Parcel 134RDUE INSTR
59
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PROJECT: CTS—Siena Lakes RECORDED 6023583/ OR 21 1 PG M PAGES 3/23/2021 11:09 AM PAGES 3
Parcel: 134RDUE CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Folio: Portion of 00235480000 COLLIER COUNTY FLORIDA
REC$27.00
This instrument prepared by:
Florida Power&Light Company
P.O.Box 1119
Sarasota,FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
kh �yy� _ '_
THIS AGREEMENT,entered into this IZday of f fl 2021,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".
WITNESETH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway
purposes; and
WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed
in such lands by Utility to the County;and
WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-
way 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 from or within the entire width of the public right-of-way 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 a road over,through,upon,and/or across such lands,based on the following:
NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE
FPL Easement 7-17-2018 OR 5533 PG 2923
The County and the Utility further agree that:
1. "Public right-of-way", 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 public right-of-way,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 public right-of-way 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 public right-of-way will be subject to prior approval by the County.
3. The County shall pay for the relocation of existing facilities.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 public right-of-way described in Exhibit"A", if such relocation or adjustment is caused by present or future uses
of the right-of-way 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 ensure 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 public right-of-way.
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.
A 1"1'EST: ' ''"lr',- BOARD OF 0 I TY COMMISSIONERS
CRYSTAL IC KINZEL,Clerk of the COLLIER O? ,FLORID
Circuit Court
&Comptroller
bOktkl LL—�m1anePuer
BY:
Attest as t0 k PENNY TAYLafetAeg
,CHAIRPERSON
signature only.
Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY
in the presence of:
By: ByC_ Y .
Title: Are Real Estate Mana er
Print Name: i P:,Ste+ g4 ( Print Name: Peter K. Ramsey
By:
Print Name: .1)*}UL -?1 frLrNCJ (Corp. Seal)
STATE OF FLORIDA, COUNTY OF SARASOTA
I hereby ertify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared
by means of physical presence or❑ online notarization Peter K. Ramsey,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 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 thisl day of li Qrd ,2021.
(affix notarial seal) /jar„i iSaf2L44444.,
( ignature of Notary Public)
L
,� r,,, STACY B. WINNUBST gtmcyB.Winnubst
Notary Public-State of Florida. *E Commission*GG 341822'`` My Commission Expires (Print Name of Notary Public)
"'� tip„��`' ,1un•off,
.00
202�
— __as Serial/Commission# (if any):( 3iti`6 22--
My Commission Expires:J'Ant LA, 2O23
Approved as to form and legality:
Jennifer A. Belpedio 3�
Assistant County Attorney
2
FPL Subordination Agreement
Last revised:03/2o/20i3
3
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1
PROJECT: CTS- Siena Lakes
PARCEL: 134RDUE
FOLIO: Portion of 00235480000
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this 3074 day of M 14QCi{
202 , 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 CABLE COMMUNICATIONS MANAGEMENT, LLC, a
Delaware limited liability company, 7201 North Federal Highway, Boca Raton, FL 33487,
Attn:Xfinity Communities, it successors and assigns(hereinafter referred to as"Utility").
WITNESSETH:
WHEREAS, the Utility has an interest in that certain tract or parcel 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 referred to as the"Property"): and
WHEREAS, the County has determined that this Property is suitable and
appropriate for road right of way,sidewalk,utility,drainage and maintenance purposes;and
WHEREAS, the County's proposed use of the Property for road right of way,
sidewalk,utility,drainage and maintenance 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, maintaining and operating road right of way, sidewalk, utility, drainage and
maintenance 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
Grant of Easement 02/08/2020 OR Book 5888,Page 2227
;A
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 COU MMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER C TY, FL I iR
BY: J/
, Deputy Clerk
Rick LoCastro, Chairman
Signed,sealed and delivered COMCAST CABLE COMMUNICATIONS
in our presence as witnesses: MANAGEMENT, LLC,
rr a Delaware limited liability company
By: COMCAST CABLE COMMUNICATIONS,
VVVWWWTNESS (Signature) LLC,
a Delaware limited liability company, its
Name:SA�C't'�e EiU?�ve -o Manager/Member
(Print Type) By: COMCAST HOLDINGS CORPORATION,
a Pennsylvania corporation, its
Manager/Member
W ESS ( atur
•
Name: "" C� ( ` e
N�U P
(Print or Type) (Title)
ATTEST: ..
CR AL K KINZEL, RK
P<, •
eputy Clerk
Attest as to Chairman's
I signature only
COMCAST SUBORDINATION OF UTILITIES 2
Last Revised 05/28/2020
STATE OF q,��4 CtPr
COUNTY OF _N____t3 � ("--
The for oin Subordination of Utility Interests was acknowledged before me by
means of physica
o ,l, ' l presence or D onli e ngtarization this �01`%' day
f 2023, by f'L .___ (Name), as
t S VP (Title), of COMCAST HOLDINGS, INC., a
Pe nsylvania corporation, as Manager/Member of COMCAST CABLE
COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager/Member of
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware limited
liability company, on behalf of the corporation, who is personally known to me or who has
produced as identification.
.---r ,
(affix notarial seal) \
(Si ture of Not Public)
Y'o� THERESA LYNN MARTIN ,
`�1' Notary Public-State of Florida //t!�C(i`Q, (IN\ �/�"i t
` 1- . Commission#HH 323820 l` L7 I
` �dF My Comm.Expires Feb fa,2027 (Print Name of Not ry Public)
Bonded through National Notary Assn• Serial/Commission#(if any): _
My Commission Expires:
Ap ved as to form and legality:
p
Oiab -r--
beVell... b. PEscA.y li
join;n;far A Kelp �`
Assistant County Attorney �`a
•COMCAST SUBORDINATION OF UTILITIES 3 '»' / NO
Last Revised 05/28/2020 VL S' 0
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