Donation Agreement 4110 GG Pkwy, LLC POPERTY IDENTIFICATION NUMBER: 35640240004
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between 4110 GG PKWY, LLC, a Florida limited liability
company, (hereinafter referred to as "Owner"), whose mailing address is 4241 Corporate
Square, Naples, FL 34104-4754, and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112, (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Owner is the owner of that certain parcel of real property and structure
(hereinafter collectively referred to as "Property"), located in Collier County, State of
Florida, and being more particularly described in Exhibit "A" attached hereto and made a
part hereof by reference.
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 a Warranty Deed 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;
unless extended by mutual written agreement of the parties hereto. The Manager of
Real Property Management or designee is authorized to enter into such mutual written
agreements on behalf of the County for extensions of up to an additional sixty (60) days
without further approval by the Board of County Commissioners.
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.
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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 cost of a title commitment and title policy shall be paid by County. 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 any Releases of mortgage(s) recorded against the Property from any
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 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.)
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11 This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the Owner has caused these presents to be executed
the date and year first above written
DATE ACQUISITION APPROVED BY BCC (CD_Aa_
AS TO COUNTY:
DATED:10- a6la
ATTEST: BOARD OF COUNTY COMMISSIONERS
Clp AL K."KINZEL, Clerk COLLIER COUNTY. FLORIDA
`' . is to. al . .IDS k BY
s.Ignatuwonly. PE NY TAYL . CHAIR
Approved as to form and legality
Jenr> Belpedio.A sistant C Attorney w% \
AS TO OWNER:
WITNESSES' 4110 GG PKWY, LLC. a Florida limited
liability company ,
Witness#1 Signalur ) BY:
A Ken Egan, Manager
Witness#1 (Print Name)._
Witness#2(Signs urej
L064a`') ' _x�W1 S
Witness#2(Pnnt Name)
EXHIBIT A
Commencing at the Northwest corner of Block 1 , Golden Gate Unit 1 as recorded
in Plat Book 5, Pages 60 to 64, inclusive, of the Public Records of Collier County,
Florida; thence along the North line of said Block 1 , East 15.0 feet for a place of
beginning; thence continuing along the North line of Block 1 , East 185.80 feet;
thence South 74.98 feet; thence South 49° 30' West 34.82 feet; thence West 95.65
feet; thence South 1.4 feet; thence West 12.69 feet; thence North 1.4 feet; thence
West 6.83 feet; thence South 1.4 feet; thence West 8.57 feet; thence North 1.4
feet; thence West 3.58 feet; thence South 7.35 feet; thence West 32.0 feet; thence
North 104.94 feet to the place of beginning.
Together with the easements described in Page 2 of Warranty Deed recorded in
Official Records Book 812, Page 1326 of the Public Records of Collier County,
Florida, and the Exhibits attached thereto, also attached hereto as Exhibit B.
TAX IDENTIFICATION NUMBER: 35640240004
JG,
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OR 4896 PG 701
EXHIBIT
OR 4496 PG 2371 Page of, ,/
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• RR.. o121'AGE1328
:, Pia of UJlRRA1tTy TEEo
TDGETItEirwtth i non•esclvsire easaent for perking over the
eras described in Exhibit D.,,The cost of amintalniee the areas described •
in Exhibit B shall bt-=file 11y by the Crantet.•as owner of the property
conveyed to Exhibit Ar aths Grantor,as (micro( the golf tours rr'pevty
which property is tare flfil described In Exhibit C. The cost of eeintenance
limit include the cost to tatajn:tjhe parking areas end the platting areas
of the property described' n Ea51 t'5 and the cost of electricity to light
the arty described in Exhibit and tip cost to attntain the sprinkler syite.
• end the cost to repair aril fix Iodated-non the area described in
Exhibit S. The decision to eatt.gpeliipbores for satatainleg or Isprovine the
property described In Exhibit II shirt;.ie • the Creator and •
Grantee, and their respective success- .ekb �n� •• 1 voice.
•
T0tETHER with the ri• '. . T ice located
on the South side of roldeo �, ••, .toe j'. +� •f the
property described in Exhlbi A`"-- cost "aeinbjn the a sa • sign
shall be shared jointly and •ua • • • et• er of
described to Exhibit A and n••r •: o in '.
