Donation AgreementPROJECT: ANN OLESKY PARK
PARCEL: Addition to park
FOLIO: 00054000001(a portion)
Accepted by BCC NeJ. q . 2011, Item I(, Dv�l
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as "Agreement ") is made
and entered into this '9A day of 1)nAJambPr' , 2011, by and between LAKE
TRAFFORD MARINA, INC., a Florida corporation, whose post office address is 6001 Lake
Trafford Road, Immokalee, Florida 34142 -2331 (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose post office
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred
to as "County ").
WITNESSETH:
WHEREAS, County desires to acquire fee ownership to that certain land of Owner,
described in Exhibit "A" attached hereto (hereinafter referred to as "Lands "), for
purposes of operating and maintaining a park site, and all associated access,
infrastructure and improvements, as necessary; and
WHEREAS, Owner's Lands contain a .13 acres +/- piece of land and lake front
providing additional area to be added to the existing Ann Olesky Park for the
enjoyment of the public; and
WHEREAS, County has requested that Owner convey to County fee ownership to
Owner's Lands by Warranty Deed; and
WHEREAS, County will assume responsibility for the maintenance and operation of
the Lands for the benefit of the public; and
WHEREAS, Owner recognizes the benefit to the public and desires to convey fee
ownership of the Lands to County for the stated park purposes, on the terms and
conditions set forth herein, said terms including that no compensation shall be due and
payable for the conveyance of the Lands.
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 Lands described in Exhibit "A" which is attached
hereto and made a part of this Agreement. Said conveyance shall be at no cost to
County, except as otherwise provided below.
2. Owner shall convey the Lands described in Exhibit "A" to County via a
Warranty Deed, free from all liens, encumbrances or qualifications adversely affecting
County's enjoyment and intended use of said Lands.
3. Subsequent to the conveyance of the Lands as set forth above, County shall
be responsible for the maintenance and operation of the Lands.
4. Prior to Closing, Owner will cooperate with County to obtain, from the holders
of any liens, exceptions and /or qualifications encumbering the Lands, the execution of
such instruments which will remove, release or subordinate those encumbrances which
adversely affect, interfere with, or impede the intended use and enjoyment of the
Lands.
5. To the best of Owner's knowledge, Owner represents that the Lands and all
uses of the Lands have been and presently are in compliance with all Federal, State
and Local environmental laws; that no hazardous substances have been generated,
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stored, treated or transferred on the Lands except as specifically disclosed to County;
that the Owner has no knowledge of any spill or environmental law violation on any
land contiguous to or in the vicinity of the Lands to be conveyed to County; that the
Owner has not received notice and otherwise has no knowledge of a) any spill on the
Lands, b) any existing or threatened environmental lien against the Lands, or c) any
lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill
or transfer of hazardous substances on the Lands. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
6. Closing of the conveyance shall occur within ninety (90) 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 Lands.
7. 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.
8. County shall pay for all costs of recording the conveyance instruments and
any curative instruments in the Public Records of Collier County, Florida, as well as, all
other costs associated with this transaction, including but not limited to, title
commitment, and survey, but shall not pay for documentary stamps.
9. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by all 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.
10. Conveyance of the Lands 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 contemporaneous written
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
11. 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 this
_ day of 2011.
Date acquisition approved by BCC:._�y2►71I7P r ���L_ J(oij a
AS TO COUNTY:
DATED: III 810.201)
ATTEST:�01, � .� "o
DWI T
-ter, te alts , k
VL;
Approvec as
legal form and sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairma
By: JENNIFEk B. WHITE, Assistant County Attorney
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AS TO OWNER:
DATED: ! c l q (/
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WIT SES:
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Witness (Si nature)
Name:r! % S
(Print orfype)
VU4;f6 C`
Witness (S,ii4fiature)
Name:
(Print or T pe)
TONA NELSON
` MY COMMISSION i EE 000196
EXPIRES: October 11u 20s
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31501 if
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DESCRIPTION ~
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A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 46
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING
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A PORTION OF HE LAND DESCRIBED IN OFFICIAL RECORDS
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1 BOOK 719, PAGE 1217, OF THE PUBLIC RECORDS OF
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I COMMENCING AT THE SOUTHEAST CORNER OF THE
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NORTHEAST QUARTER OF SAID SECTION 35; HENCE RUN
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NORTH 0747'45" WEST ALONG THE EAST LINE OF SAID
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I FRACTION OF A SECTION FOR 19.40 FEET; THENCE LEAVING
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1 THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 280,
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I PAGE 483, OF THE PUBLIC RECORDS OF COWER COUNTY,
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I SOUTH 8853'15" WEST, A DISTANCE OF 465.21 FEET;
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I HENCE SOUTH 74'35'45" WEST, A DISTANCE OF 112.80
FEET; THENCE SOUTH 88'59'05" WEST, A DISTANCE OF
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THENCE LEAVING THE SOUTH LINE OF SAID LANDS, IN AND
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Iw BOOK 719, PAGE 1217, OF THE PUBLIC RECORDS OF
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� COLLIER COUNTY, SOUTH 01'14'05" EAST, A DISTANCE OF
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10- RECORDS BOOK 1050, PAGE 1716, OF HE PUBLIC
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; LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 280, PAGE
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THENCE ALONG SAID SOUTH LINE, SOUTH 89'19'35" EAST, A
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11. BEARINGS SHOWN HEREON ARE BASED ON THE EAST
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IN OFFICIAL RECORD BOOK 280, PAGE 483.
12. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET
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13. THIS SKETCH & LEGAL DESCRIPTION IS UU VALID
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1 A LICENSED FLORIDA SURVEYOR AND MAPPER. NO
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OR DELETIONS TO THIS SKETCH & LEGAL
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N n I DESCRIPTION ARE PERMITTED WITHOUT HE EXPRESSED
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LEGEND
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