Chateaumere Condo Association Donation Agreement PROJECT: Pelican Bay Sewer Repairs
Chateaumere Condominium Association
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into by and between CHATEAUMERE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
corporation, (hereinafter referred to as "Grantor"), whose mailing address is Southwest Property
Management, 1044 Castillo Dr., STE 206, Naples, FL 34103, and COLLIER COUNTY (hereinafter referred to
as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non-
exclusive easement for the purpose of constructing, and maintaining, of a sidewalk 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, Grantor desires to convey the Property to Grantee for the stated purposes, on the
terms and conditions set forth herein; and
WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the
Grantee 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 Grantee; 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. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the
Grantee, unless otherwise stated herein.
2. Prior to Closing, Grantor 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. Grantor shall provide such instruments, properly executed, to Grantee 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 Grantee executes this Agreement; provided; however, that
Grantee 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 Grantee's enjoyment of the Property.
4. Grantor 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. Grantor 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 4
1
have been generated, stored, treated or transferred on the Property except as specifically disclosed
to the Grantee; that the Grantor 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 Grantee, that the
Grantor 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. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from,
and to reimburse the Grantee 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 Grantee by reason or arising out of the breach of Grantor's
representation under Section 5. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. The Grantee 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. Grantee 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 Grantor. The cost of a title
commitment shall be paid by Grantee.
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 Grantor 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 Grantor holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Grantor 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 Grantee, 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
Donation Agreement 2
IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first
above written.
DATE ACQUISITION APPROVED BY BCC on 2-23-20210, Item 1 6B3
AS TO GRANTEE:
DATED: P)Joutt,ty,),,A04-
ATTEST:
CRYSTAL K. KINZEL, Clerk of the Circuit BOARD OF COUNTY OMMISSIONERS
Court and Comptroller COLLIER COUNTY IDA
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.. oC. BY:
�,V3L6 • « ,. ut Jerk �/
' estlis.to, trm ,
William L. McDaniel, Jr., Chairman
signattlreVIY,,I
AS TO GRANTOR:, ,
-�- CHATEAUMERE CONDOMINIUM
\ ASSOCIATION INC., a Florida not-for-profit
corporation
v
fitness(Signature)
Print Name (:>:?4 '✓ tj--
Acw,r...(v____
Witn (Signature) Terry Th son, its President
Print NamesCA)Jq 07U°HE4/JOA/
Appr ved as to form and legality:
� �j a`
Jenne A. Belpedio CI-' \ „c6\
Assistant County Attorney ti
Donation Agreement 3 �0
DESCRIPTION
A PARCEL OF LAND
LYING WITHIN PARCEL "H", PELICAN BAY UNIT ONE
SECTION 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST
•
A COLLIER COUNTY, FLORIDA p/STR�Ci pRgNAGPROVfM
PARCEL OF LAND LYING WITHIN PARCEL "H", PELICAN EASeMENT ...
BAY UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGE 47, •
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, �Q4sis
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. N VNf ope4e4/kcs)
N74 RCE(
COMMENCING AT THE INTERSECTION OF THE �5j31 H`
NORTHWESTERLY CORNER OF SAID PARCEL "H" WITH THE P.O.C.
