Parcel 111FEE1
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PROJECT: Collier Blvd. Project No. 68056
PARCEL No(s): 111 FEE1
FOLIO No(s): a portion of 24825000025
DONATION AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this \ rr -+l-day of 1\1 OIlCM\o..o.f" , 2008, by and between SEMBlER
FAMilY PARTNERSHIP #41, lTD., a Florida Limited Partnership, whose mailing
address is 5858 Central Ave., St. Petersburg, FI 33707 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred
to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County by Quitclaim
Deed a parcel of land described in Exhibit "A" , which is attached hereto and made a
part of this Agreement (the "Property"); 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.
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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed Quitclaim Deed) is hereinafter referred
to as the "Closing."
3. Prior to Closing, Owner shall use commercially reasonable efforts to obtain from
the holders of any mortgage, lien or other instrument 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. At or prior to Closing, Owner shall provide County with a
copy of any existing prior title insurance policies. Owner shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. County shall pay all fees to record any curative instruments required to clear title,
all Quitclaim Deed recording fees, and any and all costs and/or fees associated
with securing and recording a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the Property.
5. 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.
6. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
10,
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....."
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein other than the Quitclaim Deed conveying the
Property to County
7. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
"DA-:TEIi).:<,,<;J~ l ()
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BY'
TOM HENNIN
COMMISSIONERS
LORIDA
AS TO OWNER:
SEMBLER FAMILY PARTNERSHIP
#41 , LTD., a Florida Limited Partnership
By: SEMBLER RETAIL II, INC.,
A Florida Corporation, General Partner
Witnesse" s: .~
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(Signature)
By:
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--6.~6YV-fSseM6LEe
(Print Full Name)
~<SI DEt-J1
(Title)
Approved as to form and
legaIAuffici;ncy:
BY: ~
J ef , right, Assistant County Attorney
Donation Agreement-2816981 v2
Last Revised: 8/20/08
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EXHIBIT II (j
Page-L ct....l-
660'(P)
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105' WIDE
-PER PLAT
BROOKS VILLAGE
PB 99, PG 27
660'(P)
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t PROPOSED RlGHT OF WAY ~ T
r PARCEl 111 FEEl " ~,:~;:~-:.~. {'I
t 169 SO. n.. ':V '. \ ;' 0' '. ,(""<. .......,
f ~$l ~', :>1>?" '>-
':l .,..... ,/ // "'2.s{OO' / ,/ ,.,/ /~90'" . . / /: V<Oo' / ///As{~ / -:-..,', -!:~ ", 10 ~D pcl
~ "/./ <---:.<' .' ///(660'(P)(1 , /~(;:1 ~11TH AVE. S.W,r-/... ...., / / ;.. X .,.~>...,:
t ----+ I j- 60' WIDE PER PLAT POINT OF'
... COMMENCEMENT
2_______ ___~
f ~g
3 PO'NT Of'
t SOUTH UNE OF aEOI'ltllNC
&' PlAT OF
... BROOKS V1UAGE
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LINE TAaLE
BEARING
N00'29'013"W
SB9'31'05'w
SB9'31'05"W
N33'12'29"E
SOD"29'OS"E
LENGTH
30.00'
5,00'
15,00'
27,04'
22050'
OR - OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBUC PER PLAT BOOK 7, PAGE 15
TRACT R-l, PLAT BOOK 99, PAGE 27. PUBUC
RECORDS, CLOOIER COUNTY, FLORIDA
LEGAL OESCRlPTION FOR PARCEl lllFEEl
A PORTION OF TRACT or (FUTURE DEVElOPMENT') OF. THE PLAT OF BROOKS VILLAGE AS RECORDED IN PLAT BOOK
99, PAGE 27 OF THE PUBUC RECORDS OF COLUER COUNTY. FLORIDA, LYING IN SECTION 15. TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLUf;R COUNTY, FLORIDA BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHEAST CORNER Of' SAlD TRACT R-l AS RECORDED IN PLAT BOOK 99, PAGE 27 OF THE
. PUBUC RECORDS Of' COLUER COUNTY. FLORIDA;
THENCE N.00'29'0B"W,. ALONG THE EAST LINE Of' SAID TRACT R-l, FOR 30.00 FEET;
THENCE S.S9'31'05"W,. FOR 5.00 FEET TO THE POINT OF BEGINNING,
THENCE CONTINUE S.B9'31'05'W., FOR 15.00 FEET:
THENCE N.33'12'29"E., FOR 27.04 FEET, TO A POINT ON THE WEST UNE OF SAID TRACT R-l;
THENCE ALONG THE SAID WEST UNE Of' TRACT R-l, S.00'29'DB" E,. FOR 22.50 FEET TO THE POINT OF BEGINNING
OF HEREIN DESCRIBED PARCEL
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lZZ1
FEE SIMPLE
INTEREST
CONTAINING 169 SQUARE FEET MORE OR LESS.
