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Imperial Golf Course Donation Agreement PROJECTImperial Golf Course Boulevard Water Main Replacement TAX ID*: 00154200002 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 the GREATER IMPERIAL BOARD, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing address is 9150 Galleria Court, Suite 201, Naples, FL 34109, 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 "District"), whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, District has requested that Owner convey to the District a perpetual, non-exclusive Utility Easement for the purpose of access, installation, and maintenance of a utility 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 desires to grant the requested Utility Easement_to District 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 District 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 District; and WHEREAS, Owner shall execute a separate Utility Easement agreement as set forth below. 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 District at no cost to the District, unless otherwise stated herein. 2. Said conveyance of the Utility Easement is referred to as the "Closing." Prior to Closing, Owner shall cooperate with District, should District elect to 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. 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 District executes this Agreement; provided; however, that District 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 District's use of the Utility Easement. 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. To best of knowledge, Owner makes no representations, warranties or covenants that the Property and all uses of the Property have been and are presently are in compliance with all Federal, State and Local environmental laws; or that no hazardous substances have been generated, stored, treated or transferred on the Property. except as specifically disclosed to the District; 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 District, 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 District 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 and all other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, if applicable„ District 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). The cost of a title commitment shall be paid by District. 7. Any damage to Imperial Golf Course Boulevard or improvements thereon as a result of the Utility Easement and related access thereto or the construction, maintenance, repairs or replacement located within the easement area shall be promptly restored by District to the condition in which existed prior to the damage, at District's sole cost and expense. 8. Subject to the limitations set forth in Section 768.28, Florida Statutes as it may be revised, amended or renumbered from time to time, District shall indemnify and hold harmless Owner for any claims for money damages, or attorney's fees, if applicable, in tort for any injury to or loss of property, personal injury, or death caused by the negligent or wrongful acts or omissions by District, or of any official or employee of the District while acting within the scope of the official's or employee's office or employment, in its use of the easement area and access thereto. District shall require any contractor or agent of District entering the easement area or Owner's property to maintain insurance coverage in the form of a commercial general liability policy of insurance (occurrence form), insuring against all liability with respect to the easement, and access thereto, with a minimum per occurrence coverage limit and minimum general aggregate coverage of at least One Million and 00/100 Dollars ($1,000,000.00), including bodily injury and property damage. Such policy shall require that the insurer endeavor to provide not less than thirty (30) days advance written notice be provided to Owner in the event of cancellation or non-renewal. Evidence of said insurance shall be provided to Owner prior to District or its contractor or agent entering the easement area. 9. Prior to commencement of construction and/or activities authorized herein and in the Utility Easement agreement, the District shall obtain all permits, approvals and modifications, including but not limited to U.S. Army Corps. of Engineer and Water Management District, as well as any P.U.D. amendment and any other governmental approvals or permitting, if required, at District's sole cost and expense. 