LEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY BLUE SHEET No: 20041581-UTI.

1. REQUESTED MOTION! -- ACTION REQUESTEI I: Annrove final accenta~ ice, by Resolution, and recording of one (1) Utility Easement as a donation of a water main ext’ension,~firehyd;ant, 4” dmmeter fire line and a force main extension serving Gladiolus Commercial Site, Phase I. This is a Developer Contributed asset project located on the east side of Gladiolus Drive at the intersection of Gladiolus Drive and Old Gladiolus Drive, approximately 113 m ile from S. Tamiami Trail. WHY ACTION IS NECESSARY: To provide potable water service, fire protection and sanitary sewer service to the recently constructed medical office building. WHAT ACTION ACCOMPLISHES: Places the water main and force main into operation and complies with the Lee County Utilities Operations Manual. 2. DEPARTMENTAL CATEG

COMMISSION DISTRICT i 1 3. MEETING DATE:

6. REQUESTOR OF INFO

The Board granted permission to construct on 06122104; Blue Sheet #2004JVpl. Y The installation has been inspected for conformance to the Lee County Utlhtles Operations manual. Satisfactory pressure and bacteriolo ical testing has been completed. Record drawmgs have been receive 1p Engineer’s Certification of Completion has been provided---copy attached. Project Location Map--cop attached. Warranty has been provide 2 -opy attached. Waiver of Lien has been orovided--copv attached. Certification of Contribukd Assets has’lken provideddopy attached. 100% connectionicapacit fees have been ad. Sanitary sewer service WI I be provided by ? e ee County Utilities via a recently constructed private!y owned & mai@ned Ii station and force main which now ties into existing Lee County Utilities’ infrastructure located adJacent to the subject pace Funds are available for Easement recording fees in Account # OD5360748700.504930.

SECTION 33 TOWNSHIP 44s RANGE 25E DISTRICT #3 COMMISSIONER JUDAH

MANAGEMENT RECOMMENDATIONS:

9. RECOMiV

10. COMMISSION ACTION:

APPROVED DENIED

__ DEFERRED ~ OTHER

,NDED APPROVAL I

Ill II II FLORIDA DEPARTMENT OF REVENUE RETURNFORTRANSFERSOFINTERESTIN REALPROPERTY

(PLEASE READ INSTRUCTIONS BEFORE COMPLETING) : Use black ink. Enter numbers as shown below. If typing, enter numbers as shown below. \ ------_--- --------- I

2. Mark(x) all that apply

Multi-parcel 7 transaction? + i

Transaction is a split -,.~. or wtout from another parcel? + 1

Property was improved with building(s) at time of sale/transfer?

11 --t u

3. Grantor (Seller): EASEMENT DONATION BY: PALETSKY OFFICE BUILDING LLC Last First MI Corporate Name (if applicable)

12486 RIVERSIDE FT. MYERS FL 33919 ( 1 Mailing Address City State Zip Code Phone No.

4, GranteecBuyeij:,Ft~CK DIAZ, P .E. FiUtTIL. DIR.~ M, FOR LEE CO. BD. OF CO. COMMISSIONERS Corporate Name (if applicable)

P. 0. BOX 398 FT. MYERS FL 33902 (2394798181 Mailing Address City State Zip Code Phone No.

5. Date of Sale/Transfer Saleflransfer Price

8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? Sale of a partial or undivided interest? Related to seller by blood or marriage. YES: / EN0

9. Was the saleitransferfinanced? YES 3 _ NO If ‘Yes’. please indicate type or types of financing:

Agreement or Conventional L Seller Provided i Contract for Deed L Other L

Institutional/ 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare

Mark(x) all q - r -

that apply - d L -

11. To the best of your knowledge, was personal property included in the sale/transfer? If -Yes’, please state the amount attributable to the personal property. (Round to the nearest dollar.)

