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LIMITED GRANT OF EASEMENT
This Indenture, made and executed this :Jo day of ScPT , 2001, by and between Corkscrew Growers, Inc., hereinafter referred to as "Grantor," and Beach Road Development Co. LLC, hereinafter referred t� as "Grantee."
WNS SEITEH: T
That for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee, its successors and/or assigns, a Non-Exclusive Easement having a width of one hundred fifty feet (150') for ingress, egress, drainage and underground utility purposes over and across the property described in Exhibit "A," which is attached hereto and incorporated herein.

This Easement is appurtenant to and intended for the benefit of the properties described in Exhibits "B" and "C", which are attached hereto (collectively referred to herein as "Property") and shall run with the land and the current owners of Exhibit "B", their successors and/or assigns shall retain the benefits and bear the burdens of the Easement herein granted. As of the date this Easement is recorded, Grantee is not the owner of any portion of the iand described in Exhibit "B". However, as of the date this E,.isement i� recorded, it is the intent of the Grantor and Grantee that the obligations of Orante� hc:reiii shail run to the Grantee named herein. If Grantee does not become an owner of all or any portion of the property described in Exhibit 118" by February 15, 2002, the obligations of Grantee herein shall automatically become the obligation of the owner(s) of Parcel l described in Exhibit "B".

This Easement shall terminate if construction of a roadway, (the "Roadway") and the access points, ("Access Points"), hereinafter collectively referred to as the "Facilities," to service the Property has not been commenced within five (5) years from the date hereof. If at the end of such five (5) year period construction of the Facilities has not commenced to service the Property, Grantor shall be entitled to record an affidavit (the ''Non-CommencementAffidavit"), in the Public Records of Lee County, Florida stating that construction of the Facilities has not commenced, which Non­ Commencement Affidavit shall constitute notice that this Easement has terminated. Grantee shall, at any time after the end of such five year period and provided a Commencement Affidavit has not been recorded during the five year pe ·"d, and upon the request of Grantor, execute and deliver all such further instruments or documents and take such further action as may be reasonably necessary or appropriate in order to give effect to Grantor's rights of termination as reserved hereunder should Grantor, in its sole discretion, deem such further action to be necessary. If, prior to the end of such five (5) year period, construction of the Facilities to service the Property has been commenced, Grantee shall be entitled to record an affidavit, (the "Commencement Affidavit"), in the Public
 ..1(.Meffl'5..QfLee County, Florida. The Commencement Affidavit shall state that construction of the
DEPUTY CLERK B Cruz
DOC TAX PO!F,S.201,02> 51705.00	1
RECORDINi FEE	60, 00
LEE COUNTY
ClilRLIE BREEN CLERK OF CllJRT
RECORD£D 09/27/01 09:31 AM
OR BIC 03491 PG 2184
IISTR I 5244347
1••·  ..········••1

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OR Bl 03491 PG 2185

Facilities has been commenced, and have attached to it a Certificate of Commencement signed by an engineer licensed to practice in the State of Florida. If such a Commencement Affidavit is recorded in compliance with this paragraph, it shall constitute record notice that this Easement cannot be terminated, and any Non-Commencement Affidavit subsequently recorded shall be void and of no force and effect. Grantor shall, at any time during such five year period, and upon the request of Grantee, execute and deliver all such further instruments or documents and take such further action as may be reasonably necessary or appropriate in order to give effect to Grantee's rights to confirm the commencement of construction as reserved hereunder should Grantee, in its sole discretion, deem such further action to be necessary.
Grantee shall provide for Grantor's use and benefit Access Points to Grantor's property, more particularly described in Exhibit "C" attached hereto, at quarter (1/4) mile intervals over the length of the Easement. Grantee's obligation to construct said Access Points shall be subject to the following limitations:

Grantee shall only be obligated to build Access Points which are approved and permitted by the appropriate governmental authority for vehicular ingress and egress. Grantee warrants to Grantorthat it will make a good faith effort to obtain approval and permitting from the appropriate governmental authority for the Access Points and shall exhaust all of its available administrative remedies in obtaining such Access Points should the same not be approved or permitted by the appropriate governmental authorities.