Exhibit C,and their t1 success•
TOGET11Elt with ••
-1 .1�4
arras described la Exhibt bed to
Exhibit 0 shall be share. . .pir -.4 • • f the
property described in PA . • • scribed •
in Exhibit D.and their r., ive setzessors. the . • hones
for maintaining or irprovi ;�,; property described 1,..� , , `t'r'j •.be
mode jointly bi the traitor tat and their its• •
• TOGETHER with a ,• • vtiltlf easeaent • - the property
described in Exhibit D. The u r-. . s ., .,_bftt E. This
!Mart shall not be used in a us. . ilil.• .y and
d egress to '
the property designated as futn't •• •: .11 . Exhibit C. it.8etng stipulated
that the present use does not prevent ingress as-egress, •
TOGETHER with a non-exclusive.l0' dederground water line easement
over part of the property described it Exhibit B. The 10'wide east ewt•ahs la
the existing water Tine and shall be E' so either side of the existing 1
• TOGETHER with a non-exciuslne underground unitary saner line •
as described In'Exhibit F. •
• TOGETHER with a non-exclusive 10' underground electrical easement over •
.the property described ix Exhibit B. The 10' wide easement shall follow : _ .- ,
the existing electrical conduit line and shall be S' on either side of tie
' existing electrical conduit line.
•TOGETHER with'.non-exclusive iD' underground telephone cable tamestonrthe property described in Exhibi•5. The To wide easerent shall fellow the •
••
existing telephone cable end shall be 5' on either side of the existing
teiephhone cable line.
The easements and obligation described is tahls deed shall rah
with the land.but the Grantor stall retain the rigbt•to grant Intone reasonable• •
ingress and egress easements and utility easements over the property described
• in Exhibit 5 and Exhibit 0 for the benefit of the future condominim property
• whidstproperb is so designated and are folly described In Exhibit C. .
The comments and obltgatiaes shall be perpetual and uncoehditinnal.
Amy failure upon the part of the Grantee or its successor to comply with the '
•
tenses open maids the easements are graded will mot result in the termination
• of the wseae is and the remld7 of the fee piracy in such event shall be petted
to a claim f.r damages apalnst the Grates eed/or Its successor.
allSU3JECT to
ett aad edteto Block I. den Gate Unit scourging to plat raerdefir pt Book 5.
Pales GO-64,Public Records of Collier Comity. Florida. x
OR 4896 PG 702
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EXHIBIT
OR 4496 PG 2372 PAGE_ OF 1
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. '. .. r,E� 812PAGE1329
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•' #""n,.' E7af181T A To Warranty Deed •
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(Restaurant Property) •
• Commencing at the Northwest corner of Block 1, Golden Gate
• Unit 1 as recbrket 1 Plat Boot 5. pages 60 to 61 Inclusive
of the Public-Refer s of•Collier Cowoty. Florida; thence along
the North line of aid Block I EAST 15.0 feet for a PLACE OF
BEGINNING; then coatiau ng along the North line of Slack 1.
EAST 185.30 reef; thenf,+�•.SS TH 74.98 feet; thence SOUTH • .
490 30' WEST 34.82 fe , nee VEST 95.65; thence SOUTH 1.4
feet; thence WEST 12. 9 $ :•,thence NORTH-1.4 feet; thence
VEST 6.83 feet; thence-.6OUTI 1.4 feet; thence WEST 8.57 feet;
'thence NORTH 1.1 feet; tk ca. - • eat; thence SOUTH 7.35
feet; thence VEST 32.0 few . �D� 91 feet to the .
place of beginning. 3
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7 wouvr..,400, , .,,
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OR 4896 PG 703
EXHIBIT
OR 4496 PG 2373 iPAGE_ __OF
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• : • • UrdlBlt 8 To Varraaty Ned
BRUCE GREEN& ASSOCIATES,INC
4..... ENGtNEERIMG,LAND SURVEYUG.'LAMMING
• ` e rwrn AVE�IJE scum OFF.
