Project #90000-198FEE INSTR 6634881 OR 6431 PG 3839
RECORDED 1/21/2025 4:25 PM PAGES 3
PROJECT: Cadenza at Hacienda Lakes CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$27.00
This instrument prepared by:
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 �� day of , 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 Book 5010,Page 833
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.
4869-2389-2812 v.5 059397/00031
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. KINZ Clerk of the COLLIER COUNTY,FLORIDA
Circuit Court&T 3 l't 'tiler
/ BY' . CLC• --
11111111° , Deputy Clerk
p Burt L. Saunders ,CHAIRMAN
Address: 3 Z 11 Tam a 4 1( -net_ E overt.
Attest as•toChairman's`d NePcEs r Fd— 3 yli�—
,' signature
Address: r only
Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY
in th)r ce o£
a,a C\,..._
71-
By: ei, �"� c _ 614 By:
itle: Corporate Rea state anager
Print Name: 19400 COCHRAN BLVD 156 Print Name:
Address: PORT CHARLOTTT FL 3394i Address:,��/ 7 7 /A.- /,-...: / J1f.5Uy
..„ , Gs^ (Corp. Seal)
By: -hiJ <
THE UPS STORE#7614
Print Namg•
Address: I 150
PORT CHARL0131.- FL 33948
STATE OF FLORIDA,
COUNTY OF Char(O-k-+'e,
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally
appearec arercf\ Crengfatimeans of Xi 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 thisaSday of RA5 ,2024.
(affix notarial seal) ‘-INWSLAGt17/71
.d.... (Signature of Notary Public)
49;‘-; ROSALEE GUERRERO
*: ; :* MY COMMISSION#HH 107301 ��'L a kne{rvcD
` '7`'P" EXPIRES:March 22,2025 (Print Name of Notary Public)
•°F'F,O
Serial/Commission#(if any) H tO W(
My Commission Expires:D'2j aa.Baas
A r ed to TI legality:
1,Ftt 4<- D• Pen-ti—t.
Assistant County Attorney
2
4869-2389-2812 v.5 059397/0003i
Exhibit A—Legal Description for Right of Way—Cadenza at Hacienda Lakes
Cadenza Right of Way Compensation Area—Owned by Hacienda Lakes of Naples, LLC
BEING A POR 770N OF TRACT A, CADENZA AT HACIENDA LAKES
OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 74, PAGES 16 THROUGH 20 (INCLUSIVE) OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF TRACT A, CADENZA
A T HACIENDA LAKES OF NAPLES, ACCORDING TO THE PLA T
THEREOF AS RECORDED IN PLAT BOOK 74, PAGES 16 THROUGH
20 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE SOUTH 01 o1'15" WEST ALONG THE EAST
BOUNDARY LINE OF SAID TRACT A, A DISTANCE OF 10.02
FEET, THENCE SOUTH 87'37'31" WEST LEA V/NG THE SAID EAST
BOUNDARY LINE OF TRACT "A.; A DISTANCE OF 270.55 FEET TO
A PRINT ON THE WEST BOUNDARY LINE OF SAID TRACT A
THENCE NORTH 01,71'15"EAST ALONG THE SAID WEST
BOUNDARY LINE OF SAID TRACT A; A DISTANCE OF 10.01 I-LET
TO THE NORTHY+EST CORNER OF SAID TRACT A THENCE
NORTH 8737'31" EAST, ALONG THE NORTH BOUNDARY LINE OF
SAID TRACT 74", A DISTANCE OF 270.55 FEET TO THE POINT OF
BEGINNING,
3
4869-2389-2812 v.5 059397/00031
INSTR 6634882 OR 6431 PG 3842
RECORDED 1/21/2025 4:25 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$27.00
PROJECT: Cadenza 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 3o day of D.4.4,.. , 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
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.
Cadenza
4871-5416-6483 v.1 059397/00031
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&Cgmbpail COLLIER COUNTY,FLORIDA
4,24 /440A414all
BY: 'r.. BY:
.1 eputy Clerk Burt L. Saunders CHAIRMAN
tfigsts to.Chairman's
it A
Address: ^ Signature only Address: 3 2 4'1 Tolon t i rn k T✓tc. E oco
/JA+• 6b J./aPcFs , Fc. 314t1Z
Signed, sealed and delivered HACIENDA LAKES COMMUNITY
In the presence of: DEVELOPMENT DISTRICT
By: �k41 — By: _
Print Name: E\1.V\ SU.MCNJ3 Title: C7Q�C//✓t/r'C�
Address: l6 �&Oce 1 Print Name: 'I 20 ei l-- -�^ /� li oc
fA04..) ' L 'b LktLb Address: ?. D 0-4_‘..J S►.�Ee :�>
)4.,. L 3 1G//v
By:,,(4x W-.O VIM-0 (Corp. Seal)
Print Name: gefam se Kae
Address: (is() evrber 1.0000 Hacienda Lakes Community
Poo
P1 U�. ! Ft, � Development District
� (� Collier County,Florida
Established September 19,2012
STATE OF Flo r i d '-
COUNTY OF Ca i k c e_r
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared t's3 ber1-J.(M v I n�:� ,by means of El'physical presence or❑online notarization,to
me known and ersonally known to meO to be the person described in, and did not take an oath and who
executed the foregoing instrument as the Cc b ChAi r 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 a°I day of
Z"�t ,2024.
