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Parcel 701 / YMCAMEMORANDUM JUL 2 ? 1999 TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT DATE: JULY 27, 1999 RE: PINE RIDGE ROAD WIDENING PROJECT COLLIER COUNTY PROJECT NO. 60111 PARCEL: 701 /Y.M.C.A. Attached you will find one (1) Donation Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert Zachary, Assistant County Attorney, has reviewed and approved the attached documents. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-228, Item 8(b)(5), dated May 11, 1999. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for pick-up of the original document so that I may record. Thank you. Attachment as stated PROJECT: Pine Ridge Road 60111 PARCEL: 701/Y.M.C.A. FOLIO: 00255240000 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between Y.M.C.A. OF COLLIER COUNTY, IKC., a Florida corpora!ion, (hereinafter referred to as "Owner"), whose mailing address i:; 5450 YMCA Road, Naples, Florida 34109, and COLLIER COUNTY, a political subdivision of the State of Florida. (hereinafter referred to as "County"), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112. WlTNESSETH: WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement for the purpose of filling, grading and placing concrete, asphalt or rock, on the Owner's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and/or to provide for a continuous transition between the existing driveway and the newly constructed road, sidewalk, and drainage improvements on Pine Ridge Road. The Temporary Driveway Restoration Easement shall be over, under, upon and across the lands described in Exhibit "A" (said Temporary Driveway Restoration Easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property 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 Property requested by County; and 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. Owner shall convey the Property via a Temporary Driveway Restoration Easement to County at no cost to the County, unless otherwise stated herein. 2. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 3. The Closing ("Closing") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by tile County, unless extended by mutual written agreement of the parties hereto. 4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 5. The County shall pay for all costs of recording th~ conveyance instrument in transaction in the Public Records of Collier County, Florida. Any and all other costs shall be paid by Owner. 6. O;vner represents lhal the Property and all uses of the Property have been and presently are in compliance with all Federal. State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property excepl as specifically disclosed to tho Counly; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous lo or in the vicinity of the Property to be conveyed to the Counly that lhe Owner has not received notice and otherwise has no knowledge of a) any spill on the Properly, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, Ireatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Ov,,ner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse lhe County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of coud, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asseded against the County by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. This Agreement and the terms and provisions hereof shall be effective as el the date this Agreement is executed by both padies 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. 9. Conveyance of the Properly by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the 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. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: ~'/ll/q~ ~('b')5" AS TO COUNTY: ATTEST: DWIGHT E. BROCK. Clerk '~.;Z4~./-' //,~/'/~ f~ /f,/ Clerk Deputy AtteSt ~ to Chm~r~a~'$ WITNESSES: First Witness (Signature) Name: (Print or Type) Second Witness (Signature) (Print or Type) BOARD OF COUNTY COMMISSIONERS Pamela S. Mac~, Chai~oman Y.M.C.A. of Collier County, Inc., a Florida corporation Name/Title Name: (Print or type) Approved as to form and legal sufficiency: Robert ~a~/a~ Assistant County Attorney OI~ I~ IC£ 017 CAPII'A£ 1 fiOJl~Cl5 EAST ]AMIAIVII IRAIL lqAPLES, fLORIDA (941) 774-8192 ~4 1 1 2 TAX PARC[:L tJO.~Q253, g.~.~. o~ ICI I OF LEGAL. DESCRIPTION ~ A SURVEY I~ I, DI':SCI~dPTION :\ l,;.cd ol land lying in Section 12, Tmvnship 4g Soulh. Ran~,e 25F., (:oilier C<~unb,' I:I, ,~ ida, and I~eing more particularly described as fo/lows; 'Iht lia~t 75 0 fl.'et ofthe West 317,0 feet ofthe North 20 feet ofthe Soulh g5 feel oflhe l!n~l IM£.fthe Southwest Quarter oflhe Soulhwest Ouarler, Seclion 12, Township 4() ,%.I h, I~ange 25 East, Collier Counly. Flo~'ida ('~H:d.ing 1500 square Feet more or less. OFFICE OF CAPITAL PROJECTS COLLIER COUNTY C 330 OVERNMENT COMPLEX "" ~- ''.