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Agenda 08/25/2020 Item #16C1 (09/08/2020 Item #16F1G for 08/25/2020 Absentia)08/25/2020 EXECUTIVE SUMMARY Recommendation to execute “Subordination of County Utility Interests” (Subordination Agreements) to facilitate the Florida Department of Transportation (FDOT) Interchange Improvement project at I-75 and SR-951. OBJECTIVE: To subordinate the Collier County Water-Sewer District’s (CCWSD) utility easement rights for multiple parcels along Collier Boulevard (SR-951) to enable FDOT to construct interchange improvements at I-75 and SR-951. CONSIDERATIONS: The proposed interchange improvements at I-75 and SR-951 will improve traffic flow and relieve congestion in this area. In the event of conflict between the County’s easement rights and FDOT improvements, FDOT is willing to pay to have the utility facilities relocated and to acquire additional easements as necessary. Real Property Management had recommended various changes to the Subordination Agreements, however, FDOT is unable to modify its standard form document citing that all other Florida Counties and FPL have complied with the document without any exceptions. Presently the Subordination Agreements do not include actual reimbursement of costs. We recognize that these Subordination Agreements are essential to facilitating the interchange improvement project, and that the County and FDOT have collaborated on numerous roadway projects in the past, and that a future supplemental agreement between the County and FDOT will be forthcoming and clarify actual reimbursable costs for this project. Such supplemental agreement will be presented to the Board when available. The Subordination Agreements are attached and have been approved by the County Attorney’s Office. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: There is no financial impact to the County. FDOT will pay all recording fees, reimbursable costs for relocation of utilities, and reimbursable costs for easement acquisition as necessary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: This item supports and is consistent with Objective 6 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board, acting as the ex officio governing board of the CCWSD: 1. Agree to subordinate the interest in those lands described in the attached Subordination Agreements and authorize the Chairman to execute the agreements. 2. Direct the County Manager or his designee to proceed to follow all appropriate procedures and record the Subordination Agreements in the Public Records of Collier County, Florida. Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division 16.C.1 Packet Pg. 20 08/25/2020 ATTACHMENT(S) 1. Subordination Agreements (CAO approved) (PDF) 16.C.1 Packet Pg. 21 08/25/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 13028 Item Summary: Recommendation to execute “Subordination of County Utility Interests” (Subordination Agreements) to facilitate the Florida Department of Transportation (FDOT) Interchange Improvement project at I-75 and SR-951. Meeting Date: 08/25/2020 Prepared by: Title: – Facilities Management Name: Jay Malamphy 07/28/2020 2:05 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 07/28/2020 2:05 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 07/28/2020 3:18 PM Facilities Management Damon Grant Director - Facilities Completed 07/28/2020 4:49 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 07/31/2020 2:38 PM Public Utilities Planning and Project Management Eric Fey Additional Reviewer Completed 08/03/2020 8:58 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/04/2020 8:53 AM Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 08/04/2020 9:00 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 08/04/2020 9:23 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/05/2020 10:19 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/06/2020 9:59 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/20/2020 8:44 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/20/2020 9:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2020 1:12 PM Budget and Management Office Ed Finn Additional Reviewer Completed 08/24/2020 11:00 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2020 11:29 AM Board of County Commissioners MaryJo Brock Meeting Pending 08/25/2020 9:00 AM 16.C.1 Packet Pg. 22 23-UTL.02-05/09 Date: March 25, 2020 This ■nstrument prepared under the direction of: Ange■a D. Tucker′ Chief Counse■Post Office Box ■249 City: Bartow′ Florida 3383■―■249 Department of Transportation F.P. NO. 435■■■2PARCEL ■04.2 SECT10N 03030-000 STATE ROAD 95■ COUNTY Co■■ier SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered int.o this day of 20___′ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION′ hereinafter called the FDOT′ whose pOst office address is: Post Office Box ■249′ Bartow′ Florida 3383■―■249 and COLLIER COUNTY′ A FLORIDA POLITICAL SUBDIVISION′ Utility Agency Organization′ hereinafter called the Utility. W工 TNESSETH: WHEREAS, t.he Utility presently has an interest in certain lands that have been determined necessary for highway pur?oses; and WHEREAS, the proposed use of these l-ands for highway purposes will require subordination of the int.erest claimed in such lands by UtiliEy Eo t.he FDOT; and WHEREAS′ the FDOT is willing to pay to facilities relocated if necessary to prevent the facilities so that the benefits of each NOW′ THEREFORE′ in consideration of the and promises of the parties hereto′ Uti■ity fol■ows: have Ehe Utility's conflict beEween may be retained. mutual covenants and FDOT agree as Utility hereby su.bordinates to the interest of FDoT, its successors, or assigns, any and all of its interest in the lands as fo11ows, viz: SEE EXHIBIT ∥A" Page ■ of 5 for Parcel ■04.2 16.C.1.a Packet Pg. 23 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) RECORDED INSTR硼 4EヽT DATE FROM TO 0.R. BOOK/PAGE Drainage Easement 07-■■-60 Henderson Creek Company Col l ier County, a Fl-orida pol it.ical subdivis ion 0067 035■ Correct ive Drainage Easement 0■-09-6■Henderson Creek Company Colfier County, a Florida polit.ical subdivi s ion 0076 0■27 PROVIDED that the Utilit.y has the following rights: ■.The Utility shall have Lhe right. Eo constsruct, operaEe. maint.ain, improve, add to, upgrade, remove, and relocate facilit.ies on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effec! at tshe time the agreemen! is execut.ed. Any new construction or relocation of facilit.ies wiEhin the lands will be subject t,o prior approval by the FDOT. Should the FDOT fail tso approve any new construction or relocation of facj-Ij-ties by the Utility or require the Utility to aIter, adjust, or relocate its facj-lities locat.ed within said Iands, t.he FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocat.ion, including, buts not limited to the cost. of acquiring appropriate easements . Nolwilhst.anding any provisions set. forth herein, the lerms of t.he utility permits sha11 supersede any cont.rary provj-sions. with the excepEion of the provision herein with reimbursement. rights. The Ut.il-ity sha11 have a reasonable rights to enter upon the fands described herein for t.he purposes outlined in Paragraph 1 above, including the rj-ght to t.rim such trees, brush, and growt.h which might endanger or interfere wilh such facilit.ies, provj.ded that such rights do not inEerfere wit.h t.he operat.ion and safety of tshe FDOTIs facil-ities. The Utility agrees tso repair any damage to FDOT faciliEies and to indemnify the FDOT againsE. any loss or damage result.ing from lhe Utilit.y exercising its rj-ghts outl-ined in Paragraphs l- and 3 above. Page 