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Creekside IQ Water Main - #29350000029 PROJECT:CREEKSIDE IQ WATER MAIN PARCEL RES Florida 1265 Holdings,LLC TAX ID U. 29350000029 ACCEPTED BY BCC PURSUANT TO RESOLUTION 2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between RES FLORIDA 1265 HOLDINGS, LLC,, a Florida limited liability company, (hereinafter referred to as "Owner"), whose mailing address is 1370 Creekside Boulevard, Naples, FL 34108-1945, 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, its successors and assigns, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of IQ water irrigation lines and pipes, service, and other equipment or improvements, over, under, upon and across the lands described in Exhibit "A" (said 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 an 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 1 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, 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. The Owner reserves rights to use the easement for sidewalk, landscaping and detention area and other uses that do not violate rights otherwise granted by Owner to County. 9. Owner shall plant no trees within eight (8) feet of the proposed improvements. 10. Maintenance of all sidewalks, landscaping and detention area, other uses shall be the sole responsibility of Owner. Any damage to the property resulting from the IQ water irrigation improvements, and maintenance activities, will be the responsibility of the County. 11. 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. 2 12. 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. 13. 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.) 14, 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: (APZ/0/0( 0 aeglAton. ) 471 /6 ) AS TO COUNTY: DATED: g111-12-0 (17 ........ ATTEST: , BOARD OF COUNTY COMMISSIONERS _ DWIlLitT•g.:421ROc K, Clerk OF COLLIER COUNTY,FLORIDA, AS • - THE GOVERNING BODY OF COLLIER - r • COUNTY AND AS EX-OFFICIO THE • _ At- , V L , GOVERNING BOARD OF.THE COLLIER -•••• -Deputy Clerk COUNTY 40-SEWEWDISTRICT Attest as to Chairman's- signature only. BY: //....6.LLme _ PENNY TAbri"--, Chairig Approved as to form and legality: NT- CILJkc' Jennifer A. Belpedio, Assisw County Attorney (1., 3 AS TO OWNER: DATED: 1\ t\ cl WITNESSES: 4r Witness#1 (Signature) RES FLORIDA 1265 HOLDINGS, LLC, a Florida limited liability company V%c_ . A 11.— r---$ Witness#1 (Print Name) Ir. By: KRISDAN MANAGEMENT, INC, a Florida corporation WittLijesivs#2(Sign re) I 14164114 iehrYarhn Its: Managing Member Witness#2(Print N e) BY:02 llbaniel Hall, Assistant Treasurer 4 -POINTOFCOMMENCEMENT IMMOKALEE ROAD(SR 846) ‘‘.I 1 I A,C,4THWST CORNER Oc LOT 15 CREEKSIDE COW,WOR+CPAn WEST- LAIT 7)14; c 9 '1p 1 PUT BCTOR 35, P4CE. 43 4 44 �_ i� . ,..>., JJ (845'5 or REARING) (S89'48'16"E 20.91' # 589'45'15T 17339©' # t POINT OF II --S16°47'59"E 108.75' fk/ BEGINNING i N16`4T591W 112,89'-" 'I LOT 15 ! I CR£iXS'D aM(JtWRCE.PARK WEST 1f5'(7R. £SWT IM'PPL($W1. i UNIT lily ( 8G2-PG1978) I PLAT 900K3$, PACE 43 d 44 I/-505°34'16"E 164.13' N05°34'16'Nl1172,16' 5'ITL ISMS-5.. �°,3 Ne668-P08.9 fistiDiCED PfV!AY SCALE:1'.100) '.. ) CREEKSIDE STREET E ! K5 ' I LOT 14 GREE63E CDtMfP,..£FARM WET- UNIT/lY7 TRACT R(PER PLAT) i IIR=25.00' FLdr BOR 35, PAGE 4,S h 44 9i 0=53°07'36" — — — � _ , __ _ CB=S57®52'16"W _. - ---"I C=22.36' -------- i L=23.18' DESCRIPTION A PARCEL OF LAND BEING PART OF LOT 15 OF CREEKSIDE COMMERCE PARK WEST UNIT h TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST BEING , MORE PARTICULARLY DESCRIBED AS FOLLOWS° COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 15 ALSO BEING ON THE g SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (SR 846) THENCE RUN ,§ S89'48'16"E ALONG SAID LINE FOR 173,90 FEET TO THE POINT OF' BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID LINE S89'48`16"E FOR a 20.91 FEET; THENCE DEPARTING SAID LINE RUN 516'47'59"E FOR 108.75 FEET TO AN INTERSECTION WITH THE WEST LINE OF .A 5.00 FOOT WIDE FLORIDA POWER & LIGHT (FPL) EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 668, PAGE 383 IN SAID PUBLIC RECORDS; THENCE RUN S05'34'16"E ALONG SAIL) WEST LINE FOR 164.13 FEET TO AN INTERSECTION WITH A NON-TANGENT CURVE AND THE NORTHERLY LINE OF TRACT R (CREEKSIDE STREET) OF SAID CREEKSIDE COMMERCE PARK WEST - UNIT TWO; THENCE ALONG THE NORTHERLY UNE OF SAID TRACT R 4 ALONG SAID CURVE TO THE RIGHT, RADIUS OF 25.00 FEET. (DELTA 53'07'36") (CHORD BEARING S57'52°16"W) (CHORD DISTANCE 22.36 FEET) FOR 23.19 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE DEPARTING THE NORTHERLY LINE OF SAID TRACT R RUN NO5'34'16"W FOR 172.16 FEET; THENCE c's RUN N16'47'59"W FOR 112.89 FEET TO THE POINT OF BEGINNING, ii PARCEL CONTAINS 13,195 SQUARE FEET• OR 0.302 ACRES MORE OR LESS, BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 15, PLAT OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC R RECORD OF COLDER COUNTY, FLORIDA, WHEREIN SAID EAST UNE OF LOT 15 BEARS 589'48'16-E. F NOTES: THIS IS NOT A SURVEY sr 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH UNE OF LOT 15, PLAT OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 <Y 44, • PUBLIC RECORD OF COWER COUNTY, FLORIDA, WHEREIN R SAID NORTH UNE OF LOT 15 BEARS S85'48'16'E, KEVIN M. RISCASSI _ (FOR THE FIRM L8-642) .k PROFESSIONAL SJRVEYOR AND MAPPER • 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS FLORIDA CERTIFICATE NO. 6433 .E TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE t SUBJECT PARCEL, DATE SIGNED: 3. PARCEL CONTAINS 5.619 SQUARE FEET NOT VALID YATHOUT THE SIGNATURE AND THE (0.128 ACRES) MORE OR LESS. ORIGINAL RAISED SEAL OFA FLORIDA LSCENSED SURVEYOR ANO MAPPER, JCNNS�N ENGdN(ERINC,?N:, � _, 1 t; (' 7122 Ja $Q s UTILITY EASEMENT#3 fI \- rprr usKrsRORIoiS=acot_1 SKE7CN&DESCRIPTION p.,-.3c 1239; 335-90.5 ENGINEERING Ef6`,6.z03 :12 tt.2 r, SMS,. E ElT A'v 36,20,7 70.410'-f717� 77_.9--75 M Snc«a �i d ,