JL South Properties Donation Agreement PROJECT:HAYNES CORPORATION SEWER EASEMENT
FOLIO:00276120002
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between JL SOUTH PROPERTIES LLC, a Florida
limited liability company, (hereinafter referred to as "Owner"), whose mailing address
3581 Mercantile Avenue, Naples, FL 34104-3309, 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 post office address is 3339 Tamiami Trail East, Suite 303, Naples, Florida
34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive easement for the purpose of access, installation, and maintenance of
utility facilities and other utility appurtenances, 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 a Utility Easement to County at no cost
to the County, unless otherwise stated herein. Upon recordation of the Utility Easement,
a portion of the easement recorded in OR Book 1713 Page 2359, as shown in Exhibit
"B" shall automatically be terminated.
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.
3. 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
1
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 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. 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.
7. 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.
8. 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.
9. 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.
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10. 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.)
11. 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: 43,02o/0
AS TO COUNTY: qq .�- �
0,L,t1 cYL ° ° l� g ytz�ttaraa,
DATED: `(13012.0 1.5 ,,�s'�„, ∎J;_ , •
•
ATTEST: BOARD OF COUNTY COMMISSIONERS'
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA,:AS=;
THE GOVERNING BODY OF COWER
COUNTY AND AS EX-OFFICIO-THE
! ' GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
15:04AAi-A :►r . BY I
�6` :J'+ clerk TIM NANCE, Chairman
oigtlt 114`2 DI;,
Approved afio dtrii and legality:
Jennifer A.Trelpedio. Assi-ta County Attorney i;
AS TO OWNER:
WITNES ES:
- G UTH PROPERTIES LLC, a Florida
(Signature) limit-d liability company
1 \61jC"-S S
(Printed Name) -
(Signature) Dixo anager
(Printed Name)
3
EXHIBIT
NMI page_l____HOLE MONTES
ENGtMEERS -P1A Ei25•SURV YOBS
950 Encore Way•Naples,Florida 34110•Phone 239.254.2000•Fax:239.254.2099
HM PROJECT#2012.015
1/26/2015
• REF. DWG.#8-7026
Page 1 of 1
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF PARCEL 9, BLOCK"A", NAPLES INDUSTRIAL
PARK, LTD, UNIT NO. 1, AN UNRECORDED PLAT ALSO BEING LOCATED IN A PORTION OF
SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTH QUARTER CORNER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN 5.00°05'36"E FOR A DISTANCE OF 628.55
FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 2005.80 FEET OF THE NORTHWEST 1/4 OF
SAID SECTION 36; THENCE RUN S.89°21'02"W., ALONG THE SAID NORTH LINE FOR A DISTANCE
OF 989.97 FEET; THENCE RUN N.00°38'58"W., FOR A DISTANCE OF 30.00 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF MERCANTILE AVENUE, A 60 FOOT WIDE PUBLIC RIGHT-OF-
WAY, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN S.89°21'02"W., ALONG THE NORTH RIGHT-OF-WAY LINE OF
MERCANTILE AVENUE FOR A DISTANCE OF 40.00 FEET; THENCE RUN N.00°38'58"W., FOR A
DISTANCE OF 40.00 FEET; THENCE RUN N.89°21'02"E FOR A DISTANCE OF 40.00 FEET; THENCE
RUN S.00°38'58"E., FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING: CONTAINING
1600 SQUARE FEET, MORE OR LESS.
BEARINGS REFER TO THE NORTH RIGHT-OF-WAY LINE OF MERCANTILE AVENUE, COLLIER
COUNTY, FLORIDA AS BEING S.89°21'02"W.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772
BY rl .AA,' P.S.M. #5628
THOMAS M. MURPHY STATE OF FLORIDA
H:\2012\20;?015\WP\SU\LEGALS\3-7026.docx
Naples•Fort Myers
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PARCEL 9
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SEC-TWN-RGE: 950 Encore Way PROJECT NO.
36-49-25 Naples, FL. 34110 SKETCH TO ACCOMPANY
DRAWN MY; DATE 10 14 Phone: (239) 254-2000 1 .015
CHECKED BY DRAWING NO HOLE MONIES Florida Certificate of A LEGAL D .SCRIPTION REFERENCE NO.
E)OOEERS IMPERJJ SURVEYORS Authorization N1772
TMM 8-7026 ! zaon o. SOB19
EXHIBIT AB4
14M1 Page.._of ...
HOLE MONTES
ENGINEERS PLANNERS SURVEYORS
950 Encore Way•Naples, Florida 34110•Phone 239.254.2000•Fax:239.254.2099
HM PROJECT#2014074
6/5/2015
REF. DWG.#B-7162
Page 1 of 1
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 36, TOWNSHIP 49 SOUTH,
RANGE 25 EAST COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE
25 EAST COLLIER COUNTY, FLORIDA; THENCE RUN S.00°05'36"E., FOR A DISTANCE OF
228.55 FEET; THENCE RUN S.89°21'02"W., FORA DISTANCE OF 1211.45 FEET; THENCE
RUN S.00°38'58"E., FOR A DISTANCE OF 59.31 FEET TO THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S00°38'58"E FOR A
DISTANCE OF 340.69 FEET; THENCE RUN S89°21'02"W FORA DISTANCE OF 10.00 FEET;
THENCE RUN N00°38'58"VV FOR A DISTANCE OF 200.00 FEET; THENCE RUN
S89°21'02'W FOR A DISTANCE OF 10.00 FEET; THENCE RUN N00°38'58"W FOR A
DISTANCE OF 140.69 FEET; THENCE RUN N89°21'02"E FOR A DISTANCE OF 20.00 FEET,
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 4814
SQUARE FEET, MORE OR LESS.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772
BY P.S.M. #6278
{JHI`4 J. HIL'ON STATE OF FLORIDA
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O.R. 1713, PG. 2359
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SEC-TWN-RGE: 950 Encore Way PROJECT NO
36-49-25 Naples, FL. 34110
DRAWN BY: DATE SKETCH TO ACCOMPANY 14.074
BEN 6/15 HOLE MONTES Phone: (239) 254-2000
CHECKED BY: DRAWNG NO. ENGINEERS PLANNERS SLRVEYORS Florida Certificate of A LEGAL DESCRIPTION REFERENCE NO.
JJH B-7162 Authorization No.1772 VACEAS