2 of 5 for Parcel 104.2 16.C.1.a Packet Pg. 24 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF, tshe FDOT hereto has executed this agreement on Ehe day and year first. above wrj.t.ten. Executed in our presence as witnesses: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: S ignature District Se c re tary/De s ignee for District One Print/Type Name Legal Review: S ignature Print/Type Name STATE OF FLORIDA COUNrY OF Department Attorney The foregoing inslrument was acknowledged before me by means ofphysical presence or online notarization, this _ day of ′ 20___byDistrict Secretary/Designee for District One. He ls personally known to me or has produced identification. (Affix Seal/Stamp here) Notary Signature: Printed Name : Notary Public in and forthe County and Stat.e last aforesaid. My Commission Expires : Serial No. : Page 3 of 5 for parceL 104.2 as 16.C.1.a Packet Pg. 25 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF, the County has caused these presents to be executed in ■ts name by its Board of County comm■ss■oners acting by the chairperson or Vice―Chairperson of said Board′ the day and year aforesaid. ATTEST:County, s ignature Florida, By Its Board of County Commi s s ioners Print/Type Name Clerk(or Deputy Clerk) Signature PrinE/Type Name Its Chairperson(or Vi ce - Chairperson ) crant.or (s) ' Mailj-ng Address: ATTEST CRYSTAL K KINZEL,CLERK BY: Approvcd as to lbrm and lcgalityO ハ鰤Omy漁 而yぴ tざ夕〆 ベ Page 4 of 5 for Parcel 104.2 16.C.1.a Packet Pg. 26 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) F.P. NO. 435■■■2SECTION 03030-000 PARCEL ■04 RIGHT OF WAY Those porlions of the souEhwesE l/4 of Section 3 and the northwest l/4 of Section 10, Township 51 Soutsh, Range 25 East, Col-1ier countsy, Florida. Being described as folfows: Commence at the southwest corner of said Section 3′ thence alongthe south line of said southwest ■/4, South 89。22'08″ East a distance of l′39■.77 feet to the survey base ■ine of state Road 95■ (Collier Blvd)′ thence along said survey base ■ine North 02027′42″ East a distance of 426.96 feet′ thence South 87。32'■8″ East a distance of 298.76 feet for a POINr OF BEG■ヽNING′ thence South 88。06′20″ East a distance of ■50.04 feet, thence South 00。33′22″ West a distance of 5■0.59 feet to the center line of a Co■lier County drainage easement (per official Records Book 67′ Page 66 and Officia■ Records Book 76′ Page ■27′ Public Records of Co■■ier County′ Florida), thence along said center ■ine South 6■。3■'43″ West a distance of ■6.30 feet, thence North 28。28'■7″ West a distance of 55.00 feet to the nOrth easement ■ine of said dra■nage easementi thence a■ong sa■d north easement ■ine South 6■03■′43″ West a distance of ■24.72 feeti thence North Oo。33′22″ East a distance of 534.43 feet to the POINT OF BECINNING. Containing ■.73■ acres. Legal Descr■ption Approved by: Richard M. "Mike" Benton′ P S.M. #6447 0n March 6′ 20■9EXHIBIT ∥A∥ Page 5 of 5 for Parce■ ■04.2 16.C.1.a Packet Pg. 27 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 23-UTL.02-05/09 Date: March 25′ 2020 This instrument prepared under the direction of: Ange■a D. Tucker′ Chief Counsel Post Office Box ■249 City: Bartow′ Florida 3383■―■249 Department of Transportation F.P. NO. 4258432 PARCEL ■00.4 SECTION 03■75-000 STATE ROAD 93(I-75) COUNrY Collier SUBORDINATION OF COUNTY UT工 L工 TY INTERESTS THIS AGREEMENT′ entered into this day of 20___′ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT■ON′ hereinafter called the FDOT′ whose post office address is: Post Office Box ■249′ Bartow′ Florida 3383■―■249 and BOARD OF COIJNTY COMMISS■ONERS OF COLLIER COUNTY′ FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER DISTRICT′ Utility Agency Organization′ hereinafter cal■ed the Utility. WITNESSETH: WHEREAS, the Ut.ility presently has an inEerest in cert.ain lands that have been det.ermined necessary for highway purposes; and WHEREAS′ the proposed use of these lands for highway purposes wi■l require subordination of the interest c■aimed in such lands by Utility to the FDOT′ and WHEREAS, tshe FDOT is willing to pay tso have the Ut.ility's facj-Iitsies relocated if necessary tso prevent conflict. between the facilit.ies so thats the benef it.s of each may be reEained. NOW, THEREFORE. in consideration of the muEual covenants and promises of the parties hereto, Utj-Iity and FDOT agree as fol lows : Utility hereby subordj.nates to the int.erest of FDOT, its successors, or assigns, any and aff of it.s j.nterest in t.he lands as foI1ows, viz: SEE EXHIBIT llA" Page 1 of 5 for Parcel 100.4 16.C.1.a Packet Pg. 28 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) INSTRUMEN r DATE FROM TO O.R. BOOK/PAGE Ut il ity Easement 03-20-06 Randall Benderson and Dav■d H. Ba■dauf′ as Trustees under a Trust Agreement dated December 29, ■995′ known as the Rona■dBenderson ■995 Trust′ and WR―IAssoc■ateS′ Ltd.′ a F■orida limited partnership Board of County Commi ssioners of Collier County, Fl"orida, as tshe coverning Body of Collier County and as Ex-officio the Governj-ng Board of Ehe Collier County Water- Sewer Di-strict OR 40■3PG ■23 RECORDED PROVIDED that t.he Ut.if it.y has the following rights: 1. The Utility shal1 have the right to construct, operate, maintain, improve, add to, upgrade, remove, and rel,ocate facilities on, wit.hin, and upon the lands described herein i.n accordance with the FDOT's current minimum st.andards for such facilities as required by Ehe FDOT Utility Accommodatj.on Manual in effect at the time the agreement is execuEed. Any new const.ruct.ion or relocat.ion of faciliE.ies within Ehe lands wilf be subject Eo prj-or approval by the FDOT. Shoufd the FDOT fail t.o approve any new construction or relocation of facilities by the UtsiliEy or require the Ut.ility to aIt.er. adjust., orrelocate its facilities located within said 1ands, the FDOT hereby agrees to pay Ehe cost of such alteraE.ion, adjustment, or relocation, includj-ng. buE not limited t.othe cost of acquiring appropriate easement.s. 2. Notr^riEhst.anding any provisions set forth herein, the termsof the uEility permiEs shall supersede any contraryprovisions, with the except.ion of E.he provj-sion herein !,/it.h reimbursemen! rights. 3. The UtiliEy sha11 have a reasonable right. to enter uponthe lands described herej-n for Ehe purposes outlined in Paragraph 1 above, including t.he right Eo trim such t.rees,brush, and growt.h which mighE. endanger or interfere with such facilj.ties, provided that. such rights do notinterfere with t.he operatj-on and safety of the FDOT ' sfacilities. 