Loading...
Parcel 114DUE Subordination of Utility Interests (FPL) INSTR 5205270 OR 5222 PG 2333 RECORDED 12/10/2015 4:32 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 PROJECT: 60140—Kirkwood Alley Storm Water Improvements This instrument prepared by: - ARK G. /5/al Florida Power&Light Company P.O.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this 1\+� day of t30 `1p r,2015, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called"Utility". WITNESSETH: WHEREAS,the Utility presently has an interest in certain land that has been determined necessary for drainage and utility improvements; and WHEREAS, the proposed use of this land for drainage and utility improvements will require subordination of the interest claimed in such land by Utility to the County;and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the drainage and utility easement if necessary to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities, if any, from or within the entire width of the drainage and utility easement shown on Exhibit"A",attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating drainage and utilities over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Dedication—LaPorte Commercial Park 9/6/1995 Plat Book 25,Page 60 The County and the Utility further agree that: 1. "Drainage and Utility Easement", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for drainage and utility,as described in Exhibit "A",attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the drainage and utility easement described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the easement area will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities, if any. In addition, the Utility retains the right to be reimbursed, either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the drainage and utility easement described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the drainage and utility easement by the County or its assigns,including,but not limited to,the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees,brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate,maintain, improve, add to,upgrade or remove its facilities on the said drainage and utility easement. 6. This Agreement shall not be assigned by the County except to the State of Florida. 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 C JJNTY,F RIDA I A . /+i..0/ A? . BY oG-�--c Attest as to=a 11 �}P C1prk TIM NANCE,CHAIRMAN signature only. Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: By: AA . A By:�y �/ �J / Title: West Area Real Esta anager Print Name: /..41/../-ar)/1 . L , !'e- Print Name: Mark L.Byers By: ('&-46616. ' �.,,t t t 1 0a44-i". Print Name: AN/C11 T7-5 A • V4AM/ (Corp.Seal) STATE OF FLORIDA,COUNTY OF SARASOTA I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power&Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this I'day of N 3✓Em4 2015. (affix notarial seal) d," • (:$ .ture of Notary Public) "P"'...%4;\ LILLIAN M COLE � G / ✓J /vl• 6,r `-e- ' ' MY COM ION#FF060669 ( rant Name of Notary Public) EXPAPA October 7,2017 (k07 Serial/Commission#(if any): My Commission Expires: App ived as tc form and legality: ,r1—= THIS CONVEYANCE ACCEPTED BY:THE 4&111111e BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA PURSUANT TO THE PROVISIONS ��o" " �� - 5�'o i OF RESOLUTION NO.2010-39 Assistant County Attorney 2 FPL Subordination Agreement Last revised:03/20/2013 EXHIBIT._.- Page_._._._of AERIAL PHOTO SHOWING PROPOSED DRAINAGE EASEMENT Parcel 114DUE f i. , i :_._,_.....:_fir. .....,,m,,.t�.� i �„. r f ill III I [ ; ......, . 4,.... , , i -4,,i . . . . - - - i , ; ....i #., ---..e, ....!„-- ,mac« .. ._ ,- -.,,„7"4 ,,,'1'4 . , i ,..„,,,K,.,i--1 4 ;,.. I 1 t44�..,^ trl Alb t x oP 0 '. - { r i sod . f 1 a � •411411‘+. � e u _ is j Or 1 1 a t Ur;s III f t EASEMENT DESCRIPTION: The West 40 feet of the North 20 feet of Lot 1,of LaPorte Commercial Park, as recorded in Plat Book 25, Page 60, in the public records of Collier County, Florida.