods; maintain any ladlities, devises. er improvements on the lands which aid in or are necessary to Company's business or operations; and the right to enter upon the loads at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company Hearn time464irno 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 which btmterfere with or prevent Company, in its opinion, frrom properly and aately constructing, improving, and maintaining its facilities. Liecasse agrees to relocate, alter. or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty days of reoelving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Lberosee and at no cost and expense to Company; provided 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, alteration. or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. V. Licensee agrees that it will red use the lands in any manner which, in the inion of Comp any, pant. may tend to interfere with Company's use of the lands or may tend to cause a hasardous condition to exist. Licensee agrees that in the event it should create a hawardous condition or situation which restricts, impairs, interferes with, or hinders the use of the lands by Company or the exercise by Company of any of its rights, then upon notification by Company, Licensee shall, within seventy-two (72) hours. at its sole am 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 reimburse Company for all of its costs and expense incurred in connection therewith upon demand. - 4. licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment. air 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 terrain. including the use of the lands by Licensee as provided herein, shalt be made which will result in preventing Company soma 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. Mom Company facilities. 5. Theea. shrubs, and other foliage planted or to be planted upon the Inds by Licensee an not to exceed a height of fourteen (14) fed above existing grade. 6. Outdoor lighting installed or to be installed upon the lands by Licensee are not to exceed & height of fourteen (14) feet above -existing grade and all poles or standards supporting light Sxtts»s are to be of a can metallic material. 7. Sprinkler systems installed or to be installed by f orneas upon the Inds are to be aonstruetsd of a noon -metallic material and sprinkler beads are to be set so the spray height does not exceed fourteen (14) foot above existing grade and does not make tamted with any Company facilities. Aboveground syrLems shall not be installed within or across Came patrol or red end systems crossing said patrol and finger roads are to be buried at a minimum ley W finger roads d ��• depth of one (1) foot below existing & Lisansee agreas to warn its employees, agents, contra tM and iuvitees of the fad that the oleotrlW facilities and appunte- taances 4nstal)ed or to be iinsmalled by Company within the lands are Of high Voltage electricity and agrees buss all safeW and precautionary mossures when working under or near Company's fi Wtes. !. Laenase Ograas, •st all times, to maintain and keep the lands clan and five of debris. Ito moo further understands and *VOW that certain wa of the lands On specifically prohibited; such uses include but are not limited to recreational purposes. lximtimg and moping. and Licenaaa &grew to not* its employes, agents, contractors, and inviless accordingly: 10. The use afthe bands by License shall be at the sole risk and expense of Licensee, and Cmpany is specifically relieved of wry responsibility for damage or boss to Licensee resulting from Company's use of the lands for its purposes. IL Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any iamage to Company's facilities resulting from Licensee's use of the lands and agrees that if, in the opinion of Company. it becomes roessary as a result of Licensee's use of the lands for Company to relocate, rearrange or change any of its facilities, to promptly %burse Company for all cost and expense invnlved %ith Ruch relocation. rearrangement or chanvo - 90 RIGHT-OF-WAY CONSENT AGREEMENT 0)?119 '*4Z FLORM POWER a LIGHT COM PANY, a Florida corporation, whore msiling address is P. O. Box 029100, Miami, Florida 