Parcel 114RDUE Subordination of Utility Interests (Comcast) PROJECT: 60140 — Kirkwood Alley Storm Water Improvements
Parcel: 114RDUE
Folio: 54510000025 INSTR 5151446 OR 5176 PG 3212
RECORDED 7/22/2015 9:41 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $35.50
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this $-4t day of 70VA , 2015,
by and between COLLIER COUNTY, a political subdivision of the State` of Florida, its
successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the
County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and
COMCAST OF THE SOUTH, INC., successor in interest to FLORIDA CABLEVISION
MANAGEMENT CORP., a Colorado corporation, whose mailing address is 301 Tower Road,
Naples, Florida 34113-8074 (hereinafter referred to as "Utility").
WITNESSETH:
WHEREAS, the Utility has an interest in those certain tracts or parcels of land lying and
being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached
hereto and made a part hereof (hereinafter collectively referred to as the "Property"); and
WHEREAS, the County has determined that this Property is suitable and appropriate for
drainage and utility improvements; and
WHEREAS, the County's proposed use of the Property" for drainage and utility
improvements requires the subordination of the interest in the Property by the Utility to the
County; and
WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of
its facilities within the Property, if necessary; and
WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary
to prevent conflict between the facilities so that the benefits of each may be retained;
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County
hereby agree as follows:
1. The Utility hereby subordinates any and all of its interest in the Property
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
to the interest of the County, its successors and assigns, for the purpose of constructing,
improving, and maintaining drainage and utility improvements over, under, through, upon, and/or
across said Property, including, but not limited to the claim of interest based upon the following:
. .............
NATURE OF ENCUMBRANCE DATE RECORDED
BOOK,PAGE
Plat Book 25
Dedication—LaPorte Commercial Park 9/6/1995 ? Page 60
COMCAST SUBORDINATION OF UTILITIES
2. The Utility shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with
the County's minimum standards for such facilities. Any construction or relocation of facilities
within the Property will be subject to prior approval by the County. If the County requires the
Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give
the Utility 90 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost
of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring
appropriate easements.
3. The Utility shall have a reasonable right to enter upon the Property for the purposes
outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which
may endanger or interfere with such facilities, provided that such rights do not interfere with the
operation and safety of the County's facilities.
4. The Utility shall repair any damage to the County's facilities resulting from the exercise
of its rights as outlined in paragraphs 2 and 3 above.
5. These terms and conditions shall be attached as an addendum to that permit, if any,
required by the County for location of the Utility's facilities within the Property.
6. This Agreement shall be assignable only to the State of Florida for the use and benefit
of the County in connection with the Utility's installation and maintenance described above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER CQUJILLY.r FLORIDA
irj : 'ill Ai' C. BY / e,d .,
�peputy Clerk TIME , Chairman
Attest as to ,ia'i�'r 'S
signature o
Signed, sealed and delivered COMCAST OF THE SOUTH, INC., successor in
in our presence as witnesses: interest to FLORIDA CABLEVISION MANAGEMENT
CORP., a Colorado corporation
By ei. -o.: & &
W NESS S' natu,r i �
( �.i (Signature)
Name: PA V L (2'A�i z, Z ,,,--\,c,, _ vA, ,2,
(Print or Type) (Print Name)
h
WITNESS (Signature) (Title)
Name: /l/(kC k C k__
(Print or Type)
STATE OF ) J 140C/ 6-(..■
COUNTY OF 7.-f.2--------
The f r_egoing Subordination of Utility Interests was cknowledged before me this / day
of 201 by � io C1z jl�l6 c A (Name),
as Z ' ea?.1dYt S (Title), of COMCAST OF THE SOUTH, INC.,
COMCAST SUBORDINATION OF UTILITIES 2
Last Revised 03/20/2013
successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Colorado
corporation, who is personally known to me who has produced
as identification.
(affix notarial seal) ��
(Signature of Notary Public)
ba, or A, S/veltzep
' MYCOMMISSIA O STFF# 13965 ER 9 (Print Name of Notary Public)
�'a EXPIRES:July 8,2018
•S• Badsd ilru Notary Prblk linden/fliers NOTARY PUBLIC
Serial/Commission # (if any) )F /3 467
My Commission Expires: 7 '' 26/Y
Approved as to form and legality:
4/3d/Ls
� A .
Assistant County Attorney
COMCAST SUBORDINATION OF UTILITIES 3
Last Revised 03/20/2013
PROJECT NO. 60140
PROJECT PARCEL NO. 114DUE EXHIBIT ,r
PARENT TRACT FOLIO NO. 54510000025 Page__ ..of.. ,,,,_
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
Eitrt9,1 43-XE r rarai§rs:x'G
r
27,14E. 2 N 17-2QE A'9(r.'6iTi-nE
N THE WEST 40 FEET OF THE
W E NORTH 20 FEET OF LOT 1
LOT 1, LAPORTE
COMMERCIAL PARK
PLAT BOOK 25.PAGE 60
rartd 8SV1.4JE AWN 64,0-C6 t,
LINWOOD AVENUE
._.._. ..._�—_.' Linwood AVE ..-
A PORTION OF LOT 1, LAPORTE COMMERCIAL PARK, AS RECORDED IN PLAT BOOK 25,
PAGE 60, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 40 FEET OF THE NORTH 20 FEET OF SAID LOT 1
CONTAINING 800 SQUARE FEET, MORE OR LESS.
SKETCH NOT TO SCALE
Collier County Growth Management Department-Transportation Engineering Division 04/09/15 8:32 AM