Subordinate of Utility Interest - Parcel 134RDUE PROJECT: CTS- Siena Lakes
PARCEL: 134RDUE
FOLIO: Portion of 00235480000
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this 3OT" day of i' A(Lc s{
2025 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
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
BY: J/
, Deputy Clerk
Rick LoCastro, Chairman
Signed,sealed and delivered COMCAST CABLE COMMUNICATIONS
in our presence as witnesses: MANAGEMENT, LLC,
a Delaware limited liability company
e.n ^ � By: COMCAST CABLE COMMUNICATIONS,
TNESS (Signature) LLC,
a Delaware limited liability company, its
Manager/Member
Name:, An't11e 6Ve-ceceo
(Print Q. Type) By: COMCAST HOLDINGS CORPORATION,
a Pennsylvania corporation, its
Manager/Member
ire A A i I%I_ '
WI ESSatur- By
Name: 4. i 1�N` (N
(Print or Type) (Title)
ATTEST:
CR AL K KINZEL, R1K
eputy Clerk
Attest as to Chairman's
IL signature only ^^
COMCAST SUBORDINATION OF UTILITIES 2 a
Last Revised 05/28/2020 0
STATE OF Stt .2.4
COUNTY OF _N__ __13 }t,
The for oin Subordination of Utility Interests was acknowledged before me by
means of physical presence or D online ngtarization this O � day
of ti ' 2021, by (Name), as
Es 1 Jo
(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.
(affix notarial seal) 1& e C( /'l/1 � L'U1-1 .._.
(Si ture of Not Public)Y'Pu' THERESA LYNN MARTIN
4 1 Notary Dublic State of Florida //� C 3fa (te` �� ��
' 'o" Commission#HH 323820 L r f
1. �,dt My Comm.Expires Feb 14,2027 (Print Name of Not ry Public)
"'''Bonded through Nation al Notary Assn. Serial/Commission#(if any): _
My Commission Expires:
Aprved as to form and legality:
hE b. P��y `7,›
•}�,.p fr.,-A Rp
Assistant County Attorney 41`�
COMCAST SUBORDINATION OF UTILITIES 3 '99'•9
NP
Last Revised 05/28/2020 VLS'i 0
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