12. Amount of Documentary Stamp Tax

13. If no is due in number 12. is deed exempt from Documentary Stamp s. 201.02(S), Florida Statutes?

[

To be comoleted bv the Clerk of the Circuit Court’s Office I Clerks Date Stamp

This copy to Property Appraiser

0. R. Book and

Page Number and

This copy to Property Appraiser

III II II FDOR10240300

FLORIDA DEPARTMENT OF REVENUE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY

(PLEASE READ INSTRUCTIONS BEFORE COMPLETING) INET DR-219

R. 07/98

Enter numbers as shown below. If typing, enter numbers as shown below.

1. Parcel Identification Number 0 12 34 56 7 89 0123456789 r (If Parcel ID not available please call county property Appraiser’s Office) +

26452400000150060

Transaction is a split Property was improved 2. Mark(x) all Multi-parcel or cutout from

another parcel? + with building(s) at time

that apply transaction? + of sale/transfer? ---t

3. Grantor (Seller): EASEMENTDONATION BY: PALETSKY OFFICE BUILDING LLC

La*, First 12486 RIVERSIDE FT. MYER! FL

Corpo;ra;~m; (if applicable) / \ , ,

Mailing Address City state Zip Code Phone No. RICK DIAZ, P.E. UTIL. DIR. FOR LEE CO. BD. OF CO. COMMISSIONERS

4. Grantee (Buyer): Last First

P. 0. BOX 398 FT. MYER! FL Corpor?$e3N;;;(if applicable)

, 2394798181 \

Mailing Address City State Zip Code Phone No. 5. Date of Sale/Transfer Sale/Transfer Price

$ .oo

;zz;lln 46 County Cod=

Month Day Year (Round to the nearest dollar.)

6. Type of Document

Warranty Deed

Contract/Agreement x Other for Deed

Quit Claim Deed

7. Are any mortgages on the property? If ‘Yes’, outstanding mortgage balance:

(Round to the nearest dollar.) $

YES

.O"oo 8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer

such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? Sale of a partial or undivided interest? Related to seller by blood or marriage. YES NO

9. Was the saleitransferflnanced? YES NO If “Yes’. please indicate type or types of financing:

Agreement or Conventional Seller Provided Contract for Deed Other

lnstitutionall 10. Property Type: Residential Commercial Industrial Agricultural Miscellanwus Government Vacant Acreage Timeshare

Mark(x) a,, that apply

‘NO $ Ce”tS

11. To the best of your knowledge, was persona, property YES included in the saleflransfer? If “Yes’. please state the . 00 amount attributable to the personal property (Round to the nearest dollar.)

12. Amount of Documentary Stamp Tax

13. If no is due in number 12, is deed exempt from Documentary Stamp Tax

L S,gnature of Graver or Grantee or Agent

I.

To be completed by the Clerk of the Circuit Court’s Of&e’

This copy to Department of Revenue

Clerks Date Stamp

0. R. Book and

Page Number and

File Number

late Recorded Month Day Year

This copy to Department of Revenue

RESOLUTION NO.

RESOLUTION ESTABLISHING UTILITY ACCEPTANCE OF DEVELOPER CONTRIBUTED ASSETS

IN LEE COUNTY, FLORIDA

WHEREAS, it is the desire of “Paletsky Office Building,, LLC”, owner of record, to make a contribution to Lee county Utilities of water facilities (a water main extension, one fire hydrant, one 4” diameter fire line) and m facilities (a force main extension) serving “GLADIOLUS COMMERCIAL SITE, PHASE I”; and,

WHEREAS, Lee County Utilities requires proof of a Release of Lien, a Warranty (one-year) on all labor and materials, an accurate value of contributed assets, and right-of-way and/or easement-indemnity granted for all systems being contributed to Lee county Utilities; and,

WHEREAS, all of the above information has been received and approved as complete by Lee County Utilities; and,

WHEREAS, Lee county Utilities has recommended to the Board of Couqty Commissioners that the above-named system be accepted for ownership, operation, and maintenance.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, that the above facilities, for a contributed value of $34,555.38 is hereby ACCEPTED and acknowledged as an addition to Lee County Utilities.

