Parcel 103/503, 104/504TO:
FROM:
DATE:
RE:
Memorandum
Sue Filson
Executive Manager
Board of County Commissioners
Margaret Kreynus ~/~ ~_'
Transportation Division - Right-of-Way Office
October 14, 2002
Immokalee Road Phase 2 project, 60018
Outdoor Resorts, Parcel Nos. 103/503 and 104/504
Attached you will find two originals of the same Donation Agreement for execution by
Chairman James N. Coletta, concerning the above-mentioned transaction. Please be
advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved
the attached document.
Resolution No. 2001-450, adopted by the Board of County Commissioners on
November 27, 1998 (agenda item no. 16[B]5), authorized the acquisition of easements
and/or fee simple parcels required for the construction of the four lane improvements to
Immokalee Road; and further authorized its Chairman, and any subsequent Easement
Agreements and Purchase Agreements, on behalf of the Board. Most recently, June
25, 2002, the Board adopted Resolution No. 2002-312 (agenda item no. 10M)
authorizing the acquisition of right-of-way by condemnation, if necessary. Please ask
Chairman Coletta to execute the attached Donation Agreements on behalf of the Board
of County Commissioners, and then forward to the Clerk of Minutes and Records for
attestation. Please ask the Clerk to forward one original to Heidi Ashton.
Thank you.
Attachments
Office of the Real Property Management Department
Project: Immokalee Road/60018
Parcel: Outdoor Resorts/103, 104,
Folio: 00192280000
503 & 504
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between OUTDOOR RESORTS OF NAPLES, INC., a Florida
corporation, (hereinafter referred to as "Owner"), whose mailing address is 2400 Crestmoor
Road, Suite 200, Nashville, Tennessee 37215, and COLLIER COUNTY, a political
subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to County a fee-simple interest
in the lands described in Exhibit "A" and a perpetual, non-exclusive easement for slope,
drainage and utility purposes over, under, upon and across the lands described in Exhibit "B"
(said lands hereinafter singularly or collectively referred to as the "Property"), which is
attached hereto and made a part of this Agreement; and
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;
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 described in Exhibit "A" via Warranty Deed and
the Property described in Exhibit "B" via a Slope, Drainage and Utility Easement to County at
no cost to the County, unless otherwise stated herein.
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 County 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 County executes this Agreement;
provided; however, that County 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
County's enjoyment of the Property.
4. Owner is aware and understands that this Agreement is subject to: a) the Owner
and County executing a Surface Water Detention/Retention and Discharge Agreement, to
address stormwater detention/retention associated with the Immokalee Road widening
project and b) the acceptance and approval by the Board of County Commissioners of Collier
County, Florida.
{OR553006;1}1
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 County; 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 County, 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 County against and
from, and to reimburse the 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 court, in bankruptcy or administrative proceedings or
on appeal), penalties or fines incurred by or asserted against the County 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 County 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.
County 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 County.
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 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
{OR553006;1}2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: //.,/,z~/,/,~
AS TO COUNTY:
DATED !:~~/.~'~ 2,,~,,~-'
' .D~. IGHT E. BR~)C~, Clerk
- t '~- ..... ,DeDt~ty Clerk
BOARD OF COUN~.IY COMrv~SSlONERS
, Chairman
Attest'as to Chalmmn'$
signature 'only,.
AS TO OWNER:
WIT,,NESSES: / -
~/itr~ess (Signature~
Name: [--~J~ ~d~C~'~/-~i~
, rint
Witness (Signature)
Name:
(Print)
OUTDOOR RESORTS OF NAPLES, INC.,
a Florida corporation
Name:
(Print or type)
Title:
(Print or type~)
Approved as to form and
legal sufficiency:
H~i F A§hto~
Assistant County Attorney
{OR553006;1}3
Sep~06-02
01:39pm
Frae-Collier County Attorney Office
~oo' R/W
NORTH UN£ OF SE:OTION 2S
IMMOKALEF' ROAD
~'.~-
941T?4 0226
T-645 P.005/013
N
NOT TO SCALE
DESCRIPTION:
The Northerly 50.00 feet, together with the
Southerly 11.00 feet, of the Northerly 61.00 feet, of
the, Easterly,262.13 feet, of the following described
parcel: The West I/2, of the Northwest 1/%. of the
Northeast 1/4, of Section 26, Township 48 South,
Range 26 East, Collier County, Florida, excepting
therefrom the nofth 100 feet thereof granted for
highway Hght-of-way. Canto]nine 0,823 acres more
or leas.