33102. bwoWalia tafared to sa TA=pany.' hereby oaasrats to„ Ci tv of _ TnMrac _ whoss mailing address is , hisreinaiter referred m as 93aeasse; rasing an om.withia C, ompany's righter way granted by that certain agreement nmrded in Book rat Page 714 and O.R. Book 4010 at Page 477 and O.R. Book 411�-Pag�` . Public RraordsofAL2VAr$C mty, Florida. The said aria within Company's right-of-way. hereinaRer referred to as %U&,' is more particularly described on Exhibit 'A' attached hereto. The use of the lands by Lk smse, shall be solely for the purpose of go5 dry s ormwater retention basins .assho.,,pentheplansa„dspecific„tionssubmiaedbyLioe., �,.,,eb.d hereto as Exhibit B.- a drainage pipes , to coudderadon for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars ($10.00) and other good" valuable consideration. the receipt and adequacy ofwhieh is hereby acknowledged, the parties hereto agree as follows: L Licensee agrees to obtain all necessary rights loan the owners of the lands in the event Licensee does not own said lands; to obtain any and all applicable federal. state, and local permits required in connection with Licensee's use of the lands; and at all times. to amply 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. g. Licensee understands and agrees that the use of the lands pursuant 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 Weser Was the right to maintain its facilities located on the lands; to make improvements; add additional facilities; maintain, oonstnrct or alter roads; maintain any facilities, devices, or improvements an 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 bwm time to -time may require Licensee, to relocate, alter, or remove its facilities and ouipment, including parking "an and areas, and other improvements made by licensee pursuant to this Agreement 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, parking spaces and areas, and other improvements within thirty days of receiving notice from Company to do so. Such relocation, alteration, or removal wiU be made at the sole cost and expense of Lkesrsee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, sheration, or removal. Company retains the right to enter upon the lands and make said relocation, alteration, or removal of Ucensee's facilities, equipment. parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. C'd. 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 in the event it should create a hazardous condition or situation which restricts, impairs, interferes with, or hinders the use of the lands by Company or the exerdw by Company of any of its rights, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its note cost and expense, correctt 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 reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery an 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 terrain, including the use of the lands by Licensee as provided herein, shall be made whichwill 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, bass Company facilities. 5. Tters, shrubs, and other foliage planted or to be planted upon the lands by Licensee are not to exceed a height of fourteen (14) feet above existing tirade. fi. Outdoor lighting installed or to be installed upon the lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtural are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the lands are to be constructed 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 facilities. Above -ground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing C-odg"ile. S. Liosnase agrees to warn its employees. agents, contractors and invitees of the fact that she electrical facilities and appurte- aam es,laxtalled or to be installed by Company within the lands are of high voltage electricity and agrees to use all safety and pseosutincary measures when working under or agar Company's facilities. R. liaansse Mrs", at all times, to maintala and keep the lands dean and Area of debris. Licensee father understands and agrees that certain uses of the lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly. 10. The use of the lands by Licensee shall be at the ante risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee resulting from Company's use of the lands for its purposes. It Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and p y expense for any damage to Company's facilities resulting from Licensee's use of the lands 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. 