Donation Agreement - Avalon of Naples PROJECT: Davis Blvd./County Barn Road WM Relocation
PARCEL: Avalon of Naples, LLC
FOLIO: 00403880005
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between AVALON OF NAPLES, LLC, a Florida limited liability company
(hereinafter referred to as "Owner"), whose mailing address is 5800 Lakewood Ranch Blvd. N,
Sarasota, FL 34240 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 "CCWSD"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112.
WITNESSETH:
WHEREAS, CCWSD requires a perpetual non-exclusive Utility Easement over, upon, through
and across the lands described in Exhibit "A", which is attached hereto and made a part of this
Agreement, (hereinafter referred to as the "Easement Area") for purposes of constructing, operating,
maintaining, and accessing utility facilities thereon; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD 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 Easement Area
to the CCWSD 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 Area requested by
CCWSD; 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 Easement Area via a Utility Easement to CCWSD at no cost to the
CCWSD, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement Area, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement Area upon their recording in the
public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to
CCWSD 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 CCWSD executes this Agreement; provided; however, that
CCWSD 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 Easement Area.
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 Easement Area and all uses of the Easement Area 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 Easement Area
except as specifically disclosed to the CCWSD; that the Owner has no knowledge of any spill or
environmental law violation on any Easement Area contiguous to or in the vicinity of the Easement
Area to be conveyed to the CCWSD, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien
against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Easement Area. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and
to reimburse the CCWSD 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 CCWSD by reason or arising out of the breach of Owner's
1
representation under Section 5. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. The CCWSD 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. Owner 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 Easement
Area from the mortgagee(s). The cost of a title commitment shall be paid by CCWSD.
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 Easement Area 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 Easement Area 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 Easement Area before the Easement
Area held in such capacity is conveyed to the CCWSD, 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.)
9. 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: Resolution 2010-39
AS TO COUNTY:
DATED: 10—I+ lP
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT,E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
( .L �> ' Y�. AND AS EX-OFFICIO THE GOVERNING
Clerk BOARD OF THE COLLIER COUNTY WATER-
est as to,41• .li SEWER DIS ,RICT
signature only.
BY:
Donn Fiala, Chairman
AS TO OWNER:
WITNESSES:
c ) y Avalon of Naples, LLC, a Florida limited liability
Witness ignature)_ company
Na SHERRY S.DODDEMA
(Print) , 12, By: Neal Communities of Southwest Florida,
J / AU-7,/ z" ,,44.1 LLC, a Florid limited liability company, its
Witness (Signature) Manager
Name: Priscilla G.Heim
(Print) By:
Print Name�'p aures shier
Title: /' //A
Approved as to form and legality
CIES ATTEST.
Assistant County norucy _ (�j \�\' '19DWIGHT E. SPOOK,Clink
ay)
\ By:
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G:\SURVEY\PROJECT SURVEY 2016\81 - DAVIS AND COUNTY BARD RD\SURVEY\16-81-SL-1.DWG