Parcel 235RDUE (Embarq)PROJECT: Miscellaneous Project No. 99999
PARCEL: 235RDUE
Utility Release
INSTR 4688103 OR 4792 PG 1278
RECORDED 5/2/2012 10:21 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44.00
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this day of AfEIL
2011, 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 EMBARQ FLORIDA, INC. d /b /a CENTURYLINK, fka SPRINT -
FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY
OF FLORIDA, a Florida corporation, whose mailing address is 600 New Century Pkwy.,
Mail Stop KSNCAA0133- RETA600, New Century, Kansas 60031 (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 purposes 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 a road and sidewalk, and utility and drainage
facilities over, under, through, upon, and /or across said Property, including, but not
limited to the claim of interest based upon an easement granted by Quail Run Golf Club
in favor of United Telephone Company of Florida, recorded on July 7, 1989 in OR Book
1454, page 293 et seq. of the Public Records of Collier County, Florida.
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
CENTURYLINK SUBORDINATION OF UTILITY INTERESTS
Last Revised 4/4/2011
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:,
DWIGHT -E. BROCK, Clerk
Clerk
Signed, sealed and delivered
in our presence as witnesses
P-- auv-1- -
WITNESS (Signature)
Name: krs-;� 0
(Print or Type)
WITNESS mature
Name: m Neck S--a.
(Print or Type)
STATE OF
COUNTY OF Gett; t&
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 1"k W
FRED W. COYLE, Chair&An
EMBARQ FLORIDA, INC. dba CENTURYLINK,
fka Sprint Florida, Incorporated, successor by
merger to United Telephone Company of
Florida, a Florida corporation
In
Name:
Title:
V1 CE reStAt A
The foregoing Subordination of Utility Interests was acknowledged before me this *#%
day of aue-mbea , 2011, by 2;enrr,el- (Name), as
V iCt Prie1,•. ae.Jt (Title), of EMBARQ FLORIDA, INC. dba
CENTURYLINK SUBORDINATION OF UTILITY INTERESTS
Last Revised 4/4/2011
CENTURYLINK, fka
Telephone Company
who has produced _
Sprint - Florida Incorporated, successor by merger to United
of Florida, a Florida corporation, o f persona y n o m or
as identification.
(affix notarial seal)
NOTARY PUBLIC -STATE OF FLORIDA
William D. PaulII
:Commission #DD977882
Expires: APR. 01, 2014
BONDED THRU ATI S\"IIC BONDING CO, INC.
Approved as to form
and le ufficiency:
I 1
rtT'
Assis nt County Attorney
CENTURYLINK SUBORDINATION OF UTILITY INTERESTS
Last Revised 4/4/2011
1._41'
(SignaV&4M8MTVAQIDA
William D. Paul II
Angll Commission # DD977882
(Print . AVAV
Serial / Commission # (if any):
My Commission Expires: vl
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