SKETCH &: DESCRIPTION ONLY
NOT A BOUNOARY SURVEY 8CloLB' l.wBO'
fOR: COWER COUNlY GOVERNMENT BOARO OF COUNlY COMMISSIONERS
COLIJER BOtlLEVARD
SKETCH & DESCIUPTIDN OF: PROPOSED RIGHT OF 1YAY
PARCEL 11lFEEl
COLLIER COUNTY, FLORIDA
40 80
IGO rmWJilt /
A. \'fI'.RQ. PROFESS/II su_
I ..OR~ IIfa:J51'AAlJON :J M'
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NOT VAlJU WIl1-1aU'I nr( ORIGIfAt. ~lU RAIS o.moSSEO SEAl. gp'
A f1.OR~ RCCISIERm PROFtS$JOtML SURvrt R AN MIlPPER.
D'ITAlHll~
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Gila WJIIowP_ DrIve. $\Ills 200
NaJI/.. F1cric1134108
....." IZ30l 597_. FAX: (23"597.0578
La No.' 59ft
FILE NAME SHEE r
UN26 SK111 FEEl OF 1
This Instrument Prepared By and Return to:
4257146 OR: 4424 PG: 2374
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, lL
02/03/2009 at 09:05AN DWIGHT E. BROCK, CLERK
REC m
coms
44.00
5.00
Howard S. Miller, Esq.
Trenam Kernker
200 Central Avenue
Suite 1600
St. Petersburg, Florida 33701
Retn:
CLERK TO THE BOARD
INTEROmCE 4TH !LOOR
BIT 8411
lOB
Space above this line for recorder's use only
CORRECTIVE AMENDMENT TO OillTCLAIM DEED AND TEMPORARY CONSTRUCTION
EASEMENT AND RELATED DOCUMENTS
THIS CORRECTIVE AMENDMENT TO QillTCLAIM DEED AND TEMPORARY
CONSTRUCTION EASEMENT AND RELATED DOCUMENTS ("Amendment") is made as of the
2.0~day of .J6.IIILC.. r'i, , 2009, by SEMBLER FAMILY PARTNERSHIP #41,
LTD., a Florida limited parln ShIp, havmg a mallmg address of 5858 Central Avenue, St. Petersburg,
Florida 33707 ("Sembler") and COLLIER COUNTY, a political subdivision of the State of Florida
("County").
RECITALS:
A. Sembler has previously executed and recorded in the Public Records of Collier County,
Florida (the "Public Records") that certain Quitclaim Deed dated November 17, 2008, and recorded in
O.R. Book 4413, at Page 0905, of the Public Records (the "Q/C Deed").
B. Sembler has previously executed and recorded in the Public Records that certain
Temporary Construction Easement dated November 17, 2008, recorded in O.R. Book 4413, Page 0910 of
the Public Records (the "TCE").
C. In connection with the Q/C Deed, Sembler and County previously executed that certain
Donation Agreement dated November 17, 2008 (the "Donation Agreement"), and Wachovia Bank,
National Association ("Wachovia") previously executed and recorded in the Public Records that certain
Partial Release of Mortgage dated November 20, 2008, and recorded in O.R. Book 4413, Page 0901 of
the Public Records (the "Partial Release").
D. In connection with the TCE, Sembler and County previously executed that certain
Temporary Construction Easement Agreement dated November 17, 2008 (the "TCE Agreement"), and
Wachovia previously executed and recorded in the Public Records that certain Subordination, Consent
and Joinder of Easement dated November 17, 2008, and recorded in O.R. Book 4413, Page 0914 of the
Public Records (the "Subordination, Consent and Joinder"). The Q/C Deed, TCE, Donation
Agreement, Partial Release, TCE Agreement and Subordination, Consent and Joinder are referred to
hereinafter collectively as the "Documents".
Corrective Amendment-2985590v2
OR: 4424 PG: 2375
lOB
E. Exhibit A to each of the Documents incorrectly refers to the Plat of Brooks Village as
having been recorded in Plat Book 99, Page 27 of the Public Records, rather than in Plat Book 49, Page
27 of the Public Records.
F. The purpose of this Amendment is to correct the incorrect recording information for the
Plat of Brooks Village included in each of the Documents.
AGREEMENT:
NOW, THEREFORE, each of the Documents is hereby amended as follows:
1. Recitals. The recitals are incorporated herein as if set forth in full.
2. Corrective Amendment. Exhibit A attached to each of the Documents is hereby
amended by replacing each ofthe references to the Plat of Brooks Village as being recorded in "Plat Book
99, Page 27" (or "PB 99, PG27") of the Public Records with "Plat Book 49, Page 27" (or "PB 49, PG27")
of the Public Records.
