Agenda 12/08/2020 Item #16C10 (Donation Agreement Pump Station 309.08)12/08/2020
EXECUTIVE SUMMARY
Recommendation to approve the County’s standard donation agreement with a provision allowing
for the payment of attorney’s fees to review the associated standard form easement documents
pertaining to the donation of additional easement area for pump station 309.08.
OBJECTIVE: To acquire additional easement area to accommodate a portable generator for pump
station 309.08 as may be needed in the event of a power outage. The additional easement area has been
requested by the Collier County Water-Sewer District.
CONSIDERATIONS: The property owner is willing to donate the additional easement area but has
required that the County pay his attorney’s fees to review the County’s standard form easement
documents which include the Utility Easement, Donation Agreement, Grantor’s Non-Foreign Tax Payer
Identification and “GAP Affidavit, Corporate Affidavit, and No Drilling Affidavit. Paragraph 6 of the
Donation Agreement provides that the County will pay the property owner up to $750. The attached
Invoice shows that property owner is responsible for $500 in attorney’s fees.
FISCAL IMPACT: The County Water-Sewer District will be billed $500 as invoiced by the property
owner’s attorney. The Water-Sewer District and property owner had previously agreed that attorney’s
fees would not-exceed $750. Funds are available in The Wastewater Capital Fund (414) project 70046.
GROWTH MANAGEMENT IMPACT: N/A
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action. - JAB
RECOMMENDATION: To: i) to approve the County’s standard donation agreement with a provision
allowing for the payment of the property owner’s attorney’s fees in the amount of $500, ii) authorize the
Chairman to execute the Donation Agreement, as approved by the County attorney, iii) direct the County
Manager or his designee to follow all appropriate closing procedures, and record the Utility Easement in
the Collier County Public Records.
Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Invoice - Kevin A. Denti P.A. Statement #7922 (PDF)
2. Donation Agreement (signed) (PDF)
3. Location Map (DOCX)
16.C.10
Packet Pg. 2721
12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.10
Doc ID: 14224
Item Summary: Recommendation to approve the County’s standard donation agreement with a
provision allowing for the payment of attorney’s fees to review the associated standard form easement
documents pertaining to the donation of additional easement area for pump station 309.08.
Meeting Date: 12/08/2020
Prepared by:
Title: – Facilities Management
Name: Jay Malamphy
11/12/2020 9:32 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
11/12/2020 9:32 AM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 11/13/2020 10:28 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/16/2020 8:21 AM
Facilities Management Toni Mott Additional Reviewer Completed 11/16/2020 3:41 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 11/16/2020 3:41 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/16/2020 4:28 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/23/2020 10:44 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/25/2020 1:42 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/25/2020 3:15 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/30/2020 10:06 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/30/2020 11:32 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/01/2020 10:31 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
16.C.10
Packet Pg. 2722
16.C.10.a
Packet Pg. 2723 Attachment: Invoice - Kevin A. Denti P.A. Statement #7922 (14224 : Basin 305 Pump Stations (PS 309.08))
:58思 .。N: 記ざ譜305 Pump s"tOns
FOL10: 27830840002
DONATION AGREEMENT
THIS DONATTON AGREEMENT (hereinafter refened to as the ',Agreement,,) is madeand enteGd into by and bet\reen NAvoNA FLoRloA tilvEsrilEilTs l, tNc., ; Frorida
corporation (hereinafter referred to as "owner"), whose mailing address is 2100 MathesonBlvd. E., suite 200, Mississauga, oN, canada. L4wsElcA ant ttre BoARD oF couNwCOMMSSIoT{ERS OF COLLIER COUI{TY, FLORIDA AS THE GOVERNING BOOY OFCOLLIER COUNTY AND AS EXOFFICIO THE GOVERNTNG BOARD OF THE COU-IENcouNw WATER€EWER DlsrRlcr, (hereinafter referred to as "county"), whose maitingaddress is 3335 Tamiami Trail East, Suite 10,1, Naples, Florida 341.,12.
WTNESSETH:
. WHEREAS, County has requested that O,vner crnvey to the County a perpetual, non_
exclusive easement for the purpose of constructing, operating, maintaining, and repairing apump station and related facilities over, under, upon and icross the lands described in
Exhibit "A" (hereinafler refened to as "Easement"), which is attached hereto and made a part
of this Agreement;
WHEREAS, owner desires to convey the Easement to county for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Orner recognizes the benelit to Owner and desires lo convey 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 convey the Easement to County at no cost to the County, unless
otherwise stated herein.
2. Pnor 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 lhe unilateral right to extend the tem of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbranoes or qualifications affecting
County's enioyment of the Property.
