PB Sidewalk Improvements Phase 2 Donation Agreement (Folio #22610000203) PROJECT: PB Sidewalk Improvements Phase 2
Parcel No.: 22610000203
16 81
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a
Florida Not For Profit Corporation, (hereinafter referred to as "Owner") whose post office
address is c/o Anstett CPA P.A., 1000 Tamiami Trail N., Suite 502, Naples, FL 34102 and COLLIER
COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County")
having a mailing address of 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112.
W ITN E S S E T H :
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.
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PROJECT: PB Sidewalk Improvements Phase 2 16 $ 1
Parcel No.: 22610000203
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,
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 fees,
documentary stamps, 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.
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PROJECT: PB Sidewalk Improvements Phase 2 I
Parcel No.: 22610000203 B
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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PROJECT: PB Sidewalk Improvements Phase 2
Parcel No.: 22610000203 16 B 1
IN WITNESS THEREOF, the Grantor has caused these presents to be executed the date and
year set forth below.DATE ACQUISITION APPROVED BY BCC: 3/8/Z ti
/8/Zt'
AS TO COUNTY:
DATED: 2)8 Z`(
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit Court Collier County, a Political Subdivision of the
and Comptroller State of FI r Iva(oud(,
C (u,w.(4\ By:
test as to Chairman'
e` signature only
Chairman; Clerk Chn all, Chairman
AS TO OWNER:
AVALON AT PELICAN BAY CONDOMINIU►
ASSOCIATION Florida Not cat
Corporation ,S- /Al -
Print N j e: ♦'
Its: -112. S t 1:) 1' "1-
51.0> (514- ira-ff"E‘
4
Witness (Signature) Witness (Si a ure)
Print Name: C RISA p1uSoLL4fZI Print Name:irdoe o,,T eviur/n9
Address: 2- 6-00 L AA 16 5nLG C:✓ Address: 7.92 414411.4 406/.PT
QDtx-5 -tL 3y I /yii9P4Fs f4 ✓✓, 41/09
Approve s t form and legality
Carly J nne Sanseverino
Assistant County Attorney
40F4
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i
B2,9.597.3111
FBPR:31200
MACS:LB8416
www.LlA,com
74001rail Blvd Suite 200,Naples, Florida 34108
LEGAL DESCRIPTION SIDEWALK EASEMENT 39
ALL THAT PART OF TRACT"A",AVALON AT PELICAN BAY,AS RECORDED IN PLAT BOOK
18,PAGES 86-87, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PELICAN BAY
BOULEVARD AND HAMMOCK OAK DRIVE;
THENCE WESTERLY ALONG SAID CENTERLINE OF PELICAN BAY BOULEVARD AND
ALONG THE ARC OF A CURVE WHOSE RADIUS POINT BEARS S 21°49'00" W A DISTANCE OF
1540.00 FEET THROUGH A CENTRAL ANGLE OF 17°18'08"AN ARC DISTANCE OF 465.05
FEET;
THENCE LEAVING SAID CENTERLINE N 04°30'52" E A DISTANCE OF 60.00 FEET TO AN
INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"A",ALSO BEING THE
NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE POINT OF BEGINNING OF
THE PARCEL HEREIN BEING DESCRIBED;
THENCE N 04°21'56" E A DISTANCE OF 1.00 FEET;
THENCE S 85°51'16" E A DISTANCE OF 5.29 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 02°43'22" E AND HAVING
A RADIUS OF 152.43 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°22'59"AN
ARC DISTANCE OF 19.64 FEET;
THENCE TO THE BEGINNING OF REVERSE NON-TANGENT CURVE CONCAVE SOUTHERLY
WHOSE RADIUS POINT BEARS S 03°18'53"E AND HAVING A RADIUS OF 30.05 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°49'54"AN
ARC DISTANCE OF 7.78 FEET;
THENCE S 78°29'00" E A DISTANCE OF 36.45 FEET TO AN INTERSECTION WITH SAID SOUTH
BOUNDARY AND SAID NORTH RIGHT-OF-WAY;
ALSO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE
RADIUS POINT BEARS S 06°58'39" W AND HAVING A RADIUS OF 1600.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A
CENTRAL ANGLE OF 02°27'47" AN ARC DISTANCE OF 68.78 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 125 SQUARE FEET.
REFERENCE ABB DRAWING#12735-SD39
Page 2 of 2
EXHIBIT"A" - Page 2 of 2
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