107RDUE Donation AgreementPROJECT: FOREST LAKES MSTU 162523
PARCEL No(s): 107RDUE
FOLIO No(s): 00259200004
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this l ' day of cp(, +®)�:ef , 2013, by and between
FOREST LAKES GOLF & TENNIS CLUB, BUILDING NO. 1, INC., a Florida non - profit
corporation, whose mailing address is c/o Guardian Property Management, 6704 Lone
Oak Blvd., Naples, Florida 34109, (hereinafter referred to as "Owner "), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is
c/o 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to
as "County ").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a non-
exclusive Easement to enter upon and to install, operate and /or maintain roadway,
bikepath and sidewalk improvements, street or roadway accent lighting, landscaping
and irrigation systems, drainage structures, and amenities appurtenant thereto including
but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems,
underground pipes, various types of water control structures and any and all manner of
public and private utility facilities over, under, upon and across the property described in
Exhibit "A" which is attached hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Easement to County, in a form acceptable to County and
at no cost to the County, unless otherwise stated herein. Said conveyance
(Owner's delivery to County of a properly executed easement instrument) is
hereinafter referred to as the "Closing."
191111
3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their
recording in the public records of Collier County, Florida. Prior to Closing and as
soon after the execution of this Agreement as is possible, Owner shall provide
County with a copy of any existing title insurance policy and the Closing
Documents, properly executed, witnessed, and notarized where required, in a
form acceptable to County.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days of the date of execution of this Agreement or
within thirty (30) days of County's receipt of all Closing Documents, whichever is
the later. This agreement shall remain in full force and effect until Closing shall
occur, until and unless it is terminated for other cause.
5. County shall pay all fees to record any curative instruments required to clear title,
and all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the Easement.
County shall have sole discretion as to what constitutes "reasonable processing
fees."
6. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and /or assignees,
whenever the context so requires or admits, provided however that the parties
hereto acknowledge that the easement contemplated herein shall constitute an
easement running with the land and shall burden the lands described in Exhibit
"A ". IF AT ANY TIME THE FOREST LAKES ROADWAY AND DRAINAGE
MUNICIPAL SERVICE TAXING UNIT SHALL CEASE TO EXIST OR THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY SHALL
CEASE TO OPERATE AS THE GOVERNING BODY OF THAT MSTU AND THE
FUNDS OF THAT MSTU SHALL BE EXHAUSTED THE EASEMENT AREA
DESCRIBED HEREIN SHALL REVERT TO GRANTOR, ITS SUCCESSORS OR
ASSIGNS.
7. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
Last Revised: 9/23/13
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8. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: L I'ao "cifJ
ATTEST.
DWIGHT E.' BRO K, Clerk
qty Clerk
�gttst a►s to Char,._
signature only.
AS TO OWNER:
DATED:
Witness (Sign ature)
Name (Print or Type)
Approved as to form and legality:
BOARD/OF C U TY COMMISSIONERS
COLLIE �O "ORIDA
BY:
GE IA A. HILLER, ESQ.,
Chairwoman
FOREST LAKES GOLF & TENNIS CLUB,
BUILDING NO. 1, INC.,
a Florida non - profit corp.
By:
Print:
Title: 0 - '.'4'-
Jenni er A. Belpedi
Assistant County Attorney
0
Last Revised: 9/23/13
THIS CONY�yANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO.
LEGAL DESCRIPTION
PARCEL 107RDUE
A 60 FOOT WIDE ROAD, DRAINAGE AND UTILITY EASEMENT OVER THE 'SOUTHERLY 60 FEET OF FOREST LAKES
GOLF AND TENNIS CLUB BUILDING NUMBER ONE, A CONDOMINIUM PER CONDOMINIUM BOOK 15, PAGE 40 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF FOREST LAKES GOLF AND TENNIS CLUB BUILDING NUMBER ONE, A
CONDOMINIUM PER CONDOMINIUM BOOK 15, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THENCE ALONG THE WESTERLY BOUNDARY OF SAID FOREST LAKES GOLF AND TENNIS CLUB, NOO'45'25'W FOR
60.00 FEET;
THENCE N89' 14'35 "E FOR 58.66 FEET TO THE BEGINNING OF A TANGENTIAL CURVE;
THENCE 320.00 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1145.90 FEET, THROUGH A
CENTRAL ANGLE OF 1600'00 ", AND WHOSE LONG CHORD BEARS 582'45'25 "E FORA DISTANCE OF 318..96
FEET. TO THE BEGINNING OF A NON— TANGENTIAL CURVE;
THENCE 296.77 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1057.98 FEET, THROUGH A CENTRAL
ANGLE OF 1604'18 ", AND WHOSE LONG CHORD BEARS S82 47'34 "E FOR A DISTANCE OF 295.80 FEET;
THENCE ALONG THE OVERALL PERIMETER OF SAID FOREST LAKES GOLF AND TENNIS CLUB BUILDING NUMBER
ONE, THE FOLLOWING FOUR (4) DESCRIBED COURSES!
1) THENCE SOO'49'42"E FOR 60.00 FEET TO THE BEGINNING OF A NON— TANGENTIAL CURVE;
2) THENCE 313.60 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1117.98 FEET, THROUGH A
CENTRAL ANGLE OF 1604'18 ", AND WHOSE LONG CHORD BEARS N82'47'34"W FOR A DISTANCE OF 312.57
FEET, TO THE BEGINNING OF A NON— TANGENTIAL CURVE:
3) THENCE 303.24 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1085.90 FEET, THROUGH A
CENTRAL ANGLE OF 1600'00 ". AND WHOSE LONG CHORD BEARS N82'45'25"W FOR A DISTANCE OF 302.26
FEET;
4) THENCE S89- 14.35 "W FOR 58.66 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HERLIN DESCRIBED:
CONTAINING 40528.0 SQUARE FEET OR 0.93 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
THIS IS NOT.A SURVEY
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(SIGN
MICH4EL A. WARD
DATE ,
FLORIDA PROFESSIONAL' LAND SURVEYOR CERTIFICATE No.
LS# 5301
NOT. VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA 110ENSED SURVEYOR AND MAPPER.
PARCEL 107RDUS (ROAD. DRAINAGE AND UTUXrY EASEMENT)
THIS IS NOT.A SURVEY
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PROJECT. FOREST LAKES MSTU~
LEGAL DESCRIPTION
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PARCEL 107RDUS (ROAD. DRAINAGE AND UTUXrY EASEMENT)
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LS No.: M2
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REVISION
SECTION
TOWNSHIP
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DATE
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i0 No.: 8952
DATE JDRAWN BY FILE NAME SHEET
'21 11 R.k.K, 107RDUE 2 OF
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