HomeMy WebLinkAbout07.g EDB FPL License Agreement. Ravines to Henley.final EXECUTIVE SUMMARY
AGENDA ITEM:
Request for consideration and approval of a License Agreement between Florida Power & Light
Company (FPL) and Clay County Utility Authority (CCUA) associated with the Ravines to Henley
Road Water Main Extension.
Financial Job No. 21023WL
Project No. 2020-112
Date: March 1, 2024
BACKGROUND:
CCUA staff requests approval of a License Agreement with FPL associated with the Ravines to Henley
Road Water Main Extension along County Road 218, as shown on the attached map.
The Ravines to Henley Road Water Main Extension project consists of 17,400 linear feet of pipeline
to connect the Ravines water service area in Middleburg to the Lake Asbury service area. Connecting
these two water distribution systems will provide resiliency by other connecting grids. CCUA staff
requested FPL's consent to utilize approximately 2,504 square feet of their property located on the
north side of County Road 218 and 2,000 square feet on the south side of County Road 218 to
accommodate the jack and bore entry and exit pits needed to install a 12-inch water main across County
Road 218. The License Agreement provides a six (6) month term commencing on April 1, 2024, and
ending on September 30, 2024, unless terminated earlier or extended by mutual agreement. In
consideration for this agreement, CCUA agrees to pay FPL a License Fee of$2,500.00 for the six (6)
month term.
The attached License Agreement provides CCUA and their contractor (TB Landmark) the consent to
use a portion of their property along County Road 218 for temporary use to allow for equipment,
materials, and the construction activities needed to install the 12-inch water main.
BUDGET:
Staff has budgeted$4.9 million for this project. Current contracts total at$3,539,823.58 of the project
budget. After this agreement, $1,357,676.42 will remain as an uncontracted contingency. Staff
considers the fee of$2,500.00 for the six (6) month License Agreement fee reasonable compared to
alternative installation methods.
RECOMMENDATION:
Staff respectfully requests the Board of Supervisors approve the attached License Agreement
between FPL and CCUA.
ATTACHMENTS:
1. FPL License Agreement
2. Easement Area Map
//MB (Author)
//AA PS (Review)
//PS (Final)
LICENSE AGREEMENT
(FPL License#
THIS LICENSE AGREEMENT ("License") is made this day of February 2024 ("Effective Date") by and
between Florida Power& Light Company, a Florida corporation ("Licensor"), whose mailing address is 700 Universe
Blvd., B2A/JB, Juno Beach, Florida 33408-0420, and Clay County Utility Authority, an Independent Special District
established under Chapter 94-491, Laws of Florida, Special Acts of 1994 ("Licensee"), whose mailing address is
3176 Old Jennings Road, Middleburg, Florida 32068-3907.
WITNESSETH
WHEREAS, Licensor is the owner in fee simple of that certain real property located in Clay County, Florida, more
particularly shown and described on Exhibit A attached hereto and incorporated herein by this reference ("Licensed
Premises")
WHEREAS, Licensee desires to occupy and use the Licensed Premises as stated herein and Licensor desires to
allow such occupancy and use of the Licensed Premises upon the terms and conditions hereinafter set forth; and
NOW, THEREFORE, in consideration of the mutual benefits, covenants, agreements and promises contained in this
License, the License Fee hereafter set forth and described, and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, it is agreed as follows
TERMS, CONDITIONS,AND PROVISIONS
1. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Use. Licensor hereby grants to Licensee and Licensee hereby accepts from Licensor, a non-exclusive
license to occupy and use the Licensed Premises solely for the jack and bore entry and exit pits to install a 12-inch
water main across County Road 218, as shown in Exhibit A, but not for any other purpose whatsoever, upon the
terms and conditions set forth in this License.
Licensee shall obtain at its sole cost and expense, all applicable federal, state, and local permits required in
connection with Licensee's allowed use of the Licensed Premises and provide copies of each such permit to Licensor.