•,uvcEt FtO VA s�eo aEC 81 y FA6E 13 3 0
TEIIJHDIrE kt71 2i2 ri?i f
•
• .4.1,11d1 OF PARK=AM MASS Al.;dl5
. IN CEhTER oK OF IWCX 1; 0=21 Gen WV 1 •
Coe racing at the NortLtest r of Black 1,Golden Gate Unit 1
• as recorded in Plat look Si 60-64 inclusive of the Public •
Record of Collier Cant;,Florida;•thence along the Ibrth'line
of said Block 1 FAST to 200.80 f• , 1gy - -- OF IT PLUIG:
• thence continuing EAST 230.• V"�=(,gi�'!;OD"E •
101.54 feet; thence S a°- ,t � .t s 67?-n'-40"E
. 49.29 feet; thence S D Ai'r.,0 iti61st; -•.; -45'-20"W
355.43 feet; thence N • , .,,M .412 fort;`th .- "•-06'-30"E •
• . 105.14'feet; there 7°- '- . • 49.47 fret; t - • 11.111`-30 K20.0 feet thienc e N °-•'• • N • 070"E• 116.81 feet; -•- 16.•'• - ; '!�'�'�"-'-30' E . Bet;
thence NOalH 71.• f- p , 1'. •
"110lcasirjs derived eta la of 'R!:
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R.leg. 1in0 -'t•3 PE
• • TlIF CT R- •
February 14, 1979 • •;trz .
K.0,5361
•• iiil/1��.""
OR 4896 PG 704
EXhISIT
OR 4496 PG 2374 IPAGE_ y- OF
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' OFF. 3+3
• REF, . . 812 PME 1 1 •
t ' ECKBIT C to Wiranty Deed •
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Flock 1, GOLDEN Grelt't'V' t Ito. 1, as recorded in.Plat Book 5, pays
62, Public Records of liar County, Florida, arid •
SRACMS A and B, GOLDEN CR►r -'ihlt Ho. 1, as recorded in Plat Book 5,
page 62, Public Reeorde o1Co11.er County, Florida; and
Iract A, GOLDEN GATE, Unit`Y,•11at as recorded in Plat Book 5,
pages 147-151, Public Reco
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rd,elf '. - ,‘'•ems r . •• Florida, and
• Treat A. COLDER GATE, Unit • •,; •• • n Plat Boo}: 9, -
peg, 107-A through 112, P•• Coll #44 , Florida;
• LESS that certain parcel •r - •sly - • d to C•• icabors,
Inc., by warranty deed •ago• • 1973;..and re • • • in Oil Book
538, pages 353-355, P••lic •••,::,•_ anti, FI• dot AND
ALSO LESS that cart • pa eel prey��i4.•' 1, to ,• •tllitics,
Inc., by warranty • ■ • •-.w•. e, 974, and • -
77660 riled et OR ctively•5•li• F •ri•a age
r respectively, i•". !
LESS the•prcperty von as 41'• CREST OF MAPLES, a :.4. •.., idt is
Dare fully described in that • . Declaration of Co •• 1,.....5. • at
CR Book 779, pages 358 thraughv2` aslve, Public • • • . I County. •
. Florida, F A• .
LESS*the e>he property set aside for i fur. tEtu�it •• t whisk pr rty
. ft core fully described as follows:
• Ossecneiug at the Abrth cat comer of Block I.Golden Cate Ikeit 1 ....,:1,..
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as recorded•in Mat Book 5, Pares 6D•64 inclusive of the Public '`,<'_2,` •
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Records of Collier Cototy, Florida; thence along the West line of �:
said Block 1 S1aSlf 104.94 feet for a PLAY DF?MIMING: thence
FAST 47.0 feet; thence t•ARIII 7.35 feet; thence FAST 3.S3 feet;
thence SOUTH 1.4 feet; thence EAST B.57 feet; thence T=III 1.4 feet; . ' ' •
• • Hence EAST 6.83 feet; thence SU1AI 1.4'feet; thence LIST 12.69 feet: -.' ,. `! '`
thence 136111 1.4 feet; thence EAST 7196 feet; thence S tl°-17` ZO"if ;'
- 116.16'feet; !lance S 71°-32'-SO"E 33.31 feet: thence R 4r-06'-30"E
21.0 feet;•thence S 7°42'-40"a 140.47 feet: thence S -06•-30"N
115.14 feet; thence S '-03'-20"E 41.32 feet: thence SOUlll 6.0 feet; - •
thence MST 56.0 feet; thence 31111 11.0 feet; thence WEST 16.93 feet
to tie West line of said Block 1; thence along the best line of said
Block 1 term 344.06 feet to the place of beginning. •
LESS the proper,'desvtbed in Exhibit A:the Restaurant Propero). •
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OR 4896 PG 705
[=XH 6IT -�..
oR 4496 PG 2375 1PAGE 5 OFF_,
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• ) MUM 0 To Vzrrnty Deed
• "; ., BRUCE GREEN& ASSOCIATE%INC. •
r . Vi0041ER1N0 tam SUAYEYING.KAMYIye:
•
1033 FIFTH'MIME SOUTH
HA*tEr.FLORIDA slMo OFF. 812 PAGE i S 82 •
TEL 7T11t3rs REC.
