White Lake Donation Agreement Tract D & Tract B Phase 3 (2) PROJECT: White Lake Utility Easement
PARCEL: Tract D and Tract B, Phase Three
White Lake Corporate Park
Donation Agreement approved by the 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 WHITE LAKE COMMONS ASSOCIATION, INC., a Florida not-for-profit
corporation, (hereinafter referred to as "Owner"), whose mailing is 2180 West SR 434, Ste 5000,
Longwood, FL 32779, 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, The White Lake PUD-PL 201700044287 requires, and 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.
Page 1 of 3
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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
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. Owner 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. Owner 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.
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. This Agreement is governed and construed in accordance with the laws of the State of
Florida
Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this Donation Agreement to be executed
the dates set forth below.
Approved by BCC pursuant to Resolution 2010-39
AS TO COUNTY: Dated: V �.�,ZZa
BOARD OF COUNTY COMMISSIONERS or
COLLIER COUNTY, FLORIDA, AS THE GOVERNING
ATTEST: BODY OF CO IER COUNTY AND AS EX-OFFICIO
CRYSTAL K. Ki1v'zEt,'•"•••
THE GOV I BOAR . E COLLIER
CLERK {`' -' COUN A E ♦ r " • RICT
,44 AWO* atira. By• /
14.
ties as o Chairman's ,Depuf CI'!
�' �' IY SOLIS, Chairman
signature only.
AS TO OWNER: Dated: 7/31( I
WHITE LAKE COMMONS ASSOCIATION, INC.,
a Florida not-for-profit corporation,
Witnes,Oidnature By:
//1
Print: Sr?p ., 6{HJ,-
Print Name: t r01 eci ` Its:
!�.. ,gam
Witness Signat i
Print Name: /Ilt/s 1`..hn(je l
Approved as to form and legality:
%Ca
Jennifer A. Belpedio , As nt County Attorney (�I>�1g
Page 3 of 3
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�/
�/� I B®iIE I WHITE LAKE CORPORATE PARK PHASE THREE POC DESC.
NE CORNER
Page_i,of PLAT BOOK 34, PAGE 45 TRACT "B"
•••+- / ---- SO1'57'08"E 23.12'
N88'02'S2"E 10.00 POB DESC.
/ N01'57'08"W 15.00' S01'57'08"E 15.00'
SHEARWATER STREET r
LOT 17 "TRACT R" S88'02'52"W 10.00'
I (A.E., D.E., M.E. & C.U.E.)
0 7.5 15 30 I
I 1
1"=30' Ios `
a LEGEND 10' U.E.
Li
A.E. = ACCESS EASEMENT PLAT BOOK 34, PAGE 45 "TRACT B"
o C.U.E. = COUNTY UTILITY EASEMENT (A.E., D.E. & U.E.)
'> D.E. = DRAINAGE EASEMENT
* DESC. = DESCRIPTION
° M.E. = MAINTENANCE EASEMENT
B POB = POINT OF BEGINNING
g POC = POINT OF COMMENCEMENT
U.E. = UTILITY EASEMENT \ N
B ® = SANITARY MANHOLE N
o
- -0- = POWER POLE \
/
o = GUY WIRE ANCHOR N '
o W = FIRE HYDRANT
? = WATER VALVE
o -W- = WATER LINE
DESCRIPTION
E A TRACT OF PARCEL OF LAND LYING IN "TRACT B", WHITE LAKE CORPORATE PARK PHASE THREE AS RECORDED
W IN PLAT BOOK 34, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL BEING
Z MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Q.
B COMMENCING AT THE NORTHEAST CORNER OF SAID "TRACT B" THENCE S.01°57'08"E. ON THE EAST LINE OF
4. SAID "TRACT B" FOR 23.12 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
'a
THENCE CONTINUE S.01°57'08"E. ON THE EAST LINE OF SAID "TRACT B" FOR 15.00 FEET;
QS
THENCE S.88°02'52"W. DEPARTING SAID EAST LINE FOR 10.00 FEET TO AN INTERSECTION WITH THE WEST LINE
• OF SAID "TRACT B";
-111
e THENCE N.01°57'08"W. ON SAID WEST LINE OF SAID "TRACT B" FOR 15.00 FEET;
0
U
0
THENCE N.88°02'52"E., DEPARTING SAID WEST LINE FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN;
:E-
CONTAINING 150 SQUARE FEET, MORE OR LESS.