3. Term. This License is for a term of Six (6) months commencing on the 1st day of April 2024 and ending on
the 30thst day of September 2024 ("Term"), unless earlier terminated as provided by this License, or otherwise
extended by mutual written agreement of Licensor and Licensee.
4. License Fee. During the Term, Licensee shall pay Licensor the sum of twenty-five hundred dollars and
00/100 dollars ($2,500.00), plus any applicable sales tax ("License Fee"), in lawful currency of the United States
of America in the form of a regular bank check, cashier's check or money order.
5. Licensor's Rights. Licensee agrees to never claim any interest or estate of any kind or extent whatsoever to
or in the Licensed Premises by virtue of this License or the occupancy or use hereunder. Licensee's use of the
Licensed Premises shall always be subordinate to Licensor's rights to and in the Licensed Premises. Licensor hereby
reserves the right to enter upon the Licensed Premises at any time and for any purposes and Licensee shall notify its
employees, agents, contractors, subcontractors, licensees, and invitees accordingly. Licensor, its employees and
contractors are not and shall not be responsible or liable for any injury, damage or loss to Licensee resulting from
Licensor's use and/or Licensee's use of the Licensed Premises. Licensor may at its sole discretion, install and/or
permit others to install facilities upon, over and/or under the surface of the Licensed Premises at any time and from
time to time during the Term.
6. Conditions and Restrictions on Use.
(a) Licensee shall, at its sole cost and expense, comply with all laws, rules, and regulations of all governmental
authorities having jurisdiction over the Licensed Premises or use of the Licensed Premises. Licensee shall
employ agricultural and other land management practices standard in the county and/or counties in which the
License tAgreement - Form:167o629 3
Form Rev. 3/15/16
Licensed Premises is located according to the purpose for which this License is granted and for the
protection of the Licensed Premises. Licensee shall not designate or use the Licensed Premises to satisfy or
comply with any minimum required parking code. Licensee shall not within the Licensed Premises, construct
or erect any permanent or temporary building, structure, fixture, fence, shelter, attachment or improvement
without the prior written consent of Licensor. All work to be performed by Licensee upon the Licensed
Premises shall be in accordance with detailed plans and specifications to be prepared by Licensee and
submitted to Licensor for Licensor's prior written approval thereof. Licensee shall not commence any
work on the Licensed Premises unless and until such plans and specifications have been approved in
writing by Licensor. Licensee shall pay directly on its own behalf for all costs and expenses associated
with the construction and maintenance of all improvements and facilities that it constructs, operates and
maintains upon the Licensed Premises. All fences, gates, lighting systems and irrigation systems
installed by Licensee shall be electrically grounded according to Licensor's specifications. Licensee shall
not cause or allow any waste of the Licensed Premises and shall not remove soil, import soil or alter the
existing surface elevation of the Licensed Premises without first obtaining Licensor's prior written consent,
which Licensor may grant or withhold in its sole discretion. Licensee shall not commit or allow any waste
or damage to be committed on any portion of the Licensed Premises and shall keep the Licensed
Premises in clean, safe and sanitary condition and in good repair and condition during the Term, as may
be extended. Licensee, at Licensee's cost, shall be responsible for all landscaping maintenance on the
Licensed Premises, and all janitorial services, including without limitation the obligation to remove trash,
rodents, insects and vermin from the Licensed Premises as necessary. Licensee shall pay for all utility and
other services furnished to or for Licensee upon the Licensed Premises.
(b) Licensee shall not use the Licensed Premises in any manner which, in the sole opinion of Licensor, might
interfere with Licensor's use of the Licensed Premises or might cause a hazardous condition to exist.
Licensee acknowledges that electrical equipment and appurtenances including, but not limited to, utility
poles, overhead and underground wires, cables, conduits, circuits, insulators, transformers, guy wires and
guy wire anchors (collectively "Licensor Facilities"), are installed or may be installed over, upon and under
the surface of the Licensed Premises by Licensor and/or by others and are conductors of high-voltage
electricity. Licensee understands that contact with or disturbance of any of these Licensor Facilities may
cause a condition hazardous to persons and/or property. Licensee shall exercise extraordinary precautions
to prevent injury or damage to persons and/or property that could result from contact with or disturbance of
Licensor Facilities. Licensee shall notify its employees, agents, contractors, subcontractors, licensees and
invitees of the existence of Licensor Facilities when working in the vicinity of Licensor Facilities.