EASTERLY RIGHT-OF-WAY OF PELICAN BAY BOULEVARD, ct INTERSECTION OF THE NORTHWESTERLY
AND THE BEGINNING OF A CURVE, THENCE SOUTHERLY CORNER OF PARCEL "H"AND THE EASTERLY
ALONG THE WESTERLY LINE OF SAID PARCEL "H" AND SAID RIGHT-OF--WAY OF PELICAN BAY BLED
CURVE, HAVING A RADIUS OF 1,140.00 FEET (CHORD PELICAN BAY UNIT ONE
BEARING S.00'08'54"W.)(CHORD 386.87 FEET)(DELTA PLAT BOOK 12, PAGE 47
19'32'19") FOR 388.75 FEET TO THE POINT OF BEGINNING. P OF THE PUBLIC RECORDS OF
FROM SAID POINT OF BEGINNING, THENCE N.66'09'14"E. a COLLIER COUNTY FLORIDA
o �r•
DEPARTING SAID WESTERLY LINE, A DISTANCE OF 22.16 0^;n N i
o
FEET; THENCE S.23'50'46"E., A DISTANCE OF 15.00 FEET; cr ") o css cO PARCEL "H"
THENCE S.66'09'14"W., A DISTANCE OF 25.85 FEET TO AN I>"I w p 22
INTERSECTION WITH THE AFOREMENTIONED WESTERLY LINE; C, _ 3� v II Ci CHATEAUMERE CONDOMINIUM
THENCE ALONG SAID WESTERLY LINE AND A NON-TANGENT z — m (CPB 17 PG 27)
CURVE, HAVING A RADIUS OF 1,140.00 FEET, (CHORD p
BEARING N.1 O'00'31"W.)(CHORD LENGTH 15.45 FEET)(DELTA 4
00'46'35") FOR A DISTANCE OF 15.45 FEET TO THE POINT " 1 `-'
OF BEGINNING. •
a N W'LY LINE OF PARCEL " "
w
a
NI EX IT A
N66°09'14"E 22.16'
c:r
PS12. Qt P.O.B. S23°50'46"E 15.00' !:!f' (:)
DESCRIBED PARCEL OF LAND
R=1140.00' CONTAINS 360 SQ.FT t ::i' m
0=0°46'35"
CB=N10°00'31"W S66°09'14"W 25.85' I
C=15.45'
L=15.45' PARCEL "H"
•
0 10 20 40
•
•
(INTENDED DISPLAY SCALE: 1"=40')
> A' 1
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1- NOTES:
- 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO NOT A SURVEY
I BE USED AS ONE.
N 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
N FEET AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE AND BELIEF, THAT THE LEGAL DESCRIPTION AND
N COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
1983 (NAD83), 2011 ADJUSTMENT. WITH THE APPLICABLE PROVISIONS OF CHAPTER
0 3. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE AND 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
a FIXING THE NORTH LINE OF TRACT "H", PELICAN BAY UNIT TO CHAPTER 472, F'_ DA TAT TES. .
ONE, WHEREIN SAID NORTH LINE BEARS N.74'48'57"W. Guy P. digitally signed by
4. PARCEL CONTAINS 360 SQUARE FEET, MORE OR LESS.
s 5. P.O.C. = POINT OF COMMENCEMENT _ Guy P. Adams
6. P.O.B. = POINT OF BEGINNING
m8. PG = PLAT BOOK Ada r D L: ` O�aNDMAPS State
0 8. PG = PAGE
9. R/W = RIGHT-OF-WAY FLaRIDA ERTIFIC 90 .
10. SQ. FT. = SQUARE FEET 4390Dtrtg of b Horida
2. 11. R = RADIUS _ _ �-7
12. A = DELTA --- --Gate: 2GT TF.US--
14. CB = CHORD G F I o ri WAD SEP_ OFHOAT LHIEFS'I�T.EplEat05ORI�GINAL
14. C = CHORD LENGTH1 lJ J y `' 1 l7 ORIGINAL
'
15. L = ARC LENGTH AND M aP'ER.
0
SKETCH AND DESCRIPTION
I
JOHNSON ENGINEERING, INC. A PARCEL OF LAND
2350 STANFORD COURT SECTION 9,TOWNSHIP 49 SOUTH,RANGE 25 EAST
NAPLES, FLORIDA 34112 COLLIER COUNTY,FLORIDA
ENGINEERING PHONE: (239) 434-0333
o E.B. #642 & L.B. #642 DATE PROJECT NO. FILE NO. SCALE SHEET
0
10/20/2021 20203067-018 09-49-25 1"=40' 1 OF 1