4. The Utility agrees to repair any damage Eo FDOT facifities and Eo indemnify the FDOT against any Loss or d.amage Page 2 of 6 for Parcel ■00 4 ① 16.C.1.a Packet Pg. 29 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) resulEing from the Utility exercising it.s rights outlined in Paragraphs 1 and 3 above. Page 3 of 6 for Parcel 100.4 16.C.1.a Packet Pg. 30 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF′ the FDOT hereto has executed this agreement on the day and year first above wr■tten. Executed in our presence as wit.nesses: S ignature By: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District S ec re tary/De s j- gnee for Di-strict One Print/Type Name Legal Review: s ignature Print/Type Name STATE OF FLORIDA COUNTY OF Department. Attsorney The foregoing instrument was acknowledged before me by means of physical presence or _online notarization, this _ day of ′ 20___by Districts Secretary/Designee for District One. He is personatly known to me or has produced as identification. (Af fix Seal/Stamp here) Notary Signature; Print.ed Name : Nolary Public j-n and for the County and Stat.e last. aforesaid. My Commission Expires : Seri.al No . : ATTEST CRYSTAL Xt KINZEL、CLERK BY: Approvcd as lo form anrl L'gality essisrunr CountyTrr,rnF Page 4 of 5 for parcel 100.4 16.C.1.a Packet Pg. 31 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 16.C.1.a Packet Pg. 32 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF, the County has caused t.hese presents Lo be executed i-n its name by its Board of County Commissioners acting by the Chairperson or Vice-ChaJ-rperson of said Board, the day and year aforesaid. ATTEST:County, Signature Florida, By Its Board of County Commissioners Print/Type Name Clerk(or Deputy Clerk) Sig'nature Print/Type Name Its Chairperson(or Vice-Chairperson) Grantor(s)' Mailing Address: Page 5 of 5 for Parcel 100.40 16.C.1.a Packet Pg. 33 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) FP. NO. 4258432 SECTION 03■75-000 PARCEL ■00 RIGHT OF WAY That portion of Lots 5. Marke! CenEer, a Replat of a Portion of cator cate, Plat Book 7, Page 2 and a Portj-on of catsor Gate UniE 2, Pfat Book 7, Page 54 and a Subdivision of a Portion of Ehe Northeast l/4 of Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in PIat, Book 41, Page 60, Pu.blic Records of Collier County, Florida. Being described as foffows: Commence at Ehe nort.heast corner of tshe northeast l-/4 of said SecEion 3, said point being on t.he survey base line of State Road 951, also known as Collier BIvd.; thence along the east line of said northeasi l/4 and said survey base line South 00050'27" WesE a distance of 1,608.23 feet; thence SouEh 89o20' l-l-" West a distance of 101.11 feeE Eo the intersection wit.h t.he wesE existing right of way line of said Stat.e Road 95l-(per Section 03510-2502) and E.he southeast corner of said Lot 5 for a POINT OF BEGINNING; thence along the soutsh fine of said Lots 5, continue South 89020'11" West a distance of 22.22 feeE; tshence North 01034'45" East a distance of 229.1-0 feet; thence North 44045'47" WesL a distance of 7.52 feet t.o the south right. of way line of Business Circle also known as Business Circle Nortsh lTract R-1 (per said plat)] and the north fine of said Lot 5 and t.he beginning of a curve having a radius of 25. O0 feet; thence along said south existing right of way line and said north line the arc of said curve to the right a distance of 39.97 feet. through a cenEral angle of 9]-036' 17,, with a chord bearing South 44057'41" East tso said west exisEing righE of wayline of State Road 951 and to tshe end of said curve; t.hence along said west existing right of way line Sout.h OOo5O,2Zz West. a dist.ance of l-93.07 feeE; thence conEinue along said westexisting righE of way line South 04045,27,, wes| a distance of15.73 feet. Eo the POINT OF BEGINNING. Conlaining 4,957 sqoare feet.. Legal Description Approved by: Richard M. ∥Mike∥ Benton′ P.S,M. #6447 0n August 22′ 20■8EXHIBIT ∥A∥ Page6 of 6 for Parcel ■00.4 16.C.1.a Packet Pg. 34 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 23 -VTr, . 02 - 05 / 09 DaCe: October 9, 2018 This instrument prepared under tshe direction of: Angela D. Tucker, Chief Counsel Post Office Box 1-249 City: Bart.ow, Florida 3383L-L249 DeparEmenE of TransporEaEion F.P. NO. 4258432 PARCEL ■0■.4 SECT■ON 03■75-000 STATE ROAD 93(■-75) COUNTY Collier SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT′ entered into this day of 20 ′ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION′ hereinafter called the FDOT′ whose pOst office address is: Post Office Box ■249′ Bartow′ Florida 3383■―■249 and BOARD OF COUNrY COn4MISSIONERS OF COLLIER COUNTY′ FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY ANII AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER DISTRICT′ Utility Agency organization′ hereinafter called the Utility. WITNESSETH: WHEREAS, Ehe Utility presenEly 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 wi■■ require subordination of the interest c■aimed in such ■ands by Utility to the FDOT, and WHEREAS′ the FDOT is willing to pay to have the Utilityis facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in considerat.ion of Ehe mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utj-lit.y hereby subordinates to Ehe inlerest of FDOT. it.s successors, or assigns, any and aII of iEs interest in the lands as follows, viz: SEE EXHIBIT ::A:: Page 1 of 7 for Parcel 101.4 16.C.1.a Packet Pg. 35 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) RECORDED PROVIDED that the Utility has the following rights: The UEi-1i.ty shall- have the right. t.o construct.. operate, maintain, improve, add to, upgrade, remove. and relocate facifities on, within, and upon t.he lands described herein in accordance with the FDoT's current. minimum standards for such faciliEies as required bythe FDOT Utility Accommodation Manual in effect at t.he Eime the agreement is execut.ed. Any new construction or rel-ocat.ion of facilities wit.hin the lands will be subjects to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocat.ion of faciliEies by the Utsility or require theUtilit.y Eo a1tser, adjusc, or relocate iE.s facilities locaEed within said ]ands, the FDOT hereby agrees topay tshe cost of such al-t.erat j-on, adjustmen!, or reLocatsion, including, but not limiEed to the cost ofacquiring appropriate easements . Notwithstanding any provisions seE. forth herein, the Eerms of the utility permits sha]I supersede any conErary provisions, wiEh the except. j-on of t.heprovision herein with reimbursement right.s. The Utility shalf have a reasonable right to enter upon tshe lands described herein for the purposes outlined j-n Paragraph l- above, inctuding the right to Erim such trees, brush, and growth which might endanger or interfere with such faciliti.es, provided thaE such right.s do not. interfere with the operation and safety of the FDOT's facil-ities. The UtiliE.y agrees to repair any damage to FDOT facilities and Eo indemnify the FDOT against. any 1oss INSTRUMEN r DATE FROM TO 0.R. B00K/PAGE utility Easement 03-20-06 Randall Benderson and Dav■d H. Ba■dauf′ as Trustees under a Trust Agreement dated December 29′ ■995, known as the Rona■dBenderson ■995 Trust′ and WR―IAssociates′ Ltd.′ a Florida limited partnership Board of County Commi ss ioners of Collier County, Florida, as the Governing Body of Colfier County and as Ex-Officio the Governing Board of the Co11i-er CounEy Water- Sewer District OR 40■3PG ■23 Page 2 of 7 for ParceL 101.4 16.C.1.a Packet Pg. 36 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) or damage resul-ting from the Utilitsy exercising itss rights outlined in Paragraphs 1 and 3 above. Page 3 of 7 for Parcel l-01.4 16.C.1.a Packet Pg. 37 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF′ the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence as witnesses: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary/Designee for District one By: signature Print/Type Name L,ega1 Review: S ignature Print/Type Name STATE OF FLORIDA COUNTY OF Department Attorney The foregoing instrument was acknowledged before me by means of physical presence or _online notarization, t.his day of ′ 20___by Dist.rict. Secretary/Designee for Dj-strict one. He is personal-ly known t.o me or has produced as identification. (Affix Seal/Stamp here) Notary Sigrnature: Printed Name : Notary Pu-blic in and for the County and State last aforesaid. My Commission Expires : Serial- No. : Page 4 of 7 for Parcel 101.4 16.C.1.a Packet Pg. 38 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chai-rperson of said Board, the day and year aforesaid. ATTEST:County, Signature Florida, By Its Board of County Commissioners Print/type Name Clerk(or