P.S. 305.06 - Donation Agreement (Glades Golf & Country Club) PROJECT: Basin 305 Pump Stations
PUMP STATION: 305.06
PARCEL: Various
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between GLADES GOLF AND COUNTRY CLUB, INC., a Florida not-
for-profit corporation (hereinafter referred to as "Owner"), whose mailing address is 174 Teryl
Road, Naples, FL 34112 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 "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 easement for the purpose of constructing, operating, maintaining, and repairing a
pump station and related facilities over, under, upon and across the lands described in Exhibit
"A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this
Agreement;
WHEREAS, the pump station to be constructed on the Property shall be in accordance
with Exhibit "B" which is attached hereto and made part of this Agreement; and
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 in its as-is condition via a utility easement to County
at no cost to the County, unless otherwise stated herein.
2. 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.
3. To the best of Owner's knowledge, the Property and all uses of the Property have
been and presently are in compliance with all Federal, State and Local environmental laws;
and no hazardous substances have been generated, stored, treated or transferred on the
Property except as specifically disclosed to the County. 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, and 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.
4. Subject to the limitations set forth in Section 768.28, Florida Statutes, the
County shall indemnify, defend, and hold the Owner harmless from and against any and all
loss, cost, claim, damage or expense (including reasonable attorneys' fees and court costs at
or before the trial court and any appellate proceedings, bankruptcy or administrative
hearings) in connection with loss of life, personal injury, damage to property, building code
violation, covenant violation or any other loss, claim or expense arising from or out of the
exercise by the County of its rights with respect to the easement granted to the County or
arising from or out of any negligent act or omission of the County which results in loss to the
Owner. The County further agrees to restore any property dedicated to the County which is
disturbed and to repair any damage to property dedicated to the County and any
improvements thereon which occurs in connection with the exercise of the County's rights
and responsibilities with respect to the easement granted to the County.
5. 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). The cost of a title commitment shall be paid by
County. All other costs associated with this transaction shall be paid by County.
6. 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.
7. 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.
8. 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.)
9. This Agreement is governed and construed in accordance with the laws of the State
of Florida
(SIGNATURES ON NEXT PAGE)
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC: i-aJt (rsitPL..1fr$
AS TO COUNTY:
DATED: t' JC'ZCA`t
Attest: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K KINMA, CLERK COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
•
AND AS EX-OFFICIO THE GOVERNING
bid C / ••- BOARD OF ' OLLIER d., NTY
uty Clerk WATER- DISTRI
Attest as f hair Ws
signature only. _ "
By:
ANDY SOLIS, Chairman
AS TO OWNER:
GLADES GOLF AND COUNTRY CLUB,
INC., a Florid not-for-profit rporation
WITNESSES
By: 4., 6 ""
'-- ) /
Witness (Signature) 3'Inimil
Print: 4 dr-f-d-z -ly 40--
Name: R- R,ect 1t4\
(Print)
Its: 4-3'11 cA'r
c D Q_A._ ( n t'(( r"ar-ImA
Witness (Signature)
Name: SNikbt k (.kr)r'k k("6 ub S
(Print)
Approved as to form and legality:
Jen ' r Belpedio, sistant County Attorney
3 '
NOTES EXHIBIT 0 5 GRAPHIC SCALE
1. This is not a survey. 10 20
2. No easement search or abstracting was * � "-;�
rniiiiIIRIENEMI
done by the surveyor and note should
be taken that this property is subject IN p )
to any facts that may be revealed
under a full and accurate title search. O. 1 inch 30 ft.
.3. Bearings shown hereon are based on
the Northwesterly boundary line of
Glades C.C. Appartments #9 plat as GLADES CC
located in State Plane coordinate system
Florida East Zone, NAD 83, 2011 APARTMENTS #9
Adjustment: GOLF
4. Unless otherwise indicated, all existing CONDO BOOK 10
easements shown hereon are based on COURSE PAGES 43-45
Bob condo plot.