THE FOREGOING RESOLUTION was offered by Commissioner who moved for its adoption. The motion was seconded by Commissioner

and, upon being put to a vote, the vote was as foll ows :

Commissioner Bob lanes: (1)

Commissioner Douglas St. Cerny: (2)

Commissioner Ray Judah: (3)

Commissioner Tammy Hall : (4)

Commissioner John nlbion: (5)

DULY PASSED AND ADOPTED this day of

ATTEST: BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN, CLERK OF LEE COUNTY, FLORIDA

By: By: DEPUTY CLERK CHAIRMAN

APPROVED AS TO FORM

OFFICE OF COUNTY ATTORNEY

;:

‘,‘/

LETTER OF COMPLETION

DATE: lo/20104

Department of Lee County Utilities Division of Engineering Post 054~ Box 398 Fort Myers, FL 33902

This is to certi@ that the water distribution sod fire line up to and including 1st OS + Y VdVe(S) systems located in

Ghliolus Commercial Site (Name of Development)

were designed by me and have been constructed in conformance with:

the approved plans and the approved specit ications

Upon complet ion of the work, we observed the following success&l tests of the facilities:

Pressure Test(s) - W a ter Maia

(Seal of Engineering Fbm)

L

LETTER OF COMPLETION

DATE: 10/20/04

De+xniment OfLee county utilities Division of Engineering Post Office Box 398 Fort Myers, FL 33902

This is to certify that the sanitary sewer system located in Gladiolus Commercial Site

(Name of Development)

was designed by me and has been constructed in conformance with:

the approved plans and the approved specifications

Upon completion of the work, we observed the following soccessll tests of the facilities:

Pressure Test(s) - Force Main

(Seal of Engineering Fi)

/ ,

, ,

iv

E

s

WARRANTY

THE UNDERSIGNED parties do hereby warrant and/or guaranty all work executed by the

contractor on the water and sewer systems of Gladiolus Commercial Site, Phase I to be free from

defects in material and workmanship for a period of one (1) year from the date of acceplance by the

Lee County Board of County Commissioners. The undersigned parties further agree that they will,

at their own expense, repair and nplace all such defective work and all other work damaged by said

defqztive work under this Warranty-Guam+

It is tihermorc understood that the consideration for the giving of this warranty and/or

guaranty is the quirement by the General Conditions and Specifications under which the contract

was let that such warranty and/or guaranty would be given.

Florida State Underground, Inc. (Name of Owner/Contractor)

~_ / / --’ 1” --BY: / --

(S&atnre o~~~er/Contractor)

STATE OF FL

COUNTY OF COLLIER )

signed and acknowledged before me this 18th day of OCT, 2004 is personally known to me - __ , and who did not take an oath.

Notary Public - State of Florida

Cathve VanKerschaever Printed Name of Notary Public

(Notary Seal & Commission Number)

.~ ;

WAIVERANDRELEASEOFLIEN

UPONFISALPAYMENT

The undersigned lienor, in consideration of the final payment in the amount of

Thirtv Four Thousand Five Hundred Fiti Five and 38:iOO Dollars ($34.555.38 ) hereby waivers and

reieascs its iien and right to claim a lien for labor, se&xx, or materials furnished to Gulfcoast Consulting

Gmop. Inc. on the job of Paletsky Office 6uildinu. LLC. to :he following described property:

Gladiolus Commercial Site. Phase I (Name of DevelopmentlProject)

i335 Gladicius Drive Ft. Mvers, I-L. (Location)

water distribution and sanitaw sewer svstems (Facilities Constructed)

26-45-24-00-00015.0060 (Strap # or Section Township & Range)

By: Thomas P. A&&%& (Print Name of Authorized Representative)

4540 Domestic Avenue (Address of Firm or Corporation)

Title: President Naples, FL 34104- (City, State & Zip Of Firm Or Corporation)

Phone #: (239)643-6449 Ext. Fax& (239)643-6891

STATEOF FL ) ) ss:

COUNTY OF COLLIER__- )

The foregoing instrument was signed and acknowledged before me this 22 day of -November,2004 by Thomas P. McKimm who is personally known to me - __ , and who did not take an oath.

