Parcel 102DAME (3) PROJECT: 50180
PARCEL: 102DAME
FOLIO: Portion of 73310000028
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this 3 day of I1(4,2C j 28207-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, do the Office of the County Attorney,
Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF
FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado
limited liability company, Successor in interest to Time-Warner Cable, Inc., a defunct Delaware
Corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter
referred to as"Utility").
WITNESSETH:
WHEREAS,the Utility has an interest in those certain tracts or parcels of land lying and being
in Collier County, Florida,more particularly described and set forth in Exhibit"A"attached hereto and
made a part hereof(hereinafter collectively referred to as the"Property"); and
WHEREAS, the County has determined that this Property is suitable and appropriate for
constructing, operating,and maintaining drainage structures and facilities thereon;and
WHEREAS, the County's proposed use of the Property for constructing, operating and
maintaining said drainage facilities,including but not limited to guard railing,ditches,swales,earthen
berms, rip-rap and retaining wall systems, underground pipes and various types of water control
structures, requires the subordination of the interest in the Property by the Utility to the County; and
WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of
its facilities within the Property, if necessary; and
WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary
to prevent conflict between the facilities so that the benefits of each may be retained;
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby
agree as follows:
1. The Utility hereby subordinates any and all of its interest in the Property
(SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF)
to the interest of the County, its successors and assigns, for the purpose of constructing, improving,
maintaining and operating drainage facilities 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
Easement for Cable Television and
Communications Services 07/29/2003 3420,2344.
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 offacilities 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'
COMCAST SUBORDINATION OF UTILITIES
( Ar 's
written notice to do so and hereby agrees to pay the reasonable cost of such alteration,adjustment,
or relocation, including, but not limited to the cost of acquiring appropriate easements.
3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined
in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger
or interfere with such facilities,provided that such rights do not interfere with the operation and safety
of the County's facilities.
4. The Utility shall repair any damage to the County's facilities resulting from the exercise of
its rights as outlined in paragraphs 2 and 3 above.
5.These terms and conditions shall be attached as an addendum to that permit, if any,
required by the County for location of the Utility's facilities within the Property.
6. This Agreement shall be assignable only to the State of Florida for the use and benefit of
the County in connection with the Utility's installation and maintenance described above.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk the COLLIER , FLORIDA
Circuit Court&C m trolle
BY:. Q-� By:
Deputy erk
, 'signature
as to Chairman's
t Only Rick LoCastro, Chairman
Signed, sealed and delivered COMCAST OF FLORIDA/MICHIGAN/NEW
in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON,LLC
a Colorado limited liability company
-,m1 -.-- ( '-�-----4-1 By: COMCAST CABLE COMMUNICATIONS, LLC
TNESS (Signature) a Delaware limited liability company, as
Name: .SANcTte 6� Manager
(Print or T e) By: COMCAST HOLDINGS CORPORATION
Jl as s le member
• WIT S (Signature B —_
Nam V —
Name: e�I�Q`- Title:, S V()
(Print or Type)
COMCAST SUBORDINATION OF UTILITIES 2 C'
Last Revised 05/01/2018 `��
STATE OF ��
COUNTY OF
,�/The foregoing Subordination of Utility Interests was acknowledged before me by means of
ICJ physical presence or D online notarization this , ,day f (4,1C4-- , 2O23
bYCA rVLI` ^ (Name),as �' �L ' (Title), of
COMT HOLDINGS, INC.,a Delaware corporation,as Managing Memb r of COMCAST CABLE
COMMUNICATIONS,LLC,a Delaware limited liability company,as Manager of COMCAST
OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado
limited liability company, on behalf of the corporation and the companies, who is personally known
to me or who has produced as identification.
(affix notarial seal) r ✓ i G'"--
((Signature of Nor Public))
oi►RY°�'': THERESA LYNN MARTIN f h4z1A ` j• V v V /�
? � Notary Public-State of Florida (Print Name of No(ry Public)
� _Jr')!" Commission#HH 323820
f ti My Comm.Expires Feb 14,2027
Bonded through National Notary Assn. NOTARY PUBLIC
Serial/Commission#(if any)_ _
My Commission Expires: _
Ap roved as to form and legality:
Assistant County Attorney \\\
COMCAST SUBORDINATION OF UTILITIES 3
Last Revised 05/01/2018 �;
* 7
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Exhibit "A"
3 Tract No. 01 100-229
The North 170 feet of the South 230 feet of the East 45 feet of Lot I Shady Hollow Trust, a subdivision
in Section 10 Township 48 South, Range 27 East, according to the plat thereof, as recorded in Plat
Book 36 , page 84, Collier County Florida Public Records.
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The above described parcel ofland contains 0.18 of an acre more or less
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
INPRAS'1'RUCTURI IWWalmff BUDAU-SURVZY I: MAPPING SK"DON
P.O. BOX 2.f680, 3301 GUN a.US ROAD
G v.£ST PALM BEACH, FLORIDA 33416-46B0
r, EXHIBIT 'A•
TRACT NO. 01100-229
--'1 Ir 1-DR-A WN I"!I( E-CKED- I DATE--,sc-.ALE—IDRAVNNG NUMBER —„S,HEET:-:=
2 ::OR=A,..,.,WN-:-:--+IICHE='="CKED 111-,:,0-ATE= I-•--R,-G11S1--ON-S HE RS 08-26-19!AS SHOWN 01100-229J.DSI<J3.dW9j1 of 2