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Bermuda Greens Donation Agreement PROJECT Bermuda Greens IQ-Point of Delivery DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between BERMUDA GREENS CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, (hereinafter referred to as "Owner"), whose mailing address is 13136 Castle Harbour Drive, Naples, FL, 34110, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "District"), whose post office address is 3335 Tamiami Trail East, Suite 101, Naples. Florida 34112, WITNESSETH: WHEREAS, District has requested that Owner convey to the District a perpetual, non-exclusive easement for the purpose of access, installation, and maintenance of an IQ water booster pumping station and other utility appurtenances, over, under, upon and across the lands described in Exhibit "A" (said Utility Easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, District will own and operate the booster pumping station within Exhibit "A"; and WHEREAS, District has requested that Owner grant to the District a temporary Right of Entry for the purpose of access and right to enter over, upon and across the lands described in Exhibit "B" (said Right of Entry hereinafter referred to as the "ROE"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property and the ROE to District for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner will have complete ownership and maintenance responsibility of the utility facilities downstream of the Point of Delivery (hereinafter referred to as "POD"), and as described in Exhibit -C-; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the District 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 District; 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 Utility Easement and grant ROE to District at no cost to the District, unless otherwise stated herein, Lt.') 2. 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 District on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date District executes this Agreement; provided; however, that District shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting District's enjoyment of the Property. 4. 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 5, Owner represents that 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 except as specifically disclosed to the District: that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the District, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the District against and from, and to reimburse the District 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 court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the District by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title, 7. The District shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. District shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by District. 8. 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. 9. Conveyance of the Property 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 District, its successors and assigns. Of 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: 4023),z o 11 _4 %L . 1 /67 3 1 AS TO DISTRICT: DATED: I©J 7/2_0/ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FL,O1OA,,'''`AS, THE GOVERNING BODY zoF ' COLLIER COUNTY AND AS �C.TOFFICI© THE GOVERNING BOARD Ofr-7HE"COLLIER COUNTY WATER-SEWEk=' ?1 ;FRICT ti -/7-;„ cy„ ��" �iI�/ � r�rl'i;9deyiitll�Y'!!! ,,•> 0-20;C.:• BY. poseputy Clerk TIM NANCE, Chairman Atest as to • rman's' signature only. Approved as to form-al-1d legality: Jennifer Belpedio,Ass unty Attorney 37 '1 AS TO OWNER: DATED: /0/57/ WITNESSES: �- ®�v.__ BERMUDA GREENS CONDOMINIUM Witness#1 (Signature) ASSOCIATION, INC., a Florida not for profit corporation l.-f(G i n CA Witness#1(Print Name) By: k,_,-Y, Fred mma, President (Signature) a .S(Y) 1-1\ Witness#2(Print Name) it\2015\20757T6\G1f\Su\ACET[rtE5\2015-od-24 17.5.35 JE\G-U£-S O.d.q'o toys ,' .,,." 25, 20,5- 2• co,'"S 7+ott.n.air '':GKa''." Illai THIS IS NOT A SURVEY ii f { EXHIBIT .�._ Page_...Lcif. i 0 20 40 N r ,.. ,.--POB , r = 40' O Ss X1 19 N. It NORTHERLY/'•°° F�ic� -</ c4AFfi T� `, BOUNDARY dF TRACT A 4'S''° /04/ iii� `S `' UNE BEARING DISTANCE oe is; S �l &� N L1 S.36'44'34"W 35.00 "9f% c76k° O,Q , S��� , L2 N53'15'26"W 35.00 ° L3 N36'44'34"E 35.00 �F�F�/L? • oe�-1,/ '4)' l4 553'15'26"E 35,00 e4,�,FS°' S) c-'9T -.. / TRACT A ° ( POC f/ g fR M1«LtiNA .1q rE LE 39 OF TRACT EC TRACT MAP P.B. 18 PG. 95-96 1 1 TRACT C LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 46 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING A PART OF TRACT A, BERMUDA GREENS, TRACT MAP, A SUBDIVISION RECORDED IN PLAT BOOK 18, PAGES 95 THROUGH 96 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT C. AS SHOWN ON SAID BERMUDA GREENS, TRACT MAP PLAT; THENCE ALONG THE NORTHERLY BOUNDARY OF TRACT A, AS SHOWN ON SAID PLAT, RUN N53'15'26"W FOR A DISTANCE OF 152.65 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING SAID NORTHERLY BOUNDARY OF SAID TRACT A, RUN S36'44'34"W FOR A DISTANCE OF 35.00 FEET; THENCE RUN N53'15'26"W FOR A DISTANCE OF 35.00 FEET; THENCE RUN N36'44'34"E FOR A DISTANCE OF 35.00 FEET, RETURNING TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT A; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT A, RUN S53'15.26"E FOR A DISTANCE OF 35.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,225 SQUARE FEET MORE OR LESS. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF SAID TRACT A AS BEING N53'1 5'26"W. HOLE MON TES, INC. ABBREVIATIONS CERTIFICATE OF AUTHOR 'ATION NUMBER LB 1772 P.B. = PLAT BOOK `` , PG. = PAGE POB = POINT OF BEGINNING ��' _ P.S.M. #6278 POC = POINT OF COMMENCEMENT ' JOHN . ,ILTON STATE OF FLORIDA DRAWN BY: DATE: 950 En.• e Way I DRAWING N0. R.A.K. 6 24 15 Naples, FL. - B-7187 CHECKED BY DATE: phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION YRafCT NO. 6 J.J.H. 6/24 15 HOLE MONTES Florida Certificate of 'SEC-TWN-,RCE SCALE: Ea 7.'EtS a.l'S ''P''''AS Authorization No.1 772 . FILE NAME 14-48S-25E 1" = 40' SC-UE-SKO.drg EXHIBIT "B" Tract C, as depicted on the plat for Bermuda Greens, recorded at Plat Book 18, Pages 95 and 96, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "C" The Point of Delivery (POD) is located on the discharge side of the booster pumping station where the 4-inch PVC IQ Water line crosses the southeastern boundary of the 35 foot utility easement as shown in the sketch below. ./t43 'N.,...., \,, *t 4 }..„)) N'''.-.,,,,,,,,„,:.N.,,,,redts. ,. Yr ' 4/ \ .. ''''',..,,,..\:',.. r' "' w .9Q 5,‘ 1 _NT ,,,,,,,,,,,*N, * *•.Ali 41°' 4 . ''''''SN''N 4 6 4, r I\ -NN...„:',4,,,,s, AP ilk , Pfi0P.r):3,) Ir . cw .'Faint of Delivery