(c) Licensee shall not install any improvements within twenty-five (25) feet of Licensor Facilities, unless
Licensee first obtains prior written approval from Licensor. Licensee shall not cause or allow anything to
exceed fourteen (14) feet in height above the surface of the Licensed Premises, nor allow any equipment
capable of extending greater than fourteen (14) feet above the surface of the Licensed Premises to be
brought upon the Licensed Premises, except that this provision shall not apply to equipment and items
brought onto the Licensed Premises by Licensor or Licensor's employees, agents, and contractors.
Licensee shall utilize effective dust control measures to prevent contamination of high-voltage circuit
insulators. In each and every location where an electrical circuit exists above the ground surface of the
Licensed Premises, Licensee shall not allow to be planted or rooted in the ground within less than fifty
(50) lateral feet of such circuit, any type of vegetation that is capable of growing to a height of fourteen
(14) feet or more above the ground surface. Licensee may, anywhere upon the Licensed Premises, grow
any type of vegetation that is planted and rooted in a pot or container where the volume capacity of the
pot or container does not exceed twenty-five (25) gallons and where no part of the pot or container exists
below the surface of the ground that touches the pot or container. Vegetation planted and rooted in a pot
or container shall not be allowed at any time to exceed a height of fourteen (14) feet above the ground
surface of the Licensed Premises. Licensor shall have the right, but no form of obligation, to inspect the
Licensed Premises to determine if Licensee is in compliance with all terms, conditions and provisions of
this License.
Form 3737 Rev. 3/15/16
2
7. Environmental.
(a) Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the
Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]),
petroleum products, liquids or flammables shall be placed upon, under, transported across, or stored upon the
Licensed Premises, which restricts, impairs, interferes with, or hinders the use of the Licensed Premises by Licensor
or the exercise by Licensor of any of its rights thereto.
(b) After the Effective Date, Licensee may perform a Phase I and/or Phase II environmental site assessment
as per ASTM criteria to investigate the existing environmental condition of the Licensed Premises that is the
subject of this License. The performance or the failure to perform an environmental site assessment does not
relieve the Licensee from compliance with any other provision of this section of this License. Licensee shall
maintain copies of any local, state or federal permits, licenses or other authorizations required for any and all of its
activities on the Licensed Premises and present copies of such permits, licenses or other authorizations to
Licensor and to any local, state and federal governmental agency official that requests to see the same. Licensee,
at Licensee's sole cost and expense, shall perform all conditions required under any and all ground and surface
water permits issued in connection with the Licensed Premises, including all maintenance and reporting
obligations.
(c) Licensee shall not create or contribute to any Environmental Contamination, Unauthorized or Unpermitted
Wetland Impacts, Unpermitted Groundwater Wells, Illegal Use of Ground or Surface Waters or any Other
Environmental Impacts (individually and collectively referred to as "Environmental Conditions") as a result of its
use of the Licensed Premises.
(1) Environmental Contamination is defined as any spilling or discharge of any chemical constituent
by the Licensee to the environment that results in any pollution, sheen or contamination of the groundwater,
surface water, soil, or any other environmental media, on or from the Licensed Premises, above the federal, state
or local regulatory levels; including: (i)for groundwater: Chapters 62-777, Table I, 62-520, or 62-550 of the Florida
Administrative Code ("FAC"); (ii) for surface waters: Chapters 62-777, Table I, or 62-302 of the FAC; and (iii) for
soils: Chapters 62-777, FAC, Table II; or above natural background levels.