Deputy Clerk)Signat.ure Print/Type Name Its Chairperson(or Vice-Chairperson) Grantor(s)' Mailing Address: AT‐「EST Approved as to fbrm 8nd kgaliryCRYSTAL K. KTNZEL, CLERK BY:Assistant Corn y aGil Page 5 of 7 for Parcel 101.4 16.C.1.a Packet Pg. 39 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) FP. NO. 4258432 SECT■ON 03■75-000 PARCEL ■0■ LIMITED ACCESS RIGI{T OF WAY A) Thats portsion of Lot 5, Market. Center, a Replat of a Porlion of Gator Gate, Plat Book 7, Page 2 and a Port.ion of Gat.or Gate Unit 2. P1ats Book 7, Page 54 and a Su.bdivision of a Portion of the NortsheasL L/4 of Sectsion 3, Township 50 South. Range 25 Eas!, as per plat t.hereof recorded in Plat Book 41. Page 50, Pu-bfic Records of Collier County. Fforida. Being described as follows: commence aE t.he northeast corner of the northeast 1/4 of said Section 3, said point being on the survey base line of State Road 951, also known as Collier Bfvd.; thence afong the east line of said norEheasl l/4 and said survey base fine South 00050'27" WesE a distsance of 950.05 feets; tshence North 89042'59" WesE a distsance of 100.00 feet. t.o an intersect.ion wiEh Ehe west existing right of way line of said State Road 951 (per Section 03510-2602) and t.he norEheast. corner of said Lot. 6, for a POINT OF BEGINNING; t.hence along said west existing right of way line and the east line of said Lot 5, south 00050'27" wesL a distance of 329.05 feet. Eo the north exist.ing right of way line of Business Circle also known as Business Circle Nortsh lTract R-]- (per said plaE)J and the south line of said L,ot 6 and to the beginning of a curve having a radius of 25.00 feets; t.hence along said nort.h existing right. of way line and saj-d south line t.he arc of said curve t,o the right. a dist.ance of 8.59 feet t.hrough a central angle of 19040'44" w]-E]f a chord bearing South l-0o40'49,, west. to the end of said curve; thence North 01010'32" West. a distance of 95.73 feet to tshe beginning of a curve having a radius of 9,552.25 feeE; thence along the arc of said curve to the right a distance of 247.77 feeE through a central angle of Olo27' 01" with a chord bearing North 00027'01,, West to t.he nort.h line of said Lot 5 and to the end of said curve,. thence along said north line SouEh 89o42' 59" EasE a distance of 10.28 feet t.oIhe POINT OF BEGINNING. Containing 2,247 sqoare feet. Together with all rights of ingress, egress, Iight, air, andview between the grantor, s remaining property, if any, and anyfacilit.y construct.ed on E.he above described property, ALSO EXHIBIT ∥A∥ Page 6 of 7 for Parce■ ■o■.4 16.C.1.a Packet Pg. 40 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) RIGHT OF WAY B) That portion of Lot 5, Market Cent.er, a Replat of a portion of Gat.or Gate, Plat Book 7, Page 2 and a Portion of cator GateUnit 2, PlaE. Book 7, Page 54 and a Subdj-vision of a portion of tshe Northeast f/4 of Seclion 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, page GO, Public Records of Collier County, Florida. Being described as follows: Commence at the norEheast. corner of the northeasE 1/4 of said Section 3, said point being on the survey base fine of Stat.e Road 951, also known as Collier Bfvd.; tshence along Ehe eastline of said northe asE f/4 and said survey base line South 00050'27" WesL a disEance of 950.05 feet; t.hence Nort.h 89042.59,, west a distance of l-l-0.28 feet to a poj-nt on t.he north l-ine ofsaid Lot 6 and to the beginning of a curve having a radius of 9,552.25 fee! for a POINT OF BEGINNING, thence along Ehe arc ofsaid curve to the left. a distance of 24:- .'77 feeE through a cent.ral angle of O7.o27' 01" with a chord bearing South OOo27, Ol-,, East. t.o the end of said curvei thence South 01010,32,, E,asE a disEance of 95.?3 feeE. to the north existing right of way 1ineof Business Circle al-so known as Business Circle North lTract. R-1 (per said plat)l and to the south line of said Lot. 6 and the beginning of a curve having a radius of 25. OO feet, thence alongsaid north exist.ing right of way 1j-ne and said sout.h line thearc of said curve to Ehe righE a distsance of 27.22 feeX througha central angle of 52023' 15" wit.h a chord bearing South 51o42' 48" West. to the end of said curve,. thence Nort.h 5l-o25,59,, East. a distance of 3.50 feet; t.hence North 01034,46" East. a distance of 53.52 feeE; Ehence Nort.h 01010,32,, West a distanceof 55.57 feeE tso the beginning of a curve having a radius of 9,567.54 feet.; thence along the arc of said curve to the right. adistance of 242.15 feet through a central angle of OLo27,O!"with a chord bearing North 00027,01-,, West t.o said north l-j-ne ofLot 6 and to E.he end of said curve; thence along said north line SouEh 89042'59" East. a distance of 15.29 feeE to the POINT OF BEGTNNING. Containing 5.383 square feet.. Lega■ Description Richard M. ∥Mike∥ On October 9′ 20■8Approved by: Benton′ P.s.M. #6447 EXHIBIT ∥A∥ Page 7 of 7 for Parce■ ■01.4 16.C.1.a Packet Pg. 41 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 23-UTL.02-05/09 Date: March 25′ 2020 This instrument prepared under the direction of: Ange■a D. Tucker′ Chief Counsel Post Office Box ■249 City: Bartow′ F■orida 3383■―■249 Department of TranspOrtation F.P. N0 4258432 PARCEL ■04.2 SECTION 03■75-000 STATE ROAD 93(■-75) COUNTY Co■■ier SUBORD工 NAT■ON OF COUNTY UTILITY INTERESTS THIS AGREEMENT′ entered into this day Of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION′ hereinafter ca■■ed the FDOT′ whose post officeaddress is: Post Office Box ■249′ Bartow′ Florida 3383■―■249 and BOARD OF COUゝ rY COMMISSIONERS OF COLLIER COUNTY′ FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER DISTRICT′ Utility Agency organization′ hereinafter called the Utility. W工 TNESSETH: WHEREAS, the Utilit.y presentl-y has an interest in certain lands that have been deEermined necessary for highway purposes; and WHEREAS, t.he proposed use of these lands for highway purposes wiII require subordination of t.he interest claimed in such lands by UtiliEy to the FDOT; and WHEREAS′ the FDOT is wi■■ing to pay to have the uti■ity's faci■ities relocated if necessary to prevent conf■ict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideratj-on of E.he mutual covenants and promises of Ehe parties hereto, Utility and FDOT agree as fol-1ows: Utility hereby subordinates tso lhe interest of FDOT, its successors, or assigns, any and al,l, of its int.erest. in the lands as fo11ows, viz: SEE EXHIBIT ::A:: Page 1 of 7 for Parcel 104.2 16.C.1.a Packet Pg. 42 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) RECORDED INSTRUMENT DATE FROM TO 0。