Such Access Points shall consist of driveway/roadway entrances and curb cuts, if necessary, from the edge of the Roadway pavement up to the edge of the easement property, unless there is a ditch or swale between the Roadway and the edge of the easement property, in which case the driveway/roadway entrances shall be built up to the Northern edge of such ditch or swale, it being agreed by the parties that Grantee is not obligated to build any bridges or culverts as part of the Access Points.

Grantee shall not be obligated to build any acceleration or deceleration lanes as part of such Access Points, even if required by the applicable governmental authority.

The Access Points shall be built to provide motor vehicle access to Grantor's property at the points generally depicted in the sketch contained in Exhibit "A," attached hereto.
-d	.
Prior to designing and applying for any necessary permits for the Access Points,
Grantee shall notify Grantor in writing of its intent to proceed with the designing and permitting of the Access Points and Grantor, in its sole discretion, shall have the right to request less than four (4) Access Points and specify alternative locations for the Access Points. If Grantee has not received a response from Grantor within thirty (30) days after sending to Grantor the notice required by this

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OR Bl 03491  PG 2186

paragraph E, Grantee may proceed with its design and pennit application according to the terms of this Easement.

All such Facilities shall be constructed to the applicable Lee County Development Code roadway standards and any other applicable governmental standards.

The Grantee shall be solely responsible for the constructionand maintenance of the Facilities.

The Grantee shall, jointly and severally, indemnify, hold hannless and defend Grantor from and against any and all claims, demands, actions, losses and suits, damages and expenses and judgments, including attorneys' fees, which Grantor may suffer, incur or sustain, or for which Grantor may become liable because of the violation by the Grantee, its officers, employees or agents, of any laws, ordinances, or governmental regulations or because of injuries to or death of any person(s) or damage to or loss of property, arising out of or caused, directly or indirectly, in whole or in part from the installation, construction, operation, maintenance, repair, replacement or removal of the Facilities by the Grantee within the Easement or Grantor's ownership of the underlying fee simple title to that property more particularly described in Exhibit "A", attached hereto, except for any activities or actions of Grantor. This indemnification contained in this paragraph shall run to and inure to the benefit of Grantor only, and not the successors and assigns of Grantor, notwithstanding any language in this Easement to the contrary.

The Grantee, at its own cost or expense, shall procure and continue in force, general liability insurance and real estate environmental liability insurance, naming the Grantor as an insured, against any and all claims which Grantor may suffer, incur or sustain, or for which Granter may become liable because of the violation by the Grantee, its officers, employees or agents, of any laws, ordinances, or governmental regulations or because of injuries to or death of any person(s) or damage to or loss of property, arising out of or caused, directly or indirectly, in whole or in part from the installation, construction, operation, maintenance, repair, replacement or removal of the facilities by the Grantee within the Easement or Grantor's ownership of the underlying fee simple title to that property more particularly described in Exhibit "A", as to improvements constructed by Grantee. Such insurance, at all times, shall be in an amount not less than Five Million and Noll 00 Dollars ($5,000,000.00). Such insurance shall be written with a company or companies authorized to engage in the business of issuing general liability insurance in the State of Florida in maintaining a rating no lower than "A" in the A.M. Best TK Rating Guide, current edition, and there shall be delivered to Grantor customary certificates of cqverage evidencing such insurance. Grantee's obligation to maintain insurance as required by this paragraph shall expire on the earlier of (i) four years after the date that Grantor conveys fee simple title to the property described in Exhibit "A", or (ii) December 31, 2012. If Grantee fails to maintain and provide evidence of the above-described insurance, Grantor shall have the right to (i) purchase such insurance for its benefit and seek reimbursement from Grantee of Grantor's costs in obtaining such insurance, including the right to file an action for damages in a court of competent jurisdiction to obtain such reimbursement,or (ii) enforce Grantee's

OIi Bl[ 03491	PG 2187

obligation to maintain insurance by suit for specific performance. In no event shall Grantor have the right to terminate this Easement as a result of Grantee's breach of this paragraph.