N
g BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE PLAT OF WHITE LAKE CORPORATE PARK PHASE THREE,
0
PLAT BOOK 34, PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN THE EAST LINE OF
"TRACT B" BEARS S01°57'08"E. ..„
i y„ Digitally signed by Timothy Jon
e .,,s;;...=.,;� DeVries,License No.LS6758
• NOTES: _� , Professional Surveyor and
— 1. THIS SKETCH IS NOT A SURVEY. es. 0 i Mapper
',,'�o�Sw,y'?' .-' Date:2018.05.16 1352:05
Q.• 2. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF -Q n, „..` -04'00'
a WHITE LAKE CORPORATE PARK PHASE THREE, PLAT BOOK 34, TIMOTHY J. DEVRIES DATE
.- PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, PROFESSIONAL SURVEYOR AND MAPPER
WHEREIN THE EAST LINE OF "TRACT B" BEARS S01'57'08"E. FLORIDA CERTIFICATE NO. LS 6758
" 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO NOT VALID WITHOUT THE SIGNATURE AND THE
Qs
ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
PARCEL. SURVEYOR AND MAPPER.
10'X 15'COLLIER COUNTY UTILITY EASEMENT
LYING IN "TRACT B" IjI/LI6610 Willow Park Drive,Suite 200
WHITE LAKE CORPORATE PARK PHASE-THREE Naples,Florida 34109
Phone:(239)597-0575
PLAT BOOK 34,PAGE 45 FAX: (239)597-0578
SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST LB No.:6952
COLLIER COUNTY,FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
160073.00.02 35 49S 26E 1-=30' 05/09/18 TJD 014 SD CUE 1 OF 1
EXHIBIT_..Q POC DESC.
Page__Of�--.7---- POB DESC. NE CORNER
"TRACT D" "TRACT D"
(U.E., D.E. & L.B.E.) N89'00'01"E 15.00'
\11 S89'00'01"W 66.00'
N00'53'09"W 10.00' S00'S3'13"E 10.00'
589'00'01"W 15.00'
SHAW BOULEVARD N
"TRACT A"
_ LOT 1
LEGEND
A.E. = ACCESS EASEMENT WHITE LAKE CORPORATE PARK ,
,E_ C.U.E. = COUNTY EASEMENT PLAT BOOK 31, PAGE 26
6 D.E. = DRAINAGE
NAGE EASEMENT
w
DESC. = DESCRIPTION
L.B.E. = LANDSCAPE BUFFER EASEMENT
N POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
o U.E. = UTILITY EASEMENT
", = POWER POLE 0 7.5 15 30
i
o >r = FIRE HYDRANT 1"=30' /
oa = WATER VALVE
S —W— = WATER LINE LOT 1 A
X = LIGHT POLE /i
c
0
DESCRIPTION
0
A TRACT OF PARCEL OF LAND LYING IN "TRACT D", WHITE LAKE CORPORATE PARK AS RECORDED IN PLAT
• BOOK 31, PAGE 26, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
a COMMENCING AT THE NORTHEAST CORNER OF SAID "TRACT D" THENCE 5.89`00'01"W., ON THE NORTH LINE OF
SAID "TRACT D" FOR 66.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE S.00'53'13"E. DEPARTING SAID NORTH LINE FOR 10.00 FEET TO AN INTERSECTION WITH THE SOUTH
a LINE OF SAID "TRACT D";
m THENCE S.89°00'01"W., ON SAID SOUTH LINE FOR 15.00 FEET;
a THENCE N.00°53'09"W., DEPARTING SAID NORTH LINE FOR 10.00 FEET;
THENCE N.89°00'01"E., FOR 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
it
8 CONTAINING 150 SQUARE FEET, MORE OR LESS.
• BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE PLAT OF WHITE LAKE CORPORATE PARK, PLAT BOOK
t 31, PAGE 26, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN THE NORTH LINE OF "TRACT D" BEARS
a S.89`00'01"W.
"""", Digitally signed by
M `'o. JON
pF 's,"`1, TimothyJon DeVries,
J'A' �jGEAtS'••�iF`
o
o ; a ',`PI :..., License No.L56758
3'' p =8= Professional Surveyor
NOTES: `0• r"EOF •/ and Mapper
1. THIS SKETCH IS NOT A SURVEY. 1 p ••,<OR1„P b� Date:2018.05,18
'''o,,tgt Surtv01 r`'``` 13:44:47 04'00'
a 2. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ,,,� „*,
WHITE LAKE CORPORATE PARK PHASE THREE, PLAT BOOK 34,
TIMOTHY J. DEVRIES DATE
PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, PROFESSIONAL SURVEYOR AND MAPPER
00
WHEREIN THE EAST LINE OF "TRACT B” BEARS S.89°00'01"W. FLORIDA CERTIFICATE NO. LS 6758
m 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO NOT VALID WITHOUT THE SIGNATURE AND THE
ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
I PARCEL. SURVEYOR AND MAPPER.
10'X 15'COLLIER COUNTY UTILITY EASEMENT
LYING IN "TRACT D" 6610 Willow Park Drive,Suite 200
Naples,Florida 34109
WHITE LAKE CORPORATE PARK Phone:(239)597-0575
PLAT BOOK 31,PAGE 26 FAX: (239)597-0578
SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST1Y11411 LB No.:6952
COLLIER COUNTY,FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
160073.00.02 1 35 49S 26E 1"=30' 05/10/18 _ TJD 014 SD CUE2 1 OF 1