R. B00K/PAGE Uti■ity Easement 03-20-06 Victoria Estates, Ltd., a Florida limited partnership; Walden Avenue- Blend-A11 Hotel Development, fnc., a New York corporation; Ranger-1, L.L.C., a Florida limited liability company; RB-3 Assocaties, a New York g'eneral partnership; Randall Benderson, Ronald Bendersona and David H. Baldauf as trustees under a trust agreement dated October 14, 1985, known as the Benderson 85-1 Trust; Buffalo-Greenbriar Associates, LLC, a New York limited liability company; and Ronald Benderson and David H. Baldauf as Trustees under a Trust Agreement dated September 22, 1,993, known as the Randall Benderson 1993-1 Trust; Randall Benderson and David H. Haldauf, Trustees under a Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust; and WR-l- Associates, Ltd., a Florida limited partnership Board of County Commissioners of Collier County, Florida as the governing body of Collier County and as ex-officio the governing board of the Collier County Water- Sewer District OR PG 40■38■ Deed of Utility Easement 03-■3-08 Davis Crossings, LLC; Davis Crossings fI, LLC; Davis Crossings III, LLC; Davis Crossings IV, LLC; Davis Crossi-ngs V, LLC; Davj-s Crossings Vf, LLC; Davis Crossings VII, LLC; Davis Crossings VIII, LLC, each a Florida limited liability company Board of County Commissioners of Collier County, Florida as the governJ-ng body of Collier County and as ex-officio the governing board of the Collier County Water- Sewer District OR 4546 PG 928 Page 2 of 7 for Parcel 104.2 16.C.1.a Packet Pg. 43 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 3. PROVIDED thats the Utility has the following rights: 1.The Utilit.y shall have the right. to construct., operate, mai-ntain, improve, add to, upgrade, remove, and relocaEe facilit.ies on, within, and upon Ehe lands described herein in accordance with t.he FDOT's current minimum slandards for such facilities as reguired by the FDOT Utility Accommodation Manuaf in effect at tshe t.ime the agreement is execut.ed. Any new construction or relocation of facilities within t.he lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocaEion of facilities by the Utility or require the Utility to a1Eer, adjust, or reLocate it.s facilities located within said lands, the FDOT hereby agrees to pay the costs of such al-terat.ion, adjustment., or relocatj-on, including, but not limited to the cost of acquirj-ng appropriate easements. Notwithstanding any provisions seE forth herein, the Eerms of the utility permits sha11 supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. The Ut.il-iEy sha11 have a reasonabfe right to enter upon t.he lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such t.rees, brush, and growth which might endanger or interfere with such facilities, provided that such right.s do noE. interfere wj-t.h the operat.ion and safety of the FDOT ' s facilities. The Ut.ility agrees to repair any damage to FDOT faciliEies and to indemnify tshe FDOT against any lossor damage resulling from the UEility exercising it.s rights ouElined in Paragraphs 1 and 3 above. Page 3 of 7 for Parcef 104.2 16.C.1.a Packet Pg. 44 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WIrNESS WHEREOF, tshe FDOT hereEo has executed this agreement. on the day and year first above written. Executed in our presence STATE OF FITORIDA as wil,nesses: DEPARTMENT oF TRANSPORTATION By: S ignature DisErict Sec re t.ary/Des ignee for Dist.rict One Print/Type Name Legal Revj-ew: S ignature Print/Type Name STATE OF FLORIDA COUNTY OF Department. AEEorney The foregoing instrument. was acknowledged before me by means of physical presence or online notarizat.ion, this _ day of ′ 20___ byDisErict Secretary/Designee for Dist.rict One. He is personally known to me or has produced as identification. (Affix Seal/Stsamp here) Not.ary signat.ure: Pri-nted Name : Notary Public j-n and for t.he County and State last aforesaid. My Commission Expires : Serial No.: Page 4 of 7 for parce■ ■04.2 16.C.1.a Packet Pg. 45 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) fN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. ATTEST:County, Signature Florida, By fts Board of County Commissioners Print/Type Name Clerk(or Deputy Clerk)Signature Print/T1pe Name Its Chairperson(or Vice-Chairperson) Grantor (s)' Mailing Address: ATTEST CRYSTAL K. KINZEL, CLERK Approvcd as to tbrm arrrl hgulity BY: Assistant County AttoLncy Page 5 of 7 for parcel L04.2 16.C.1.a Packet Pg. 46 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) FP. NO. 4258432 SECT■ON 03■75-000 PARCEL ■04 LIMITED ACCESS RIGHT OF WAY A) That portion of TracE 1, Gator GaEe, as per plat. thereof recorded in Plat Book 7, Page 2, and that port.ion of TracL 2, Gator GaCe Unit 2. as per p1at. t.hereof recorded in P1at. Book 7, Page 54, all being of Public Records of Coflier County, Florida, boEh subdivisions lying in Section 3, Township 50 South, Range 25, EasE, Collier County, Florida. Bei-ng more particufarly described as follows: Commence aE lhe northeast. corner of the northeast 1/4 of said Sect.ion 3, said point being on t.he survey base line of St.ace Road 951, also known as Collier Blvd; thence along said survey base line South 00050'27" WesL a dist.ance of 950.05 feeE; Ehence NorEh 89042'59" West. a di-sEance of 100.00 feet. t.o an interseclion with the west. existing ri-ght of way line of said State Road 951 (per Sectsion 03510-2502) and the southeast corner of Gator Gate subdivision (per Market Center, a replat. of aportion of Gator cate, Plat Book 7, Page 2 and a portion of cator Gat.e Unit. 2, Plat Book 7, Page 54 and a subdivj-sj-on of aportion of t.he nort.heast 7/4 of Section 3, Township 50 Sout.h, Range 26 East. as per plaE thereof recorded in Plat Book 41, Page 50, Public Records of Collier County, Florida) for a POINT OF BEGINNING; thence along the souEh lj-ne of said Gator Gate subdivision continue North 89042'59" West. a distance of 10.28 feet to the beginning of a curve having a radius of 9,552.25feet; Ehence along the arc of said curve to the right a distanceof 257.71 feet Ehrough a cent.ral angle of O1o32,45" wiE.h a chord bearing North 01002'51" East Eo the end of said curve; thenceNorth 03059'l-5" EasE a distance of 148.52 feet. t'o the southexist.ing right of way line of Davis Bl_vd. to Collier B1vd. Ramp(per Offi.cial Records Book 5202, page 2844, public Records ofCollier County, Fl-orida) and the beginning of a curve having aradius of 865.71 feet; t.hence along said south existing right ofway line the arc of said curve to t.he right. a distance of 3.23feet. t.hrough a central angle of 00012,51,, wj-th a chord bearing South 20042'40" East t.o said west existing right of way 1ine ofstat.e Road 951 and the east line of said Gator cate Units 2 (persaid Market Center plat) and lhe end of saj-d curve; thence alongsaid west existing right. of way line and said east line South00050'27" WesL a distance of 351.9? feet to the southeasE cornerof said cat.or cat.e Unit 2 subdivision (per said Market Center p1ats) ; thence along the eas! line of Gat.or Gate subdivision (persaid Market. Center plat) and continue along said west existingright of way line Sout.h OOo5O'27,, WesE a distance of 51.02 feerTo The PO]NT OF BEGINNING. Containj-ng 3,458 square feet EXHIBIT "A" Page 6 of 7 for Parcel ■04 16.C.1.a Packet Pg. 47 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) ALSO RIGHT OF WAY B) That portion of Tract. 1, catsor cate, as per plat thereof recorded in PIat Book 7, Page 2, and that port.ion of Tract 2, cator Gate Unit. 2, as per plat thereof recorded j-n Plat Book T, Page 54, all being of Public Records of Collier County. Florida, botsh subdivisions lying in Sectsion 3, Township 50 South, Range 25, Easlc, Collier County, Florida. Being more particu■arly described as follows: Commence at the northeast corner of the northeast ■/4 of said Section 3′ said point being on the survey base ■ine of state Road 95■′ a■so known as Co■■ier Blvd′ thence along said survey base ■ine South 00050′27″ West a distance of 950.05 feet′ thence North 89。42′59″ West a distance of ■■0.28 feet to a point on the south line of said Cator Cate subdivision (per Market center′ areplat of a portion of Gator Gate, Plat Book 7′ Page 2 and aportion of Gator Cate Unit 2′ P■at Book 7′ Page 54 and asubdivision of a portion of the northeast ■/4 of Section 3′Township 50 South′ Range 26 East′ as per p■at thereof recorded ■n P■at Book 4■, Page 60′ Public ReCords of Col■ier county′ Florida)for a POINT OF BEGIヽ NING′ thence along said south linecontinue North 89042′59″ West a distance of 40.82 feet′ thenceNorth ■3005′22″ East a distance of 68.05 feet, thence North 00006′25″ East a distance of 428.33 feet to the south existing right of way ■ine of Davis B■vd. to Collier Blvd. Ramp (per Officia■ Records Book 5202, Page 2844, Pub■ic Records of c。