5. Not other persons or entities other
than those listed as exclusive users N54'26'O3'E 22.00'
may rely on this sketch do description.
6. Alt dimensions ore in feet and decimals h
thereof, unless otherwise noted. 1...
7. Subject to easements, reservations, and Ft PS A Ix
restrictions of record.
s0: H
�5� / � r
'� to
40 BEGINNING
POINT OF
? BEGINNING
i
(GLADES CC APARTMENTS #9 J r
CONDO BOOK 10
PAGES 43-45)
POINT OF a Cl
COMMENCEMENT
(SOUTHERLY CORNER OF
GCC APTS NO. 9)
CURVE TABLE
I CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD
CI 470.00' 8.85' 1'04'43' $53'50'2019 8.85'
LINE TABLE
UNE BEARING DISTANCE
L1 N37'49'191V 2.40'
L2 S53'04'50w 0.71' TERYL ROAD
60' RIGHT-OF-WAY
For the Exclusive Use Of;
Collier County Board of 1 wtYING SKETCH AND DESCRIPTION
County Commissioners r....#
`` ,p
Di
Daviid J.Hyatt PSM I, ! V
David J. Hyatt X5634 a �p A PORTION OF
PSM #5834 Date:2018.03.30 e, y ' .0 GLADES APARTMENTS #9
t0:12:17 0400 CG it
H Collier County, Florida
David J. Hyatt, PSM, '.!
Florida License No. 5834 ,,.,,„„��„}„
Not valid without the signature and N4RG0 SURVEttNG k MAPPING CUENr.• Collier Co. Board of County Commissioners
original seal of the Florida Licensed .3825 BECK BOULEVARD
SUITE 725
PROJECT# 1 P461 SUB PROJECT: PS 305.06
Professional Surveyor and Mapper NAPLES. FLORIDA
.34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET/ DRAWING No.
Certificate of Authorization /7705. (239) .389-0026
wwwwARCOSURYErsCOu CMM 12/2017 1"=10' 17-321 1 of 2 1-082)
c
EXH I B IT A.,_
DESCRIPTION:
COMMENCING at the southerly most corner of The Glades
Country Club Apartments No. 9 Condominium Plat as
recorded in Condominium Book 10 at Pages 43 through 45
of the Public Records of Collier County, Florida; thence run
North 20'13'28" East, along the westerly line of said Glades
Country Club Apartments No. 9, for a distance of 35.00
feet; thence run South 80'35'36" East, for a distance of
12.74 feet to the POINT OF BEGINNING; thence run North
3749'19" West, for a distance of 2.40 feet; thence run
South 53'04'50" West, for a distance of 0.71 feet; thence
run North 35'33'57" West, for a distance of 9.57 feet;
thence run North 54'26'03" East, for a distance of 22.00
feet; thence run South 35'33'57" East, for a distance of
24. 19 feet to a point on the westerly right of way of Teryl
Rood; thence southwesterly along said westerly right of way
line and the arc of a non—tangential curve to the right,
whose radius point bears North 36'42'02" West with a
radius of 470.00 feet, having a chord bearing of South
53'50'20" West and a chord distance of 8.85 feet, having a
central angle of 1'04'43" and an arc length of 8.85 feet;
thence run North 80'35'36" West, for a distance of 17.46
feet; to the POINT OF BEGINNING.
Containing 445.99 square feet or 0.01 acres more or less
1.
JkkNIE,yING4' SKETCH AND DESCRIPTION
A PORTION OF
., _ H GLADES APARTMENTS #9
a AI • z Collier County, Florida
f 0
wuous«wroryEy :t cMAPPING WENT:I Collier Co. Board of County Commissioners
aszs BECK BOULEVARD
sun- 725 PROS/:1 P461 sus PROJECT: PS 305.06
NAPLES. FLORIDA 34114 DRAFTED Err DATE SCALE WO HUMBER SHEET/ DRAVANO NO.
` Z�° R CMM 12/6/17 1"=10' 17-321 2 of 2 1-082.j
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