Cathve VanKerschaever (Notary Seal & Commission Number) (Printed Name of Notary Publicj

CERTIFICATION OF CONTRIBUTORY ASSETS

11.5

PROJECT NAME: GLADIOLUS COMMERCIAL SITE, PHASE I

STRAPNLTMBER: 26-45-24-00-00015.0068

LOCATION: 7335 GLADIOLUS DRIVE FT. MYERS, FL.

OWNER’S NAME: (as shown on Deed) PALETSKY OFFICE BUILDING, LLC

OWNER’S ADDRESS: 12486 RIVERSIDE DRIVE

OWNER’S ADDRESS: FT. MYERS,,FL 33912

$928.00 $13,828.36

TYPE UTILITY SYSTEM: POTABLE WATER (Please provide separate ‘Certifications’ for potable water, sanitary sewer and effluent reuse facilities.)

DESCRIPTION AND COST OF MATERIAL. LABOR. AND SERVICES Please list each element of the system from the dropdown list provided.

I I I I I TOTAL m&i3.66

(If more space is required, use additional forms(s).

11.5

1 do hereby certify that the quantities of material and services described above arc a true and accurate representation of the as-installed cost of the system being contributed County and corresponds with the record drawings.

THOMAS P. MCKIMM, PRESIDENT (Name & Title of Certifying Agent)

FLORIDA STATE UNDERGROUND, INC. (NaniGf Fiin~or Corporation)

4540 DOMESTIC AVENUE (Address of Firm or Corporation)

NAPLES, FL 34 I 04 -

STATEOF FL j ) ss:

COUNTY OF COLLIER )

The fowoiw instrument was signed and acknowledged before me this m day of October. 2004 by who is personally known to me - __ , and who did not take an oath.

CATHYE VANKERWHAEVER Printed Name of Notary Public

Notary Commission Number (NOTARY SEAL)

11.5

CERTIFICATION OF CONTRIBUTORY ASSETS

PROJECT NAME: GLADIOLUS COMMERCIAL SITE, PHASE I

STRAPNUMBER: 26-45-24-00-00015.0060

LOCATION: 7335 GLADIOLUS DRIVE FT. MYERS, FL.

OWNER’S NAME: (as shown on Deed) PALETSKYOFFICE BUILDING, LLC

OWNER’S ADDRESS: 12486 RIVERSIDE DRIVE

OWNER’S ADDRESS: FT. MYERS,FL 339 !?

TYPE UTILITY SYSTEM SANITARY SEWER (Please provide separate ‘Certifications’ for potable water, sanitary sewer and effluent reuse facilities.)

DESCRIPTION AND COST OF MATERIAL, LABOR, AND SERVICES Please list each element of the system from the dmp,down list provided.

I I I I TOTAL I

I $6,391.72

(If more space is required, use additional forms(s).

11.5

I do hereby certify that the quantities of material and services described above are a hue and accurate representation of the as-installed cost of the system being conbibuted and corresponds with the record drawings.

CERTIFYING:

THOMAS P. MCKlMM, PRESIDENT (Name & Title of Certifying Agent)

4540 DOMESTIC AVENUE (Address of Firm or Corporation)

NAPLES, FL 34104 -

STATEOF FL ) ) ss:

COUNTY OF COLLIER )

The foregoing instrument was signed and acknowledged before me this 18th day of October. 2004 by who is personally known to me - __ , and who did not take an oath.