1lier County′ F■orida)and the beginning of a curve having a radius of 865.7■ feet′ thence along said south existing right of way linethe arc of said curve to the right a distance of 97.40 feet through a centra■ ang■e of o6。26′46″ with a chord bearing sOuth 24002'29″ East to the end of said curve, thence South o3059′■5″West a distance of ■48.62 feet to the beginning of a curve having a radius of 9′552.25 feet′ thence along the arc of saidcurve to the ■eft a distance of 257.7■ feet through a central ang■e of O■032′45″ with a chord bearing south o■Oo2'5■″ West tothe end of said curve and to the pO■NT OF BECINNING. Containing ■4′498 square feet. Lega■ Description Approved by: Richard M. ∥Mike∥ Benton′ P.s.M. #64470n 」anuary 29′ 2■08 EXHIBIT ∥A" Page 7 of 7 for Parce■ ■04.2 16.C.1.a Packet Pg. 48 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 23 -UTL. 02- 05 / 09 Date: Marc}) 25, 2020 This instrument prepared under the direction of: Angela D. Tucker, Chief Counsel Post Office Box 1249 City: Bartsow, Florida 33831--1249 Department of TransporEat.ion F.P. NO. 4258432 PARCEL ■05.2 SECT■ON 03■75-000 STATE ROAD 93(I-75) COUNTY Co■lier SUBORD工 NAT■ON OF COUNTY UT■LITY 工NTERESTS THIS AGREEMENT, entered into t.his day of 20___′ by and between the sTATE OF FLORIDA DEPARTMENT OF TRANSPORTAT工 ON′ hereinafter called the FDOT′ whose post officeaddress is: Post Office Box ■249′ Bartow′ Florida 3383■―■249 and BOARD OF COUヽ TY COMMISSIONERS OF COLLIER COUNTY′ FLORIDA′ AS THE COヽ ′ERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO COVERNING BOARD OF THE COLLIER COUNrY WATER―SEWER DISTRIC=′ Uti■ity Agency Organization′ hereinafter called the Utility. W工 TNESSETH: WHEREAS′ the Utility present■y has an interest in certain lands that have been dete.lllined necessary for highway purposes′ and WHEREAS′ the proposed use of these lands for highwaypurposes wi■■ requ■re subordinatiOn of the interest c■aimed insuch ■ands by Utility to the FDOT, and WHEREAS, Ehe FDOT is willing to pay t.o have the ut.iIit.y,sfacilitles rel-ocated if necessary t.o prevent conf 1j-c! betweenthe facilities so that the benef iE.s of each may be ret.ained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree asfol lows : Utility hereby su.bordinates Eo the interest of FDOT, it.ssuccessors, or assigns, any and afI of its int.erest in the landsas folIows, viz: SEE EXHIBIT ■A:: Page 1 of 6 for parcel 105.2 16.C.1.a Packet Pg. 49 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) INSTRUMEN r DATE FROM TO O.R. B00K/PAGE Order of Taking for permanent utility easement 04-■7-06 A. I., . Petroleum, Inc. . et aI . Board of CounEy Commissioners of Collier County and as Ex-Officio Governj-ng Board of the C,overnj-ng Body of Collier Cor-rnty water-Sewer Dislrict OR 402■ PG 227■ Sts ipulaced Final ,fudgmenE for permanent. uEil j-Ey easement 06-2■-06 A.L. Pet.roleum, Inc. , et a1 . Board of CounEy Commi-ssioners of Collier County and as Ex-Officio Governj-ng Board of the Governing Body of Collier County water-Sewer District. OR 4062 PG 95 RECORDED PROVIDED thaE the Utility has the following rights: l-. The Utility sha1l have tshe rights t.o construct, operate, maintain, improve, add to, upgrade, remove, and relocat.e facilities on, within. and upon the lands described herein in accordance wit.h t.he FDOT'S current minimum standards for such facj-lities as required by the FDOT Ut.ility AccommodaE.ion Manual in effect. at the Eime the agreemenE is executed. Any new construclion or relocation of facilities within tshe l-ands will be subject Eo prj-or approval by the FDOT. Should tshe FDOT fail to approve any new construction or relocation of facilities by the UtiliEy or require the Utility to a1ter, adjust, or relocaEe iEs facilj-tsies located within saj-d 1ands, the FDOT hereby agrees to pay the cost of such aIleration, adjustsmen!, or relocation, including, but not limited to the costs of acquiring appropriate easementss. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shaI1 supersede any contrary provisions, with the exception of the provision herein with reimbursement. rights. 3. The UEility shaI1 have a reasonable right to enter upon tshe lands described herein for the purposes outlined in Paragraph 1 above. including the right Eo Erim such t,rees, brush, and growlh which might. endanger or int.erfere wit.h such faciliEies, provided that. such right.s do noE interfere wiEh the operat.ion and safet.y of the FDOT's facilities. Page 2 of 5 for Parcel 105.2 16.C.1.a Packet Pg. 50 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 4. The Utility agrees to repair any damage to FDOT facilitsies and to indemnify the FDOT against any loss or damage resultsing from the Utility exercising its rightss outlined in Paragraphs 1 and 3 above. Page 3 of 6 for Parcef 105.2 16.C.1.a Packet Pg. 51 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF′ the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence sTATE OF FLORIDA as witnesses: DEPARTMENT OF TRANSPORTATION By: Signat.ure Distrj-ct Secretary/De s i gnee for Dist.rict One Print/T)4>e trtame Leg'af Review: S ignat.ure Print/Type Name STATE OF FLORIDA COUNTY OF Department Attorney The foregoing instrument was acknowledged before me by means of physical- presence or _online notarization, this _ daw .tf _ 20_ h1, Dist.rict. Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Not.ary Signature: Print.ed Name : Notary Publ-ic in and for t.he Count.y and Stat.e last aforesaid. My Commission Expires : Serial No.: Page 4 of 6 for Parcel l-05.2 16.C.1.a Packet Pg. 52 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF. the County has caused these presents Eo be execut.ed in iEs name by its Board of CounEy Commissioners acting by the Chairperson or Vice -Chairperson of said Board, the day and year aforesaid. ATTEST:County. S igmature Florida, By Its Board of County Commi s s ioners Print/Type Name Clerk(or Deputy Clerk) Signature Print./Type Name Its Chairperson(or Vi ce - Chai rperson ) Grantor (s) ' Mailing Address: AT「EST CRYSTAL K KINZEL,CLERK BY: Appmved as lo lbrm an(l le8rlrly ♪t♂で Page 5 of 6 for Parcel 105.2 16.C.1.a Packet Pg. 53 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) FP. NO. 4258432 SECTION 03■75-000 PARCEL ■05 LIMITED ACCESS RIGHT OF WAY LINE A) All rights of egress, ingress, light, air and view between the grrant.or's remaining propert.y and a L,imited Access right of way line lying in Section 3, Township 50 South, Range 2G East., Co11ier county, Florida. Being described as follows: Commence at the nort.heast. corner of the northeast 1/4 of said Section 3, said point. being on the survey base line of State Road 951 (Co11ier Blvd) ; thence along the easE line of said nort.heasE l/4 arLd said survey baseline South 00050,27,, WesE a distance of 450.98 feet; thence Nort.h 89009,33,, west a distance of 100.00 feeE Eo Ehe west existing right of way line of said State Road 951 (per Section O35lO-2502) t.o BEGIN said Limited Access righE of way line; thence along sald west existing right of way line Nort.h 00050'27" EasL a dislance of 321,.37 feet to END said Limited Access right of way 1ine. ALSO LIMITED ACCESS RIGHT OF WAY LINE B) AIl righls of egress, ingress, 1ight, air and view bet.ween t.he grantor's remaining property and a L,imit.ed Access right of way line lying in Sect.ion 3, Township 50 SouEh, Range 26 East., Collier County, Florida. Being described as follows: Commence at the northeast corner of t.he nortsheast 1/4 of said Section 3, said point being on t.he survey base