Project 90000 FPL Subordination of Utility Interests INSTR 6734891 OR 6511 PG 2393
RECORDED 9/26/2025 4:39 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PROJECT: 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
THIS AGREEMENT,entered into this U 'day of 5904,1 ,2025 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
Easement to Florida Power&Light June 5,2024 OR Book 6367,Page 1641 and OR
Company Book 6375,Page 3461
Public Records of Collier County
Florida
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
CRYSTAVIC,KINZEL,,qtierk of the COLLIER COUNTY,FLORIDA
Circuit Court&`C•..p dilai, ,
b,9 L - , /_ BY: , ifr��+—. ", i .uty Clerk T L. AU1V�D RS CHAIRMAN
Attest as-to Chairma s ..r
signature.only .
Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY
in the presence of: �.
B . By:
Ti • rporate Real Estate Manager
Print Name: {Pew i S -14,,Gt,.., Print Name: (,�,..,e�o,,, �n.�S�irc.�
THE UPS STORE #4522
Pot i 3 rA HLAND BLVD C
PORT CHAR OTTEFIL-3-3954
Print Name:,la-lie 4//r.)i7 (Corp. Seal)
Post atieFAAN§. STORE #4522
24123 PEACHLAND BLVD C-4
PORT CHARLOTTE, FL 33954
STATE OF FLORIDA,COUNTY OF SARASOTA
I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared
Cam erri in Grt,ishaw,by means of i]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 Powser & 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 day of/4V6a,2025.
(affix notarial seal)
aieG(1L-
IlkIta ANN (Signature of Notary Public)
L
g`'' `" AUWA K RANNEY,,,,, :� MY COMMISSION M HN 6137�LC �,,,,„ •o: EXPIRES:June 24,2029
?��•;°.'•' (Print Name of Notary Public)
Serial/Commission#(if any): H H
ip
91 (112
My Commission Expires: OW awl a-oa9
Approved form and legality:
h
Assistant County Attorney
2
FPL Subordination Agreement
Last revised:a/4/2o
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