Club Pelican Bay Donation Agreement PROJECT:Reclaimed Water-The Club Pelican Bay
FOLIO No.:66674441453
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into by and between THE CLUB PELICAN BAY, INC., a Florida Non
Profit Corporation, whose mailing address is 707 Gulf Park Drive, Naples, Florida, 34108-
8202, (hereinafter referred to as "Owner"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, 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 utility easement for the purpose of access, installation, and maintenance of
reclaimed water facilities and other utility appurtenances over, under, upon and across the
lands described in Exhibit "A" (said utility easement hereinafter referred to as the "Property"),
which is attached hereto and made a part of this Agreement;
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 Utility Easement to County at no cost to the
County, unless otherwise stated herein.
2. County will be responsible for all repairs, maintenance, and related costs for its
above-ground and in-ground infrastructure within the easement area. This provision shall
survive Closing and is not deemed satisfied by the conveyance of Easement.
3. 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.
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PROJECT:Reclaimed Water-The Club Pelican Bay
FOLIO No.:66674441453
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. 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.
The cost of a title commitment shall be paid by County.
7. 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.
8. 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.
9. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
(This space intentionally left blank)
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PROJECT:Reclaimed Water-The Club Pelican Bay
FOLIO No.:66674441453
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates
hereinafter stated.
AS TO CObZ/(.NTY:
DATED: 111 Z•biz_
ATTEST: BOARD OF COUNTY COMMISSIQNtRS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA,AS
THE GOVERNING BODY OF COLLIER
•` w ' COUNTY AND AS EX-OFFICIO:THE
�: �•� GOVERNING BOARD OF THE=COLLIER
COUNTY TE -SEWER IS'ER T
- By: -
« �pp �l�rk Fred W. Coyle, Chairman
• St430'
AS TO OWNER:
THE CLUB PELICAN BAY, INC.,I a Florida Non Profit Corporation
DATED: --f1 t ''{' ao Q a
6NESSE .
_11/./ /. , /IL
. .
ltness (Signature) ;
• By:
Name: • & .j. )�.i [ (Lcy
(Print)
/,, ` Name: # ret}&LEc
(Print or type)
Witn-ss (Signature) I �,
) Title: actkiNiefn.
Name: 14 S ' 1 L l O
(Print)
Approved as to form and
legal sufficiency:
By:
Jennifer B. White
Assistant County Attorney
3
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EXHIBIT fT February 8,2012
�1L�-
Page y Of DESCRIPTION
PART OF PARCEL"G-C"
PELICAN BAY UNIT TWELVE
PLAT BOOK 17,PAGE 83
SECTION 4,TOWNSHIP 49 SOUTH,RANGE 25 EAST
COLLIER COUNTY,FLORIDA
A tract or parcel of land lying in Parcel "G-C", Pelican Bay Unit Twelve as recorded in Plat
Book 17, page 83, public records of Collier County, Florida, which tract or parcel is more
particularly described as follows:
Commencing at the southwest corner of Parcel"C",Pelican Bay Unit Fourteen as
recorded in Plat Book 16, page 23, said public records, also being a point on the
west line of Parcel "G-C", Pelican Bay Unit Twelve as recorded in Plat Book 17,
•
page 83, said public records, thence South 10°33'27"East on said west line for
96.27 feet to the Point of Beginning.
From said Point of Beginning thence North 84°48'50" East departing said west
line for 43.90 feet; thence South 05°11'10" East for 12.35 feet; thence
South 84°48'50" West for 42.74 feet to an intersection with said west line;
thence North 10°33'27" West on said west line for 12.41 feet to the Point of
Beginning.
Parcel contains 535 square feet(0.01 acres),more or less.
Bearings hereinabove mentioned are based on State Plane Coordinates, Florida Zone East,
North American Datum of 83 (NSRS 2007) wherein the west line of Parcel "G-C", Pelican Bay
Unit Twelve as recorded in Plat Book 17, page 83, public records of Collier County, Florida,
bears South 10°33'27" East.
(Not Valid Without Sheet 1 of 2)
Sheet 2 of 2