1+ioe wee agrees it will eaerd" its privileges hereunder at its own role risk and agrees to Indemnity and save harmless Company, its parent, subsidiaries, afraliates, and their respective officers, directors, agents and employees (herciawfter referred to.as FPL Entities), from all liability, loss, cost, and expense, including attorneys• fee, which may be sustained by FPL Entities to any person, natural or artWkW, by reason.of the death of or injury to any person or damage to any property whether 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, Us contractors, agents, or employees; and Lieausee agrees to defend at its role eost and expense and at no cost and expense to FPL Entities any and all suits oraction instituted against FPL Entitles, for the imposition ofauch liability, toss, cost and expense. . 23. Uaeneee shall. during the period of this Agreement, maintain at its role expense a liability policy with minimum limits of $300,000 for bodily injury or death of person(s) and $25,000 ibr property damage "arising cut of a single occurenae. Raid policy shall be endorsed to insure against obligations assumed by Licensee In tto indemnity (paragraph 12). A certificate of fnsuranc on Florida Power & Light Company Form 1964-25 sha11 be furnished to C impeny evidencing that said policy of insurance is is force and will not be cancelled or materially changed so as to of j'ect the interests of FrL Entities until 10 day's written notice has been hnrnished to Company. Upon request, copies of policies wW be furnished 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 became effective upon execution by Company and Licensee and will remain in hill force and effect until completion of Licensee's use of the lands pursuant to this Agreement. unless earlier 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 ar all of the provisions contained herein. 18. The terns •7.ieensW shaA be construed as embracing such number and sender as the character of the party or parties require(s) and the obligations contained herein sha11 be absolute and primary and shall be complete and binding as to each, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 10. 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. In the event of any litigation arising out of enforcement of" Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. " 17. Licensee may assign its rights and obligations under this agreement to a solvent party upon prior written consent of the -company, which consent shall not be unreasonably withheld. I I. 1S. This Agreement includes and is subject to the provisions described an the attached Addendum..` Signed, sealed and delivered by Licensee this �_ day of o 19� WITNEf3S: C X 0' TAMAR. C lZci- .4 Eb'R/V�� tiro C`K By./ AMAN AA OWs-ra.s M ya Meal) a H i r-y a (Seal) Signed. sealed and delivered by Company this day of 19 WITNESS: . FLORMA POWER & UGHT COMPANY (Corporate seal) W EXHIBIT "A" OPIG, lIV41 LEGAL DESCRIPTION All that part of Section 6, Township 49 South, Range 41 East, lying South of and within 180 feet of the South right-of-way line of the C-14 Canal of the Central and Southern Florida Flood Control District; less the West part occupied by the Sawgrass Expressway and all that part of Tracts 16 and 8 of "Florida Fruit Lands Company Subdivision No. 2" of Section 5, Township 49.South, Range 41 East, as recorded in Flat Book l at Page 102 of the Public Records of Palm Beach County, Florida, lying within 180 feet of and South of the South right-of-way line of the said C-14 Canals and all that part of Sections 31 and 32, Township 48 South, Range 41 East, lying South of and within 180 feet of the South right-of-way line of the said C-14 Canal, lying West of N.W. 88th Avenue (Pine Island Road). Containing 34,71 acres, more or less. EXHIBIT "C" ADDENDUM 1. Licensee understands and agrees that no equipment capable of exceeding 14 feet in height will be permitted within the FPL right-of-way. 2. Drainage pipes to be installed by Licensee should be of a material and thickness that will support A 100,000 point load and shall be installed per FPL Specification A-86049-1 marked Exhibit "D" attached hereto and made a part hereof. R J vs qi w ma LU N N N N N al N W N M � M gym# u rn a a S S -rl 3 0 a � ono St i!U0 0 dr:Wai dw: r4a W. • W. I- to a N o � v O V� Q 1m c } Lou0 O zC2 s2 J W W O g H XL alb O IL U. A: I A s s ■ REM a�nw■ m m r�1�■rT� rmr r�*�rr� �mmr�anEn.mri��me ■■�>• m cMssn r�■r r�rn■r rn..rr� c�m� ■ Mull m ra. rr� ■�..