PB Sidewalk Improvements Phase 2 (Folio #71880040002) PROJECT: PB Sidewalk Improvements Phase 2
Parcel No.: 71880040002
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between THE SANTUARY AT PELICAN BAY ASSOCIATION,
INC., A FLORIDA NOT FOR PROFIT CORPORATION (hereinafter referred to as "Owner"),
whose mailing address is c/o Cambridge Property Management, 2335 Tamiami Trail N., Suite
402, Naples, FL 34103 and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, (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 construction and maintenance of a sidewalk 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 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 Sidewalk Easement 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;
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 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: Q 1 a,3 l t G - 1(0 5
AS TO COUNTY:
DATED: 1 a \i S-j 1
A 'FP' ......p `vim
c ysfal,dc.Kinzel;clerrc of the Circuit Collier •unt - Political Subdivision of the
•paur40114-1 i,tpom tro?le . State o F1' id-
q)Lij66.4.i-4 : -
p► @5 �6►� . ' �; !!' Jerk By: OPi.1.I' AI
"enhy Taylor,'air
'1'i0$11,f QPl1'
AS TO OWNER:
The Sanctu.a at 'elican Bay Association,
Inc., a F , Ida.r profit corporation
WITNESSES
(44----- By //��//��1
Witness I(SI(Signature) �Q,,' Its: C/`l'�
Name: I.44.In1 J ► V
(Print)
C .,, --:—.C. r�
Witness(Signature
Name: t-./1Si)rth t/�}
ob2
(Print)
Approved as to form and legality:
Jennif . Belpedio, s tant County Attorney �v- �
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■■■■■rAA 7400 Trail Blvd., Suite 2(X): F GNOLI
Naples, Fl 34108
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■■■■■■:BRUNDAGE, INC.
LEGAL DESCRIPTION SIDEWALK EASEMENT 8
ALL THAT PART OF SANCTUARY AT PELICAN BAY,A CONDOMINIUM,AS RECORDED IN
OFFICIAL RECORDS BOOK 946,PAGE 502,COLLIER COUNTY,FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SANCTUARY AT PELICAN BAY, SAID
CORNER ALSO BEING THE NORTHWEST CORNER OF LUGANO,A CONDOMINIUM,AS
RECORDED IN OFFICIAL RECORDS BOOK 1259,PAGE 1205,COLLIER COUNTY, FLORIDA
AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD;
THENCE ALONG THE WEST BOUNDARY OF SAID SANCTUARY AT PELICAN BAY AND THE
EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD N 35°49'45" W A DISTANCE OF 49.65
FEET;
THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 50°21'35" E A
DISTANCE OF 13.47 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 51.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°31'50"AN
ARC DISTANCE OF 12.93 FEET;
THENCE S 35°49'45" E A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 51.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°11'28"AN
ARC DISTANCE OF 9.07 FEET;
THENCE S 25°38'17" E A DISTANCE OF 4.88 FEET TO AN INTERSECTION WITH THE SOUTH
BOUNDARY OF SAID SANCTUARY AT PELICAN BAY AND THE NORTH BOUNDARY OF
SAID LUGANO;
THENCE ALONG SAID BOUNDARIES S 54°10'15"W A DISTANCE OF 3.34 FEET TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 190 SQUARE FEET.
REFERENCE ABB DRAWING#12735-SD6
Page 2 of 2
PROJECT: PB Sidewalk Improvements Phase 2
Parcel No.: 71880040002
SIDEWALK EASEMENT
f15
THIS EASEMENT is made and entered into this 1a day of I il'Ci 72021,by The Sanctuary at
Pelican Bay Association, Inc., a Florida not for profit corporation, whose mailing address is c/o
Cambridge Property Management, 2335 Tamiami Trail N., Suite 402, Naples, FL 34103 (hereinafter
referred to as"Grantor"),and COLLIER COUNTY,a political subdivision of the State of Florida,having a
mailing address of 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors and assigns
(hereinafter referred to as"Grantee").
(Wherever used herein, the terms"Grantor and"Grantee"include all parties to this instrument
and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are
cr used for singular or plural,as the context requires.)