fine of Stat.e Road 951- (Collier Blvd) ; thence along the easE Ij-ne of said northeast L/4 arld said survey baseline South 00o50,27,, west a distance of 50.00 feet; t.hence North 89043,23,, West a distance of 100.00 feet to the west existing right. of way line of said State Road 951 (per Sect.ion 03510-2602) Eo BEGfN said Lj-mited Access right of way line; thence along said west. existj-ng right of way line South 00050'27" Wesl a distance of 4L.29 feet !o END said Limiled Access right. of way 1ine. Legal Description Approved by: Richard M. ∥Mike∥ Benton′ P,S.M. +6447 0n 」anuary 29′ 20■8EXHIBIT ∥A∥ Page 6 of 6 for Parcel ■05.2 16.C.1.a Packet Pg. 54 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 23-VTr.,.Ot-06/93 DaEe: l(arcl]- 25, 2020 This instsrument prepared under the direction of: Angela D. Tucker, Chief Counsel Post office Box L249 City: Bartow, Florida 3 3 831- 124 9 Departsments of Transportation F.P NO. 4258432 PARCEL 70■.4 SECTION 03■75-000 STATE ROAD 95■ COUNrY Co■■ier SUBORDINATION OF UT工 L工 TY 工NTERESTS FOR TEMPORARY EASEMENTS THIS AGREEMENT′ entered into this day of 20 ′ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION′ hereinafter ca■■ed the FDOT′ whose pOst office address is: Post Office Box ■249′ Bartow′ F■orida 3383■―■249 and BOARD OF COUNTY COMMISS■ONERS OF COLLIER COUNTY′ FLORIDA AS THE GOVERNING BODY OF COLLIER COUNrY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER D■STRICT′ Utility Agency organization′ hereinafter called the Utility. W工 TNESSETH: WHEREAS′ the Uti■ity presently has an interest in certain lands that have been deteェ ∥lined necessary for highway purposes′ and WHEREAS, the proposed use of lhese l-ands for highway purposes will require subordinatj-on of the interest. claimed in such lands by UEility to the FDOT; and WHEREAS, Ehe FDOT is willing tso pay to have Ehe Utilj-ty,sfacilitj-es relocat.ed j-f necessary to prevent confl_j-ct betweenthe facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of t.he mutual covenants and promj-ses of the parEies hereto, Utility and FDoT agree asfol lows : UEility hereby subordinates to the int.erest of FDOT, itssuccessors, or assig-ns, any and all of i.t.s interest. in the landsas foI1ows, viz: SEE EXHIBIT ■A■ It is understood and agreed by the parties hereto that the rights granted herein sha■l teェ lllinate upon cOmp■etiOn of thistransportatiOn project′ but no later than the 24th day of September′ 2028. Page ■ of 6 for Parce1 701.4 ① 16.C.1.a Packet Pg. 55 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) RECORDED INSTRUMENT DATE FROM TO 0.R. B00K/PAGE Utility Easement 03-20-06 Randal■ Benderson and David H. Baldauf′ as Trustees under a Trust Agreement dated December 29, ■995′ known as the Ronald Benderson ■995 Trust′ and WR―IAssociates′ Ltd.′ a Florida limited partnership Board of County Commiss ioners of Collier Countsy, Florida, as the Governing Body of Col-Iier County and as Ex-Officio the Governing Board of the Collier County waE.er- Sewer District' OR 40■3PG ■23 ■.PROVIDED that the Utility has the following rights: The UtsiliEy sha11 have t.he right. Eo construct, operate, maintain, improve, add Eo. upgrade, remove, and relocatse facilities on, within, and upon the lands described herein in accordance wiEh the FDOT's current minimum stsandards for such facilities as reguj-red by the FDOT Ut.iliEy Accommodation Manual in effect at. the time the agreement is executed. Any new construct.j.on or relocation of facilities within the lands will be subjecE Eo prior approval by tshe FDOT. Should t.he FDOT fail to approve any new construction or relocaEion of facilities by the Util-ity or require t,he Utility to alter, adjust, or relocat.e its facilit.ies locaEed wj-t.hin said lands, the FDOT hereby agrees E.o pay the costs of such alteration, adjustment., or relocation, including, buE not l-imitsed to the cost of acquiring appropriate easements. Notwithstsanding any provisj-ons sets forth herej-n, Ehe terms of tshe utiliEy permj-ts shaI1 supersede any contrary provisions, with the exception of the provision herein wit.h reimbursement rights. The Utilitsy shaff have a reasonable right. to enter upon the lands described herein for the purposes outlined in Paragraph L above, includj-ng the right. to lrim such trees, brush, and growt.h which might endanger or interfere wit.h such facilities, provided that such rights do not. interfere wiE.h the operat.ion and safety of the FDOT's facilities. The Utsilitsy agrees to repaj-r any damage t.o FDOT facilit.ies and to indemnify t.he FDOT against any loss Page 2 of 5 for Parcel- 701.4 16.C.1.a Packet Pg. 56 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) or damage resulting from the Utsility exercising iEs rights outl-ined in Paragraphs 1 and 3 above. Page 3 of 5 for Parcel 701.4 16.C.1.a Packet Pg. 57 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF′ the FDOT hereto has executed this agreement on the day and year first above written Executed in our presence as witnesses: s ignature By: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary/Designee for District One Prj-nt /Type Name Legal Review: S ignature PrinE/Type Name Department. AEtorney STATE OF FLORIDA COUNTY OF The foregoing inst.rument was acknowledged before me by means of physical presence or online notarization, this _ day of ′ 20 byDist.rict Secret.ary/Designee f or District One. He is personally known to me or has produced as identification. (Af fix Seal/St.amp here) Notary Sigrrature: Printed Name : Not.ary Pu-bl-j.c in and for the County and State last aforesaid. My Commission Expires: Serial No.: Page 4 of 6 for Parce1 701.4 16.C.1.a Packet Pg. 58 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) ‐‐_fN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. ATTEST:County, Sj-gnature Florida′ By lts Board of County Comm■ss■oners Print/Type Name Clerk(or Deputy Clerk) Signature Print/Type Name Its Chairperson(or Vice-Chairperson) Grantor (s)' Mailing Address: ATTEST CRYSTAL K.KINZEL,CLERK BY: Approvedas to tbrm and lcgalitY Page 5 of 6 for Parcel 701-.4 16.C.1.a Packet Pg. 59 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) FP NO. 4258432 SECTION 03■75-000 PARCEL 70■ TEMPORARY CONSTRUCTION EASEMENT That portion of Lot 5′ Market Center′ a Replat of a Portion of Gator Gate′ P■at Book 7′ Page 2 and a portion of Gator Cate Unit 2, Plat Book 7′ Page 54 and a Subdivision of a Portion of theNortheast ■/4 of Section 3′ Township 50 South′ Range 26 East′ as per p■at thereof recorded in Plat Book 4■, Page 60, Pub■ic Records of Co■■ier County′ Florida. Being described as follows: Commence at the northeast corner of the northeast ■/4 of said Section 3′ said point being on the survey base line of State Road 95■′ a■so known as Co■■ier Blvd.′ thence along the eastline of said northeast ■/4 and said survey base line South 00。50'27″ West a distance of ■′608.23 feeti thence South 89。20′■■″ West a distance of ■23.33 feet to a point on the south line of said Lot 5 for a POINT OF BECINNING, thence continue South 89。20′■■″ West a distance of ■9.77 feet′ thence North 0004■'49″ East a distance of 234.36 feet to the south right of way line of Business Circ■e also known as Business Circ■e North [Tract R―■ (per Said p■at)] and the north ■ine of said Lot 5, thence along said south right of way ■ine and said north ■ine North 89。■4′■0″ East a distance of ■7.94 feet′ thence South 44045′47″ East a distance of 7.52 feet′ thence South O■。34′46″ West a distance of 229.