When required by Lee County, the Florida Department of Transportation, or another governmental entity, or after the "Facilities" have been put into place to service the Property, the underlying fee associated with this Easement may be conveyed by Grantor to Lee County, the Florida Department of Transportation, or another governmental entity, for dedication as a public right of way. Such conveyance and dedication may be done unilaterally by Grantor or shall be done at the request of Grantee, in either event, Grantee shall bear all costs and expense associated with such conveyance and dedication. If either the construction of the Facilities or the conveyance of the underlying fee to a governmental entity entitles any party to obtain impact fee credits, such credits, up to an amount equal to the amount paid by Grantee for this Easement and the amount expended by Grantee for construction costs which qualify for the receipt of impact fee credits, shall run to the benefit of Grantee, and Grantor agrees to execute such documents as necessary for Grantee to obtain such impact fee credits. Any impact fee credits available which are in excess of Grantee's cost for this Easement and Grantee's qualified construction costs shall run to the benefit of Grantor or the successor owner of fee title to the Easement area.

Except as provided herein, this instrument shall be binding on, and inure to the benefit of, the successors and/or assigns of the parties hereto.

IN WITNESS WHEREOF, the Grantor has executed this instrument or caused the same to be executed by its representatives,thereunto duly authorized on the day and year first written above.

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W	ss Signa� -	lJ,
Print Name:Ct..\Ntl	\JJ.fJ-,

(;JUNTOR:
C�rkscrew Growers, Inc.

Oil Bl( 03491 PG 2188

STATE OF�O�.u.-	)
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COUNTY OF /3-!"{#	)
The foregoing instrument was acknowledged before me by HeP	I<. Hl/?.IIBY, as
/'RE.s/ pe;uT	of Corkscrew .Growers, Inc. He/She is personally known to me or has produced	f-j._t}R,l}IJ PA'!vE# 5 L/C e�l'Eas identification.
SWORN AND SUBSCRIBED TO before me, this	11,Jday  o��.2001.

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My Commission expires:  i>S --;}../-2,()0)	j'O(lr7,'-e	Jl'hl�h ez.­
Printed Name

MARGl!JIMENl!Z
MY C0MMIS8loN EXPIRES
May21,20011

OR •	o:M'Jl	PG 2189

Signed, sealed, and delivered in the presence of:

GRANTEE:
Beach Road Development Co. LLC
By: Resource Conservation Properties, Inc.
Its: Managing Member

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�Si�ature
Print Name:	�-- �)	� - t"-'!�"<	

�Print Name: �	(.-cu�
STATE OF FLORIDA COUNTY OF LEE

Its: _

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The foregoing instrument was acknowledged before me by �	 P. 'tJ1c,Ju,(IA*"'"T as Vc.c..e,- f'r t.s�d e.,d	of Resource Conservation Properties, Inc., Managing Member of Beach Road Development Co. LLC.	He/She is personally known to me or has produced
	as identification.

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SWORN AND SUBSCRIBED TO before me, this d1J--tt day of �e-,n..Lc-::v, 2001.
4s.
Notary Publi

My Commission expires: /-18-b.;J..J

LAtdl"-' CZ: t!/2111d11�wah.;
Printed Name	'

OR K	03491	PG 2190

ACKNOWLEDGEMENT AND CONSENT
The undersigned, as the current Owners of the property described as Parcel 1 on Exhibit "B" attached hereto, by signing below, hereby acknowledge and consent to the tenns of this Easement Agreement.

