TBC Tree Farm 1, LLC Donation Agreement TREE FARM PUD EASEMENT
Tax ID#00188040005
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 TBC TREE FARM 1, LLC, a Florida limited
liability company, (hereinafter referred to as "Owner"), whose mailing address do The
Brookline Companies, LLC, 14004 Roosevelt Blvd, Suite 601C,Clearwater, FL 33762,
Attn: William B. Yeomans, Jr., 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 access, installation, and maintenance of
utility facilities and other utility appurtenances, 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 a 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 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. 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
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
DATE ACQUISITION APPROVED BY BCC: 111}) 2-0 16
AS TO COUNTY: I
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,,AS THE
GOVERNING BODY OF COLIER
DWIGHT E. BROCK, Clerk COUNTY AND AS EX-OFFICIO THE' '
• GOVERNING BOARD SOF THE
COLLIER CO TY WATER- WER
,„
DISTRICT
keit 1 0,C-
Attest as E �,;; R -;•uty Clerk
Q!VI1UtUt a V4
„t BY:
Algt
Approyed-aa to fdfm and legality: ANI) 50L15 , Chairman
Jennie. Be(Pedio A•Qant County Attorney (Th
AS TO OWNER: \Q`(p�
Amo y. 4 TBC TREE FARM 1, LLC, a
Witness(Signature) Florida limited liability . -pany
e ,rF4\ 1I
wit -ss Name Priri) 44/:'
, 11110A.
Witness(Signature) William B. Yeo' ans, Jr. Its Manager
� ,,, i L At'HALL MA1 c:341k i\U'
z .., MY COMMISSION#GG 053385
•
'�•���: EXPIRES:December 7 2020 ��( y„ � tl t
Fo• a•, Bonded 111 Notary Public Underwnters s A4( ., W Held/ t Kk�! tioA .A MCA
,,..•• 11L. AWL.,
l.11 ts'e'1 tiN,5 0r, Dvo\l A CLI i.v1i
PARCEL. NO ou188G4 48TKRCE_ `c:? 4019004'403 1
OR 4525, PG 278 0R 4413. PG 3834
N90'OO'03.E 39 48' j I
NO:Fo+'_U w 0.0Y--
590.00'0C'W 158.'3' CC
{ 1 Q
t
{ W
sa 00'oo"W 38 4t,-'-- L POES
ry x
DESC.i ,i V: a tri
.2E S::^'vA \ ,'4A:., A i f...
LIz V 'C
`R 4413 3834 CI_i tCtiga
PARC.c r`. 00190041403 i i
00 4413, p;, 834 - 4
O1 r
0 0 15,_30 60
LEGENDhj
DE '7ES:RF ,N i f 3
HT(
C F CIAL RECORDS BOOK 1 1 o f
P" PAGE ( "-?
r'-.C- POINT OF COMMENCEMENTi r'1 1
i 11 3B PO N1 F F EiEGIN . j. I
bi
J
V
FORMER RIGH OF-WAS' _OE.. � ��-�
8
a i
8
'i CANAL NIGHT-,OF-WAY _ i
(100 W[)E)
y
A POC DESC. -4,
:. SE EJPNER of N. '
ESECTF0N 22 i
5E T:01 22
,, SECTION 27 T
t IMMOKALEE ROAD
DESCRIPTION
a A "RACY OR PARCEL OF LAND !.YNG tN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR
4 PARCEL !S MORE PARTICULARLY DESCRIBED AS FOL LOWS.
CONMENC NG AT THE SOUTHEAST CORNER OF SAID SECTrTO 22 THENCE 0.00'50'18"W. ON THE EAST UNE OF SAID SECTION 22 FOR 250 01
$ FEE' TC AN 'NTERSECTION ATH THE EASTER,Y PROLONG/JON OF .'°E NORTH LINE CF RESERVATION TRACT A AS RECORDED IN OFFICIAL
E RECORDS BOOK 4411 PAGE 3834, PUBIC RECORDS OF Cr .TER COUNTY. FLORIDA.
THENCE 5.90'00'QC'W., ON SAID EASTERLY PROLONGATION AND NORTH LINE FOR OR '68.13 FEET TO THE POINT OF BEGINNING OF THE.
• HEREIN DESCR BED PARCEL,
E
?HENCE CONTINUE: ON SAA.: NORTH LINE S.90'0O`00"W-. FOR 38.45 FEET.
'THENCE N C0'CO C0"W., DEPART SAD WORTH LINE FOR ?0 00 FEET;
• HENCE N-90'00TOO'E., FOR 38 45 FEET;
M. THENCE c Ou OC'OO ., FOR 10.00 FEET TO TME POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; ���1 J. °#
1'/
✓ CONtkNlNG 384 SOLARE FEET OR 0 01 ACRES. MORE 4R LESS. ` .AO E 14(4,,...
BEARINGS HERE NABOVE MENTIONED ARE BASED ON STATE PLANE COORCINATES, FLORIDA. ZONE EAST, NZ'�. "ti 4', TA.. !E . 3 NSR.,..:
2311) WHEREIN THE EAST UNE OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST BEARS N CO'4• 8"..,..i.:: `1 *...
K".
NOTES 2--- -/'.:
,.+J' v" � ,/THIS SKETCH SNOT A SURVEY. r.L.�"" y1ATE i //I 7 �-;i�•
r 2. BEAR GS EREON ARE BASED ALONtG STATE PLANE . «
COORDINATED FLORIDA ZONE EAST. NORTH AMERICAN DATUM TIMOTHY J. DAN-. PLOWOt E ' NI'
TT:: OF 83 (NSRS 2011) WHEREIN THE EAST LINE CF SECTION 22, PROFESSIONALS +E' R AND E�
IF. TOWNSHIP 46 SOUTH, RANGE 26 EAST BEARS N 00 5O' 8'- W. FLORIDA CERTIFICA7l,R+IQ x9.8558+'
3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO NOT VALID WITHOUT THP AtaMOT,',S2E AND THE
70NtNG OR DEVELOPMENT RFSTRlCTiONS ON THE SUBJECT ORIGINAL RASED SEAL OF A FLORIDA LICENSED
2 SLRVE")R AND YAPPER, TH''S ,5 No- A S R;'E''
COUNTY UTILITY EASEMENT InAL 5610 Willow Park Dr..Suite 200
Napier,Florida kDr 344109
PARCEL OF LAND Phone(239)597-0575
LYING IN SECTION 22,TOWNSHIP 48 SOUTH, RANGE 26 EAST Fax:(239)597-0578
LB No.:6952
COLLIER COUNTY, FLORIDA ENGINEERING
110027.00.00 22 48 26 1"=60` 7/26/17 TJD SD CUE 1 3 1