P.S. 308.01 - Donation Agreement (East Naples Baptist, Inc.) PROJECT: Basin 305 Pump Stations
PUMP STATION: 308.01
PARCEL: 61431480005
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between EAST NAPLES BAPTIST, INC., a Florida not-for-profit
corporation (hereinafter referred to as "Owner"), whose mailing address is 1697 Shadowlawn
Drive, 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, 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 ($10.00) U.S.
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 an 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.
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
1
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
(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC: a'93" 10
AS TO COUNTY:
DATED: g-00- Do
ATTEST: BOARD OF COUNTY COMIpStOYERS
Crystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA,`AS THE
GOVERNING BODY OFF.OLL1ER COUNTY
AND AS EX-OFFICIO``SHE' -'GOVERNING
:. • - . J11 BOARD OF THE COLLIE CG:1:1NTY.
ti A 14\uty Clerk WATER-S WER DISTRtC`f,
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n411re,oply.
By: !!l111 11111\\
Burt L. Saunders, Chairman
AS TO OWNER:
EAST NAPLES BAPTIST, INC., a Florida
WITNESSES not-for-profit corporation
By:
rrol Devore, President
Witness (Signature)
Name:Tl ho J ' c€ k/
(Print)
W1/914
it ss (Signature) //
Name: var
(Print) f
Approved as to form and legality:
Je)fC) -A
er A. Belpedio, ssistant County Attorney CJ' \7,0 2
'73
3 �dJ
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GRAPHIC SCALE
0 5 10 20
EXH 13 IT„!..',:.,_,.,,..
( IN FEET ) Page _of
1 inch = 10 ft.
NOTESL.
1. This is not a survey.
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1
2. No easement search or abstracting was LOT 25 g�'
done by the surveyor and note should be
taken that this property is subject to
any facts that may be revealed under a w
full and accurate title search. Z z
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J
3. Unless otherwise indicated, all existing 3
easements shown hereon are based on o I a
plat. I o
la
4. Not other persons or entities other than LI
those listed as exclusive users may rely
on this sketch & description.
5. All dimensions are in feet and decimals LOT 26
thereof, unless otherwise noted. BLOCK 3
6. Subject to easements, reservations, and
restrictions of record.
N89'38110"E 23.00'
NO028'201W 3.00' I
j PO f S89'3 W 8'10" 20.00 g o
I
0 BEGINNING o o N
Q
Z �- (NI UTILITY) ti W
\ EASEMENT Co
Q o OR. 1359 O ,N
N co PI
Lc) PG. 378 N
O inm `•1 N O
O
POINT z g o
r^ OF�_ S. PROPERTY LINE
v J COMMENCEMENT I S89'38'1010/ 3.00'
NAPLES BETTER HOMES
1ST ADDITION
1 PB. 4 PG. 3
LOT 3
I
Revisions:
1. Revised ORB number of existing
easement 6-7-2019 D.J.H..
For the Exclusive Use Of:
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS ( ,EYrWGit SKETCH & DESCRIPTION
Digitally signed byDavid J. Hyatt J.Hyatt PSM#834David ,
PSM #5834 Date:2019.06.0709:20:50 _ •,•• A Portion of Lot 26, Block 3
04'°°' Naples Better Homes
David J. Hyatt, PSM, ��� H Collier County, Florida
Florida License No. 5834 4. f Z
Not valid without the signature and f f �7
original seal of the Florida Licensed MARCO SURVEYING & MAPPING CLIENT: Collier County Board of County Commissioners
Professional Surveyor and Mapper 950 NORTH COLLIER BOULEVARD PROJECT#:l P461 SUB PROJECT: PS 308.01
Certificate of Authorization #7705. SUITED, 412
M4RC0 ISLAND, FLORIDA 34145 DRAFTED BY: DATE SCALE WO NUMBER SHEET J DRAWING NO.
WMAZR WW COSURVEYS.COM CMM 3/2019 1" = 10' 17-326 1 of 2 1-091 f
EXHIBIT _ _.
Description Page Z at Z,�_
Being a portion of Lot 26, Block 3, Naples Better Homes as recorded in Plat Book 2 at
Page 105 of the Public Records of Collier County, Florida;
COMMENCING at the Southwest corner of Lot 26, Block 3, Naples Better Homes as
recorded in Plat Book 2 at Page 105 of the Public Records of Collier County, Florida;
thence run North 00°28'20" West, along the westerly line of said Lot 26 also being the
easterly right of way line of Shadow/awn Avenue, for a distance of 20.00 feet to the
POINT OF BEGINNING. thence continue North 00°28'20" West, along said westerly line of Lot
26 and said easterly right of way line, for a distance of 3.00 feet; thence run North
89°38'10" East, for a distance of 23.00 feet; thence run South 00°28'20" East, for a
distance of 23.00 feet, to its intersection with the south line of said Lot 26 Block B;
thence run South 89°38'10" West, along said southerly line, for a distance of 3.00 feet to
the southeasterly corner of those lands described in Official Records Book 1359 at Page
378 of the Public Records of Collier County, Florida; thence run North 00°28'20" West,
along the easterly line of said described lands, for a distance of 20.00 feet to the
Northeast corner of said described lands; thence run South 89°38'10" West, along the
northerly line of said described lands, for a distance of 20.00 feet; to the POINT OF
BEGINNING. Containing 129.00 square feet more or less.
Revisions:
1. Revised ORB number of existing
easement 6-7-2019 D.J.H..
levIWG(t SKETCH & DESCRIPTION
o �, A Portion of Lot 26, Block 3
C e Naples Better Homes
ACollier County, Florida
f. �uxr°o ixaanm ccnwnv
MARCO SURVEYING dr MAPPING CLIENT: Collier County Board of County Commissioners
950 NORTH COLLIER BOULEVARD SUITE 412 PROJECT I. l P461 SUB PROJECT PS 308.01
MARCO ISLAND, FLORIDA 34145 DR4FTED BY: DATE SCALE WO NUMBER SHEET f DRAWING NO.
W(W CO US RVEYS.COM CMM 3/2019 1" = 10' 17-326 2 of 2 1-0911