Publix Donation Agreement PROJECT: Orangetree Publix Watermain Looping Project
FOLIO: 63810090124
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 PUBLIX SUPER MARKETS, INC., a Florida corporation,
(hereinafter referred to as "Owner"), whose mailing address is 3300 Publix Corporate
Parkway, Lakeland, FL 33811-3311, 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, 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 grant to the County a perpetual, non-
exclusive easement ("Easement") for the purpose of access, installation, and maintenance of
water utility facilities and other related water utility appurtenances, over, under, upon and
across the lands described in Exhibit "A" (said property that is subject to the Easement
hereinafter referred to as the "Property"), which is attached hereto and made a part of this
Agreement;
WHEREAS, Owner desires to grant the Easement 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 grant the Easement
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 Easement 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 grant the Easement via a utility easement to County, in a form
approved by Owner and County, at no cost to the County, unless otherwise stated herein.
2. Prior to granting the Easement, 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 granting the Easement.
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3. This Agreement shall be null and void, and of no further force or effect, unless
granting of the Easement 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 Easement.
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. To the best of its knowledge, 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, 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 the recording of the Easement.
6. The County shall pay for all costs of recording the Easement, 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.
7. 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.
8. Granting of the Easement 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.
9. 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.)
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10. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, Owner and County have caused these presents to be
executed the date and year written below.
DATE ACQUISITION APPROVED BY BCC: - Ia,3 110
ATTEST: BOARD OF COUNTY COMM�SSIO-NER8-r,
CRYSTAL K.KINZEL, COLLIER COUNTY, FLPR1DA, AS THE
INTERIM CLERIC GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFIC1O /THE-.
GOVERNING 'OARD OF THE COLLIER_
bdRJAL,' -, COUNTY E' EWE:' : ' ICT
Attest as t0 ~ ,' Clerk , • ,
BY:
signature p is . l'''
9 A DY SOLIS, Chairman
Approved as to form and legality:
Jenn' r A. Belpedio, igaitant County Attorney
AS TO OWNER:
WITNESSES:
(- 'j"----n-------- PUBLIX SUPER MARKETS, INC., a
Witness (Signature) Florida corporation
She ,;" - Mosv.She.CCA
Witness Name (Print)
iY (1e VBY: 6)tiG LA) igirgi4n ('/
Witness (Signature)
Nicole Ash Name: William W. Rayburn, IV
Witness Name (Print) Title: Vice President of Real Estate Assets
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ppCOASTAL CECI Group Services
ENGINEERING Coastal and Marine Engineering
CONSULTANTS EXHIBIT Environmental and Geological Services
INC• Pare ‘ .._.Of _ Land and Marine Survey and Mapping
Website: www.coastalengineering.com
A CECI GROUP COMPANY
PUBLIX SUPERMARKET
PROPOSED 15' WIDE COUNTY UTILITY EASEMENT (C.U.E.)
LEGAL DESCRIPTION
A FIFTEEN (15') FOOT WIDE STRIP OF LAND LYING IN NEIGHBORHOOD SHOPPES AT
ORANGE TREE, TRACT 2 REPLAT, AS RECORDED IN PLAT BOOK 61, PAGES 78
THROUGH 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NEIGHBORHOOD SHOPPES AT
ORANGE TREE, TRACT 2 REPLAT,RUN NORTH 00°25'50" WEST ALONG THE WEST LINE
OF SAID TRACT 2 REPLAT SUBDIVISION FOR A DISTANCE OF 61.57 FEET;
THENCE LEAVING SAID LINE NORTH 89°34'10" EAST 15.00 FEET;
THENCE SOUTH 00°25'50" EAST 61.57 FEET TO THE SOUTH LINE OF SAID
SUBDIVISION;
THENCE ALONG SAID SOUTH LINE SOUTH 89°34'10" WEST 15.00 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 924 SQUARE FEET OF LAND.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINES * - HORIZATION NO. LB 2464
I
RICHARD J. EWIN , '.
PROFESSIONAL SUR EYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
DATE OF SIGNATURE: /- / 9' •/g
3106 S.Horseshoe Drive,Naples,Florida 34104*Phone(239)643-2324*Fax(239)643-1143 *E-mail:info@cecifl.com
SERVING FLORIDA SINCE 1977
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