(affix notarial seal) a U ` '
Notary Public_mow_ _ _ , J
t
Print Name: e�rah K. r1q O ��
DEBORAH K.D'ANGOLA I V
?! �,,�.��`- Notary Public-State of Florida
=3 ,L"`.< Commission M HH 219413 Serial/Commission#(if any):
'••:r„?. My Comm.Expires Jan 23,2026
Bonded through National Notary Assn. My Commission Expires: -J-ci r,• a 3 cal/a to
Approved as to form and legality:
b 6
Assistant County Attorney
2
Cadenza
4871-5416-6483 v.1 059397/00031
EXHIBIT A-LEGAL DESCRIPTION
BEING A PORT/ON OF TRACT A, CADENZA AT HACIENDA LAKES
OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 74, PAGES 16 THROUGH 20 (INCL US!VE) OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PART7CULARL Y DESCRIBED AS FOLLOWS:
BEGINNING A T THE NORTHEAST CORNER OF TRACT A, CADENZA
AT HACIENDA LAKES OF NAPLES, ACCORD/NC TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 74, PAGES 16 THROUGH
20 (INCL USI VE) OF T1-1£ PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE SOUTH 01'01'15" WEST ALONG THE EAST
BOUNDARY LINE OF SAID TRACT A" A DISTANCE OF 10.02
FEET; THENCE SOUTH 87 3731" WEST LEAVING THE SAID EAST
BOUNDARY LINE OF TRACT A; A DISTANCE OF 270.55 FEET TO
A POINT ON THE WEST BOUNDARY LINE OF SAID TRACT A
THENCE NORTH 01'01'15" EAST ALONG THE SAID WEST
BOUNDARY LINE OF SAID TRACT A" A DISTANCE OF 10.01 FEET
TO THE NORTHWEST CORNER OF SAID TRACT A" THENCE
NORTH 87;3731" EAST, ALONG THE NORTH BOUNDARY LINE OF
SAID TRACT A ; A DISTANCE OF 270.55 FEET TO THE POINT OF
RFG/NNING,
Cadenza
4871-5416-6483 v.1 059397/00031
INSTR 6634879 OR 6431 PG 3833
RECORDED 1/21/2025 4:25 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PROJECT:Cadenza at Hacienda Lakes COLLIER COUNTY FLORIDA
REC$27.00
This instrument prepared by:
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 aV day of j2y4LNAL4 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 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. I ZEL,Clerk of the COLLIER COUNTY,FLORIDA
Circuit u" "iitft,ller
`.. BY: . 1iy —
, ,Deptuty Clerk Bu L. sun CG
ders ,CHAIRMAN
� Address: 3 Ziff TAftOM t Txc- 6 418ao
Attest as to Chairman's
si n to �nnly ,(/QPt,Es, fc� a'il12—
Address: ,,. 9
proved as to form and legality
0
Assistant County
Y
Signed, sealed and delivered BLUE STREAM COMMUNICATIONS,LLC
in the pr e ce of: a Delaware limited liability company
By: By: k:l...?....-1
Title:Print Name: Philip J Kantor Print
Address: 12409 SW 35th ST Address: 12409 SW 35th ST
Coral Springs,FL 33065 Coral Springs,FL 33065
(Corp. Seal)
By: t\..)0tx _______
Print Name:Nancy Kantor
Address: 12409 SW 35th ST
Coral Springs,FL 33065
STATE OF FLORIDA,
COUNTY OF BROWARD
I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared
Joseph Canavan,by means of IN 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 CEO of 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 this 27 day of September,2024.
(affix notarial seal)
(Signature of Notary Public)
Nancy Blake Kantor
;: NANCY BIAKE KANTOR
;�� �F:. (Print Name of Notary Public)
,, ',' :* Commission#HH 183952
?",:.�.��,,tom:
-N, ;- Expires October 9,2025
Serial/Commission#(if any):IH{ 183952
My Commission Expires: 10/9/2025
Exhibit A—Legal Description for Right of Way—Cadenza at at Hacienda Lakes
Cadenza Right of Way Compensation Area—Owned by Hacienda Lakes of Naples, LLC.
