PS 304.01 (Mattamy Naples LLC) PROJECT: Basin 306 Duplex PS—PS 304.01
TAX ID NO.: 61836480008
Accepted by BCC pursuant to Resolution 2010-39
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MATTAMY NAPLES LLC, a Delaware limited
liability company, (hereinafter referred to as "Owner"), whose mailing address is 1900
Summit Tower Blvd, Suite 500, Orlando, FL 32810, 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive easement for the purpose of utility and maintenance, 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 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.
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
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.
1
•
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.
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
2
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. /Je,rT7
DATE ACQUISITION APPROVED BY BCC: c�1 %Dl(7 6/ ' i0 Cg J 'ge3I
AS TO COUNTY: N--Pei0dk(± . 2010 -c39
DATED: I e�GP)a i�) LP
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
r�
a. t _ . :i, :i ., BY: 1�y/by lac,
Attest as-to Chaeta
,L uty Clerk DONNA FIALA, Chairman
s MQ*1ER:.
. ,,,b11,5:,-
WITNESSES:
gib11,5.,-WITNESSES:
C_ MATTAMY NAPLES LLC, a
Witness#1 (Signature) Delaware limited liability company
1_51'6, C Ca- 5 BY: MATTAMY FLORIDA LLC, a
Witness#1 (Priv ame) Delaware limited liability company, its
manager
BY: CALBEN ,'0RIDA) CORPORATION,
'rids corps .A •n, its manager
Witness#2(Signature)
Witness#2(Print Name) y James eiferman, P wsident
Approved as to form and legality:
`12
Jenni1C) )\ ‘
. Belpedio, As-' , ounty Attorney \�
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PROJECT: Basin 306 Duplex PS—PS 304.01
TAX ID NO.: 61836480008
Accepted by BCC pursuant to Resolution 2010-39
INSTR 5321358 OR 5322 PG 499
RECORDED 10110!2016 4:33 PM PAGES 3
DWIG ER COUNTY FLORRDAOF THE CIRCUIT COURT
COLL
DOC@.70$0.70 REC$27.00
UTILITY EASEMENT
THIS EASEMENT, made and entered into this ivk4, day of ,
2016, by MATTAMY NAPLES LLC, a Delaware limited liability company, whose
mailing address is 1900 Summit Tower Blvd, Suite 500, Orlando, FL 32810, as Grantor,
to 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,
whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, as
Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument
and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege for
utility purposes, on the following described lands located in Collier County, Florida, to
wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS PROPERTY IS NOT HOMESTEAD.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials including, but not limited
to, sewer lines and pipes, service and pump stations, and other equipment or
improvements appurtenant thereto or thereunder for the purpose of constructing,
operating, and maintaining utility facilities thereon. Grantor and Grantee are used for
r- c CONVEYANCE PAUEPTED BY THE
i�IER COUNTY FLORIDA,
Ur RESO UTION�NO PROVISIONS 3,
singular or plural, as the context requires. The easement granted herein shall constitute
easements running with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
WITNESSES:
C MATTAMY NAPLES LLC, a
Witness#1 (Signature) Delaware limited liability company
1,614, C-- Ce. .149.S BY: MATTAMY FLORIDA LLC, a
Witness#1 (Print Name) Delaware limited liability company, its
manager
BY: CALBEN F fRIDA) CORPORATION,
t"rids corp.ra i i n, it manager
Witness#2 (Signature) r'
Witness#2(Print Name) James Leiferman, Ps ident
STATE OF �(4, 0/.0-
COUNTY OF pr„Noy,
The foregoing Utility Easement was acknowledged before me this 756741,-. day of
4V. l� , 2016 by James Leiferman, as President, on behalf of Calben
(Florida) Corporation, a Florida, corporation, as Manager, on behalf of Mattamy Florida
LLC, a Delaware limited liability company, as Manager, on behalf of Mattamy Naples
LLC, a Delaware limited liability company, who is personally known to me or who has
produced as identification.
WITNESS my hand and official seal this 204k day of` , 2016.
(affix notarial seal) ,( (
`(Signa urffe of Notary Public)/
4ES 71 5 f l Q- C • �-a-�l,C
.misS1M FF 01 19
kt'1, Cos,20, (Print Name of Notary Public)
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Serial/Commission #:(if any)
My Commission Expires:
Approved as to form and legality:
JenrffecA. Belpedio, A8ststant-County Attorney 037 1-
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