■O feet to the POINT OF BECINNING. Containing 5′04■ square feet. Legal Description Approved by: Richard M. ∥Mike∥ Benton′ P.S.M. #6447 0n August 22′ 20■8EXHIBIT ∥A" Page 6 of 6 for Parce1 70■.4 16.C.1.a Packet Pg. 60 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) 23 -UTL.0r-O6 / 93 DaEe: Marc}r 25, 2020 This insErument prepared under the direction of: Angela D. Tucker, Chief Counsel- Post Office Box a249 CiEy: Bartow, Florida 33831-1249 Department of Transportation F.P. NO. 4258432 PARCEL 702.4 SECTION 03■75-000 STATE ROAD 95■ COUNTY Co■■ier SUBORDINATION OF UT工 LITY INTERESTS FOR TEMPORARY EASEMENTS THIS AGREEMENT′ entered into this day of 20___′ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION′ hereinafter called the FDOT′ whose post office address is: Post Office Box ■249′ Bartow′ Florida 3383■―■249 and BOARD OF COUNTY CONIMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER DISTRICT′ Uti■ity Agency organization′ hereinafter called the Utility. WITNESSETH: WHEREAS′ the Utility presently has an interest in certain ■ands that have been dete■∥lined necessary for highway purposes, and WHEREAS′ the proposed use of these ■ands for highwaypurposes will require subordination of the interest claimed in such lands by Uti■ity to the FDOT′ and WHEREAS, the FDOT is willj-ng ro pay to have the Utilj-ty'sfacilities relocated if necessary, to preven! conflict betweenthe facilit.ies so EhaE the benef it.s of each may be ret.ained. NOW, THEREFORE, in consideration of t.he mutual covenants and promises of t.he part.ies heret.o, Ut j-Iit.y and FDOT agree asfol lows : UE.ility hereby subordinates to E.he interest. ofsuccessors, or assigns, any and all of its interesEas fo1Iows, viz: FDOT′ its in the ■ands SEE EXHIBIT "A■ It is understood and agreed by the parties hereto that the rights granted here■n sha■■ te.Ht■nate upon comp■etion of thistransportation pr。]ect′ but no ■ater than the 24th day OfSeptember′ 2028. Page 1 of 6 for parcel 702.4 16.C.1.a Packet Pg. 61 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) RECORDED INSTRUMENT DATE FROM TO 0.R. BOOK/PAGE Utility Easement 03-20-06 Randal■ Benderson and Dav■d H. Ba■dauf′ as Trustees under a Trust Agreement dated December 29′ ■995, known as the Rona■dBenderson ■995 Trust′ and WR―工 Assoc■ateS′ Ltd.′ a F■orida ■imited partnership Board of County Commi ss ioners of Coflier County, Florida, as tshe Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water- Sewer District OR 40■3PG ■23 PROVIDED that the Ucility has Ehe following right.s: ■.The UEility shall have the right to construct., operate, maintain, improve, add to, upgrade, remove, and refocate facilit.ies on, within, and upon the l-ands described herein in accordance with the FDOT's current. mj-nimum stsandards for such facj-Ij-ties as required by the FDOT Ut.i1it.y Accommodation Manual in effect at tshe tsime the agreemenE is executed. Any new const.ruction or relocation of facilities within the lands will be subject to prior approval by t.he FDOT. Should t.he FDOT fail to approve any new construction or relocation of facilities by lhe Utility or require the Utility to al-E.er, adjust, or relocat.e its facilities located within said lands, the FDOT hereby agrees t.o pay the cost of such alteration, adjustment., or relocation, including, buE not limit.ed t.o the cost of acquiring appropriat.e easements. Notwithstanding any provisi-ons set forth herein. Ehe terms of t.he ut.ifity permits shal] supersede any contrary provisions, with the exception of theprovision herein with reimbursement rights. The Ut,ility sha1I have a reasonable right to enter upon Ehe Lands described herein for the purposes outlined in Paragraph 1 above. including t.he right totrim such trees, brush, and growt.h which might endanger or interfere with such facilities, provided that such rights do not interfere with the operaEion and safeEy of the FDOT's facilities. The Ut.j.lity agrees to repair any damage to FDOT facilities and t.o indemnify the FDOT against any loss Page 2 of 5 for ParceT '702.4 16.C.1.a Packet Pg. 62 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) or damage resulting from Ehe UEility exercising its rights outlj-ned in Paragraphs l- and 3 above. Page 3 of 6 for parcel 702.4 16.C.1.a Packet Pg. 63 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF′ the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence as wiEnesses: S ignature Print./Tl4)e Name S ignature Print/Type Name STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: DisErj-ct Secretary/Designee for District One Legal Review: Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or _online notarizaE.ion, Ehis _ day of ′ 20___by DisErict Secret.ary/Designee f or Districts One. He j-s personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Pub1ic in and for t.he CounEy and Stat.e fast aforesaid - My Commission Expires : Serial No.: Page 4 of 5 for PaYcel- 702.4 16.C.1.a Packet Pg. 64 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) IN WITNESS WHEREOF, the CounEy has caused these presents to be executed in its name by its Board of countsy Commissioners acting by the Chairperson or Vice - Chairperson of said Board. E.he day and year aforesaid. ATTEST:CounEy, s ignaEure Florida, By Its Board of Count.y Commi s s ioners Print/T].?e Name Clerk (or Deputy Clerk) Signature Print/T)rpe Name Its chairperson(or Vice - Chairperson) Grantor(s) ' Mailing Address : AT「EST CRYSTAL K KINZEL,CLERK BY: Page 5 of 6 for Parcel 702.4 16.C.1.a Packet Pg. 65 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements) FP. NO. 4258432 SECTION 03■75-000 PARCEL 702 TEMPORARY CONSTRUCTION EASEMENT That portion of Lot 6′ Market Center′ a Replat of a Portion of Gator Gate′ Plat Book 7, Page 2 and a portion of Gator Gate Unit 2′ Plat Book 7′ Page 54 and a Subdivision of a Portion of theNortheast ■/4 of Section 3′ Township 50 South′ Range 26 East′ as per p■at thereof recorded in Plat Book 4■, Page 60′ Pub■ic ReCOrds of Collier County′ Florida. Being described as fo■■ows: Commence at the northeast corner of the northeast ■/4 of said Section 3′ said point being on the survey base line of state Road 95■′ alSo known as Co■■ier Blvd., thence along the east ■ine of said northeast ■/4 and said survey base line south 00。50'27″ West a distance of 950.05 feet′ thence North 89042′59″ West a distance of ■25.57 feet to a point on the north ■ine of said Lot 6 and the beginning of a curve having a radius of 9′567.54 feet for a POINT OF BECINNING, thence a■ong the arc of said curve to the ■eft a distance of 242.■6 feet through a centra■ ang■e of O■。27'0■″ with a chord bearing South oo。27'0■″ East to the end of said curve′ thence South o■0■o′32″ East a distance of 55.67 feeti thence South O■。34′46″ West a distance of 53.62 feet′ thence South 5■025'59″ West a distance of 3 50 feet to the north existing right of way line of Business circ■ealso known as Business Circle North [Tract R―■ (per said Plat)]and the south ■ine of said Lot 6 and to the beginning of a curve having a radius of 25.00 feeti thence along said north existing right of way ■ine and said south line the arc of said curve to the right a distance of 2.76 feet through a central ang■e of 06。■9′44″ with a chord bearing south 86004′■8″ West to the end of said curve′ thence continue a■ong said north existing right of way line and said south line south 89。■4′■0' West a distance of ■4.34 feet, thence North O■0■o′32″ West a distance of 354.■6feet to said north line of Lot 6′ thence a■ong said north ■ine South 89042′59″ East a distance of 25.53 feet to the PO■NT OFBECINNING. Containing 8′■■7 square feet. Lega■ DescriptiOn Richard M. "Mike∥ On October 9′ 20■8Approved by: Benton′ P.s.M. #6447 EXHIBIT "A" Page 6 of 6 for Parce■ 702.4 16.C.1.a Packet Pg. 66 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)