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O WITNESS ET H:
lY
a Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration
t, paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys,
v. OO grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for the purpose of
Cw7 0 construction and maintenance of a sidewalk upon and across the following described lands located
Q in Collier County,Florida,to wit:
vg ~
v w D See attached Exhibit"A"which is incorporated herein by reference.
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N Subject to easements,restrictions,and reservations of record.
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CO o U U This Property is not Grantor's Homestead
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O ( U tr TO HAVE AND TO HOLD the same unto the Grantee. together with the right to enter upon said
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u ,- _ D land, place, excavate, and remove materials for the purpose of constructing, and maintaining a
0 I- 00 sidewalk thereon. The easement granted herein shall constitute an easement running with the land
m w O 0 and shall burden the lands described above.
O w .
I— O w —Ji O IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in Grantor's
Z ct ww U OO o name this fl thday of NOV'4..mhcX— ,2021.
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Witness(Signatturee)oIp/� �r�
Print Name: t�'c..-1 V ' 1! r rJ The Sanctuary at Pelican Bay Associati
!�/�/'L1 Inc.,a Florid for p/5cse
'� orporatio
— Print Name: �/
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Witness(Signature) J � in
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/-w its: �1�I� i
Print Name: rate
i-7 ' GRANTOR
STATE OF Ft- ) 0-000o--4
COUNTY OF Lee I -nCQo
0>mo0
The foregoing Sidewalk Easement� B was acknowledged before me by means of ,physical presence or o C�n-nC
WOVet^•lbfy" ,2021,by \ c ,,k \—CnrQ,S� _I—., 0r_r1
online notarization this 17fi day of OO�
as ,on behalf of The Sanctuary at Pelican Bay Association, Inc,a Florida not for Z= Zn
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profit corporation,who: O T IT)
is personally known to me; °C)n
o has produced his/her current driver's license:or 0<J.IJ
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❑has produced as iideennttiifiiccation. s 0 (Dv
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«Affix Notary Seal» Notary Signature 0
Print Name tk4" t t Nl I-6 cnm
Commission# Exp:
Approv d as to form a le lity
;•ki7.�:Ys;;•••., AUTUMN HILES
JENNIFE . ELPEDIO,Assistant Attorney a ,tp
0/ (3 \ ;,,r ,• * MY COMMISSION#GO 938665 ova
'�.�-.- d: EXPIRES:March 8,2024
••.R"Wits'. Bonded Thru Notary Public Underw*ers
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LEGAL DESCRIPTION SIDEWALK EASEMENT 8
ALL THAT PART OF SANCTUARY AT PELICAN BAY,A CONDOMINIUM,AS RECORDED IN
OFFICIAL RECORDS BOOK 946,PAGE 502,COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SANCTUARY AT PELICAN BAY, SAID
CORNER ALSO BEING THE NORTHWEST CORNER OF LUGANO,A CONDOMINIUM,AS
RECORDED IN OFFICIAL RECORDS BOOK 1259, PAGE 1205,COLLIER COUNTY,FLORIDA
AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD;
THENCE ALONG THE WEST BOUNDARY OF SAID SANCTUARY AT PELICAN BAY AND THE
EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD N 35°49'45" W A DISTANCE OF 49.65
FEET;
THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 50°21'35" E A
DISTANCE OF 13.47 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 51.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°31'50"AN
ARC DISTANCE OF 12.93 FEET;
THENCE S 35°49'45" E A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 51.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°11'28"AN
ARC DISTANCE OF 9.07 FEET;
THENCE S 25°38'17" E A DISTANCE OF 4.88 FEET TO AN INTERSECTION WITH THE SOUTH
BOUNDARY OF SAID SANCTUARY AT PELICAN BAY AND THE NORTH BOUNDARY OF
SAID LUGANO;
THENCE ALONG SAID BOUNDARIES S 54°10'15"W A DISTANCE OF 3.34 FEET TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 190 SQUARE FEET.
REFERENCE ABB DRAWING#12735-SD6
Page 2 of 2