RESOLUTION WHEREAS, the City Manager recommends that the City Council approve the Agreement for Subordination of City Utility Interests.

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1 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA, APPROVING A SUBORDINATION OF CITY UTILITY INTERESTS AGREEMENT BE1WEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CAPE CORAL TO SUBORDINATE TO THE FLORIDA DEPARTMENT OF TRANSPORTATION THE CITY'S INTEREST IN UTILITY EASEMENTS; PROVIDING AN EFFECTIVE DA TE. WHEREAS, future development located on Pine Island Road and Hibiscus Drive is constructing a turn lane along Pine Island Road which requires the property owner to convey a portion of their property to the State; and WHEREAS, the City of Cape Coral has permanent utility easements in a portion of the property being conveyed to the State that have been determined by the State to be necessary for highway purposes; and WHEREAS, the State of Florida Department of Transportation (hereafter FDOT) 1s requiring the City to subordinate its interest in the utility easements to FDOT; and WHEREAS, FDOT is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; and WHEREAS, the City Manager recommends that the City Council approve the Agreement for Subordination of City Utility Interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA, AS FOLLOWS: SECTION 1. The City Council hereby approves a Subordination of City Utility Interests Agreement between the State of Florida Department of Transportation (FDOT) and the City of Cape Coral. The agreement provides that the City will subordinate its interest in three utility easements located at 2020 NE Pine Island Road as recorded in Official Records Book 3477, Page 4888; 2030 NE Pine Island Road as recorded in Official Records Book 3477, Page 4892; and 1394 Hibiscus Drive as recorded in Official Records Book 3929, Page The Subordination of City Utility Interests Agreement is attached hereto as Exhibit A. SECTION 2. Effective Date. This Resolution shall take effect immediately upon its adoption by the Cape Coral City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR COU CIL SESSION THIS DAY OF, MARNI L. SAWICKI, MAYOR VOTE OF MAYOR AND COUNCILMEMBERS: SAWICKI BURCH CARIOSCIA ESTA LEO ERB RICK WILLIAMS DONNELL

2 ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF APPROVED AS TO FORM: ~ ASSISTANT CITY ATTORNEY res / Subordination of Utility Interests 08/ 19/ 15/15 REBECCA VAN DEUTEKOM CITY CLERK. 2

3 EXHIBIT A 23-UTL.04-05/09 Date: August 18, 2015 This instrument prepared F.P. NO under the direction of: PARCEL Kristen Carlson, Chief Counsel SECTION Post Office Box 1249 STATE ROAD 78 City: Bartow, Florida COUNTY LEE Department of Transportation SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of, 20, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida and City of Cape Coral,a Florida Municipal Corporation, hereinafter called the City. W I T N E S S E T H: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the FDOT; and WHEREAS, the FDOT is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and FDOT agree as follows: City hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: SEE EXHIBIT "A" Legal Description and Sketches Page 1 of 7 for Parcel 500.3

4 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Permanent Utility Easement Permanent Utility Easement Permanent Utility Easement 8/24/2001 Kerry Cameron, Trustee under Unrecorded Land Trust Agreement 8/24/2001 Kerry Cameron, Trustee under Unrecorded Land Trust Agreement 5/8/2003 E.C. Stern Enterprises, Inc., et al City of Cape Coral City of Cape Coral City of Cape Coral 3477/ /4892 Amended Order of Taking 3929/3560 PROVIDED that the City has the following rights: 1. The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 3 above. Page 2 of 7 for Parcel 500.3

5 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence as witnesses: Signature Print/Type Name By: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary/Designee for District One Signature Legal Review: Print/Type Name Department Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of, 20,by, District Secretary/Designee for District One. He is personally known to me or has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No.: Page 3 of 7 for Parcel 500.3

6 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. Signature (OFFICIAL SEAL) Marni L. Sawicki, Mayor Print/Type Name ATTEST: Signature Rebecca van Deutekom, City Clerk Print/Type Name City of Cape Coral(s)' Mailing Address: City of Cape Coral c/o Real Estate Division P.O. Box Cape Coral, FL STATE OF FLORIDA COUNTY OF Lee The foregoing instrument was acknowledged before me this day of, 20 15, by Marni L. Sawicki, Mayor, who is personally known to me or who has produced as identification. (Affix Seal/Stamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 4 of 7 for Parcel 500.3

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