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106RDUE Donation AgreementPROJECT: FOREST LAKES MSTU 162523 PARCEL No(s): 106RDUE FOLIO No(s): 00263120002 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 1,5t4 day of ova,;r , 2013, by and between FOREST LAKES GOLF & TENNIS CLUB, BUILDING NO. 1, INC., a Florida non- profit corporation, as to an undivided twenty -five percent (25 %) interest, whose mailing address is c/o Guardian Property Management, 6704 Lone Oak Blvd., Naples, Florida 34109, and FOREST LAKES GOLF & TENNIS CLUB, BUILDING NO. 2, INC., a Florida non - profit corporation, as to an undivided twenty -five percent (25 %) interest, whose mailing address is 187 Forest Lakes Blvd., Naples, Florida 34105, and FAIRWAY FOREST. VILLAS is�E =012MENT- INC., a Florida �.k'Ie n corporation, as to an undivided fifty percent (50 %) interest, whose last known mailing address was 171 Commercial Blvd., PO Box 7937, Naples, FL 33941, (hereinafter collectively 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. C�7 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." 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 Last Revised: 9/26/13 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. 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: ATTEST: DWIGHT E. BROCK;%Clerk Cj E "6st uty Clerk sigrature only. AS TO OWNER: DATED: fti ss (Si6na ire) I Name Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER UI�I� , FLORIDA BY ,—__1A^-,1 K // , TOMS ENNING, hair n FOREST LAKES GOLF & TENNIS CLUB, BUILDING NO. 1, INC., a Florida non - profit corp. a By: Print: P Title: Y P Witnegss (Sign ure) Name (Print or ype) CP- ATTE T: D1f+/IG CROCK, Clerk 30 APProved as to form and legality Assistant County At Last Revised: 9/26/13 9 FOREST LAKES GOLF & TENNIS CLUB, BUILDING NO. 2, INC., DATED: a Florida non - profit corp. Witness (Signature) Name (Print or Type) DATED: (Sig Name((P'rint or Type) " t --� /--, Witness (Sign ature) Name (Print or Type) Approved as to form and legality: Jennifer A. Belpe , Assistant County A orney cli c, Last Revised: 9/26/13 G, 3-11 � 0-(_ Cr- FAIRWAY FORESI(VILLAS�� INC., a disse4 *d -Pwida corporation n. w V �t i t By: Print: :Towt�t Al -.2)0a 6(4,7 -iLry 9� LEGAL DESCRIPTION PARCEL 106RDUE A ROAD, DRAINAGE AND UTILITY EASEMENT OVER THE SOUTHERLY 60 FEET OF FOREST LAKES GOLF AND TENNIS CLUB RECREATIONAL FACILITIES, PER CONDOMINIUM BOOK 15, PAGE 44 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 THE FOREST LAKES GOLF AND TENNIS CLUB RECREATIONAL .FACILITIES AS SHOWN IN CONDOMINIUM BOOK 15, PAGE 44 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WESTERLY BOUNDARY OF SAID RECREATIONAL FACILITIES, NOV45'25 W FOR 60.00 FEET; THENCE N89'14'35'E FOR 250.97 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID RECREATIONAL FACILITIES; THENCE ALONG THE OVERALL PERIMETER OF SA!0 FOREST LAKES GOLF AND TENNIS RECREATIONAL FACILITIES THE FOLLOWING TWO (7) DESCRIBED COURSES'. 