Signed, sealed and delivered in the presence of:

STATE OF  +\o'l'iA'(	)
) ss
COUNTY OF (,o\ \ie,Y"'	)

The foregoing instrument was acknowledged before me by J. Kent Manley. He is personally
known to me or a fJfuck:::ed 	 as identification.
SWORN AND SUBSCRIBED TO before -	this flf_day of	s.pt	, 2001.

NmBey�
My Commission expires:		
Printed Name

f.�	

,,,......,.,	Robert Rogers
MYCOMMISSIONI CC911U6 EXPIRES
�t	: 1	March 19, 2004
<K-:;iw	IONOOl THIIIJ TIO\' PAIN INIUIAIIQ. IMC,
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OR 81[ 03491  PG 2191

Neit4- ,-.J.,

Signed, sealed and delivered in the presence of:

STATE OF  Mor.Ace
COUNTY OF (.oll,«:

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)

The foregoing instrument was acknowledged before me by Dewey Gargiulo.	He is personally known to mr er bH produced	as idendflcacton.

N�:::fi?	•

SWORN AND SUBSCRIBED TO before me, this,	�  day of	Sel)'t:	, 2001.

My Commission expires:			 Printed Name

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OR K	03491	PG 2192

Signed, sealed and delivered in the presence of:

STATEOF flo<tdct	)

)ss

COUNTY OF Co l\,ev )

MICHAEL PROCACCI

�<Zn.�

Date: 'f / ft/ 0]
/1 

The foregoing instrument was acknowledged before me by Michael Procacci.	He is personally known to me c"-1:aes pwdtteed 	 as ideutmcatiou.
_j"--e_,...'1...1...;......._,_..	2001.
I

My Commission expires:

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Robert l!oge11
MYCOMMISSlONI CC912116 EllPIIES
March 19, ZD(M
IONOED !HIIU TIOY JAJI IIIIUWICf. IC

BBLS SURVEYORS & MAPPERS INC.
1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110
TEL. 941-597-1315
FAX 941-597-5207
PROPOSED ROADWAY
LEGAL DESCRIPTION
A PARCEL Of LAND LOCATED IN SECTION 3, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LEE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 48 sourn, RANGE 26 EAST, LEE COUNTY FLORIDA; THENCE N.89°S2'12"E. ALONG THE NORTI-1 LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 2629.72 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 3; 1HENCE N.89°52'32"E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 2629.8S FEET TO THE NORTHEAST CORNER OF. SAID SECTION 3� THENCE S.00°37'08"E. ALONG THE EAST LINE OF THE NORTIIEAST QUARTER OF SAID SECTION 3, A DISTANCE OF lS0.01 FEET; THENCE S.89°52'32"W., A DISTANCE OF 2629.61 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S.89°52'12"W., A DISTANCE OF 2629.48 FEET TO A POINT ON 1HE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE N.00°48'13"W., A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING.
BEARINGS REFER TO THE NORTH LINE OF TilE NORTHWEST QUARTER OF SECTION 3. TOWNSHIP 48 SOUTH, RANGE 26 EAST, LEE COUNTY FLORIDA, AS BEING AN ASSUMED BEARING OF N.89°52'12"E

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nus PR�)PERTY IS SlJBIECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS
o�	10/20/99
,  ....,_,_...,,._..E..-.B....-ERR-_-1�·. _,.	O_FFLO--RJD-A (LS #5296)
BBLS SURVEYORS & MAPPERS INC. (LB #6753)

984JS3LS.LWP
PROOFED 10/20199 SES

(SEE ATTACHED SKETCH - 9843S3LS)

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OR Bl{ 03491  PG 2195

Parcel "l "- and
Parcel "2"-

EXHIBIT "B"
All of Sections I and 2, Township 48 South, Range 26 East, Lee County, Florida.

Section 35, Township 47 South, Range 26 East, Lee County, Florida.

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OR 8IC 03491 PG 2196

EXHIBIT "C"
Section 3, Township 48 South, Range 26 East, Lee County, Florida.

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