Donation Agreement (8050 Trail Boulevard, LLC) PROJECT: Pelican Ridge Water Rehab
PARCEL: 8050 Trail Blvd.
FOLIO: 67340160009
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between 8050 TRAIL BLVD., LLC, a Florida limited liability company (hereinafter
referred to as "Owner"), whose mailing is 8050 Trail Blvd., Naples, FL 34108, 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 the "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
utility easement for the purpose of utilities and maintenance 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; 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 ($10.00) Dollars, 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 to County at no cost to the County,
unless otherwise stated herein.
2. Prior to the date of closing (the "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 Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless the 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.
Page 1 of 3
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
agrees 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 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
and title insurance policy, if required, 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 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.)
Page 2 of 3
•
11. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, the parties have caused these presents to be executed the dates
set forth below.
AS TO COUNTY: Dated: /h2Ji •
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
ATTEST: AND AS EX-O- ICIO THE GO RNING
Dwight E. Brock, Clerk. BOARD OF HE 'OLLIE-„ve; WATER-
SEWER r ST:
btis, cLw 0 By: A
,� ;!uty Clerk Andy Solis,Chairman
Attest as to airmant
signature only..
AS TO OWNER:
8050 TRAIL BLVD, LLC
WIT ESSES:, a Florid limite. liability company
_.� �_ . � By.
ness' (Signature)
�
Name: I ar.I L SC 1 Print: ✓aG� I��`
� cS 01;
(Print)
Its: F
Witness (Signature)
Name: Are, .-�
(Print)
Approved as to form and legality
C RQ (-)7
Jennife A. Belpedi . ssistant County Attorney C__
Page 3 of 3
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