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Agenda 03/28/2017 Item #11E03/28/2017 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of those perpetual easement interests necessary for the construction of roadway, drainage and utility improvements required for the expansion of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal. (Project No. 60145.) Estimated fiscal impact: $2,450,000. OBJECTIVE: To acquire the easements necessary for the four-laning of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal. (Project No. 60145.) CONSIDERATIONS: On April 26th, 2016, the Board of County Commissioners (Board) adopted five resolutions authorizing the condemnation of land and easements needed for the widening of Golden Gate Boulevard (from two lanes to four lanes) from 20th Street East to east of Everglades Blvd. All the right- of-way has been acquired and construction is scheduled for 2019. The project limits have since been extended to east of the Faka Union Canal so that stormwater outfall can discharge into the canal in accordance with the current design and permit. This will avoid the need for a temporary drainage system and result in a substantial saving in construction costs. Construction of the roadway impro vements for this extended segment of the project will be scheduled as soon as funding is available. The adoption of the attached resolution will provide staff with the Board’s authority to secure title work, obtain independent real estate appraisals, and negotiate for the purchase of the right-of-way (road right- of-way, drainage and utility easements and a right-of-way and boat ramp easement) required for the construction of the Project. Gift and Purchase Resolutions delegate to the Chairman or her design ee and to the County Manager certain ministerial authorities that streamline the right -of-way acquisition process and preclude the necessity to return to the Board for the approval of each and every purchase. In addition to the direct cost of the easements required for construction, the County is also required to pay severance damages and/or costs to mitigate damages to remaining properties (“cost -to-cure” expenses) caused as a result of the loss of the part taken to construct the Project, or caused as a r esult of the construction of the proposed improvements, business damages, all expenses for title work, real estate appraisals, and those expenses related to condemnation when necessary, such as property owner attorney fees and expert witness fees, according to Sections 73.091 and 73.092, F.S. To the extent settlements are achieved in lieu of litigation, these costs may be reduced significantly. FISCAL IMPACT: The fiscal impact associated with this item is estimated to be $2,450,000. The primary funding source for the acquisition of right-of-way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. Incremental maintenance costs for Golden Gate Boulevard from 20th east of Everglades Boulevard to east of the Faka Union Canal are estimated at $2,500 per year for mowing and garbage removal. The cost to maintain stormwater management infrastructure will be approximately $4,000 on a three to five year basis. New roadway construction has a maintenance curve of approximately five to seven years before any incremental costs are required for repairs. GROWTH MANAGEMENT IMPACT: As part of the County’s proposed 5 year transportation work program, the expansion of Golden Gate Boulevard (Project No. 60145) is an integral part of Collier County’s Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote 03/28/2017 for Board approval. - JAB RECOMMENDATION: Adopt the attached Resolution; Authorize the Chairman to execute same on behalf of the Board; and Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Robert Bosch, Asst. Manager, ROW Acquisition - Transportation Engineering Division. ATTACHMENT(S) 1. Gift & Purchase Resolution with Exhibits A, B & C (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.E Doc ID: 2929 Item Summary: Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of those perpetual easement interests necessary for the construction of roadway, drainage and utility improvements required for the expansion of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal. (Project No. 60145.) Estimated fiscal impact: $2,450,000. (Jay Ahmad, Transportation Engineering Division Director.) Meeting Date: 03/28/2017 Prepared by: Title: Operations Analyst, Senior – Transportation Engineering Name: Robert Bosch 03/20/2017 12:56 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 03/20/2017 12:56 PM Approved By: Review: Growth Management Department Robert Bosch Level 1 Division Reviewer Skipped 03/20/2017 12:53 PM Growth Management Department Robert Bosch Level 2 Division Administrator Skipped 03/20/2017 12:52 PM Growth Management Department Robert Bosch Additional Reviewer Skipped 03/20/2017 12:52 PM County Attorney's Office Robert Bosch Level 2 Attorney of Record Review Skipped 03/20/2017 12:53 PM Office of Management and Budget Robert Bosch Level 3 OMB Gatekeeper Review Skipped 03/20/2017 12:52 PM County Attorney's Office Robert Bosch Level 3 County Attorney's Office Review Skipped 03/20/2017 12:52 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 4:39 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM RESOLUTION NO. 2017- A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF THOSE PERPETUAL EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF EVERGLADES BOULEVARD TO EAST OF THE FAKA UNION CANAL. (PROJECT NO. 60145.) WHEREAS, the expansion of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal (hereinafter referred to as "the Project"), as part of the Golden Gate Boulevard Project (Project No. 60145), is included in Collier County's Five Year Transportation Work Program; and and WHEREAS, plans and specifications have been prepared for construction of the Project; WHEREAS, construction of the Project will require the acquisition of perpetual easement interests; and WHEREAS, the acquisition of the easements and the construction of the Project within the boundaries depicted in Exhibit "A", attached hereto and incorporated herein, is necessary in order to protect the health, safety and welfare of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal as part of the Golden Gate Boulevard Project (Project No. 60145), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. .4 2. The acquisition of the various easement interests required for the construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. 3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition of road right-of-way, drainage and utility easements and a right-of-way and boat ramp easement to enable construction of the Project within the project boundaries identified in Exhibit "A" (attached hereto and by reference made a part hereof), and the County Manager or his designee is hereby authorized and directed to acquire said easements by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners for the easements required to construct the Project, which offers shall be based upon estimates of the market value of the subject real estate which have been developed by licensed state -certified general real estate appraisers. 