Backup Documents 09/10/2024 Item #16B 1 .ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 613
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office (l(zY
e' t Sl C
2. BCC Office Board of County n G7-1c.
Commissioners 09 ' t (0� `1
3. Minutes and Records Clerk of Court's Office
SAIS ffik/25/
*Please scan under 99999 Proj.No. 541SWE in the BMR Real Property Folder. Thank you.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number 252-5861
Contact/ Department Transportation Engineering-ROW
Agenda Date Item was Agenda Item Number
Approved by the BCC RES 2010-39 02/23/2010 16 B 1
Type of Document Number of Original
Attached Easement Agreement Documents Attached 1
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? RT
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the RT
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. RT N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 02/23/2010 and all changes made during a N/A is not
the meeting have been incorporated in the attached document. The County W
an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the ()V r an option for
Chairman's signature. l/ this line.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16B �
PROJECT: 99999-Miscellaneous
PARCEL: 541SWE
FOLIO: 62851360005
EASEMENT AGREEMENT
THIS AGREEMENT is entered into this"
("Agreement") i Ltl
ay of A''''(-/`'°/ IT 2024, by and between
ERNEST C. MILLER, III and KANDIS K. MILLER, husband and wife, whose mailing address is 11060
Vanderbilt Drive, Naples, FL 34108 (collectively, "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite
800, Naples, FL 34112 (the "County").
Recitals:
A. Owner owns certain real property in Collier County, Florida, commonly known as 11060
Vanderbilt Drive, Naples, FL 34108.
B. The County desires to obtain a perpetual non-exclusive Sidewalk Easement (the "Easement")
over, under, upon and across a portion of the Owner's property as described in Exhibit "A" attached hereto
(the"Property").
C. Owner recognizes the benefit and desires to convey the Easement to the County for the
purposes and on the terms and conditions set forth herein, said terms including that no monetary compensation
shall be due and payable by the County.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. AGREEMENT TO CONVEY. Owner hereby agrees to convey, and the County hereby agrees to
accept the Easement on the terms and conditions set forth in this Agreement.
2. PURPOSE OF EASEMENT. The Easement shall be for Sidewalk Easement purposes and
includes the right to enter upon the Easement to a) construct, operate, maintain, repair, replace and remove,
at County's sole discretion; and b) place, excavate, use, store, plant, remove and dispose of soil, trees,
landscaping, and other materials and improvements, including the removal and disposal of any and all
property, real and/or personal, not owned by the County to the extent it interferes with the County's rights under
the easement, without liability to the owner of such property; all as deemed necessary or appropriate from time
to time by the County.
3. CLOSING DATE. Owner's conveyance of the Easement to the County (the"Closing")shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS
OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering
Division, 2885 Horseshoe Drive South, Naples, Florida 34104.
4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Owner shall deliver the following documents to the County, properly executed and in a form approved by the
Collier County Attorney's Office (the"Closing Documents"):
(a) Sidewalk Easement instrument;
(b) Affidavit of Title;
(c) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Owner to execute and deliver this Agreement and the Closing Documents;
1
16By
(d) Satisfaction, Partial Release, or Subordination from the holder of each mortgage open of record
encumbering the Property;
(e) Termination, Partial Release, or Subordination of any leases or rental agreements that encumber
the Property;
(f) Termination or Subordination of any existing easement that encumbers the Property, if required
by the County;
(g) and
(h) Such other documents as the County or title company deems necessary or appropriate to clear
title to the Easement.
Following the Closing, Owner shall execute any and all additional documents as may be requested by the
County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
5. CLOSING COSTS.
A. County's Closing Costs. At Closing, the County shall pay (i) the recording fees to record the
conveyance instruments and any curative instruments required to clear title; and (ii) the cost of an owner's
policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable
costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the
delivery of properly executed Satisfaction, Releases, Terminations, or Subordinations of any liens open of
record encumbering the Property. The County shall have sole discretion as to what constitutes "reasonable
costs and/or processing fees."
B. Owner's Closing Costs. At Closing, Owner shall pay all taxes and assessments that are due
and payable.
6. GENERAL PROVISIONS.
A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
E. Severability. If any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
F. Governing Law; Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
2
9U
16B1
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
Date: +, '/).(/; / , 2024 OWNER:
(7 /
E EST C. LLER III
7F---
4(CUkitt/G' CKt )14 tffi/01
KANDIS K. MILLER
Date: +!-)'• I 0 ,2024 COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court&Comptroller COLLIER C N , FLORIDA
r
j
By: 'iV,/ ., ' }C.- By:
'eptity Clerk Attest as to Chairman's CH ALL, Chairperson
signature only.