CATHYE VANKERSCHAEVER Printed Name of Notary Public

Notary Public - State of Florida

Notary Commission Number (NOTARY SEAL)

FeeTransmittal Form 281-l Rev12/93

TO: LEE COUNTY FINANCE DEPARTMENT

FROM: UTILITIES'ENGINEERING (Department)

SUE GULLEDGE

A. AUTHORIZATION:

V//111463 BS 20041581-UTL

This transmittal authorizes the UTIL. ENGINEERING

office to incur expenses for filing/records against:

Purchase Order # N/A for GLADIOLUS COKMERCIA~Ae~~TE, PHASE 1

ACCT OD5360748700.504930 EASEMENT: PALETSKY OFFICE BUILDING LLC ORIGINAL EASEMENT TO MINUTES AFTER RECORDING, WITH COPY TO SUE GULLEDGE, UTILITIES

12-21-04

B. SERVICE RECEIVED: RECORDING

0. R. COPIES

PLAT COPIES

CASE #/INDEX FEE

DESCRIPTION OF SERVICE

EASEMENT

RECORDING

AMOUNT OF FEE INCURRED S

(date) (DEPUTY CLERK)

(CUSTOMER) (DEPT.) THIS FORM GOES TO CASHIER WITH REGULAR RECEIPT ATTACHED

C. INVOICE INFORMATION: (FOR CLERK’S DEPARTMENT ONLY)

REC’D

ENTERED

CUST. # 500283

INV. #

PLEASE REMIT TO: Clark’s Accounting P.O. BOX 2396 FORT MYERS, FLORIDA 33902-2396 White - FINANCE Yellow DEPT FISCAL OFFICER Pink. CLERK’S OFFICE

This instrument Prepared By: Lee County Utilities 1500 Monroe Street - 3Rl Floor Fort Myers, Florida 33901

Strap Number:

THIS SPACE RESERVED FOR RECORDING

GRANT OF PERPETUAL PUBLIC UTILITY EASEMENT

THIS INDENTURE is made and entered into this - day of 20-B by and between PALETSKY OFFICE BUILDING.LLC, Owner, hereinafter referred to as GRANTOR(S), and LEE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTEE.

WITNESSETH:

1. For and in consideration of the sum of TEN DOLLARS ($lO.CJCt) and other good and valuable consideration, the receipt of which is hereby acknowledged and accepted, GRANTOR hereby grants, bargains, sells and transfers to the GRANTEE, its successors and assigns, a perpetual public utility easement situated in Lee County, Florida, located and described as set forth in Exhibit “A”, attached hereto and made a part hereof.

2. GRANTEE, its successors, appointees and assigns, are granted the right, privilege, and authority to construct, replace, renew, extend and maintain a wastewater collection and/or water distribution system, together with, but not limited to, all necessary service connections, manholes, valves, fire hydrants, lift stations and appurtenances, to be located on, under, across and through the easement which is located on the property described (Exhibit “A”), with the additional right, privilage and authority to remove, replace, repair and enlarge said system, and to trim and remove roots, tress, shrubs, bushes and plants, and remove fences or other improvements which may affect the operation of lines, mains an&or utility facilities.

(Page 1 of 5)

3. The public utility easement will not be limited to any particular diameter size or type and/or number of connections to other water/sewer mains for providing water/sewer service to this and any adjacent properties. The total area of this public utility easement is reserved for utility lines, mains, or appurtenant facilities and for any landscaping (excluding trees), walkways, roadways, drainage ways, or similar uses. Houses, fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures may not be constructed on or placed within this easement at anytime, present or future, by GRANTOR, or its heirs, successors or assigns.

4. Title to all utilities constructed and/or placed hereunder by GRANTEE or its agents will remain in the GRANTEE, GRANTEE’s successors, appointees, and/or assigns.