5. In view of the differences of opinions between real estate appraisers regarding market value and full compensation to property owners, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve purchases of easements where the property owner has agreed to sell to the County at, or up to twenty five percent (25%) above the County's full compensation estimate, with the maximum approval authority not to exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby authorizes the approval and execution of Closing Statements related to said transactions by the County Manager or his designee. Any and all purchases in excess of one hundred and twenty- five percent (125%) of the appraiser's full compensation estimate, or in excess of $50,000 above -Page 2- tJ the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall require separate Board approval. 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, upon the approval of the Office of the County Attorney as to form and legality, to execute easement agreements and subordinations of utility interests incorporating agreements for reimbursement for additional facilities relocation, in substantially the same form as that Sample Real Property Conveyance Agreement and that Sample Subordination of Utility Interests and Agreement for Reimbursement for Additional Facilities Relocation, attached hereto as Exhibits "B" and "C" respectively and made a part hereof, and/or other documents approved by the Office of the County Attorney to close real estate transactions, where the property owner has agreed to sell to the County at appraised value, or within the parameters stipulated in Paragraph 5 (above). 7. Said authority is delegated by the Board to the extent that such delegation does not conflict with the provisions of Section 125.355, Florida Statutes. 8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire transfers, payable to the property owner(s) of record, to title companies and attorneys closing real estate transactions, and to others who may possess an equitable interest in the subject easement parcels in those amounts as shall be specified on a Closing Statement. 9. All title to easement parcels which has been acquired in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, conveyance instruments such as easements, as well as any other instruments that may be required to remove, release or -Page 3- `y subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive notice of the County's interest in real property. This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of , 2017, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA LIN PENNY TAYLOR, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney �2 2 -Page 4- EXHIBIT "A" Our k 0 Z w U LU O w CL F—:5 ltlNtl3 NOINn tlNtlj LU LU Q' o LU ZL)w LU U' a O Wog J LU W O ix v¢ a r— J o > a_ z 0 0 Q N F— v w O a — z 3 4A19 530`d'19N3A3;— ,annr rwm as Our EXHIBIT "B" SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of 120_, by and between OWNER NAME, whose mailing address is , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires (A FEE SIMPLE INTEREST IN - or - AN EASEMENT FOR A PARTICULAR PURPOSE) over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Property"); and WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Property to County for the sum of: subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Property conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Property, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Property to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. os_F�, Page 2 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) (NAME / TITLE OF CONVEYANCE INSTRUMENT) (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Property; (c) Closing Statement; (d) Grantor's Non -Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Property, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all 09) Page 3 improvements located within the Improvements and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Page 4 Property which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Property and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Property or its intended use by County. (h) The property underlying the Property, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Property to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Property; b) any existing or threatened environmental lien against the property underlying the Property; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Property instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien -holders and/or easement -holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien -holder or other encumbrance -holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from Page 5 the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Property is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES -There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Property before the Property held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. ENTIRE AGREEMENT - Conveyance of the Property, or any interest in the property underlying the Property, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. Page 6 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: 97_r1111111%, ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Chairman AS TO OWNER: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legality: Assistant County Attorney Of EXHIBIT "C" SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this day of , 20_, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY PROVIDER] (hereinafter referred to as "Utility"). WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for [SPECIFY PURPOSE]; and WHEREAS, the proposed use of these lands for [SPECIFY PURPOSE] 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 FROM OR AGAINST IN FAVOR OF RECORDED BOOK, PAGE The County and the Utility further agree that: "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. Ee 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 insure access to said lands by the Utility. 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. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Signed, sealed and delivered in the presence of: By: Print Name: By: Print Name: STATE OF , COUNTY OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , CHAIRMAN [NAME OF UTILITY PROVIDER] By: Title: Print Name: (Corporate Seal) I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared , 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 of and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. Utility Subordination Agreement WITNESS my hand and official seal in the County and State aforesaid this _ day of , 20_ (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Approved as to form and legality: Assistant County Attorney 3 Utility Subordination Agreement Ok,