Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 17, 2014
REVISED June 17, 2014 - Regular Meeting
Agenda Item #19

44th Avenue East Road Improvement Project (30th Street East to 45th Street East) / Florida Power & Light Company Subordination Agreement


Contact and/or Presenter Information
Andrea A. Adibe, Assistant County Attorney / Sandi Murphy, Ext. 3750

Action Requested
Execute and Record Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations between Manatee County and Florida Power & Light Company as related to the proposed improvements to 44th Avenue East (30th Street East to 45th Street East).

Enabling/Regulating Authority

Chapters 73, 74, and 127, Florida Statutes

Background Discussion

Manatee County proposes to improve 44th Avenue East (30th Street East to 45th Street East) and has acquired the necessary parcels either by negotiated sale and purchase or by eminent domain. 

The purpose of the Subordination Agreement is to allow Manatee County to acquire five Florida Power & Light Company easements to become a part of its right-of-way, thus Florida Power & Light Company (“FPL”) has agreed to subordinate its easement interests to Manatee County.  FPL utilities will remain in the new right-of-way.  As consideration for FPL giving Manatee County the area of the easements and subordinating its interests to Manatee County, the County agrees to pay FPL relocation costs, including purchase of additional land for easements, to relocate these utilities should Manatee County require their removal or relocation in the future.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records

Charge Recording Fees to AR700013 (MC Project Management).

Return one fully executed and dated original agreement to Andrea A. Adibe, Assistant County Attorney, for forwarding to Florida Power & Light Company.

E-mail an approved copy of this Agenda Item and copy of the recorded Subordination Agreement to:
Andrea A. Adibe, Assistant County Attorney, andrea.adibe@mymanatee.org
Sandi Murphy, County Attorney’s Office
John Agostinelli, Manager, Property Acquisition Division
Barbara Carter, Property Acquisition Division

Cost and Funds Source Account Number and Name
Recording Fee: $341.50. The cost associated with the terms of the Subordination Agreement is undermined at this time. / 319-6071160-531000 / 6071160-0003 (Gas Taxes)

Amount and Frequency of Recurring Costs

Attachment:  44Ave_30-45_AerialMap_AllParcels.pdf
Attachment:  Subordination Agreement FPL 44th PH 4 (30th-45th) FINAL revised 2014_0611.pdf