(2) Wetland Impacts are defined as activities impacting areas defined as "wetland" under the
following: (i) federal law (for example, Section 404 of the Clean Water Act); (ii) federal rules (for example, current
approved Army Corps of Engineers ("ACOE") Delineation Manual); (iii) federal guidance; (iv) state law (for
example, Section 373.019(22), Florida Statutes); (v) state rules (for example, Chapter 62-340, FAC); (vi) state
guidance; (vii) case law as formulated that further explains wetland jurisdictional criteria; (viii) local law (for
example, county ordinances; (ix) local guidance; or(x) local policy. Unauthorized or Unpermitted Wetland Impacts
shall mean the failure to obtain all required federal, state and local permits to impact the wetland or undertaking
any action or activity in violation of any such permits. Some examples of permits needed to impact the wetland
are the county environmental resources management permits, the State of Florida Department of Environmental
Protection or Water Management district permits, and the Federal ACOE permits.
(3) Unpermitted Groundwater Wells means the installation or the use of an existing groundwater well
without obtaining the appropriate state and local permits for the well installation and/or well pumping for use of
groundwater or surface water in the area.
(4) Illegal Use of Ground or Surface Waters means the withdrawal or use of either ground water or
surface water without obtaining any required consumptive use or water use permits from the St. John's River
Water Florida Water Management District ("SJRWMD") or in violation of any consumptive use or water use permit
issued by the SJRFWMD.
(5) Other Environmental Impacts, include, but are not limited to: failure to apply pesticides consistent
with labeling instructions; failure to dispose of pesticide containers as per label instructions; failure to have
licensed and trained personnel applying pesticides; failure to properly manage pesticide mix/load sites to avoid
pesticide release to soils or surface waters in quantities or concentrations other than that specified on the label
application instructions; or any violations of Federal Insecticide, Fungicide, and Rodenticide Act, or its state law
Form 3737 Rev. 3/15/16
3
equivalent; or any violations of the Florida Department of Agriculture and Consumer Services rules or Best
Management Practices for the activities contemplated by this License.
(d) If the Licensee causes any Environmental Conditions to occur because of the performance of activities
contemplated by this License, Licensee shall notify Licensor immediately upon discovery. Licensee
acknowledges that the failure to deliver such notification may cause Licensor to file a damage claim against
Licensee and confers to Licensor the right to terminate this License as set forth below in Section 9. Within
seventy-two (72) hours of discovering such Environmental Conditions, Licensee shall, at its sole cost and
expense, correct such condition or situation; provided that the Licensor retains the right to enter upon the
Licensed Premises and correct any such condition or situation at any time. Any release notifications required to
be submitted to federal, state or local regulatory agencies, because of the actions of Licensee pursuant to this
License or any other notifications based on Environmental Conditions, shall be coordinated with Licensor.
(e) If Licensee, or its employees, contractors, subcontractors or anyone else working at the direction of
Licensee causes Environmental Conditions on the Licensed Premises, or causes contamination that originates on
the Licensed Premises, Licensee, on its own behalf and on behalf of its shareholders, officers, directors,
employees, servants, agents, and affiliates, shall and hereby does forever hold harmless, indemnify, and release
Licensor, and its shareholders, officers, directors, employees, servants, agents and affiliates (collectively,
"Licensor Entities") of and from all claims, demands, costs, loss of services, compensation, actions or
investigations on account of or in any way growing out of the Environmental Conditions, and from any and all
known and unknown, foreseen and unforeseen damages, and the consequences thereof, resulting from the
Environmental Conditions, including but not limited to, restoration of the Licensed Premises to the condition it
existing prior to the occurrence of the Environmental Conditions.
8. Right to Cure. Licensor, at its sole discretion, may remove or cause to be removed by it or by its
employees, agents, contractors, subcontractors, licensees, and invitees, any and all objects, materials, debris, or
structures that could create a condition hazardous to persons or property or interfere with Licensor's use of the
Licensed Premises or with Licensor Facilities. All costs incurred and/or expended by Licensor pursuant to this
section which are caused by Licensee, its employees, agents, contractors, subcontractors, licensees, and invitees,
are and shall be the sole obligation of Licensee, who shall reimburse Licensor immediately upon demand. If any
of Licensee's activities or Licensee's use of the Licensed Premises results in an interruption of electric utility
service, then Licensee shall reimburse Licensor for all costs related to each such interruption, including, but not
limited to Licensor's lost revenue and costs to restore electric utility service.