5. Subject to any preexisting easements for public highways or roads, railroads, laterals, ditches, pipelines and electrical transmission or distribution lines and telephone and cable television lines covering the land herein described, GRANTOR(S) covenant that they are lawfully seized and possessed of the described real property (Exhibit “A”), have good and lawful right and power to sell and convey it, and that the said property is free from any and all liens and encumbrances, except as herein stated, and accordingly, GRANTOR(S) will forever defend the tight, title and terms of this said easement and the quiet possession thereof by GRANTEE against all claims and demands of all other entities.

6. GRANTOR(S), its heirs, successors or assigns, agrees to assume all liability for any consequential damages to any houses, fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures subsequently constructed by GRANTOR(S) in violation of paragraph 3. within the above easement, which result from the required activities of the GRANTEE for any construction, maintenance or repairs to the utilities located within the above-described easement.

7. GRANTEE will be liable for money damages in tort for any injury to or loss of property, personal injury, or death caused by the negligent or wrongful act(s) or omission(s) of any official or employee of the GRANTEE while acting within the scope of the off&l’s or employee’s office or employment under circumstances in which a private person would be found to be liable in accordance with the general laws of the State of Florida, and subject to the limitations as set out in Section 768.28, Florida Statutes, as it may be revised, amended or renumbered from time to time.

8. GRANTEE will have reasonable right of access across GRANTOR’s property for the purposes of reaching the described easement (Exhibit “A”) on either paved or unpaved surfaces. Any damage to GRANTOR’s property or permitted improvements thereon as the result of such access to the described easement or the construction, maintenance, or repairs located within the described easement shall be restored by GRANTEE, to the condition in which it existed prior to the damage, as is reasonably practicable.

(Page 2 of 5)

9. By acceptance of this easement, the GRANTEE assumes no responsibility for ownership or maintenance of any associated roads. The easement is strictly for utility purposes.

IO. This easement will be binding upon the parties hereto, their successors in interest and any assigns.

(Balance of Page Left Intentionally Blank)

(Page 3 of 5)

IN WITNESS WHEREOF, the GRANTOR has caused this document to be signed on the date and year first above written.

[Iti Wrtnsss’ Signature]

BY:

[Type or Print Name]

>usf e -63

[Title]

Lh/wzs 4. G&L cH [Type or Print Name]

STATE OF FLORIDA

COUNTYOF LEE

The foregoing instrurn$$cwnas signed and acknowledged before me this z

day of Or% &prP 20~4 byrqw who produced the following as identification

and who did/did not take an oath.

[stamp or seal]

ryped or Printed Name]

(Page 4 of 5)

Approved and accepted for and on behalf of Lee County, Florida, this - day of ,20 A

AlTEST: BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN, CLERK OF LEE COUNTY, FLORIDA

BY: BY: Deputy Clerk Chairman

APPROVED AS TO FORM

BY: Office of the County Attorney

(Page 5 of 5)

This Instrument Prepared By: Lee County Utilities 1500 Monroe Street - 3ti Floor Fort Myers, Florida 33901

Strap Number:

26-624-OO-OOO15.0060

GRANT OF PERPETUAL PUBLIC UTILITY EASEMENT

THIS INDENTURE is made and entered into this - day of 20-, by and between PALETSKY OFFICE BUILDING.LLC, Owner, hereinafler referred to as GRANTOR(S), and LEE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTEE.

VVITNESSETH:

1. For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged and accepted, GRANTOR hereby grants, bargains, sells and transfers to the GRANTEE, its successors and assigns, a perpetual public utility easement situated in Lee County, Florida, located and described as set forth in Exhibit ‘A”, attached hereto and made a part hereof.

2. GRANTEE, its successors, appointees and assigns, are granted the right, privilege, and authority to construct, replace, renew, extend and maintain a wastewater collection and/or water distribution system, together with, but not limited to, all necessary service connections, manholes, valves, fire hydrants, lift stations and appurtenances, to be located on, under, across and through the easement which is located on the property described (Exhibit “A”), with the additional right, privilege and authority to remove, replace, repair and enlarge said system, and to trim and remove roots, trees, shrubs, bushes and plants, and remove fences or other improvements which may affect the operation of lines, mains and/or utility facilities.