0ro A d as to for a egality:
illi ti
(11/17jr
DEREK D. PERRY, ESQ.
Assistant County Attorney
li
RCS_ Zo 10 —3 1 ‘\,L
°\\5\1/
Last Revised 2/23/23
3
16 a1
TE-ROW 6/20/24 541 SWE " EXHIBIT"A"
' THIS IS NOT A SURVEY *** Page of
PROPERTY ADDRESS: 11060 VANDERBILT DRIVE.
A PORTION OF SECTION 28 .PAIN 18S,RNG 25F
PARCEL No.62851360005
(`
111TH AVENUE
BLUEBILL AVE
P.O.C.
Li—NA'''.
i S 89'47'30' W _ _ _ .._
P.�.B. -2 177.23'
10' SPECIAL WARRANTY DEED OR 105, PG 54
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Fc , 3 BLOCK 80 0 0
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LEGEND: LINE BEARING DISTANCE
L1 S 01'55'50" E 10.00' GRAPHIC SCALE
P.O.B. - POINT OF BEGINNING L2 N 89'47'30" E 4.70' 0 15 30 6p
P.O.C. - POINT OF COMMENCEMENT L3 S 46'59'38" W 6.23' I I
L4 N O1'55'50" W_ 4.24' 1 inch 30 ft.
°00000000000/000000
oo°° o...0000000. °b I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
" e �'0 ° MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
0 00) 6667 ee�c l$ PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
o* o a 'A'$ ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
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\ oot0° 0o00 0° MARK O. McLEARY, PSM000o0p000000000 FLORIDA REGISTRATION No. 6557 LLI �,
FOR COWER COUNTY � /,(//v// 6/lz
�""DATE SIGNED: `�
BOARD OF COUNTY COMMISSIONERS TITLE: III
COLLIER COUNTY, FLORIDA
TRANSPORTATION ENGINEERING DIVISION PROPERTY ADDRESS: 11060 VANDI:RIIII,I I)RIVL.
UM S01111 NOR9RSl10R DRFR _--
RAPIiM.rl IK=34:04(2311)26:-$1161 DATE I PROJ No. 'SHEET 1 of 2 !ALE: ,.
1 6 B 1
541 SWE EXHIBIT"A"
. • THIS IS NOT A SURVEY ••• Page 2 of 2
PROPERTY ADDRESS: 11060 VANDERBILT DRIVE
A PORTION OF SECTION 28 ,TWN 48S,RNG 25E
PARCEL No.62851360005
DESCRIPTION
A PORTION OF LOT 27, BLCOK 80 UNIT No.6, NAPLES PARK, PB 3 PG 15,
COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING THE NORTHWEST CORNER OF SAID LOT 27, S 01'55'50" E ALONG THE WESTERN SAID LOT
A DISTANCE OF 10' ; TO THE POINT OF BEGINNING;
THENCE N 89°47'30" E ALONG THE SOUTHERN LINE OF THE SPECIAL WARRANTY DEED AS RECORDED IN
THE OFFICIAAL RECORDS BOOK 106 PAGE 54 A DISTANCE OF 4.70' ;
THENCE S 46°59'38" W A DISTANCE OF 6.23' TO THE WESTERN LINE OF SAID LOT.
THENCE N 01°55'50" W ALONG THE WESTERN SAID LOT A DISTANCE OF 4.24' ;
TO THE POINT OF BEGINNING, CONTAING AN AREA OF 9.99 SQUARE FEET, 0.00022 ACRES
°°0000000000o0
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oii NI:,, STATE OF a oMEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
0o o° o PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
00 \�notoPo°°� q qADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
°°°00 8Ic+ '.'�atS1�`gggq MARK D. McCLEARY, PSM
°Q°°0p"olo/oo��p0°o°° FLORIDA REGISTRATION No. 6557 ,,ll �� �/J
FOR COLLIER COUNTY `�;��' {// /',Li1
DATE SIGNED: '� �f T
BOARD OF COUNTY COMMISSIONERS TITLE:
COLLIER COUNTY, FLORIDA
TRANSPORTATION ENGINEERING DIV:SION PROPERLY ADDRESS: 11060 VANDERl3II.I.DRIVE
28E5 XOCRI NOBS/MOE DRIVE ---
NAPLES.FLORIDA 34104(2]R SHEET 2 of 2 FILE:
)252 2102 DATE I PROJ No. `ry '
1SB1.
INSTR 6594270 OR 6399 PG 1022
RECORDED 9/18/2024 9:59 AM PAGES 3
PROJECT:Allegro at Hacienda Lakes CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
This instrument prepared by: R E C$27 00
W.Terry Costolo,Esq.