9. Termination. Licensor may terminate this License at any time and for any reason or no reason whatsoever
upon giving Licensee at least ninety (90)days prior written notice of such termination and in such case, Licensor shall
refund to Licensee, any advance License Fee paid by Licensee to Licensor for the period of time, if any,that Licensee
is unable to use the Licensed Premises due to Licensor's early termination of the Term. Licensee may terminate this
License at any time and for any reason or no reason by giving Licensor at least ninety(90)days prior written notice of
such termination; however in such case, Licensee shall not be entitled to a refund of any advance License Fee paid or
any Licensee Fee due and payable for any period of time that Licensee does not actually use or is unable to use the
Licensed Premises as a result of Licensee's early termination of this License. Licensor may immediately terminate
this License at any time if Licensor, in its sole discretion, determines that Licensee and/or its employees, agents,
contractors, subcontractors, licensees, or invitees have violated and/or failed to comply with any term, condition or
provision of this License, and in such event, any advance License Fee and/or other payments paid by Licensee to
Licensor or due and payable to Licensor hereunder shall be retained by Licensor as liquidated damages, it being
understood and agreed that the damages incurred by Licensor if Licensee fails to perform hereunder may not be
ascertained with mathematical precision as of the Effective Date. This License shall terminate automatically upon the
death or dissolution of the Licensee or if Licensee shall become insolvent or bankrupt.
10. Surrender. Upon expiration or earlier termination of this License, Licensee shall vacate and leave the
Licensed Premises in as good a condition as existed prior to the Effective Date. No later than five (5) calendar
days following the date upon which this License expires or terminates, Licensee shall remove all personal
property and improvements placed upon the Licensed Premises by Licensee and shall repair and restore and
save Licensor harmless from all damage caused by such removal. If any or all such personal property and
improvements placed upon the Licensed Premises by Licensee is not so removed by Licensee within the above
prescribed five (5) day time period, then Licensor shall have the right, but not the obligation, to take possession of
Form 3737 Rev. 3/15/16
4
and appropriate unto itself, without any payment or offset thereof, any personal property and improvements
placed upon the Licensed Premises by Licensee or any other entity acting on behalf of Licensee. Licensor shall
have the right, but not the obligation, to effect removal of such personal property, improvements and items at
Licensee's sole cost and expense, the amount of which Licensee agrees to reimburse to Licensor immediately
upon Licensor's demand.
11. No Encumbrances. Licensee expressly covenants and agrees that the Licensed Premises shall not be
subject to any encumbrance by any mortgage, lien, financial instrument or other agreement outside of or in addition to
this License, nor shall the Licensed Premises be liable to satisfy any indebtedness that may result from Licensee's
operation or activity.
12. Indemnity. Licensee shall exercise its privileges herein at its sole risk and agrees, to the extent permitted
by law and not to exceed the limitations set forth in Section 768.28, Florida Statutes, if applicable, to indemnify and
save harmless Licensor and Licensor Entities, from all liability, loss, cost, and expense, including attorneys' fees,
which may be sustained by Licensor Entities, to any person, natural or artificial, by reason of the death of or injury to
any person or damage to any property, due to the acts and omissions of Licensee, arising from or in connection with
the use of the Licensed Premises by Licensee, and its employees, agents, contractors, subcontractors, licensees,
and invitees. Licensee agrees to defend, at its sole cost and expense, but at no cost and expense to Licensor
Entities, any and all suits or actions instituted against Licensor Entities for the imposition of such liability, loss, cost,
and expense arising from the use of the Licensed Premises by Licensee and its employees, agents, contractors,
subcontractors, licensees, and invitees. Nothing contained herein shall be construed as a waiver of Sovereign
Immunity under Section 768.28, Florida Statutes. This paragraph shall survive expiration or termination of this
License.
