NBSP Condo Assoc Donation Agreement PROJECT: Reclaimed Water ROW Meter-Naples Business&Storage Park
FOLIO No.:00281880007
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into by and between NAPLES BUSINESS & STORAGE PARK
CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation, whose mailing
address is c/o KMA Company, PO Box 111802, Naples, Florida, 34108, (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 ROW Meter-Naples Business&Storage Park
FOLIO No.:00281880007
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 ROW Meter-Naples Business&Storage Park
FOLIO No.:00281880007
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates
hereinafter stated.
AS TO COUNTY:
DATED: J - lee 20/2---
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA,.AS
r w � , THE GOVERNING BODY OF COLLIER
;., "', COUNTY AND AS EX-OFFICIO THE
�'!� ' GOVERNING BOARD OF THE COLLIER ` a
I i _ / CO W T R-SE ER TRICT
,I6ep'`'C erk Fred W. Coyle, Chairman 0\
test a to Cho .,, s
Signature °nil,
AS TO OWNER:
NAPLES BUSINESS & STORAGE PARK
CONDOMINIUM ASSOCIATION, INC., a Florida
DATED: gid,',1-7- Non Profit Corporation
WI ES`i' S
ik rt
Witne• ignatu e)
By:
Name: 'RILL!. _�' 'ti
Name: �G7 , Kjjqij-
t':&&/¼
rint or type)
. 'OCA..'- . (40 Li l ess (Signature) /�! //1l/ 1`"
// � �,- Title: Z/ b
Name:AJ:5 t7 . A /)/VL)
(Print)
Approved as to form and
legal sufficiency:
By: D (5-1D ,-2-1L.,L,
Jennifer B. White
Assistant County Attorney
3
' EXHIBIT
ENTERPRISE AVENUE
Page_ L-0 60' RIGHT OF WAY
15'
D1� POINT OF COMMENCEMENT
AND
114.41 AjN`IGE EAST 1/4 CORNER
A R. 9 oNrD'vANU�ILITY SIDEWALK, UTILITY, DRAINAGE T-49—S, R 36
AGES k CE T-49—S, R-25—E
334--334.1,445 EASEME AND MAINTENANCE EASEMENT
N? O.R. BOOK 2445, PAGES 3338-3339
T
Ii■
I
O
O
O NORTH
to
GRAPHIC SCALE
0 10 15 20
r-1
.-I
o ( IN FEET )
0 1 inch = 10 ft.
5:45°10'55"E. 8 1/2 X 14 Not to Scale
3.00'
N.44°49'05"E. 3.00' ---,„..7 1 POINT OF
UTILITY EASEMENT--< — BEGINNING
i
N.45°10'55"W. 3.00' s.'
EAST LINE
'VC. SECTION 36
S.44°49'05"W. 3.00' ic'f0,
SECTION 31
50' DRAINAGE EASEMENT T-49—S, R-26—E
F- O.R. BOOK 1853,
PAGES 2314-2315
5=.
CO
00
DESCRIPTION
ALL THAT PART OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 0
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS; 1
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 36; O
THENCE ALONG THE EAST LINE OF SAID SECTION 36, SOUTH 00°16'41" z
WEST 60.00 FEET; ww O
THENCE LEAVING SAID LINE AND ALONG THE SOUTHWESTERLY LINE OF w
A ROAD RIGHT OF WAY, SIDEWALK, UTILITY, DRAINAGE AND cn
MAINTENANCE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK _w
2445, PAGES 3338 THROUGH 3339 OF THE PUBLIC RECORDS OF w co
COLLIER COUNTY, FLORIDA NORTH 45°10'55" WEST 15.50 FEET TO THE c-),�"' a
POINT OF BEGINNING OF THE UTILITY EASEMENT HEREIN DESCRIBED; H �c� C
THENCE LEAVING SAID LINE, SOUTH 44°49'05" WEST 3.00 FEET; w c\t
THENCE NORTH 45°10'55" WEST 3.00 FEET; wz 4 g Z
THENCE NORTH 44°49'05" EAST 3.00 FEET TO A POINT ON THE oo
SOUTHWESTERLY LINE OF SAID ROAD RIGHT OF WAY, SIDEWALK, '-4 w V)
Crl UTILITY, DRAINAGE AND MAINTENANCE EASEMENT; w
THENCE ALONG SAID LINE SOUTH 45°10'55" EAST 3.00 FEET TO ° pp,
THE POINT OF BEGINNING OF THE UTILITY EASEMENT HEREIN
DESCRIBED.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EASEMENT CONTAINS 9.0 SQUARE FEET MORE OR LESS. • .
SKETC�l!� M �n ��Ct t.c.-- 7 ' e.;1 - 3. 17' 12--
H AND BESC o.�MoON MARCUS L.BERMAN,P.S.M.
(UTILITY EASEMENT) FLORIDA SURVEYOR&MAPPER LS 5086
LOCATED IN THE SOUTHEAST 1/4 OF SECTION 36, COLLIER COUNTY SURVEYOR
TOWNSHIP. 49 SOUTH, RANGE 25 EAST COLLIER COUNTY
Engineering Services Dept. Growth Management Division
GENERAL NOTES: Planning and Regulation
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. BEARINGS ARE ASSUMED AND BASED ON THE EAST LINE OF 2800 North Horseshoe Drive,Naples Florida 34104
SECTION 36, BEING,SOUTH 00°16'41"WEST. Phone:239-252-6885 Fax 239-252-6476 FIELD BOOK 4, PAGE 46,48
3.THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED Date: SCALE: Project: File No:
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2-27-12 1 1" = 10'I PRODUCTION PARK 2012-QQ2
H:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\IQ Meters\2012-002 Production Park Utility Easement.dwg,3/7/2012 7:31:04 AM
ORIGINAL DOCUMENTS CHECKLIST & ROU.TING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date
. (I ist in routing order)
1.
2.
3.
4.
•
5. Ian Mitchell, BCC Office Board of County Commissioners 5/40b2 .
Supervisor
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff C��� :) Phone Number 8015
Contact C.�(..E�
Agenda Date Item was 2-6 Agenda Item Number
Approved by the BCC 2 /y
O "'3 7 '3 f0 "68/
Type of Document QQ.//�� ��,,�� Number of Original
Attached /I vr'46��"GIl1 y Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts,agreements,etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's G+�
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain 07/
time frame or the BCC's actions are nullified. Be a are of your deadlines!
6. The document was approved by the BCC on //6 (enter date)and all changes,
made during the meeting have been incorporat d t the attached document.The
County Attorney's Office has reviewed the changes,if applicable.
is Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 9.18.09
MEMORANDUM
Date: May 17, 2012
To: Toni Mott, Property Acquisition Manager
Facilities Management
Hans Russell, Property Acquisition Sr. Specialist
Facilities Management
Michael Dowling, Property Acquisition Sr. Specialist
Facilities Management
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Donation Agreement
Folio #00281880007
Attached is one (1) copy of the original document referenced above (Item
#16B1), approved by the Board of County Commissioners on Tuesday,
February 23, 2010.
The original document can be found on the Clerks website, in the BMR Real
Property folder, titled - Reclaimed Water ROW Meter (Naples Business
& Storage Park) under the aforementioned folio number. The original has
been kept by the Minutes & Records Department as a part of the Board's
Official Record.
If you should have any questions, please contact me at 252-7240.
Thank you.