� ff rr Ear mF-77311n �. Hoff-= mr...m■F-WVIM-lw ■mrrrymom o ■r�. m ■m■rmm ■ram mr-1WILL W. m7mmW1.11MrIm ■ram®m®mwmSOFT-FU ■m Iffrm ■m.I■E W 1��mwmmmmm MI . ®�rr� r*� �■ ■■rr�. 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N M Cara O k" K UNW&<r ILACD At W O Aso an Tw w toe ♦ tbl w Cr ILL OIK- m WILL hC+ATC M QL%Zmj ONIALL + M1 �L fXfwAC1R urOst aI stx W IwQ TK COrOt TILL MArfTAM M tSAWlLCVATIDt OM Ap'IM 10M CAUTION MAT PICIMCM TO IRrOfI 81K DWTM OR Clt.'IIRMM w TIC CLLri11T. fl. *tM fKR f O RT IAM p14MLpR owswam • 10 1MNIIIp,OWr• we M4 miii 10 Ta p1Atmi 9"L K 10 glum « 0 TRANSMISSION INSTALLATION SPECIFICATIONS MT . wT off 1 g� ` SECTION so A_ 88049-1 . 1 TR 1 wL ._— RIG -4-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, 4oridal,corporation, whose mailing address is P.O. Box 029100, Miami, Florida 331� hereinafter referred to as `Company.' herq�y 'conaenta to City of Tamarac...,. whom mailing address is 7 S 2r% N P i n P T s I Rd, T a ma l_ a c. FL 3 3 3 ZI. , hereinafter referred to as "Licensee "using an area within Company's right-of-way granted by that certain agreement recorded in O . R � Book 4678 ,at page 714 and O.R. Book 4010 at Page 477 and O.R. Book 4116 at Page316 Public Records of R rowa roCounty, Florida. The said area within Company's right-of-way, hereinafter referred to as %nds," is more particularly described on Exhibit `A- attached hereto. The use of the lands by licensee, shall be solely for the purpose of (6) dry s t o rmwa t e r retention lbws in s , as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "B.- & drainage pipes In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars ($10.00) and other good and valuable consideration, 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 does not own said lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the lands; and at all times, 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 understands and agrees that the use of the lands pursuant 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, 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 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 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, parking spaces and areas, and other improvements within thirty 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 cost and expense to Company; provided 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, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for .all of its costs and expense incurred 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 in the event it should create a hazardous condition or situation which restricts, impairs, interferes with, or hinders the use of the lands by Company or the exercise by Company of any of its rights, then upon notification by Company, Licensee shall, within seventy-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 reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 4. Licensee hereby agrees 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 terrain, 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 facilities. 6. Trees, shrubs, and other foliage planted or to be planted upon the lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade. 6. Outdoor lighting installed or to be installed upon the lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the lands are to be constructed 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 facilities. Above -ground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurte- nances 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. Licensee agrees, at all times, to maintain and keep the lands clean and free of debris. Licensee further understands and agrees that certain uses of the lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, 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 resulting from Company's use of the lands for its purposes. 