1050 5th Avenue South Dooner Family Donation Agreement) PROJECT: CAT ADA EASEMENT
PARCEL: 1050 5ch Ave South
FOLIO: 19015400000
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between DOONER FAMILY EQUITIES, LTD., A Florida limited
• partnership, (hereinafter referred to as "Owner"), whose mailing address is 1010 5th Avenue
South Ste. 300, Naples, FL 34102, and COLLIER COUNTY, a political subdivision of the
State of Florida, (hereinafter referred to as "County"), whose mailing address is 3335
Tamiami Trail East, Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of constructing, operating, maintaining repairing and
replacing paving and facilities associated with a bus stop and shelter over, under, upon and
across the lands described in Exhibit "A" hereinafter referred to as the "Property"), which is
attached hereto and made a part of this Agreement;
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 via an 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 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 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,
i
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 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
2
IN WITNESS WHEREOF, the parties have caused these presents to be executed as
of the date and year set forth below.
AS TO COUNTY:
DATE ACQUISITION APPROVED BY BCC: I 0' Z'Cl I
ATTEST: BOARD F COUNTY COMMISSIONERS
DWIGH T E. BROCK,'Clerk COLLIE OUNTY, F , RIDA
` :. 0.),LLL,t -o(_ - BY:
J ,I -•uty rk D NNA FIALA , Chairman
st.as to Qh•
signature Ott.
AS TO OWNER:
DATED: December 30, 2016
WITNESSES:
L-4, fir Yi { „
Witness (Signature)
DOONER FAMILY EQUITIES, LTD.
Name: T.TIUT)A P _ VRETTA a Florida limited partnership
(Print)
By: DOONER MANAGEMENT, INC.
a Forida corporation
Its: General Partner
/4737/6W (/; 4e-61/
Witness. Signature)
V Print: NANCY D_ T.F.F.
Name: MARY A _ oXT.FY
(Print) Its: SECRETARY
Approved as to form and
legality:
Jennifer A. Belpedioc \P
Assistant County Attorney C'"" 40?-(
3
US 41 _ Tp,MIA p►9 RAIZ- EXHIBIT__
STATE ROA Pope of —1,—
1'21 w 265 46' / 'I
--- `- 583'0 /
POB DESC. / I
N
O
N '�
83.01'2L ` - '1 NORTH LINE OF
N TIER 11. BLOCK 15
0
NO6'33'34'W 2.00' IA POC DESC.
5$3'26'26"W 2.00' SITE OF BU5 STOP rn NE CORNER OF LOT 1
IMPROVEMENTS o TIER 11, BLOCK 15
o PLAT BOOK 1, PAGE 59
NOT 12'07"W 4.07'
582'47'53"W 21.30'
a
S'
o WEST 20' OF LOT 4 AND LOTS 5-10.
'^ TIER 11, BLOCK 15
o SEABOARD AND GULF RAILWAY COMPANY SUBDIVISION
S PLAT BOOK 1, PAGE 59
h PARCEL NO. 19015400000
§ OR 2076. PG 1341
o'
i0 1.25 2.5 5
DESCRIPTION 1
0" 1-=5'
++ A PARCEL OF TRACT OF LAND LYING SECTION 3, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
0
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, TIER 11,
E BLOCK 15 CF SEABOARD AND GULF RAILWAY COMPANY SUBDIVISION LEGEND
AS RECORDED IN PLAT BOOK 1, PAGE 59, PUBLIC RECORDS OF C = CHORD LENGTH
7,7 COLLIER COUNTY, FLORIDA THENCE S.83'01'21"W., ON THE NORTH CB = CHORD BEARING
-6 LINE OF SAID TIER 11, BLOCK 15 FOR 265.46 FEET TO THE POINT DESC. = DESCRIPTION
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; INST. = INSTRUMENT NUMBER
51. THENCE S.07'12'07"E. DEPARTING SAID NORTH LINE FOR 6.00 FEET; L = ARC LENGTH
OR = OFFICIAL RECORDS BOOK
THENCE 5.82'47'53"W., FOR 21.30 FEET; PG PAGE
THENCE N.07'12'07"W., FOR 4.07 FEET; POB. = POINT OF BEGINNING
POC. = POINT OF COMMENCEMENT
THENCE 5.83'26'26"W., FOR 2.00 FEET; R = RADIUS
A = DELTA ANGLE
a THENCE N.06'33'34"W., FOR 2.00 FEET TO AN INTERSECTION WITH --_.
Z5 SAID NORTH LINE;
g THENCE N.83'01'21"E. ON SAID NORTH LINE FOR 23.27 FEET TO
8 THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 133 SQUARE FEET, MORE OR LESS.
R BEARINGS HEREINABOVE MENTIONED ARE BASED THE NORTH LINE OF ......--
• SAID
,/SAID TIER 1 ', BLOCK 15 TO BEAR 5.83'01'21"W. a/ E -r�A 9
_m_! .
TIMOTHY J. DEV "
e NOTES: PROFESSIONAL SURVYOR_ ANu MAPPER
1. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO FLORIDA CERTIFICATE i'f). �S-6-7.58 .
N
• ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT NOT VALID WITHOUT Tr1F. `'7-4*.=J~4 AND THE
N PARCEL. ORIGINAL RAISED SEAL OF ,'� FLOR.DA LICENSED
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY,
COLLIER AREA TRANSIT 6610 WWillow Park Dr.,Suite 200
BUS STOP EASEMENT (ID 58) Iiiki Naples.Florida 34109
LYING IN Phone(239)559977-0°557785 597 0575
SECTION 3,TOWNSHIP 50 SOUTH. RANGE 25 EAST FaxLBNo. 6952576
LB No.:6952
COLLIER. COUNTY, FLORIDA ENGINEERING
150038.00.01 0 3 _y 150 _ 25 1"=5' _ 06/17/16_ TJD 150038.00.01 501 1 1