Exhibit A—Legal Description
BEING A PORTION OF TRACT A, CADENZA AT HACIENDA LAKES
OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 74 PAGES 16 THROUGH 20 (INCLUSIVE) OF THE
PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE
PARACULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT A, CADENZA
AT HACIENDA LAKES OF NAPLES, ACCORDING' TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 74, PAGES 16 THROUGH
20 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE SOUTH 01 b1'15" WEST ALONG THE EAST
BOUNDARY LINE OF SAID TRACT "A A DISTANCE OF 10.02
FEET, THENCE SOUTH 87'37'31" WEST LEA V1NG THE SAID EAST
BOUNDARY LINE OF TRACT "A", A DISTANCE OF 270.55 FEET T71
A POINT ON THE WEST BOUNDARY LINE OF SAID TRACT "A";
THENCE NORTH 0101'15"EAST ALONG THE SAID WEST
BOUNDARY LINE OF SAID TRACT "A", A DISTANCE OF 10.01 FEET
TO THE NORTHWEST CORNER OF SAID TRACT "A"; THENCE
NORTH 87;37'31" EAST, ALONG THE NORTH BOUNDARY LINE OF
SAID TRACT "A' A DISTANCE OF 270.55 FEET TO THE POINT OF
BEGINNING.
INSTR 6634880 OR 6431 PG 3836
RECORDED 1/21/2025 4:25 PM PAGES 3
PROJECT:Cadenza at Hacienda Lakes CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
This instrument prepared by: R E C$27.0 0
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 3? day of lkc.� ,2024,by and between COLLIER COUNTY,a political
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,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
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.
4874-1354-4404 v.2 059397/00031
PThZ 87y
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written.
Al TEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KIN erk of the COLLIER COUNTY,FLORIDA
Circuit Court`: ,, ,1 ;
i4lreo°,401"&"'
r eputy lerk .Sa u n ers ,CHAIRMAN
Address: a 11 •rnu'1 q M 1 TM_ E -80o
Attest- so-Chairman's daPLeS, et- ay'aa.
Address Signature"only
Signed, ealed and delivered CENTURY LINK OF FLORIDA,INC.,
in the .ence of: a Florida corporation
/!//1
B 4 G By:qeitAAA,
Y )U4QJ-- p !-� Title: Manager Network OW
���
Print Name: ____ _iAr-S. �K Print Name: Shaun Giesler
Address: A Al Address:931 141 Street,Denver,CO 80202
Wm
(Corp.Seal)
By:
Print Name: 11ILC.1 p Ar"C
Address: 33 N MAIK ST
1,1rnrrr/1 et7wit 4Aare FZ• 3Z74
STATE OF Pia`dK ,
COUNTY OF 04AV]66
I hereby certify that on this day, me,an officer duly authorized to take acknowledgements,personally appeared
Sh4 t4.11)G ask 12.- ,by means of al 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 A44E / 1-K IGjtl
of Century Link of Florida,Inc.,and acknowledged before me that he executed the same as such official in the name /4'&.and on
behalf of said Corporation. lid' c
WITNESS my hand and official seal in the County and State aforesaid thi 'lay 5 )'i 2024.
(affix notarial seal) `0/A0(-) �t t4e,(- �S<--.
(Si ture of Notary Publi
V i& li , 'i24NuE Sac-h &
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
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A ro ed livas o '• ,� d legality: * * ExPIlis 25,2024
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I.6KEIL cf (EV
Assistant County Attorney I
2
4874-1354-4404 v.2 059397/00031
Exhibit A—Legal Description for Right of Way—Cadenza at at Hacienda Lakes
Cadenza Right of Wav Compensation Area—Owned by Hacienda Lakes of Naples,LLC.
Exhibit A—Legal Description
BEING A PORTION OF TRACT A. CADENZA AT HACIENDA LAKES
OF NAPLES. ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 74, PAGES 16 THROUGH 20 (INCLUSIVE) OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLOR/DA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT A. CADENZA
AT HACIENDA LAKES OF NAPLES ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 74, PAGES 16 THROUGH
20 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE SOUTH 01721'15" WEST ALONG THE EAST
BOUNDARY LINE OF SAID TRACT A A DISTANCE OF 10.02
FEE; THENCE SOUTH 87'3731" WEST LEAVING THE SAID EAST
BOUNDARY LINE OF TRACT "A; A DISTANCE OF 270.55 FEET TO
A POINT ON THE WEST BOUNDARY LINE OF SAID TRACT A";
THENCE NORTH O1t71'15"EAST ALONG THE SAID WEST
BOUNDARY LINE OF SAID TRACT A' A DISTANCE OF 10.01 FEET
TO THE NORTHWEST CORNER OF SAID TRACT A THENCE
NORTH 8717731"EAST. ALONG THE NORTH BOUNDARY LINE OF
SAID TRACT A': A DISTANCE OF 270.55 FEET TO THE POINT OF
RFCINN/NG
3
4874-1354-4404 V.2059397/00031