SUBORDINATION OF CITY UTILITY INTERESTS - PARCEL 100.07
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 of 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 I 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 P
EASEMENT
04/28/93
WAL-MART STORES,
INC.
CITY OF CLEARWATER
8406/939
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 FOOT pursuant to paragraph 3 hereof.
3. The FOOT 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 FOOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FOOT
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 wnat
the FOOT 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 FOOT standards as set forth in the FOOT'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 FOOT as provided in and under the conditions of the FOOT's then current Utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FOOT 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 sha]'l
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
failure of FOOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by separate agreement.
J IN WITNESS WHEREOF, the FOOT has executed this agreement effective this ::3 D fJL, day
of _ U rut , 200 05 .
Signed, sealed and delivered in
t:J:;.sence:& '>1_
<<1eut Id M~
-WITNESS r ~
PRINT NAME ~US4J' IrWgm
~. n
. na~{' II Ct L. -..)+€'Vf () S (':;'-1
WI ESS ~.... S~ .-
PRINT NAME~~'Qj/~-'''V~'-- __
~y:
irector
District
PRINT NAME
ADDRESS:
DONALD J. SKELTON, PE
11201 N. Malcolm MCKinley Dr.
Tampa, Florida 33612
PARCEL 100.07
PAGE :2
,"
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
~lJl\.>t
District ~,
identification.
The
foregoing instrument was acknowledged before me this ~~ day
, 200~, by DONALD J. SKELTON, DIRECTOR OF TRANSPORTATION DEVELOPMENT
who is personally known to me or who has produced
of
for
as
r~~t:.:-.:
i!..':""Y~~',
j{~/ ' ';.}
J~I1f.
-~~.
JACOUEUNE D. LAWR8CIE
MY COMMISSION /I DO 287190
':;XPIRES; D8cImber " 2U11
Gonded Thru NlDry PdIIc UndIIWIlIliII
~jlJ!M/jJ. ~
. IN:::.QL€U),..JE D. L..M1lel.JCC-
PRINT NAME 91lM1NA 1.. MggRlWf
Notary Public in and for the
County and state last aforesaid.
My Commission Expires: '~'-O/- at::xJ7
Serial No., if any: iJD 0'1'%
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, Floridap
City Council
ATTEST:
PRINT NAME
Clerk (or Deputy Clerk)
By:
Its
PRINT NAME
ADDRESS
PARCEL 100.07
PAGE 3
"I,"" ",
~
IN HITNESB WHE!l.ECP, the O'AO has caused these presB.nts to be e..'!:ecuted in its name by
itg City }~anager, countersigned by itg. Mi}..YC o. r-COJ:1>.miSBFi Oer, a.ttested by its City Clerk." and
il;,s official seal hereto affixed, this 1t2:!::::. day De ~ , 2005.
"]J ~. / L _/ ..:1 OF CL....ATER. 'IDRIOA
_._..._..._..~.Y ~ BY:Z?dif~. ~-:ir:
~~ ~ V. Hibbard, Mayor/ William B. Horne, II, City Manager
ATTE~ST
~._[. Jj_..~. ~.~
Cyn 'a 8. Goudeau, city Clerk -
STATE OF FLORIDA
S!J
COUNTY OF ~tN~LLAS
aF;!l'ORE ME, the undersigned, pel;"aonally appoar6d Frank V. Hihbal;"d, the !<!ayor of
Ci ty of Clearwater, Florida, who exec::uted tho foregoing il1Strubant and ac~oowl edged
execution thereof to ba his free act and deed for the use and p-urposes hel;"ein set forth.
who is !:jarson..lly known to me.
- . ~
W!'rNESS 1Il1' hand and official seal th.iB (, day of
Gl4A.1.r_ ~'_~ J
Notary Public- Sliflta of Flon.da
tho
the
and
._~
, 2005.
pr!fit/type .!lane.!
)ii\~~ Carolyn L Brink
. ( ;f:'.. 1:1 MY COMMISSION' OD203569 EXPIREs
. ;,-::-:;;.<:.,. _ May 2~ 2007
-.\,:,,~~,.., BCHDED THIltJ llOYFAIN INSU~NCf.INC
ST~~R OF FLORIDA
sa
COUNTY OF PINELLAS
BEFORE ME, the undersigned, per.sonally appeared William B. Horne., It, City Manager 0 f
tho Ci ty o.f Clearwater, Florida, who <;l;xecuted the foregoing instrument and acknowledged the
~xeuution thereof to be his free act and deed for the UflC and purposes herein set forth. /lnd
who is personally known too me.
"'~~d
No tary Publ' -
and Dfficial s~al thl~
~~~
State of Florida
,~ day
Df
~
. ;lOOS.
Print/typo name: ___......
.t1J.5~ Carolyn L Brink
f..rJJ;,~:~ MY COMMISSION' 00203569 EXPIRES
~~,i{..; May 22, 2007
'~.w..~~" BONDED THR\J TROY FAIN INSURANCE. 1Nt:
I"ppr:ove~~.
~,?J;1J
L.;r.u~:a L)P'owSki. Ass::.stant City Attornoy
;/
PARCEL lOO.07
PAGE '