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Parcel 134RDUE INSTR 59 0 PROJECT: CTS—Siena Lakes RECORDED 6023583/ OR 21 1 PG M PAGES 3/23/2021 11:09 AM PAGES 3 Parcel: 134RDUE CLERK OF THE CIRCUIT COURT AND COMPTROLLER Folio: Portion of 00235480000 COLLIER COUNTY FLORIDA REC$27.00 This instrument prepared by: Florida Power&Light Company P.O.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS kh �yy� _ '_ THIS AGREEMENT,entered into this IZday of f fl 2021,by and between COLLIER COUNTY,a political subdivision of the State of Florida,hereinafter called the"County",and FLORIDA POWER&LIGHT COMPANY,a Florida Corporation,whose mailing address is P. O.Box 14000,Juno Beach,Florida 33408,hereinafter called"Utility". WITNESETH: WHEREAS, the Utility presently 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 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 RECORDED BOOK,PAGE FPL Easement 7-17-2018 OR 5533 PG 2923 The County and the Utility further agree that: 1. "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. 3. 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 ensure access to said lands by the Utility. 5. 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. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. A 1"1'EST: ' ''"lr',- BOARD OF 0 I TY COMMISSIONERS CRYSTAL IC KINZEL,Clerk of the COLLIER O? ,FLORID Circuit Court &Comptroller bOktkl LL—�m1anePuer BY: Attest as t0 k PENNY TAYLafetAeg ,CHAIRPERSON signature only. Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: By: ByC_ Y . Title: Are Real Estate Mana er Print Name: i P:,Ste+ g4 ( Print Name: Peter K. Ramsey By: Print Name: .1)*}UL -?1 frLrNCJ (Corp. Seal) STATE OF FLORIDA, COUNTY OF SARASOTA I hereby ertify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared by means of physical presence or❑ online notarization Peter K. Ramsey,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 Area Real Estate Manager of the Florida Power& Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid thisl day of li Qrd ,2021. (affix notarial seal) /jar„i iSaf2L44444., ( ignature of Notary Public) L ,� r,,, STACY B. WINNUBST gtmcyB.Winnubst Notary Public-State of Florida. *E Commission*GG 341822'`` My Commission Expires (Print Name of Notary Public) "'� tip„��`' ,1un•off, .00 202� — __as Serial/Commission# (if any):( 3iti`6 22-- My Commission Expires:J'Ant LA, 2O23 Approved as to form and legality: Jennifer A. Belpedio 3� Assistant County Attorney 2 FPL Subordination Agreement Last revised:03/2o/20i3 3 EXHIBIT _A I �/+� ,odz.0 ig Paos.......I... �0,��¢`•. ..O Q GO� o Z= In 'r co W� a,= o m a -, i S Q of Z ,d W, `J` 1.,_• O\ ' O •' '• �� ' U oo o io I -, il ......• ss� °.. `V ae CO Q N d- d- L. 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Z 1 O Z zz W03Nw00 OO .dZ Y � O o m 2 v m -I ZZU w ¢ U W u O Z m N N Q 0 4 3 z o II Ups v)oi.1Z� 2c"czci= Cz = ii z JpJ wO' Z� dUO OCJ a'Z ~ w m w W CC Q Z ¢ ¢i_ w O i: Z 1-� Z 0 L.1=ix cn U O ' U m .- O 4= OC o F-Ow I N CO W m S ri _ = w U O=U Z� UZ OZO , W is ~O = a o vsi w w U U W L''I= Z J�' •N Co o Z Z (n o w o fj U CL' W 3 �?� Z W O N w Z O C7 wzvlo Z Q a J m� I Z l z �� �w aFwao_CC L.I Z �� O ACC O Z Q> U W ›.= Z O a w 0 00 1 1l1 1 - 0 UU- W I 0,--3 rd J QU UZ CC CO CC C3 CC (/)O NI- Com Z=zo¢'_� Nwo N IP.