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the lands 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 indemnify and save harmless Company, its 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 attorneys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property whether 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 sole cost 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 the period of this Agreement, maintain at its sole expense a liability policy with minimum limits of $",000 for bodily injury or death of person(s) and $25,000 for property damage arising out of a single occurence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity (Paragraph 12). A certificate of insurance on Florida Power & Light Company Form 1364-25 shall be furnished to Company evidencing that said policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of FPL Entities until 10 day's written notice has been furnished to Company. Upon request, copies of policies will be furnished 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 earlier 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. 15. The term 'Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 16. 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. In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 17. Licensee may assign its rights and obligations under this agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. 18. This Agreement includes and is subject to the provisions described on the attached Addendum. Signed, sealed and delivered by Licensee this day of ,19 / O . WITNESS: CI Y OF TAMARAC ¢Rc� �}, VHF/J5' Gl G By. KMAN ,+a"MOWITZ, MAVO6r (��) Signed, sealed and delivered by Company this _ day of WITNESS: C�l+N KE M.4NfFG (Seal) 19 By:. Attest: FLORIDA POWER & LIGHT COMPANY (Corporate Seal) EXHIBIT "A" LEGAL DESCRIPTION �L All that part of Section 6, Township 49 South, Range 41 East, lying South of and within 180 feet of the South right-of-way line of the C-14 Canal of the Central and Southern Florida Flood Control District; less the West part occupied by the Sawgrass Expressway and all that part of Tracts 16 and 8 of "Florida Fruit Lands Company Subdivision No. 2" of Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1 at Page 102 of the Public Records of Palm Beach County, Florida, lying within 180 feet of and South of the South right-of-way line of the said C-14 Canal; and all that part of Sections 31 and 32, Township 48 South, Range 41 East, lying South of and within 180 feet of the South right-of-way line of the said C-14 Canal, lying West of N.W. 88th Avenue (Pine Island Road). Containing 34.71 acres, more or less. - EXHIBIT "C" 1414� M001:4aDiem 1. Licensee understands and agrees that no equipment capable of exceeding 14 feet in height will be permitted within the FPL right-of-wa.y. 2. Drainage pipes to be installed by Licensee should be of a material and thickness that will support a 100,000 point load and shall be installed per FPL Specification A-88049--1 marked Exhibit "D" attached hereto and made a part hereof. Exhibit "D" INSTALLATION OF CORRUGATED kETAL PIPE C NERTS Nouv PIPE cu %WM trAr�Mty srtt �1pi°4To AI,1�+44s4 A4.1rOY w'�'lar4a+►s aor►Ts eALYA.IIss shad Ip114.'FE1 oAo[ IA1 T> IM ETA o11 PATTt�+U 14 It of 16 swa It WI6. 92 16 1 X $a is 1 10 lt/a X 7I16 a0 14 IMMIA,to is is 14 a." X 711• 47 t• !< I1 t1 !4 14 lt/a X 7116 s4 16 sdn X 1n M at 10 2-11 a X In 4t 1 94n X W2. 