DESQUFTIO1 OF PJW(ItL IN IN TRACT A • •
• MUIt7air R to IRE laRniesr WRIER OF mac I
t17la GATE MUT 1
Beefnn!ng at the Ito ess. of Block 1.Golden Cate Wit 1
as recorded in Plat Boot\5, 60-64 inclusive of the Public
• • Records of Collier Canty, Florida; thence aloe;the Kest lire of .
said Block 1 sad the East :,;,;� e • Golden Cate .
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Unit S.SOIRtt IS9.7 feet; �; tbedroe thence IIIRit 129.7 feet to the,--... %. � 'T • -
• aloes said South line ta v 6O'frt to the k` BEGUDIING.
Bearings der?ved f •• J • • en Sete`lhit 1. •
• 'ib,-. Agingilp; ' • .
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OR 4896 PG 706
EXHIBIT 5
OR 4496 PG 2376 PAGE CD OF ri
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• EICHIIIT E TO UARLUITY MD • • •
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• ' ' --BRUCE GREEN&ASioairrEs,etc •
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• owNEvina.uwo sunyyrow,rum/1nm •
.._ ' ( • 103 FIFTH NM=Totnil pEc; .812PAEE1.388
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4' RAMS.FLORI611 13910•
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• -ZESCITOfirE OF L. P.CAS TANK ARTA • •
thl/AriVitg LUC UMW UDC IN TRACT A •
• • TO THE 103PTIMISTIALY POR7104 . •
MOM 1„71:71 WE' •
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UNIT 1
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7.„.,,e. \- Cceneneing at the Winer o .1•.- 1. *Aden Cate Unit 1. . •
. es recorded in Plot Doek 3 , •. • IT. of the rthlic
Records of Caller Canty ul• ' • r$ 4, 3. Nest line of '
• sea Mock 1 and the • ,fltai•I • •-- • • • de Cate Unit 1.
SC11111129.7 feet; — -•'• . Free*for a I • . .. C:
thence SOWN 9.0 -• ; ' 135T UM het: - - cg.0 feet;
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dance EAST 17.0 f t; • - • 10'T 41.75 feet; •
=MI 3.09 feet; •• •• ••• _5 • ••- -- c 410-1.IC 12 feet •
_ to the place of • ••lag,. • • •iliAt'iat A. •
bezrings deli -- • igc".1 • V .
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February 21.1979 I• ITE Cl. • .
IC. O. 5361 • ., z" .i 1
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EXHIBIT
*** OR 4496 PG 2377 *** RAGE
___._-__OF rj
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MITT r To alranty teed •
13RUCE GREEN&ASSOCIATES,INC. •
-
' j' ENGINEERING,LAIR SURVEYING,P AWIN0
• . 60i FIFTH AVENUE SOUTH • OFF. 812PAGEi33‘
was:iUnUDA 33010 REC.
• r'. EL I1W TEPHONE VQ•TS2S '
• . $ i1gOr; LINE EASEMT DIScRIFCIWN '
A strip of land 10 ffttiii1yag S feet on each side of the
foliating described ans*lina: '0. • g at the Amherst '
. corner of Block 1,Golan Gate.k• in Plat .
Canty, Flda;Pages •64 thence_i a� i • Block 1.
due rest 219.24 feet; '"� + . doe • I. feet
for■PLACE OF BEC7 • I. :ri;�!>_ ' 12' F.71. 'f- .thence •
N.21-I2 1C 5.0 feet- -•• S 66-• •• W 165.2 feet; -• - •
N 66-17-30 E 6.0 t; • _.._. .• ,i 36.• feet • a -
' of ending. -
Boarings derived f �� • •
.�414.
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FL Rog. 11270'• �` ,• {'b
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Ftbnary 14, 1979IE CG i.,.:-:., • •
11D.O. 5361 ,