SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 100.07 (2)
..
This instrument prepared by,
or under the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL 100.07
WPI/SEG 7116967/2568811
S.R. NO.: 55
COUNTY PINELLAS
SECTION : 15150-2579
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 07/31/02 By: N. STEVEN LEVINE
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FOOT, and the City of CLEARWATER, Florida, a
municipal corporation, a Utility Agency Organization, hereinafter called the UAO.
WIT N E SSE T H:
WHEREAS., . the UAO presently has an interest in certain real property that is needed for
a transportation facility; and
WHEREAS, the proposed use of the real property requires subordination o~ the UAO's
interest to the FOOT; and
WHEREAS, the FOOT is willing to participate in the cost of locating, protecting,
adjusting or removing the UAO's facilities if necessary to prevent conflict between the UAO's
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FOOT and the UAO hereby agree as follows:
1. The UAO hereby subordinates to the interest of FOOT, its successors, or assigns, any
and all interest the UAO has in the real property described as follows:
Lot 2, Sam's Club Clearwater, as recorded in Plat Book 116, Page 80, Public Records of
Pinellas County, Florida, and lying in Section 18, Township 29 South, Range 16 East.
Containing 1.398 acres, more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily limited
to, the interest created by the following document:
PARCEL 100.07
PAGE 1
. ,
INSTRUMENT
DATE
FROM
TO
OR.Bk/Pg
8406/939
EASEMENT
04/28/93
WAL-MART STORES,
INC.
CITY OF CLEARWATER
2. The UAO shall continue to have all rights under the UAO' s real property interest
document identified above, except that the use of the real property shall be subject to the
control of the FDOT pursuant to paragraph 3 hereof.
3. The FDOT shall have the right to control the UAO's use of the real property interest
created by the document identified above in the following manner:
a. The FDOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FDOT
determines is necessary (including the timing of any of such activities) to accommodate
the transportation facility project. The UAO shall have the right to engage in
additional protective measures during the transportation facility project beyond what
the FDOT determines is necessary, provided that the cost of any such additional
protective measures shall be borne by the UAO.
b. The UAO shall operate and maintain the UAO's facilities located on the real
property in accordance with FDOT standards as set forth in the FDOT's then current
Utility Accommodation Manual.
c. Any placement of new facilities or adjustment, upgrading, removal, or relocation
of the UAO's facilities proposed by the UAO shall be subject to the prior approval of
the FDOT as provided in and under the conditions of the FDOT's then current Utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FDOT exercises it's rights under paragraph 3 hereof and the exercise
of those rights creates costs over and above what the UAO would normally have incurred had
this subordination not been executed, the FOOT will bear the excess costs. Excess costs shall
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
failure of FDOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FDOT
bearing the excess costs shall be by separate agreement.
of
IN WITNESS WHEREOF, the FDOT has executed this agreement effective this
, 200_.
day
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WITNESS
PRINT NAME
By:
Director of Transportation Development for
District VII
PRINT NAME
ADDRESS:
DONALD J. SKELTON. PE
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
WITNESS
PRINT NAME
PARCEL 100.07
PAGE 2
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 200___, by DONALD J. SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT for
District VII , who is personally known to me or who has produced as
identification.
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
WITNESS WHEREOF, the UAO has caused to be executed in its name, by its City Council
b e Chairperson or Vice-Chairperson of said Board, this agreement effective this
day 0 , 200____
of CLEARWATER, Florida,
City Council
ATTEST:
PRINT NAME
Clerk (or Deputy Clerk)
By:
Its
PRINT NAME
ADDRESS
PARCEL 100.07
PAGE 3
IN WITNESS WliBREOF, thel.1J1.0 has caused these prese,nts to be executed in ita name by
its City Manager, I;:,ountersignad br ita Mi!-YOr-COmmi5~er, attest.ed by itS..Cit.y Clor.k, I and
it.a official seal hereto affixed, this ~_ day of O~ I 2005.
CO=::i~ /. ~ By, ~~~~
Frank.' ibb""rd, 'Ma}'Or ' '!'lUll;;; a~ ROJ::ne,II, City H.anager
ATTES~'::'
-. -~ ~"""~~~"--~ ~.
C .iaR. Goudeau~.Cit;y Clerk
STATE OF FLORIDA
ss
COUNTY OF PINELtAS
BEtOREME, tbe undersigned, personally appeared Frank V. Hibbard, the Mayo,'t" of the
City of Clearwater, Florida, who execl.lted the forogoing i!:lstrument and acl<:nowledgod the
execution thereof to be his free act and deed for the use and purpo!;les herein Bot forth, and
who is personally known to me. ~
WITNESS my hiUld and official seal thiS." . day of
No.tary Pub~ ~ ~t~:f il'i~~ ~- 0. ~
'""'~
, 2005.
print/type name:
"---:r.\'."",,,. Carolyn L Brink
f~&~': MY COMMISSION # 00203569 EllPIIlES
:*: ~..:
~~. :J.! May 22. 2007
~';r.', "o' ~~ BONDED THRU TROY F"'IN INSURANCf,1NC.
. ',Rrll~~'
$T~TS OF FLORIDA
J;!S
COUNTY OF PINELLAS
BeFORE: ME, the undersigned, personally appeared William B. Horno, II, City M,anager of
the City o.f Clearwater, Florida., who exeCuted the foregoing instrument and acknowledged che
execution thereof' to be his free act and deed for che use and purpos<;!s herein lilet. forth. And
who is personally known to me.
W:tTNESS lily hand and. ot.fl<;.ial s~al this
uota~y~ta?!:f~---^
~~daYOf-r
, 2005.
Print/typo name: _____,
fi) Carolyn L Brink
ft: MV COMMISSION # 00203569 EXPIRES
~\ May 22, 2007
'!f ol ,'0, I{lNDIa TIlRU TROY F"'IN 1NI~"'NCf. INC.
'.'1,"\'
City Atto.rnay
f
PAIWE;L 100.07
PAGE 4