0 n 40 14 11-11/7 X In ►A 14 *W* X In 41 as 7.1 14 t`t/a X In Its 14 X oil 4t ►A 14 i X l IsA 16 3 X I 49 Ir• 16 i -XI Ill 14 i X I M M 1a0 16 a X I I" 111 a X I w 4e 1►A 14 a X 1 11.9 14 a X 1 M M am 14 ON 1 sLl 14 a X I D4 7t tsa 14 a X I MR 14 a X 1 tat t C PIPE AR04 CA.YSTS tTAfOAlO fI>IY WC OATts AIJAW W ALLOY sltwr4ol� ODATm i.11rAlA17A t� NLINAM : x GQ SAME PATTTJM 4/lTI� Olnl XATTM 1 17 13 is1• L&3 X In a0 16 }-am If to to t t1 Is I.7 t• t-tf7 X In 47 16 24" X In at a M le !a 1• !t/a X In a4 1• s-101 X In N 4 st Ion !0 14 t-W X In 72 14 94" X In = a as 124 44 14 t-tia X 1n VA /4 0.1" X ull 41 • 41 log 43 It t-an X In I" It 044 X In 7 40 133 sA 12 a" X I/s Ia1 I! j jL3 X In 75 o ! In 11,7 10 I -am X II! t7A It *114 X In as ► M 43 144 to If3/7 X In ata 10 0-103 X I/t 119 10 7t 41 17A a a-" X 1/t 4u t0 X In 171 4 TIE! AK APIY1{7IIDAATE WEIGM FM 11 %VW rM "Von COIAIANSON OF EWVAL&ff SM OF t 11 PMt TO No" Oft OIAA4_m uwcmm owe AWN WAR ocHm Is 17 X 13 10 81 X Is ti 24 X ID t4 a• X s1 30 as X 24 a• At X t0 42 40 1t as 4s s7Xn 64 44 X 40 40 71 X 47 IOA ►OD t IOMT OM►ANY ........ .. /, 00" PIPE TYPE tr j„ TYPICAL COMMOTION PATTtc3i1 rnm X munm PIPE ARCH TYPE Ek-r a r&-WA T= 4 Ips1s 1 M IIAT111 1qt/ Rsl a •AM R 01t OW s1! WKAVeRADE W MATTO tN AOIt+D PIpE PIPE AdCl4 "m i > f1 wm 1 TRANSMISSION INSTALLATION SPECIFICATIONS DATtI Iw V a SECTION ON 5.0 Smut t Ov t 4friMwit A- 88049-1 (TR,IS.-) c I= CAD T11AN111s INSTALLATION OF CORRUGATED METAL PIPE CULVERTS TOP a PAINX stow �_ MwpTtS 9a tp �� % Q ` =° ew view I Is arII11AA1 011� illlllll�llllllllllllllllllllllllllllllllllllllllfiill!lIIII SECTION A -A 0" 00 MAL I tI IATtNIW ---------------- --- I PLAN V I EW tE< Hart w SHAM a � ccbp^CTW SAtO +3;'i �.. DETAIL i ENCIMMING NOTES 1. IN= MVM NSTALLATO" SMALL HAVE A aaM MIMM W OF Two w FEET AID Ox t7 510"M TO 11[ET wAS1f►O LCMDNp fES1t71ihT1ON W-lt► FOA LOAM4 iPKwTEt1 "%N t M stcuL scare a AIE 1rCIt11� L ALWNW AUZI CILVEIITS AIK DEStfI� % 1111E N CEMSTAL AWAS MO MAY K 11:Kt) N OTMER AIE.ILl. DITWII;Ard ASPIMLT COATED aALVM�I>?,p STta Cia1VCa7S a/AY 49 LIMD N VINIM Tww COASTAL MEAL N L GALVANIZED STEEL Cu.VOM SHALL K HP W GALVAMZ M AND COLTER OISME " "SIfE WITH A MIM"k TM**4MS o/ *5 NG1d w ► w OPM sITUMtIOUp AWMALT. . I PIPE ARCH (ALMITS AIA OM A FASM RNMT TnW M" "PC pLVM M WHEN M WATER FLOW Is sM M FULL K" 4 PIPE AR04 CLLVMITS REOUM LE!! tEJ1M M JWW #*M P/E C%L11a» l WITHIN COUNTY of DOT RMpiT-CFi1AY CILVEtITs ►MY REp11R! tMToMb Of AND CRATES AS pECIFKC N rolvlfuAL pIt1VElIAr POMeTa 4 V IION OF FILL sift -ROE WI L DICTATE M CULVent 0VUL .L US DIA a Samoa" f, OILVMT �I /wu� SAM toµ" CtLVERT CONSTRLCTION NDM T. THE TOP O► THI CdRtpATICat OM THE MICE AT M screw of " CaLVM1T IMLL sE MQTALLF.D AT M SAAK ELEVATId�I AS Tli stJTr" Cr At1�AC>QfT q/p pl E 1Q SITOt1 M ItlSDII. M sAK MEYATKSI As 11AT1/1AL pb1F0 A M AREA Or MSTALLATKU *W.L M U098 9. LfgM0 Me CO► ,%C O To "OVKK YNIOIM KA11N0 AplCltb TK t11RLE LQ1pTN p TK Oy.-lalT, WHEN � buol OA OTtol 1RLYtN KARND aaATM11AL K POEMM N M AREA OF NSTA"TNX IT SHOT L K tM1AA1)VML NY P1tl*" "MUTT" A►O M OILVMIT ?PIDC l swa.L t &MW m. LEVEIJ� A►O Co+PACTED WITH A YNR,AAI CF' TMIQ 0 NarQ A saTTW sm OF CAM I" AS fML* +t !wM)taAMO OQ+�ACTLp TALL O nT11� lltrR THE CiLV01T TO A POIMI SIX Y/ =M AspYE Tti BOTTOM a THE OLLVMrT M 94DM M tKTAL L t A 141N114M a TM M FM W OOMPACTO DOW STAOSE OOIIlR *vAL M tMSTALLLD ovMt THE CtLVEAT. MS QOVp1 94ALL sE MEE CF LANK Rorata w turlf LtAOJ LARiKR TtMN TtM o O CHS M Dwoem PLAVIC SILTS, OGU Olfs d.AYS. PEA» pI OlMApac tasTERtAt! OSpLL um ! 1 AS Oo1M MATERW. w. THE OOVMI SHA A. SE U11FOOMY PLAM MD" AND C11 "W OF M CLLVERT N ML COMPACTED LLVMM OF SIX to WJOH . 7M WM FILL SPwL K ALTlOSI MY PLACID OM EITtp1 SIDE a M O1Lvar AAO SHALL AANrtAN M WAM ELEVATION ON MM SLUES. CA1K101 MOST w E7iMICISED To PI9Y9tT Stet OWTOO OR Coda" Or Tt[ CILYEMT. it. r11O1 TAt•OMr pu.VMIfS AK sQTALLRD A "*OWN OF TMtE�E IQ FQT STACDq lMLL SC MASITANm S[f1KW TK C%LVMT ILWA4i1 IL M qM NPRISY.M1OAONMP ROAD EM WATO M OLVOIT sMM.L sE NO 9MMMI ?F L� TRANSMIS51ON INSTALLATION SPECIFICATIONS DATA / SECTION 5.0 MET I of s ORI w Fow R a IT COMPANY A— 8804 /Q— (TR IS -) eae TE&I Y cel W a0 CC -0 aZZ CL 0 LU LU Q .. m�a w CA LOU- Q W © H Za-1 e Q W ,o Z z � W W LL N za3 Oa—z0 Lu oaa Q E UJ V �` QVO LL V�J H LL LU LL W jr ~ V N W 4J .04 4 x W a c F z 0 U , fl: r 0 r W r w r U w a 0 W a E z z w w W C a' 0 W z� w z r a 2 H w N W Y a I ww W ` J j a /b a~ "v 4 a c °y N W ro 00000 M,00 QW W W W W W W C 0 Y a F+ fN fA M a K H H 0 00 _J m 0 0 0 0 J L V L V t LL .� W W W W W W W 0 C � T =r O J M W 40 r x x LU 'W` V cc O LL z E U J z a LU m D N) z W J' N cc ea LU > N GO J 0 LL C 4 ° IA c O d u. 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