Donation Agreement PROJECT:Naples Mobile Estates
PARCEL: Leawood Lakes Preserve
FOLIO: 54670000101
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the"Agreement") is made
and entered into by and between LEAWOOD LAKES HOMEOWNERS ASSOCIATION,INC.,
a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose post
office address is 3701 Tamiami Trail North, Third Floor, Naples, Florida 34103, 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 3301 Tomiami Trail East,Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive utility easement for utility and maintenance facilities purposes and access
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 desires to convey the Property to County for the stated
purposes as provided for in Florida Statutes 704.06, 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 a 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, Flor da. Owner shall provide such
instruments, properly executed,to County on or before the date of Closing.
3. 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.
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, to Owner's knowledge, that the Property and all uses of
the Property have been and presently are in compliance with all Federal, State and
Local environmental laws; to Owner's knowledge, that no hazardous substances have
been generated, stored, treated or transferred on the Property except as specifically
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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. 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 shall be borne and paid by County. 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.
IN WITNESS WHEREOF, the parties have caused these presents to be executed as
of the dates set forth below.
ACCEPTED by BCC pursuant to Resolution 2010-39.
AS TO COUNTY:
DATED: RP 1 t a
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk COLLIER COUNTY, FLORIDA
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BY:
A' t,St OS tO lerk FRED W.COYLE,Chairma
ttgnature 311•
Approved as to form&te•. :• ici
sslst-nt Count •rr.
AS TO OWNER:
DATED: 44)%
WITNESSES:
Wi ss Si.naure
Name:_ 1 . 1 ,L A
(•rint)
LEAWOOD LAKES HOMEOWNERS
lill■ ASSOCIATION, INC.,a Florida not-for-profit
corporation
Witness (S' nature
Name:__—___ ` ,
(Print) 4,_- , i
Print:/4 grar.1 _
Title: .Title: f les, e' f) 7—
4110011.4 it to form & legal Sut t y
As elstt,nt County Attorney
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