Nelson Mullins Riley&Scarborough LLP
390 N.Orange Avenue,Suite 1400
Orlando,FL 32828
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT,entered into this )14 day ofilt ,2024,by and between COLLIER COUNTY,apolitical
subdivision of the State of Florida,hereinafter called the"County",and CENTURY LINK OF FLORIDA,INC.,a Florida
corporation,whose mailing address is 100 CenturyLink Drive,Monroe,LA 71203,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,,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
Ten Foot Public Utility Easement 1/18/2024 Plat Book 74,Page 16
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.
4855-2611-4501 v.5 059397/00012
1 6 B 1
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written.
ATTEST: BOARD OF COUNTY COMNIISSIONERS
CRYST N7E1;'( rk of the COLLIE ,FLO DA
C. • &Coniediler7_
BY:
LA.... ,CHA
Att t 5 g airman. wXClerk Address:J 2.1 9 pit41 t/irt t TKl-Lr
signs � � � aoo, �aP�Es F� z
3��e -
ddres ,• e`z 1r- al i 1 2-
Signed,sealed and delivered CENTURY LINK OF FLORIDA,INC.,
in the presenc f: a Florida corporation
By: By: LAM^.
Network ROW,MS
%14...40.-•°44
'r Shaun Giesler,Manager
Print Name: �0 P e�p'tI
Addr‘s;: {r *`V" 1 w Zo 31717
By
Print Name:?N1u ip Cc 12 a &.
Address: 33 Al. NtAllY 6T
L✓'NTal a/4 RDA FL 3,47F7
loecdM
STATE OF O
COUNTY OF firiG
I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared
Shaun Giesler,by means of Zhysical presence or 0 online notarization,to me known and personally known to me to be
thh and
ent as
Link
ofeFlorida,Incrson .,and acknowlbed in,and ld not take an edged before met that he exec executed tho executed e same aso ugch official in theer ��behalf of said
Corporation.
WITNESS my hand and official seal in the County and State aforesaid this i day of .141V 2024.
(affix notarial seal) (` , P J i t�
(Signature of Not lic)
jlc1Oelk Sc,g•artng. LiCl►Gi.
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
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C AS.BUCHER 1
A CommissionlHHos1115
f Wombs(25,2024
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c(A). Qen/41
Assistant County Attorney
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4855-2611-4501 v.5059397/00012
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INSTR 6594271 OR 6399 PG 1025
RECORDED 9/18/2024 9.59 AM PAGES 4
PROJECT: Allegro at Hacienda Lakes CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
This instrument prepared by: REC$35.50
W.Terry Costolo,Esq.
Nelson Mullins Riley& Scarborough LLP
390 N.Orange Avenue, Suite 1400
Orlando,FL 32828
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT,entered into this l2 day of J ,2024,by and between COLLIER COUNTY,a political
subdivision of the State of Florida, hereinafter called the"County", and BLUE STREAM COMMUNICATIONS,LLC,a
Delaware limited liability company, whose mailing address is 12409 NW 35th Street, Coral Springs, FL 33065, 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
Ten Foot Public Utility Easement 1/18/2024 Plat Book 74, Page 16
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
4891-6165-9333 v.2 059397/00012
1 6 B 1
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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL,Clerk of the COLLIER COUNTY,FLORIDA
Circuit &Cpmptrpller
`' � "p--� BY:
, '! 1�,BBputy Clerk CM 3 t 1.4— ,CHAI MAN
y•*pr.-,{ •," attest as to Chairm is Address: 3 z 4 t E. TRrtt an% rnet_ . #gco
r tb,� n fv4.P t,fS f — Sy t t -
Address � � �c
Signed,sealed and delivered BLUE STREAM COMMUNICATIONS,LLC
in the presence of: a Delaware limited liability company
By: Ni By: (c2 ,ofr..-,-.4 Cad
Title: —5-4//0 isergt KC'e-
Print Name: l Print Name: Or(4 .,Iv Ravi
Address: Address: /2-1/o g Altel 55-0-j4-«-f'
Ce e.v(J/pri.vS ,r/- 3 5 v(Corp65-
. Seal)
By:
Print Na �Gl
Addres : W
COl%k war Is, 5
2
4891-6165-9333 V.2 059397/00012
STATE OF ►r /A ,
COUNTY OF liVaiM
I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared
Orle,(00 P.io S , by means of physical presence or❑ online notarization,to me known and personall , .own to
me to be the person described in,and did not take an oath and who executed the foregoing instrument as th-,If i! 4. Blue
Stream Communications, LLC, 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 thisl2-day°J ne ,2024.