13. Insurance. At all times, during the Term, Licensee shall have and maintain, at Licensee's sole cost and
expense, (i) Commercial General Liability insurance with minimum limits of$2,000,000.00 for bodily injury or death of
a person(s) and property damage per occurrence. The limits may be evidenced with a combination of primary and
excess/umbrella insurance and (ii) Workers' Compensation insurance coverage as mandated by the applicable laws
of the State of Florida. Each party releases and waives and will require its insurer release and waive all rights of
subrogation against the other for any damage to or loss of property owned by the waiving party. An ACORD or
similar certificate of insurance shall be furnished to Licensor evidencing that said policy of insurance is in force and
will not be canceled or non-renewed so as to affect the interests of the other until thirty (30) days prior written notice
has been furnished to Licensor. Upon request, copies of said policy will be furnished to Licensor. Licensee
understands and agrees that the use of any Site which is the subject of this Agreement is expressly contingent upon
acceptance and compliance with the provisions contained herein.
14. No Transfer. Licensee shall not, without the prior written consent of Licensor, allow any other entity or party
to occupy or use the Licensed Premises or in any way transfer, assign, lease, sublease, license, sublicense or in any
other manner, convey this License to any entity or party not specifically named herein by Licensor as a party to this
License. Licensee shall not hypothecate this License, nor enter into any license, concession agreement, mortgage,
contract or other agreement which conflicts with or is contradictory to the terms and provisions of this License.
15. Holding Over. If Licensee continues to occupy and/or use the Licensed Premises, or any part thereof,
after the expiration or earlier termination of this License, then no tenancy, ownership or other legal interest in the
Licensed Premises to the benefit of Licensee shall result therefrom, but such holding over shall be an unlawful
detainer and all parties occupying and/or using the Licensed Premises shall be subject to immediate eviction and
removal, and Licensee shall upon demand pay to Licensor, as liquidated damages, a sum equal to double the
rate of the License Fee as set forth above in Section 4 for and during any and all period(s) which Licensee and/or
its employees, agents, contractors, subcontractors, licensees, and invitees fail to vacate the Licensed Premises after
the date upon which this License becomes expired or terminated.
16. Subordination by Licensee. This License is made expressly subject and subordinate at all times to any
and all mortgages, deeds of trust, ground or underlying licenses affecting the Licensed Premises which have
been executed and delivered, or which may at any time hereafter be executed and delivered, and any and all
extensions and renewals thereof and substitutions therefore and modifications and amendments thereof, and to
any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or underlying
Form 3737 Rev. 3/15/16
5
licenses. Licensee agrees to execute any reasonable instrument(s) which the Licensor may deem necessary or
desirable to effect the subordination of this License to any or all such mortgages, deeds of trust, ground or
underlying licenses which do not diminish, alter or change Licensee's rights hereunder.
17. Waiver of Jury Trial. LICENSEE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY
AND ALL RIGHT(S) IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED
UPON, OR ARISING FROM, UNDER, OR IN CONNECTION WITH THIS LICENSE, OR ANY DOCUMENT
CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENT(WHETHER ORAL OR WRITTEN) OR ACTION OF LICENSEE.
18. Attorneys' Fees. In the event of any litigation arising between the parties under this License, the
prevailing party shall be entitled to reasonable attorneys' fees and paralegals' fees and court costs at all trial and
appellate levels. This paragraph shall survive expiration or termination of this License coextensively with other
surviving provisions of this License.
19. Applicable Law and Venue. This License, including each and all of its terms, conditions and provisions, is
governed by and interpreted according to the laws of the State of Florida. All legal matters arising out of, or in
connection with this License are and shall be subject to a court of competent jurisdiction within the State of
Florida. The parties agree that jurisdiction to adjudicate any case or controversy involving this License shall
exclusively be in the state courts located in County wherein the Licensed Premises is located. If any term,
condition or provision, or any part thereof, is found by a Florida court to be unlawful, void or unenforceable, then
that term, condition, provision or part thereof shall be deemed severable and will not affect the validity and
enforceability of any of the remaining terms, conditions and provisions of this License.
