Audubon Donation Agreement PROJECT: Groundwater Monitoring Well—Audubon CC
TAX IDENTIFICATION NUMBER:22495501008
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between AUDUBON COUNTRY CLUB FOUNDATION, INC., a
Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing
address is 15725 Tamiami Trail North, Naples FL 34110, 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 (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 accessing, constructing and maintenance of
monitoring well facilities, over, under, upon and across the lands described in Exhibit "A"
(said easement 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 an Utility 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.
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3. If there is any disturbance of native vegetation during construction of groundwater
monitoring well, County will replace in-kind.
4. 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.
5. 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.
6. 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.
7. 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,
laws, 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.
8. 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, documentary and intangible taxes shall be borne and
paid by Owner. The cost of a title commitment shall be paid by County.
9. 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.
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10. 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.
11. 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.)
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: )10,NU ,
AS TO COUNTY: eA, Ct0., 1"\ — 16 I
DATED: I_Dl r ZI 2.0 °y` .,,.. •
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY: .
Attest,4t to . Clerk FRED W. COYLE, Chai n
iignatitle
Approved as to form and
legal sufficiency:
JenFer B. White
Assistant County Attorney
3
AS TO OWNER:
WITNESSES:
Lz-t2s.‘ qp/ITPAr.
Witness#1 (Signature) AUDUBON COUNTRY CLUB
FOUNDATION, a Florida not-for-profit
1.:e.,'er, � c ef'z`( corporation
Witness#1 (Printed Name)
.,� 41. ,, ri" Be
itne•s#2(Si.nature) ✓7—
Print name: ' ' 1 ,
0442 M. C1,4
WitnessY2(Printed Name) Title: -5 ( O, •
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LEGEND —
P.B. = PLAT BOOK
EXHIBIT
PG. = PAGE/PAGES
W /�►��%./11111 E POB = POINT OF BEGINNING
`� POC = POINT OF COMMENCEMENT Page Of
•
= � UE = UTILITY EASEMENT
SF = SQUARE FEET
S L=LENGTH
0 15 30 R=RADIUS
�irWrr 0 = DELTA
GRAPHIC SCALE CB = CHORD BEARING AUDUBON BOULEVARD
1" = 30'
TRACT R
L=10.00'
R=437.96'
A=1'18'30" L=17.37'
R=437.83' P00
CB=N84'54'53"E
�=2'16'21" N.W. CORNER
C=10.00'
CB=S86'42'17"W OF TRACT "Z"
C=17.36'
•
--- 1 - S8T50'27"W 125.25' VO11
r POB 20' U.E.
/ PER P.B.
S05 05'07 E 17 PG. 69
. _ �. .29.97'
UE—AE&ME01
300 SF
S84'54'53"W
10.00'
N05'05'07"W I C
13 co
29.97'
REPEAT OF A PORTION OF W o
AUDUBON COUNTRY CLUB, I z
UNIT ONE p
P.B. 17 PG. 69
TRACT V-11 '� m
C
D
r
LEGAL DESCRIPTION (UE-AE&ME01 - UTLITY, ACCESS AND MAINTENANCE EASEMENT)
A PORTION OF TRACT V-11, AS SHOWN ON THE REPLAT OF A PORTION OF AUDUBON COUNTRY CLUB, UNIT ONE,
RECORDED IN PLAT BOOK 17, PAGE 69 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 9,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA:
COMMENCING AT THE NORTHWEST CORNER OF TRACT "Z", AUDUBON COMMERCIAL CENTER, RECORDED IN PLAT BOOK 34,
PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTHERLY BOUNDARY OF
TRACT V-11, AS SHOWN ON THE REPLAT OF A PORTION OF AUDUBON COUNTRY CLUB, RECORDED IN PLAT BOOK 17,
PAGE 69 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING TWO (2) DESCRIBED COURSES:
1) THENCE S87'50'27"W FOR 125.25 FEET TO THE BEGINNING OF A TANGENTIAL CURVE;
2) THENCE 17.37 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 437.83 FEET, THROUGH A CENTRAL ANGLE
OF 02'16'21", AND WHOSE LONG CHORD BEARS S86'42'17"W FOR A DISTANCE OF 17.36 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN.
THENCE LEAVING THE NORTHERLY BOUNDARY OF SAID TRACT V-11, SO5'05'07"E FOR 29.97 FEET;
THENCE S84'54'53"W FOR 10.00 FEET;
THENCE N05'05'07"W FOR 29.97 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE, ALSO BEING A POINT ON THE
NORTHERLY BOUNDARY OF SAID TRACT V-11;
THENCE 10.00 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 437.96 FEET, THROUGH A CENTRAL ANGLE
OF 01'18'30", AND WHOSE LONG CHORD BEARS N84'54'53"E FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 300 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MICHAEL A. WARD 3/7/
F
DAT
LORIDA PROFESSIONAL LAND SURVEYOR CERTIFICATE No, S#E5310GNED 1
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
March 8, 2012 2:09 PM K:\2011\110039.00.00 IQ Infrastructure Surveying—Foxfire—Audubon\0002 Audubon Country Club\Sketch And Oescrlptlons\UE—AE—ME-7r VI l.dwg
PROJECT: AUDUBON COUNTRY CLUB-TRACT V-11
DWAINcvisPimuningalizaiion
TITLE: SKETCH AND LEGAL DESCRIPTION
CONSULTING Civil Engineering
UE-AE&MEG 1 - UTLITY, ACCESS AND MAINTENANCE EASEMENT Z V CAL 1 Surveynlg&Mapping
CLIENT: PUBLIC UTILITIES AND PROJECT MANAGEMENT
6610 Willow Park Drive,Suite 200
Naples,Florida 34109
Phone:(239)597 4) FAX:FAX:(239)597-0578
_ LB No.:6952
JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE I SCALE I DATE I DRAWN BY JUE_AE_ME_Tr_v1l.dwg FILE NAME SH 1 10039.0000 0 9 48S 25E 1" = 30' 3/2/12 R.A.K. 1 C (.Y�77