Parcel 114DUE Subordination of Utility Interests (Embarq) PROJECT: 60140 — Kirkwood Alley Storm Water uorvVEYANCE ACCEPTED BY:THE
Parcel: 114 BOARD OF COUNTY COMMISSIONERS,
ce Folio: 545110000 00025 COLLIER COUNTY, FLORIDA
w Utility Release
Q w PURSUANT TO THE PROVISIONS
H OF RESOLUTION NO. 2010-39
Q o SUBORDINATION OF UTILITY INTERESTS
7 Q
Ch w - o Public Body
o
o N o LL o THIS AGREEMENT is made and entered into this day of _Su I
m z ? 2015, by and between COLLIER COUNTY, a political subdivision of the State—d Florida,
71- o w 8 o its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the
Ce �; Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to
o J as "County"), and EMBARQ FLORIDA, INC. d/b/a CENTURYLINK, fka SPRINT-
o ° ce FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY
OF FLORIDA, a Florida corporation, whose mailing address is 600 New Century Pkwy.,
Mail Stop KSNCAA0133-RETA600, New Century, Kansas 60031 (hereinafter referred to
as "Utility").
WITNESSETH:
WHEREAS, the Utility has an interest in those certain tracts or parcels of land
lying and being in Collier County, Florida, more particularly described and set forth in
Exhibit "A" attached hereto and made a part hereof (hereinafter collectively referred to as
the "Property"); and
WHEREAS, the County has determined that this Property is suitable and
appropriate for drainage and utility purposes and
WHEREAS, the County's proposed use of the Property for drainage and utility
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 drainage and utility improvements 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 RECORDED
ENCUMBRANCE BOOK-PAGE
Dedication—LaPorte Commercial Park 9/6/1995 Plat Book 25 Page 60
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
EMBARQ SUBORDINATION OF UTILITY INTERESTS
Last Revised 03/20/2013
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.
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
DWIGHT E. BROC4K Clerk COLLIER CacaLLY, FLORIDA
' (WAL N'
IJ.G BY:
Attest a 'h. ty Clerk Tim Nance , Chairman
signature only.
Signed, sealed and delivered EMBARQ FLORIDA, INC. dba CENTURYLINK,
in our presence as witnesses: fka Sprint Florida, Incorporated, successor by
merger to United Telephone Company of
Florida, a Florida corporation
Ii %MI By: VC
WITNES$ 'Ign. . e) Name: ypzzz
Title:
btcE, —CSt aZ
Name: / l 2e/
7 c,4)
(Print or Type)
WITNESS (Signature
Name: EJ'LE,(J& dE, 74e-
(Print or Type)
STATE OF LOR q-P
COUNTY OF e_s3L1 ,1�
The foregoing Subordination of Utility Interests was acknowledged before me this C 1k
day of , 201V by bAu1' (Name), as
\C . NsC i l 04_S (Title), of EMBARQ FLORIDA, INC. dba
CENTURYLINK, fka Sprint-Florida Incorporated, successor by merger to United
EMBARQ SUBORDINATION OF UTILITY INTERESTS
Last Revised 03/20/2013
Telephone Company of Florida, a Florida corporation, who is personally known to me or
who has produced RI a as identification.
(affix notarial seal) _ Z,
(Signature of Notary Public)
Et tatTI\ @ LOPA
;2�` A° ANTONITA C ULLOA (Print Name of Notary Public)
MY COMMISSION#FF088725
fvel EXPIRES March 26, 2018 Serial / Commission # (if any): F-t- Ooo1�-,
1407)3880153 FloridallotaryService.com
My Commission Expires: 3- a-(Q O
Approv d as to fo m and legality:
J 4/.30A3
s
ski- A -
Assistant County Attorney
EMBARQ SUBORDINATION OF UTILITY INTERESTS
Last Revised 03/20/2013
SECRETARY'S CERTIFICATE
The undersigned secretary of Embarq Florida, Inc. hereby certifies that Danny R. Pate is
the Vice President and General Manager of this company. In such capacity he is authorized to
act on its behalf in the execution of all agreements, contracts and other instruments that are
necessary, advisable or appropriate to conduct the business of the company.
Kay C. Buhart, Secretary
Embarq Florida, Inc. d/b/a CenturyLink
Dated: November 17, 2014