3. Representations. The persons executing this Amendment and/or the joinder attached
hereto represent and warrant that they have all requisite authority to execute this Amendment and/or such
joinder (as applicable).
4. Ratification. Except as amended or modified by this Amendment, the terms of the
Documents shall remain in full force and effect.
5. Counterparts. This Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which shall be taken to be one and the same instrument,
for the same effect as if all of the parties hereto (including all parties executing joinders) had signed the
same signature page.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first
above written.
Signatures Begin on Following Page
Corrective Amendment-2985590v2
2
OR: 4424 PG: 2376
SEMBLER'S SIGNATURE PAGE
108
Witnesses:
SEMBLER FAMILY PARTNERSHIP #41,
LTD., a Florida limited partnership
d~Ql~#
Print Name: TF
'\ / L[ALT~RUMM[
;( .L L L -IZ .\J C r---.-
Pri~t ame: Judie K (31
j .. .' enn
By: Sembler Retail II, Inc.,
a Florida corporation, its General Partner
~~~~~FR
Its: _/2.E'')1 DEN
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Corrective Amendment to Quitclaim Deed lW.\!. Temporary Construction Easement
and Related Documents was acknowledged before me this ~ day of JANUAIVi 2009, by
heffioE4 5. ~s _PIZE5\ OBNT of Sembler Retail II, Inc., a Florida
corporation, the general partner ofSEMBI,ER FAMILY PARTNERSHIP #41, LTD" a Florida limited
partnership, on behalf of such entities, LiJ who is personally known to me or LJ who has produced
as identification.
W'i-":~' MICH'CLLE M. MCINTOSH
€': "'j MY COMMISSION # DD109960
" EXPIRES Augusl29. 2011
. (47)3" ..0153 florld.Nota ServiCe.com
(Notana -
lb~~. )X~
Print Name: !VI I u...e tv!. IJIq N'fDC,:,/.f
NOTARY PUBLIC
My Commission Expires:
Corrective Amendment-2985590vl
3
OR: 4424 PG: 2377
lOB
COUNTY'S SIGNATURE PAGE
By: '
..' "i:;' ;Deputy Clerk
-~tt!,t~t,'fo ~4 1l'1l4n I
.t.t,on4t....'~t.
'~(
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B, ;JJ~ d<t~
Name:~.... .-.4 FlA. {A.,
Its: CYla,'...."""a h
STATE OF FLORIDA
COUNTY OF COLLIER
. e 'at SUffiCien~
right, Assistant County Attorney
Jeff
The foregoing Corrective Amendment to Quitclaim Deed and Temporary Construction Easement
and Related~;wnents was ackn~dged.before me this ~day of ~6(V~009, by
o f}1I~ Z / A , as C . ,..,.",..,... of The Board of County Co issioners of
Collier County, Florida, [~who is personally known to me or [.-:I who s produced
as identification.
(Notarial Seal)
NOTARY PUBLIC
My Commission Expires:
.,.'I>I!:Ii:1"
'i~"j':~ CAROlYNSUEAUION
~ !" MY COMMISSION * 00 748130
"...r,:u ' ',' EXPIRES: April 28, 2012
IlIl" BondtdThruNocaryPllblcUndtrwliters
Corrective Amcndment-2985590v2
4
*** OR: 4424 PG: 2378 ***
JOINDER AND CONSENT TO CORRECTIVE AMENDMENT TO QUITCLAIM DEED AND
TEMPORARY CONSTRUCTION EASEMENT AND RELATED DOCUMENTS
lOB
THE UNDERSIGNED, WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking
association ("Bank"), hereby consents to, approves and joins in the execution of this Corrective
Amendment to Quitclaim Deed and Temporary Construction Easement and Related Documents to which
this Joinder and Conscnt is attached.
1,1 IN WIT~SS WHEREOF, the undersigned has caused this Joinder and Consent to be executed
this n day of ...J C/(I '^ 1Ii:J ' 2009.
Witnesses:
(Notarial Seal)
l1:.:''':;;'V:~~b\
j~:.A,~i
",i',,~,,",,'~
"./it,.lfl"-
JANICE K. TICE
'n' ooMMISSION , DO 405417
.~plf!~S: April 27, 2009
llool~ft\I\jNOlI.~PubIIcUnd6rwtiters
Corn:clive Amcndment~2985590v2
WACHOVIA BANK, NATIONAL
ASSOCIATION, a national banking association
~;~/~'11-1w;:,:=::/h>
Its: ~]),ri' C;;fv."-
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1.1/2-7/01
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