20. Time and Entire Agreement: Time is of the essence, and no extension of time shall be deemed granted
unless made in writing and executed by both Licensor and Licensee. This instrument constitutes the entire
agreement between the parties hereto and relative to the License, and any agreement or representation which is not
expressly set forth herein and covered hereby is null and void. All amendments, modifications, changes, alterations
and supplements to this License must be in writing and executed by both Licensor and Licensee in order to be
deemed valid and enforceable. If Licensor fails or elects to not enforce Licensee's breach of any term, condition or
provision of this License, then Licensor's failure or election to not enforce Licensee's breach shall not be deemed a
waiver of Licensor's right to enforce one or more subsequent breaches of the same or any other term, condition or
provision of this License.
21. Notices. All notices associated with and related to this License shall be deemed to have been served upon
the date and time received by Licensor or Licensee at the addresses set forth in the Preamble by: government postal
service, private delivery service or by electronic email. Either party may, at any time, designate in writing a
substitute address for the address first written above, and thereafter notices shall be directed to such substituted
address.
22. Recording. Neither this License, nor any memorandum or document related hereto may be recorded in
any official public record.
23. Headings and Gender. All headings in this License are inserted only for convenience and ease of reference
and are not to be considered in the construction or interpretation of any provision of this License. In construing this
License, the singular shall be held to include the plural, the plural shall include the singular, and the use of any gender
shall include every other and all genders.
24. Construction. This License shall not be construed more strictly against one party than against the other,
merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that
both parties have contributed substantially and materially in the negotiation and preparation of this License, and that
the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this License or any exhibits, schedules, addendums or amendments hereto.
25. Counterparts. This License may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which together shall constitute a single instrument.
Form 3737 Rev. 3/15/16
6
26. Authority. The individuals and entities executing below represent and warrant their corporate authority to
execute this License, bind the respective entities hereto, and perform their obligations hereunder.
27. Brokerage. It shall be the obligation of Licensee to pay any claim for any brokerage commission or fee
asserted against Licensee or Licensor in connection with this transaction, and Licensee shall indemnify, save
harmless and defend Licensor from and against any such claim (including reasonable attorney, paralegal and expert
fees and disbursements in all proceedings and at all levels of proceedings). This section shall survive termination of
this License.
[Signatures on Next Page]
Form 3737 Rev. 3/15/16
7
IN WITNESS WHEREOF, Licensor and Licensee have caused this License to be signed and executed effective as of
the Effective Date.
Witnesses for Licensor: Licensor:
Florida Power& Light Company,
a Florida corporation
Signature: By:
Print Name: Name:
Title:
Signature:
Print Name:
Witnesses for Licensee: Licensee:
Clay County Utility Authority, an Independent Special
District established under Chapter 94-491, Laws of Florida,
Special Acts of 1994
Signature: By:
Print Name: Name: Jeremy D. Johnston, PE, MBA
Title: Executive Director
Signature:
Print Name:
Form 3737 Rev. 3/15/16
8
Exhibit A
Parcel ID#19-05-25-010084-022-17, containing 2504 square feet of Licensed Premise lying north of County Road
Hwy 218; and Parcel ID# 19-05-25-010121-022-00 containing 2000 square feet of Licensed Premise lying south of
County Road 218 both shown in red polygons all lying in Clay County.
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
— information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does
' not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
— which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
~ 4 V CCUA
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("N CO(iNT Title:
___ Clay County Utility Authority FPL License Agreement Area Map
3176 Old Jennings Road
i Info:
/�� Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features
'a Phone 904 272 5999
C - Gravity Sewer Features
J� 2129/2024,10:35:50 AM - Forced Sewer Features
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�TYAUTN�S Commund Conservation.Commitment 1 inch = 752 feet - Reclaimed Features