NOT TO$C.,~L~t
Notes:
1, This is not o survey.
2. Basis of bearing is N/A,
3. Subject to easements,
reservations and restHctions of
record.
4. This is o revision of o Wilkison
& Assoclc~tes Sketch and
Description which merged with "
Wilson-Miller, effective July 1, 2002. '
F-4$g
Sep-OG-OZ 01:39pm From-Collier County Attorney Office 941 774 0Z26 T-646 P.006/013 F-459
.__~00' NORTH lINE OF S~'CTION 26
IMMOKALEE ROAD
O.A. 141D. P~.
DESCRIPTION:
The Northerly 50.00 feet, together with the
N
NOT TO SCALE
NOT TO~,J~
Sou*harry 11.00 feet, of the North,fly 61.00
feet, of the Westerly 123.00 feet, of the
following described parcel: The E;s~: 1/2, of
the Norl:hwes[ 1/4., of the Northeast 1/~, of
Section 2§, Township 48 South, Range 26
East, Collier County, Florida, excepting
therefrom the north 100 feet thereof granted
for highway right-of-way. Containing 0.788
acres more or less.
Notes:
1. This ls not cl survey.
2. Basis of bearing Is N/A.
3. Subject to eaeemenl:s,
reservoUons and restrictions of
record.
4. This is a revision of a Will<ison
& Associates Sketch and
Description which merged with
Wllson-Miller, effective July 1. 2002.
EX BrT'
DAVID 3. J~'ATT, '~1~1. (FOR I'H~ FIRM)
FLA. Ut/NO. 5~'~4
R~:VI!$E:D 7/24 ./~2 NOT VALID ~THOUT ~HE SlaNATURE AND
RE'~SED _5~.22.~'02 THE ORIGINAL RAISED SEAL OF A
REVISED 2/11/02 UC~N. sl:D SURVEYOR AND MAPPER
SKL-rCH AND DESCRIPTION
Sep~0E-0Z 01:3gpm From-Collier County Attorney Office 941 774 OZZ$ T-645 P.007/0]; F-4$g
NORTH LINE OF ~EC'TION 25
N
NOT TO SCALE
DESCRIPTION:
The Southerly 18.00 feet, of the Northerly
79.00 feet, together with the Northerly 11,00
fee{, of the Southerly 29,00 feet, of the
Nerther/y 79.00 feet, less and except the
Easterly 282.13 feat, of the following described
pcr==l: The East 1/2, of the Northwest 1/4,
of the Northeast 1/4, of Section 28, Township
48 South, Range 26 tea{, Collier County,
Florida, excepting therefrom the noH:h 100 leer
thereof granted for highway right-of-way.
Containing 0.400 acres more or less.
NOT TO
No{es:
1. This Is not a survey.
2. Basis of bearing Is N/A.
3. Subject to easements,
reservc~ions and restriction= of
record.
I Page_ I of~ ·
DAVID d! I~ATT?~-.$.kI~(-IrOR T~E nR~)
I
~. uc BO, 5B~ .
: NOT V~D ~O~T ~E ~GNA~RE ANO
', ~E ORI~NAL RAIS~ SE~ OF A ~ORIDA
, U~ ~R~YOR RND MAPPER
...... ~r,~. CH2M~iLi
~~~ J~ SK~CH ~D D~CRIP~ON
Sep,0$-0Z 01:39pm From-Collier Count~ Attorney Office 941 774 0ZZ$ T-NS P.008/013 F-459
100' R/W NORTH UNE OF SECTION 2e
Fi
DESCRIPTION:
IMMOKALEE ROAD
The Southerly 18.00 feet. of l:ha NortheHy
79.00 feet, together with the Northerly 11,00
feet, of the Southerly 29.00 feel:, of the
Northerly 79.00 feet, less end except the
Westerly 12.~.00 feet, of [he following described
porceh The East 1/2, of [he Northwest 1/4,
of the Northeast 1/4, of SecUon 26, Township
48 South, Range 26 East, Collier County,
Florida, excepting therefrom the north 100 feel:
[hereof gronl:ecl for highway right--of--way,
.Con:oining 0.4-09 acres more or less,
NOT TO SCALE
NOT TGS~.AI.~
Notes:
1. This Is not o survey.
2, Basis of bearing is N/A,
3. Subject to easements,
reservations end restrictions of
record.
FL.A, IJC. NOf/~e34 ~I~'
NOT VALID '~THOUY 'Il.gE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF' A FLORIDJ
U..CE.N-~-~-n b*~JRVEYOR AND MAPPER