°N' Rq p'llold LIAOf-6IOZ'SZ h0 q^m(o1:qol 6xpa6om0(21.5-1n3N10);15\6I-11-01 no....w\S3NJ13NS\MVO\Scog IOZ\SIOZ\:N i- I 1 PROJECT: CTS- Siena Lakes PARCEL: 134RDUE FOLIO: Portion of 00235480000 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this 3074 day of M 14QCi{ 202 , by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, 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"), and COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware limited liability company, 7201 North Federal Highway, Boca Raton, FL 33487, Attn:Xfinity Communities, it successors and assigns(hereinafter referred to as"Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof(hereinafter referred to as the"Property"): and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way,sidewalk,utility,drainage and maintenance purposes;and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk,utility,drainage and maintenance requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW,THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, maintaining and operating road right of way, sidewalk, utility, drainage and maintenance over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Grant of Easement 02/08/2020 OR Book 5888,Page 2227 ;A 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush,and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COU MMISSIONERS DWIGHT E. BROCK, Clerk COLLIER C TY, FL I iR BY: J/ , Deputy Clerk Rick LoCastro, Chairman Signed,sealed and delivered COMCAST CABLE COMMUNICATIONS in our presence as witnesses: MANAGEMENT, LLC, rr a Delaware limited liability company By: COMCAST CABLE COMMUNICATIONS, VVVWWWTNESS (Signature) LLC, a Delaware limited liability company, its Name:SA�C't'�e EiU?�ve -o Manager/Member (Print Type) By: COMCAST HOLDINGS CORPORATION, a Pennsylvania corporation, its Manager/Member W ESS ( atur • Name: "" C� ( ` e N�U P (Print or Type) (Title) ATTEST: .. CR AL K KINZEL, RK P<, • eputy Clerk Attest as to Chairman's I signature only COMCAST SUBORDINATION OF UTILITIES 2 Last Revised 05/28/2020 STATE OF q,��4 CtPr COUNTY OF _N____t3 � ("-- The for oin Subordination of Utility Interests was acknowledged before me by means of physica o ,l, ' l presence or D onli e ngtarization this �01`%' day f 2023, by f'L .___ (Name), as t S VP (Title), of COMCAST HOLDINGS, INC., a Pe nsylvania corporation, as Manager/Member of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager/Member of COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware limited liability company, on behalf of the corporation, who is personally known to me or who has produced as identification. .---r , (affix notarial seal) \ (Si ture of Not Public) Y'o� THERESA LYNN MARTIN , `�1' Notary Public-State of Florida //t!�C(i`Q, (IN\ �/�"i t ` 1- . Commission#HH 323820 l` L7 I ` �dF My Comm.Expires Feb fa,2027 (Print Name of Not ry Public) Bonded through National Notary Assn• Serial/Commission#(if any): _ My Commission Expires: Ap ved as to form and legality: p Oiab -r-- beVell... b. PEscA.y li join;n;far A Kelp �` Assistant County Attorney �`a •COMCAST SUBORDINATION OF UTILITIES 3 '»' / NO Last Revised 05/28/2020 VL S' 0 r—.1 waw 4-a ( 1 (`-) ie 'er' _ ., (D o,_g .- Q) 00 - W OB=C N o N v v (yJ 5 F� p� w T �1 r� r E - b 2 w ro 9Hz zap 4 _ =o c 0 W st M V _ Cis ° Z V Q w o N O - _� 0 LLU, _ F If use 0 ZZ 0 w N, Ow Z l UU it) LLw w ,,i. 11 p p N w ap w r g U ii i'4 g ,01 V eVgj M : o w (w u 8 LL .7 N M- do w V Of(0 Er) _ w I ZO¢gzjW wd8 Z n w p z ooO w=wxi= =Q C7 OS F~F w U~O w z'�Ow h zZO WO ma O oww Wm -0001- ZJ ¢ Cl)0 ° co do 0. pd'In oQ�rLL w J2�O W W eS si w3OD W�022w > H Q Ir w O0g E aQ w0 ada3ww wdn p o z W coo �� 0�g=%8 =wM o 0 — oZ (z I—LL�W N 2 Ore 0 w m Z w W . 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