1) THENCE 500'45'25 "E FOR 60.00 FEET; 2) THENCE 589'14'35 "W FOR 250.97 FEET, TO THE POW OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 15058.3 SOUARE FEET OR 0.35 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. R;I�HAEi.A -. :YARD .TE SIGNED RtiORIJF 'PROFESSIONAL LANE' SJRVLI'OR CERTIRCATE No. 141 5301 140'P VALID 'ia i%OtI THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A F)LCFFIDA: LICLkSEfi SURVEYOR ANC MAPPER. THIS IS: NOT A SURWY TtCP•+ ROW AUG 0 2Gii PROJECT: FOREST LAKES HSTU ��T r�wc LEGAL DESCRIPTION %�J 0 co 'NjvjNc AL PARCEL 106RDUE (ROAD, DRAINAGE AND UTILITY EASEMENT) aamvu, P.* 06... Suiw 2u�A5� PREPARED FOR: COLLIER COUNTY Naplm. Fb..,W WOO pt— WW' W-0675 FAX. (2]5) 557 -05>2 LO N-695-2 6'952 900 NUMBER REVISION SECTION TCN'NSHtP RANGE SCnLE DATE CRAW,V BY FILE NW SHEET 070190.06.00 0 i4 495 25E ,� 792 i!11_ R.A.K. _ 106RDUC OF EXHIBIT Page I of c� 9 .0 W E S 0 30 60 GRaPHI�� 1,-60, FOREST LAKES GOLF FOREST LAKES GOLF & TENNIS CLUB AND TENNIS CLUB BUILDING NO. 2 CONDOMINIUM FOREST LAKES GOLF AND TENNIS BUILDING N4 1 C.B. 15, PG. 40 -45 C.B. 19, PG. CLUB RECREATIONAL FACILITIES, DECLARATION OF 115_110 C.B. 15, PG. 44 CONDOMINIUM O.R. DECLARATION OF I 856 PC. 916 CONDOMINIUM O.R. 952 PG. 1952 - - -__ — — A 0 N89' 14'35 "E 250.97 Z— — — -- — — �0 0 0 o w 106RDUE c ° FOREST q 15058.3 SF c N LAKES BLVC -- m 589'14'35'%' 250.97' _ SOUTHERLY yOUNDARY OF RECREATIONAL FACILIIfES L POB i S.W. CORNER OF FOREST LAKES GOLF & TENNIS CLUB RECREATIONAL FACILITIES i TURTLE LAKE GOLF COLONY CONDOMINIUM APTS, BLDG. BUILDING NO. 12 C.B. 13, PG. 87 -98 DECLARATION OF CONDOMINIUA! C.R. 820 TURTLE LAKE GOLF COLONY I PG. 197 CONDOMINIUM APTS, BLDG. 11 C.B. 14, PG. 42 -53 DECLARATION OF CONDOMINIUM O.R. 835 PG. 479 LEGEND POS = POINT OF BEGINNING O.R. = OFFICIAL RECORDS BOOK PC. = PACE ' f P.B. PLAT BOOK C.G. = CONDOMINIUM FLAT BOOK 110. = NUMBER SF = SQUARE FEET BLVD = BOULEVARD L = LANE R = RADIUS A = DELTA CB — CHORD BEARING C = CHORD Cl = SEE CURVE TABLE �tq I , 1011 Il: f .W 5: \}qJ) \OMISp.p(.pp iw.se ,.k.s v5)V \�: SiHrn Np 0..cnet;amlM.+ 00 \0)Ol90pfpp_rpep� PROJECT: FOREST LAKES MSTU SKETCH OF LEGAL DESCRIPTION PARCEL 106RDUE (ROAD, DRAINAGE AND UTILITY EASEMEA'T) PREPARED FOR: COLLIER COUNTy JOB NUMBER REVISION S'cCT011. 701YNSHIP RANG r 07U19C .-.00 0 LAIC 14 49S 25E 1 1" = 6C EXH f.,B -- Page oC of /a CONSULTING Csa bgW eig Z t r rt 1 swv";ig A: m4n;,g L —1 _h 6610 WkWK Park Llrfue, Suite 2D0 Nao" `Florida 34109 Rene' 1239) 597 -0_75 FAX: (2'a9) 597.05711 L9No.; 6952 Dl,TC ORAIVN BY F!i C NAME S -)E. ET 7/21/:1 R.A.K. 106RDUE 2 OF 2 �I 01;