PB Sidewalk Improvements Phase 2 - Hyde Park (Folio #51140040005) PROJECT: PB Sidewalk Improvements Phase 2
Parcel No.:51140040005
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into by and between HYDE PARK AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida not-
for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is 6320 Pelican Bay
Blvd., Naples, FL 34108, 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, Grantee 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 agrees to execute any documentation that is necessary in order for
the Grantee to obtain from the holders of any liens, exceptions and/or qualifications encumbering the
Property such executions as are necessary.
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.
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1
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
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
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Donation Agreement 2
IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first
above written. 1 pp
DATE ACQUISITION APPROVED BY BCC: p�-d3- dD IO ►,i-or I L i I ReSa.i t.klc v\ 20 O 39
AS TO GRANTEE:T
DATED: 4 "w- w '
ATTEST:
CRYSTAL K. KINZEL,-C1 rk df,the Circuit BOARD OF COUNT COMMISSIONERS
Court and ComptrOIW COLLIER COUNTY,
( €).
BY: Pieh
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Clerk Willi. L. McDaniel, Jr., Chair an
s to ,u.i'
es
AS TO GRANTOR:
HYDE PARK AT PELICAN BAY CONDOMINIUM
ASSOCIATION, INC., a Florida
not-for-profit corporation
Witne ignatureJ
Print Name (�lis*./AN J IA uNT V.1
witn ss Si ture) f Gary A'Myers, its President
( gnar
Print Name:J(�f.`((5 rQh arm
Approved as to form and legality:
Jennifer A. Belpedio 0 ,1\
Assistant County Attorn al
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Donation Agreement 3
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""'AGNOLI Rage 3 —Of 7400 Trail Blvd., Suite 200
iiiiitr�p Naples, FL 34108
"""DARBER &. PH: (239) 597-31 1 1
:::::::DRUNDAGE, INC.
l (,,,..•w,l F npacr.,M ..tr,bnn,v ll'I•nJa �t ' ,
LEGAL DESCRIPTION SIDEWALK EASEMENT 1 Ia
ALL THAT PART OF HYDE PARK,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS
BOOK 1023,PAGES 430-503,COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID HYDE PARK,SAID CORNER ALSO
BEING THE NORTHWEST CORNER OF PARCEL"M", PELICAN BAY UNIT TWO,AS
RECORDED IN PLAT BOOK 12,PAGES 74-79,COLLIER COUNTY, FLORIDA AND THE EAST
RIGHT-OF-WAY OF PELICAN BAY BOULEVARD;
THENCE ALONG THE WEST BOUNDARY OF SAID HYDE PARK AND SAID EAST RIGHT-OF-
WAY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 87°11'48"W
AND HAVING A RADIUS OF 1260.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°32'56" AN
ARC DISTANCE OF 188.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 84°15'15" W AND HAVING A
RADIUS OF 1260.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°12'31"AN ARC
DISTANCE OF 70.56 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 48°02'57" W AND HAVING A RADIUS OF
31.00 FEET;
THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°37'23" AN ARC DISTANCE OF
17.11 FEET;
THENCE S 10°19'40" E A DISTANCE OF 11.65 FEET TO THE BEGINNING OF A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 113.60 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°59'39" AN
ARC DISTANCE OF 43.61 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND
SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 291 SQUARE FEET.
REFERENCE ABB DRAWING#12735-SDIO
Page 3 of 4
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■■ GNOLI 7400 Trail Blvd., Suite 200
■■r
11111 Naples, FL 34108
iii'■iirBARBER & PH: (239) 597 31 1 1
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::::::PBRUNDAGE, INC;.
14 dt.irol!nt.nep.Mer vr.,SOn(1,4.t I in.I%tic.4t.hrtat.
LEGAL DESCRIPTION SIDEWALK EASEMENT 11b
ALL THAT PART OF HYDE PARK, A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS
BOOK 1023, PAGES 430-503,COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A NORTHWEST CORNER OF SAID HYDE PARK, SAID CORNER ALSO
BEING THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE SOUTH RIGHT-
OF-WAY OF GULF PARK DRIVE;
THENCE ALONG THE WEST BOUNDARY OF SAID HYDE PARK AND SAID EAST RIGHT-OF-
WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 85°29'46" E
AND HAVING A RADIUS OF 2205.72 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°05'44" AN
ARC DISTANCE OF 80.67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
WESTERLY WHOSE RADIUS POINT BEARS S 71°20'05" W AND HAVING A RADIUS OF 179.12
FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°28'21"AN ARC DISTANCE OF
13.98 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY WHOSE
RADIUS POINT BEARS S 71°48'44" W AND HAVING A RADIUS OF 51.01 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°27'47" AN
ARC DISTANCE OF 28.01 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND
SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A COMPOUND CURVE CONCAVE
EASTERLY WHOSE RADIUS POINT BEARS N 82°19'33"E AND HAVING A RADIUS OF 2205.16
FEET;
THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°04'29"AN ARC DISTANCE OF
41.37 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 86 SQUARE FEET.
REFERENCE ABB DRAWING#12735-SDIO
Page 4 of 4