Backup Documents 06/14-15/2011 Item #16A19
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Name of Primary Staff Tessie Sillery Phone Number 239-252-5840
Contact
Agenda Date Item was June 14,2011 Agenda Item Number 16AI9
Approved by the BCC
Type of Document Underground Facilities Conversion Number of Original 2
Attached Agreement Documents Attached
6. Minutes and Records
Clerk of Court's Office
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16 A 19
MEMORANDUM
Date:
June 29, 2011
To:
Tessie Sillery, Operations Coordinator
Transportation! A TM
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Underground Facilities Conversion Agreement w/Comcast
Attached for your record is an original of the item referenced above, (Agenda
Item #16A19) adopted by the Board of County Commissioners June 14, 2011.
The Recording Department will send you a copy of the recorded document.
If you have any questions, please call me at 252-8411.
Thank you.
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UNDERGROUND FACILITIES
CONVERSION AGREEMENT
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This Agreement is made and entered into this - ) '1 day of.-::r ~ nt , 20 ,t , by and between
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI., ("Board") and COM CAST OF
THE SOUTH, INC. ("Comcast"), a Colorado corporation with an address of 12641 Corporate Lakes Dr, Fort
Myers, FL, 33913.
WHEREAS, pursuant to Ordinance 2001-43, as amended, the Board created the Vanderbilt Beach Beautification
Municipal Service Taxing Unit ("MSTU") for the purpose of beautifying public areas within the boundaries of
the MSTU.
WHEREAS, the MSTU seeks to beautify Gulfshore Drive from Vanderbilt Beach Road to Illth Avenue and
adjoining side-streets Seabreeze A venue, Channel Drive, and Bayview A venue by having cable and other utility
lines including Florida Power & Light Utility poles, moved from aboveground to underground.
WHEREAS, pursuant to the MSTU's request, the Board now requests and has agreed to reimburse Comcast for
its costs to convert certain of its overhead cable distribution facilities attached to Florida Power & Light ("FPL")
utility poles located on Gulfshore Drive from Vanderbilt Beach Road to III th A venue and adjoining side-streets
Seabreeze A venue, Channel Drive, and Bayview A venue, as more specifically described as Phase I as depicted
in Exhibit "A", attached hereto (the "Conversion" and collectively the "Existing Overhead Facilities") to
underground.
NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth
herein, and other consideration the sufficiency of which is hereby acknowledged, the parties intending to be
legally bound, hereby covenant and agree as follows:
I. Comcast has provided the Board an estimate for the Conversion in the amount of $331, 351.25.
2. The Board hereby agrees to pay Comcast its costs for the Conversion in the amount of $331 ,351.25 as
provided in paragraph 3 and 4 hereof ("the, Payment").
3. The Board shall issue ninety (90) percent ($298,216.00) of the Payment to Comcast prior to Comcast's
commencement of the Conversion. After the Payment is received and FPL has converted its
aboveground facilities to underground, Comcast will remove the Existing Overhead Facilities from FPL
poles and convert them to underground, except for equipment or facilities necessary to maintain the
underground facilities, after FPL notifies Comcast in writing that it has converted its facilities to
underground. After the removal of Comcast's Existing Overhead Facilities and conversion to
underground, the Board shall issue the remaining ten (10) percent ($33,135.25) of the Payment to
Com cast.
4. In the event the actual cost of the Conversion exceeds the estimate, Comcast shall notify the Board in
writing of the excess amount (if any) and the Board shall remit payment to Comcast of such excess
amount within 30 days of its receipt of said notice from Com cast pursuant to an addendum.
Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement
and any permit or franchise agreement entered into by the County and Comcast, the terms of this Agreement shall
control.
IN WITNESS WHEREOF, the Board and Comcast have executed this Agreement on the date first set
forth above.
INSTR 4579807 OR 4696 PG 591
RECORDED 6/29/2011 10:00 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $27.00
BOARD OF COMMISSONERS OF
COLLIER COUNTY, FL.
S;gned '1uJ.- W. ~
Name RE.\) W. CO'lLE
Title C" A \ {Lw.. A t4
Attest:
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Signed
Name
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Title
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COM CAST OF THE SOUTH, INC.
Signed ~
Name D~J /VII.. mill.,. .
Title S~"i" V/~.. ""'".1,1.,. t
EXHIBIT A
PROJECT PHASING MAP
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DRAWN BY: DARRYL RICHARD, MSTU PROJECT MANAGER, ATM DEPARTMENT; DATE: 02-07-11