(affix notarial seal) —s
( ign ture of Notary Public)
tN Dla .a QITlci
o":..,. NANCY BLAKE KANTOR (Print Name df Notary Public)
'''' '+ Commission#HH 183952
*: loud
+ 4 ,, Expires October 9,2025 .�-} Z_
•FOFFo Serial/Commission#(if any): t. 3�
My Commission Expires: 10 jG J2...07-5
A.
--\/-.-----
DE-E'-- > . Pe7.�-
Assistant County Attorney
3
4891-6165-9333 V.2 059397/00012
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INSTR 6594272 OR 6399 PG 1029
RECORDED 9/18/2024 9:59 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PROJECT: SU1 5867 EKOS Allegro COLLIER COOUNTY FLORIDA
This instrument prepared by:
Cameron Crenshaw
Florida Power&Light Company
Corporate Real Estate
700 Universe Blvd.
Juno Beach,FL 33408
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this 29th day of January,2024,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
Underground Easement(Business) 2/20/2014 OR 5010 PG 833
The County and the Utility further agree that:
i
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,
1;6 B 1
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
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Cou'rt�& Com ptrier
ti BY:
Attes ru{ ire , , ,=Deputy Clerk CM AU.c— , CHA N
signature only. Address: 31i t TM r 1-rt TK.C. 1 -Itdo
Al4rcEs Ft.- 3
Address: i it'ir\—
E.�►� cs ,rl,. . 3 ({`L
Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY
in the presence of:
111/
By: / By:
Title: -Corporate Real Estate Manager
Print Name TO Print Name: Cameron Crenshaw
Address: • ,e 1 • a - S> Address: 1777 Tamiami Trail, Suite 501
Port Charlotte,FL 33948
:
z
Print Name: /' 01-49
Address: Ov CarlaNIN lawrj,
STATE OF FLORIDA,
COUNTY OFC' Urt.c}-1-€.
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally
appeared(t, means of physical presence or❑ online notarization,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
Corporate 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 thisaiday of.3601 ,2024.
(affix notarial seal) 41/32.110k(A— \AUdebnzg.
(Signature of Notary Public)
asx'wam�
ROSALEE GUERRERO (Print Name of Notary Public)
:•
ka
€*; :
i
* MY CON1MISSION;�Nli 10"I301
? oQ EXPIRES:March 22,2025 Serial/Commission #(if any): �t(l'a)
c; Fes..
My Commission Expires:'l .a. I as
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16B1
INSTR 6594273 OR 6399 PG 1032
RECORDED 9/18/2024 9:59 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$27.00
PROJECT:Allegro at Hacienda Lakes
This instrument prepared by:
W.Teny Costolo,Esq.
Nelson Mullins Riley&Scarborough LLP
390 N.Orange Avenue,Suite 1400
Orlando,FL 32828
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this 21 day of w L1 , 2024, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and
HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT,whose mailing address is do Real
Estate Econometrics,Inc. 707 Orchid Drive, Suite 100,Naples,Florida 34102,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
Twenty Foot Landscape Buffer Easement— 1/18/2024 Plat Book 74,Page 16
Rattlesnake Hammock
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
c„rrent minimum standards for such facilities as of the date of this agreement. Any
16B1
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.
ATTEST:
CRYSTAL K.KINZEL, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS
Court& m oller COLLIER CO ,FLORIDA
BY: � ` ° � . � BY:
At'tes •s t0 airman. ,Deputy Clerk C'-i 5 1114 L.L 1 CHAI N
P. r
!'Ai astir
e
Adddress:ess:< � ��E✓O�� f�l Address: 3 Z q 1 E • 'r14 wl I(let t Tg•
3 • .' 2
Signed, sealed and delivered HACIENDA LAKES COMMUNITY
In the presence of: DEVELOPMENT DISTRICT
By: °Vil S��11M-L By:
Print Name:r-t\\ ��Miro f Title: C,0 0 CPR it_
Address: tb (\C.Occ LAN Print Name: v .i-J-k
INO5 V L "S(-t 11b Address: 9Z (.J" -Cc 4".
cL Sq-1 (
By: AteA , (Corp. Seal)
Print Name: c4cltita✓l?p
Address: qco li vow 604' Hacienda Lakes Community
Nu yI ,„/ CC- ?�f i t t Development District
'l Collier County,Florida
Established September 19,2012
STATE OF Fio r' d COUNTY OF Co I\ier
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared Rc her t Z.My 1 kJ r e. ,by means of r[�physical presence or❑ online notarization,to
me known an ersonally_known fo mto be the person described in, and did not take an oath and who
executed the foregoing instrument as the CCD Chair of Hacienda Lakes Community Development District,
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 Q°I day of
j ,2024.
(affix notarial seal) k' 00 `j'
16B1
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