Peninsula Improvement Corp Donation Agreement (Bus Stop #399) PROJECT: CAT ADA EASEMENT
ADDRESS: 950 New Harvest Rd.
FOLIO No: 51290040007
BUS STOP#: 399
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between PENINSULA IMPROVEMENT CORPORATION, a Florida
corporation f/k/a Florida Automated Energy Systems, Inc., (hereinafter referred to as "Owner"),
whose mailing address is 2600 Golden Gate Pkwy. Suite 200, Naples FL 34105, and COLLIER
COUNTY, 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 convey to the County a perpetual, non-
exclusive easement for the purpose of constructing, operating, maintaining repairing and
replacing paving and facilities associated with a bus stop and shelter 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, 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 an 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
AS)
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: a-,23-1D - Rt60(.ution,•to ID-3g
AS TO COUNTY:
DATED: g‘11 Io10a0
ATTEST; �i' ;F.,..1 .. BOARD OF COUNTY COMMISSIONERS
Crystal K..,Kiriel,,Cie rk _, COLLIE OUNTY, FLORA
,__,,e1-evt•sig-.
~ —_
Attest as , 13 y Clerk Burt L. Saunders, Chairman
sicoptit,6.or)Yry,,�ts''
AS TO OWNER:
Peninsula Improvement Corporation,
WITNESSES: a Florida / orporation k/a Florida
Automat ys ms Inc.
Witness (Signature)
Print: V>q✓ry 1. ('.gran/
Name: DNA- 1. 4c zui
(Print) Its: V1 cE ?It E5(0E`Ai r
k ��-Li,g'ult A �lk,l ()
'1 Oi1U
Witness (Signature)
Name: 11i 1 '0 1\A 1,1l' c'�
(Pr� I1(nt)
Approved as to form and legality:
- -----S --
a �o2
Jennifer A. 13elpedit. '. C9\
Assistant County Attorney
3
`` tl i t N L. l i r-L . _
+ \ PENINSULA
IMPROVEMENT GROUP
PARCEL NO. 51290040007 EAST LINE
OF SECTION 3
I L3 n
0 10 A; 40 N: 756698.08-' </sr ! r 756679.85
I
�1mi E: 5238'3.48 ( E: 523833.46 A
(INTENDED DISPLAY SCALE: 1". 40')
SR 29 588'10'38"w ;f,
L1 993.16'
(100' WIDE) o
co
LINE TABLE
EASTERLY RIGHT OF WAY -
LINE ' BEARING DISTANCE LINE OF STATE ROAD 29 cl
N
L1 S45'41'29'W 1 _1.25' In
-a
_L2 N44'58'S4'W 27.00' Z�
L3 N45'41'28"E ' 1.57'
L4 S44'18'30"E 27.00'
P.O.C.
SE CORNER
OF SECTION 3
4 DESCRIPTION
A PARCEL OF LAND
LYING IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA LEGEND:
0 P.O.C. = POINT OF COMMENCEMENT
" A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN SECTION 3, P.O.B. = POINT OF BEGINNING
TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING N: = NORTHING (FED')
A MORE PARTICULARLY DESCRIBED AS FOLLOWS: E: = FASTING (FEET)
SR = STATE ROAD
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 47
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE,
NO1'49'22"E, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF
N 1,180.95 FEET; THENCE S88'10'38"W, DEPARTING SAID EAST LINE, A
DISTANCE OF 993.16 FEET TO THE POINT OF BEGINNING; THENCE NOT A SURVEY
e
S45-41'29"W, A DISTANCE OF 1.25 FEET TO A POINT OF INTERSECTION
§ WITH THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD 29, THENCE I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
N44'58'54"W, ALONG SAID EASTERLY LINE, A DISTANCE OF 27.00 FEET, AND BELIEF, THAT THE LEGAL DESCRIPTION AND
• THENCE N45.41'28"E, DEPARTING SAID EASTERLY LINE, A DISTANCE OF ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
g 1.57 FEET; THENCE S44'18'30"E, A DISTANCE OF 27.00 FEET TO THE WITH THE APPLICABLE,PROVISIONS QF CHAPTER
O POINT OF BEGINNING. 5J-17.05, FLORIDA'ADIC ISTRATIA.CODE, PURSUANT
TO CHAPTER 4�'2,.FLORIDA ST'ATUf£S
is NOTES:
1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED ` _
e__Ca#43. ____
AS ONE. KEVIN M: RISCASSI (FOR THE FIRM 4B. .642)
c 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FEET
AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE FO LCFRTAL SURVEYOR AND •MAPfTE.•
il SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), FLORIDA:CE RTIFICAI NO. 6�33
2011 ADJUSTMENT.
o DATE SIGNED:4).
3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF ' -..___ • --�—
S SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, NOT VALID WITHOIfI�TUF.$G.NA4URE AND ORIGINAL
N FLORIDA, BEING NO1'49'22"W. ji
i RAISED SEAL OF A FLO bA LICENSED SURVEYOR
0 4. PARCEL CONTAINS 38.13 SQUARE FEET, MORE OR LESS. AND MAPPER.
REESSE JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET SKETCH AND DESCRIPTION
P.O. BOX 1550 STOP ID: 399
FORT MYERS, FLORIDA 33902-1550
PHONE: (23fl) 334-0046
ENGINEERING E.B. /6429k3LB. /642 D DEC. 2019 0170001.016 Fl 3.47-29 s°1`"_ 40' SHEET OF 1