Comcast Subordination PROJECT: Haldeman Creek&Crown Pointe Weirs
(LASIP Project No. 51101)
SUBORDINATION OF UTILITY INTERESTS xi 0 0 x 2
Public Body m O
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THIS AGREEMENT is made and entered into this o'NT-day of 2012, x o -4
by and between COLLIER COUNTY, a political subdivision of th Stat of Florida, its o 0 m p A
successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of Oc w w
the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"County"), and z 0 o
COMCAST OF THE SOUTH. INC., successor in interest to FLORIDA CABLEVISION
MANAGEMENT CORP., a Colorado corporation, whose mailing address is 301 Tower Road, n N w
Naples, Florida 34113-8074(hereinafter referred to as"Utility"). O r 'O N
mrow
WITNESSETH: D o
v �
WHEREAS,the Utility has an interest in that certain tract or parcel of land lying and being =0
in Collier County, Florida, more particularly described and set forth in Exhibit"A"attached hereto m m
and made a part hereof(hereinafter collectively referred to as the"Property"); and ? 4,
0
WHEREAS, the County has determined that this Property is suitable and appropriate for
stormwater treatment and drainage purposes; and
0
WHEREAS, the County's proposed use of the Property for stormwater treatment and
drainage purposes 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 stormwater treatment and drainage facilities over, under,
through, upon, and/or across said Property, including, but not limited to the claim of interest
based upon the following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK-PAGE
Plat Book 09/30/1981 Kings Lake, Ltd. Utilities Plat Book 13,J _ Pages 33&34
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.
COMCAST SUBORDINATION OF UTILITIES
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 COUNTY COMMISSIONERS
DW.Kill7fT E:B1,041( Ierk COLLIER COUNTY, FLORIDA
1111.,4_, LA). Cora,04,
(041,‘,.��.w�� Kok
BY
. �yi` ' f L#' Fred W. Coyle,Chairman
-posture r 0ii,* '
Sigi#d, sealed-aand"ctfivered COMCAST OF THE SOUTH, INC., successor in
ip our'prpsent;e a9;iM(nesses: interest to FLORIDA CABLEVISION MANAGEMENT
CORP.,,a Colorado corporation
A ' °-« By: ct;(L1,A „ � t7.t1 C-,
W'NESS(Si/ ature) (Signature) II ''
Nam,• rYczsxltsc2 CID vi�Sc�,'L Q Arl, wa A A. 1'1"4.0 en
(Print or Td-) (Print Name) .JJ
411, / J1 a r k.e t lit Ge 1es,cIen t
ITN -.r•. (Signatur:r (Title)
Name: f 5 ' 2,,ki
(Print oilrype)
STATE OF dc,
COUNTY OF iZ
Th or oing Subordination of jility In rests was1a,pknowledged before me this 0W/1-lay
of , 2012, by , a t OA.. (Name),
as (Title), of/COMCAST OF THE SOUTH, INC.,
successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Colorado
corporation, who is personally known to me or who has produced
as identification.
(affix notarial seal) (14,b0-W d, V/QC''-,
•'`0,,•", ' BARBARA A.STOCKNER
(Signature of Notary Public) ,' /
� I MY COMMISSION DD1 far o 4, �ive e'-
-•: • 000114
�?■ EXPIRES June 21,2014 (Print Name of Notary Public)
(407)39&0153 F, .
.ppro ., - .aan
an. egal s fficiency: NOTARY PUBLIC b /
Serial/Commission#(if an 'b I 0OOiiT
ir E.. writs KT
s. ., County Attorney My Commission Expires: Ole °2`, AO/
COMCAST SUBORDINATION OF UTILITIES 2
Last Revised 4/4/2011
EXHIBIT"A"
PAGE 10F 2
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SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION
aewa+ ^ . + .. NOT A BOUNDARY SURVEY
/�TKI N S �`���
aww.sorsr SCOUT LELY AREA STORM WATER o1Op,NMOO 0°°';SUITEIVO IMPROVEMENT STOR T(LA ER I98) tD1 a+& c ,,,,,rAMM,a$1407 DRAINAGE EASEMENT SKETCH a •,,,
ATKOG NORM AMERCA,WC 181$2824210 AND DESCRIPTION 10
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 1071 4r SHEET:i OF 2
EXHIBIT"A"
PAGE 2 OF 2
SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST
COLLIER COUNTY,FLORIDA
DESCRIPTION
DRAINAGE EASEMENT PARCEL 2710E
A PORTION OF LOT 7, BLOCK "Q" OF KINGS LAKE UNIT NO. 3 AS RECORDED IN PLAT BOOK 13, PAGE 33, OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE S89'S8'40"W
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 89.20 FEET TO THE
WESTERLY LINE OF SAID LOT 7; THENCE N2011'20'W, ALONG SAID WESTERLY LINE. 11.74 FEET; THENCE N89'58'40"E,
93.21 FEET TO THE EAST UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE S00'34'11"E, ALONG SAID
EAST LINE, 11.00 FEET TO THE POINT OF BEGINNING.
SUBJECT LANDS CONTAINING 1003 SQUARE FEET. MORE OR LESS.
SURVEYOR'S NOTES
1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY
SURVEY.
2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING.
3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 7, SAID
LINE BEARS S89'58'40-W.
4. LEGAL DESCRIPTION PREPARED BY ATKINS.
5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH.
I i
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES.
THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A II
FLORIDA LICENSED SURVEYOR AND MAPPER.
CO 2011 ATKINS NORTH AMERICA, INC.
LICE W BUSI. SS 24
AU(RI T - a VED
Peter J. No on
Professional Surveyor& Mapper Registration No. 6290
State of Florida
I �
SEE SHEET 1 FOR SKETCH
°"" 4A � ► NOT A BOUNDARY SURVEY
/�TKI N S.�W�y r aualua: Iwo* �I�7
6tOT LELY AREA STORM WATER „Maa"a o�n1w1 rN.
SUITE 780 IMPROVEMENT PROTECT(LASIP 19$) ""A0"'1012 � FN
TAMPA A,7b07 DRAINAGE EASEMENT SKETCH 7' a rot
ATKINS NORTH AMERICA,WC. (813)787-7716 AND DESCRIPTION 'r
FLORIN CERTIFICATE OF AUTHORIZATION NUMBER L824 SHEET:20F2
•
SECRETARY'S CERTIFICATE
I,Arthur R.Block,Secretary of Comcast of Arkansas/Florida/Louisiana/
Minnesota/Mississippi/Tennessee,Inc.a Delaware corporation(the"Company"),do hereby
certify as follows_
Barbara A.Hagen is a duly elected and appointed officer of the Company,holding the
title of Market Vice President;and
Barbara A.Hagen is authorized to execute,cm behalf of the Company,franchise
documents and any other documents relating to franchise matters within the Company's
franchise area.
IN WITNESS'WHEREOF,the undersigned
has executed this Certificate as of this 51h day
of May,2008.
G./. Lk A/
Arthur R.Block,Secretary
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