4. Owner is aware and understands that this Agreement is subjec{ to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. Orner 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
lo be conveyed to the County, that the ollner has not received notice and otherwise has noC 16.C.10.b
Packet Pg. 2724 Attachment: Donation Agreement (signed) (14224 : Basin 305 Pump Stations (PS 309.08))
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. 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 mo(gagee(s). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and
paid by County. The cost of a title commitment shall be paid by County. The County shall, at
Closing, pay to Owner (or to Owner's selected counsel), the sum of up to $750.00
representing Owner's attorney's fees in conneclion with this transaction.
7. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is execuled 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. Conveyance 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. lf the Owner holds the Property in the form of a partnership, lamited partnership,
corporation, trust or any form of represenlative 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. (lf the
corporation is registered with the Federal Securities Exchange Commission or registered
puBuant to Chapter 517, Florida Statutes, whose stock is for sale lo the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes).
'10. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
lN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISIT10N APPROVED BY BCC:
AS TO COUNTY:
DATED:
ATTEST:
Crysta K K nze,Clerk
BOARD OF COUNTY COMMISS10NERS
COLLIER COUNTY,FLORIDA,AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX‐OFFIC10 THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER―SEWER DISTRICT,Deputy Clerk
By:
Burt L. Saunders. Chairman
(signatures continued on next page)
(l)
16.C.10.b
Packet Pg. 2725 Attachment: Donation Agreement (signed) (14224 : Basin 305 Pump Stations (PS 309.08))
AS T0 0wNER:
WITNESSES
Mtt n多t
″′
`″
ィ ニ´ ィル′ィ^″` 烈 ι ″
Approved as to form and legality:
」enn畿 〕rA Be!pedio,AssistantCountyAttorniy,)り
11、、gヽ a。40
NAVONA FLORIDAINVESTMENTSi lNC
a Flo「ida
By:
Bernd D. Abromeit-Kremser, President
16.C.10.b
Packet Pg. 2726 Attachment: Donation Agreement (signed) (14224 : Basin 305 Pump Stations (PS 309.08))
3.
4.
5.
6.
Pagel at J-
This is not o survey.
No eosement seorch or obstrocting wos done by the surveyor ond note should be token thot this property
is subject to ony focts thot moy be reveoled under o full ond occurote title seorch.
Unless otherwise indicoted, oll existing eosements shown hereon ore bosed on plot.
Not other persons or entities other thon those listed os exclusive users moy rely on this sketch &
description.
All dimensions ore in feet ond decimols thereof, unless otherwise noted.
Subject to eosements, reservotions, ond restrictions of record.
GRAPHIC SCALE
5 10
(IN「EET)
l inch = 10 ft
LOT 2,CORPOMI SOtJARFRa ,4 PCS, 27-28
廓 繭の正面面I墨 爾F麗 面f~
DESCRIPTION:
Being o portion of Lot 21 of Corporote
Squore os recorded in Plot Book 14 ot
Poges 27 ond 28, more porticulorly
described os follows:
The North 7.55 feet of the South
27.55 leel of the Eost 30.00 feet of
the West 59.22 Feel of Lot 21, of
Corporote Squore os recorded in Plot
Book 14 ot Poges 27 ond 28 of the
Public Records of Collier County,
Florido. Contoining 226.5 squore feet
more or less or .005 ocres more or
less.N59。22θ
50.00・
CORPOMTE S彎 甥ど Nο RTH
For the Exclusive Use Of:
COLLIER COUNTY BOARD OF
COUNTY COMMISIONERS
Digitally signed by
DaVid J. HVatt Davidr.HyattPsM
' *s934PSM#5834 Date:20re.os.2e
08:51:27 {4'00'
Dσ v′d J Hyctt, PSM,
Floridσ ιicerlse lVο . 5854
Nof vσ ′d wit力 Otrt t力 e s●″。(υ re σnd
οrlg′ησ′ seo′ οF t力 e Flο ridσ ι′censed
ProFessio″σ′ Sυ ve/ο ′ σ″d Mσ ρρer
Ce″iFiccte οFハ υ!力 Orizσ tわ n/7705
m sJ―mと MPPrrc
J825 8ECF aOじ ―DS」E 725
NAPLtt FLO用 麟 J4"`
(2")J89-0026出MRCOSυ 廟OSCOr
A Portion of Lot 21
Corporote Squore
Collier County, Florido
Sυ θ PRalEC■
NOTES
16.C.10.b
Packet Pg. 2727 Attachment: Donation Agreement (signed) (14224 : Basin 305 Pump Stations (PS 309.08))
LOCATION MAP
BASIN 305 – PUMP STATION 309.08
PS 309.08
16.C.10.c
Packet Pg. 2728 Attachment: Location Map (14224 : Basin 305 Pump Stations (PS 309.08))