(Page 1 of 5)

3. The public utility easement will not be limited to any particular diameter size or type and/or number of connections to other water/sewer mains for providing water/sewer service to this and any adjacent properties. The total area of this public utility easement is reserved for utility lines, mains, or appurtenant facilities and for any landscaping (excluding trees), walkways, roadways, drainage ways, or similar uses. Houses, fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures may not be constructed on or placed within this easement at anytime, present or future, by GRANTOR, or its heirs, successors or assigns.

4. Title to all utilities constructed and/or placed hereunder by GRANTEE or its agents will remain in the GRANTEE, GRANTEE’s successors, appointees, and/or assigns.

5. Subject to any preexisting easements for public highways or roads, railroads, laterals, ditches, pipelines and electrical transmission or distribution lines and telephone and cable television lines covering the land herein desaibed, GRANTOR(S) covenant that they are lawfully seized and possessed of the described real property (Exhibit “A”), have good and lawful right and power to sell and convey it, and that the said property is free from any and all liens and encumbrances, except as herein stated, and accordingly, GRANTOR(S) will forever defend the right, title and terms of this said easement and the quiet possession thereof by GRANTEE against all claims and demands of all other entities.

6. GRANTOR(S), its heirs, successors or assigns, agrees to assume all liability for any consequential damages to any houses, fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures subsequently constructed by GRANTOR(S) in violation of paragraph 3. within the above easement, which result from the required activities of the GRANTEE for any construction, maintenance or repairs to the utilities located within the above-described easement.

7. GRANTEE will be liable for money damages in tort for any injury to or loss of property, personal injury, or death caused by the negligent or wrongful act(s) or omission(s) of any official or employee of the GRANTEE while acting within the scope of the official’s or employee’s offtce or employment under circumstances in which a private person would be found to be liable in accordance with the general laws of the State of Florida, and subject to the limitations as set out in Section 768.28, Florida Statutes, as it may be revised, amended or renumbered from time to time.

8. GRANTEE will have reasonable right of access across GRANTOR’s property for the purposes of reaching the described easement (Exhibit “A”) on either paved or unpaved surfaces. Any damage to GRANTOR’s property or permitted improvements thereon as the result of such access to the described easement or the construction, maintenance, or repairs located within the described easement shall be restored by GRANTEE, to the condition in which it existed prior to the damage, as is reasonably practicable.

is LEECOUhW >DYClill\l cl:~lc*ll (Page 2 of 5) 141b Per& m Easement Grant .*c

9. By acceptance of this easement, the GRANTEE assumes no responsibility for ownership or maintenance of any associated roads. The easement is strictly for utility purposes.

10. This easement will be binding upon the parties hereto, their succxssors in interest and any assigns.

(Balance of Page Leff Intentionally Blank)

‘\ ‘\ ‘\ \ ‘\

\ ‘1,

(Page 3 of 5)

IN WITNESS WHEREOF, the GRANTOR has caused this document to be signed on the date and year first above written.

[I * witness’ Signature]

~~~~c, 5&f& I! vype or Print Name]

AgzL&&&J q2” Witness’ Signature]

d&ES G LJFL C-H [Type or Print Name]

S-f@V@fi p&-b ky

[Type or Print Name]

Tr=s+ e e

[Title]

STATE OF FLORIDA

COUNTYOF LEE

The foregoing instrum&;tVyrs signed and acknowledged before me this /L/ day of f%G ,&P 20& by?qw who produced the following as identification

I

and who did/did not take an oath.

[stamp or seal] i “rrl ;jlBy/J&A- nature of Notary]

[Typed or Printed Name]

Approved and accepted for and on behalf of Lee County, Florida, this __ day of I 20-.

ATTEST: BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN, CLERK OF LEE COUNTY, FLORIDA

BY: BY: Deputy Clerk Chairman

APPROVED AS TO FORM

BY: Office of the County Attorney