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FPL SubordinationTO: FROM: DATE: RE: Memorandum Sue Filson Administrative Assistant Board of County//~o~m~rs J. Keith Gomez~,,,~ f Real P rope ,rt~ _~SCcialist Real Propert~Management Department duly 10, 2001- Granada Shoppes PUD - Ocean Boulevard Partnership and Ocean Boulevard Partnership II Attached you will find one (1) Subordination of Utility Interests, between Collier County and Florida Power & Light Company, for execution by Chairman James D. Carter, Ph.D., concerning the above-mentioned transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida approved this Agreement, pursuant to the acceptance of the Developer Contribution Agreement and the necessary requirements of the Grant of Easement on November 14, 2000, under the Consent Agenda, Item 16(B)(6). Once executed, please have the document delivered to the Clerk for a~estation. Thank you. Attachment Office of the Real Property Management Department Project: Granada Shoppes Parcel: I & II Folio: 00167800004 & 00168040601 Florida Power & Light Release SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT, entered into this//-,-( day of ~ ,20&_/, by and between COLLIER COUNTY, a political subdivision of the State~of~da, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called "County", and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, by its undersigned officers who have been duly authorized by the corporation to execute this Subordination, whose mailing address is P. O. Box 029100, Miami, Florida 33102, hereinafter called "Utility". WITNESSETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for road right of way, sidewalk, utility, drainage, installation and operation of streetlights, and maintenance purposes; and WHEREAS, the proposed use of these lands for road right of way, sidewalk, utility, drainage, installation and operation of streetlights, and maintenance purposes will require subordination of the interest claimed in such lands by Utility to the County, and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit "A" attached hereto); 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, Utility and County agree as follows: Utility subordinates any and all of its interest in the Lands described as follows: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors or assigns, for the purpose of constructing, improving, maintaining and operating road right of way, sidewalk, utility, drainage and installation and operation of streetlights, and maintenance purposes over, through, upon and/or across such Lands, including, but not limited to, the claim of interest based on the following: Nature of From or Recorded Encumbrance Recorded Against In Favor Of Book-Page Easement 03/02/2001 Granada Shoppes Florida Power & 2785/0211 Associates, Ltd. Light Company PROVIDED that the following rights are granted to Utility: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon all Lands in accordance with the County's current minimum standards for such facilities. Any construction or relocation of facilities within the Lands will be subject to prior approval by the County. Should the County require the Utility to alter, adjust, or relocate its facilities from or within said Lands, the County hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring appropriate easements. 2. The Utility shall have a reasonable right to enter upon the Lands for the purposes outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 3. The Utility agrees to repair any damage to the County's facilities and to indemnify the County against any loss or damage resulting from the Utility's exercise of its rights as outlined in paragraphs 1 and 2 above. 4. These terms and conditions shall be attached as an addendum to the permit, if any, required by the County for relocation of the Utility's facilities within the said Lands. 5. This Agreement is not assignable except 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~ B Y: jA ~~ -"ME{i,,D. C~~rman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Signed, sealed and delivered in our presence as witnesses: WITNESS (Signature) Name: (Print or Type) WITNESS (Signature) Name: Donna M. Rodcbaugh (Print or Type) FLORIDA POWER & LIGHT COMPANY, a Florida corporation ' ~'e~I E si aCt eh ~n~ sDs ~:nt ~ e°~ rCe ~r~y° r at e Attest: (Seal) , Secretary STATE OF: Florida COUNTY OF: ~ ,.m D~ItUII The foregoing Subordination of Utility Interests was acknowledged before me this ¢2r~d~ day of L.~2~J ,2001 by John M. Chism, as Director, Corporate Real Estate and Assistant Secretary, of Florida Power & Light Company, a Florida corporation, who is personally known to me. (affix notarial seal) (Signat~r~ ~ Notary Pub]icj) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: m ~0 ~ 0 Z o r m 0 0 tlr-- ~z~ z ~ ~ O0 0 ~ ~ > o 0 z o 007 m Z mm zCO0~ ~0 ~ 0 / / / / ~o~© z / / / / / TAMIAMI TRAIL L2 TRACT FI ~Z OFq l. O'F 5 CREEKSIDE COMI~ERCE PAt~K.-UNII PLAT BOOK ~9. PAGES 57-58 ONE