10. If County has confirmed that it will not need to install the pipe in the middle of the road, thereby avoiding digging up the road, the following provision must be added: "The District shall not disturb or dig up or excavate the asphalt portion of Imperial Golf Course Boulevard with respect to the installation of the utility facilities." 11. If the County will need to dig up or excavate the pavement of Imperial Golf Course Boulevard, the following provision must be added: "The installation of utilities will require the cutting and repaving of Imperial Golf Course Boulevard within the easement area and adjacent area thereto. Within fifteen (1 a) days from the date District excavates, cuts or removes the pavement of Imperial Golf Course Boulevard, District shall repair and repave any property damaged, including but not limited to Imperial Golf Course Boulevard, at Districts sole cost and expense." 12. District shall not do anything which unreasonably interferes with the lawful, reasonable use and access by Owner, its members, guests and invitees of Imperial Golf Course Boulevard. District shall not do anything which unreasonably interferes with the lawful reasonable use and access by any other party with an interest in the subject Property. 13. Owner makes no representation, warranty or covenant that the proposed Utility Easement area is part of Owner's property or owned by Owner due to discrepancies or errors in the legal descriptions of the plats abutting Imperial Golf Course Boulevard. 14. 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. c 15. 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, other than as set forth in the Utility Easement agreement to be executed by the parties. 16. 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. 3\ J. 0 gAIALLIL 2.0)C - 31 DATE ACQUISITION APPROVED BY BCC: ,9-1 3 i ° AS TO DISTRICT: DATED: 61 is.1 4011 ATTEST: BOARD OF COUNTY COMMISSI9NERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA; AS THE GOVERNING BODY OF: COLLIER COUNTY AND AS EX-OPFICIO THE GOVE-NI BOARD OF THE COLLIER COU T ER-SEWER DISTRICT . , . ,. • . _ . . - 11/)/1 -.. DB eDUty Clerk PENN YLOR, CO an ., AJ,l-tr,st IS to Chaitman :,34:qi.e.only. Approved as to form and legality: c- ...._., 10, ,\ Jennif .Belpedio,Ass %County Attorneyq, <-). AS TO OVVNER: DATED: J - 93 -17 WITNESSES: r , eitg,„U() -/--,- 1 ( .‘---- GREATER IMPERIAL BOARD, INC., c•,p• •=c Witness#1 (Signature) a Florida not-for-profit corporation , ,,ffet- Lliiy't Witness#1(Print Name) (( IA R[ ..;.-_-.-_-e—0 4 4_...41.- ., - ,:jil. , -4,) OA, Tom Harruff, a/k/a Thomas R. Harruff, President as#2(Signature) o_fitaeli`il(._ --r-1-1:CA Witness#2(Print Name) 0 Xt-tiBil_h._ .„... , / 0,,..„. ....._ ABBEY ON THE LAKE I,A COM)OLVISUM oR 1580 PG 1751 (12., ra WESTGATE AT IMPERIAL A CONDOMINIUM i.. POS OSC. vial **A— OK 1924.. Pc 054 l'A, Svi CORT4ER OE 6.01E/0654- ,43-411. NENE3i-3$1 51.95'-..1 CPS 40, P6 1 4 IA ABBEY BA 4tt Louct c..146St CONDOmoeum OR 1506, PG 1153 IMPERIAL GOLF COLAISE BOULEVARD ' ARCEL NO. 00354200002 ...-- OR 35/3, PG '547 -'' ' -*?A42, GIP',,,a.,* te*-4,-,Ii;,',•••-m- c)rs t ig, , ------ - '.. ______- -- 0* N N i4440 2227 . ' , 4 ,47 LOT 80 PARK PLACE WEST R 1 PLAT BOOR 17, PAGE 32 ., / a.*S ..... / MANORS AT REGAL LAKE , ''' / PA 1 9G00 25, P.44t 74 / MANORS AT REGAL LAKE A CONDOMINIUM I I .,/" OR 2124. PG 2072 / 1.- LEGEND C = CHORD LENGTH CS = CHORD BEARING DESC. = DESCRIPTION INST = INSTRUMENT NUMBER —1 ARC LENGTH ) I. 50 , 4, IOR = OFFICIAL RECORDS BOOK I I I I PG = PAGE I POB. = POINT OF BEGINNING 1 * " 50' 3 I POC, -, POINT OF COMMENCEMENT = RADIUS 71. A = DELTA ANGLE 1 Li . 8 q'Ao J.- be ! N, .. •‘W... w ar . le , ' 0 7 0. ..A. ''' 8 g 7.:. • NOTES: ii s I 1. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, FLORIDA ZONE EAST, NORTH AMERICAN DATUM - Z* OF 83 (2011 ADJUSTMENT) WHERE IN THE WE ST UNE OF TIMOTHY J. 0 ABBEY ON THE LANE 1 BEARS S20.04*16"E. PROFESSIONAL S — 2, THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO FLORIDA GERTIFICA% ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT NOT VALID WITHOUT 'I': . SUNIA/ME„AND THE PARCEL ORIGINAL RAISED SEAL efPtiittELDRIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY . PARCEL IN SECTION 15,TOWNSHIP 48 SOUTH,RANGE 25 EAST W 6610N9090wapies,RraloriEk OR.ST.04100.200 Phone(239)597.0575 Pax:(239)597-057$ COLLIER COUNTY, FLORIDA LS No,:6052 ENGINEERING .CB tiume:ER (41TTosol SC"0. 7P RANCE SCALE 0A DRAWN SY V'LE NAME SHEr 13006100.08 15 48 25 1wt.50' 08/24/16 T4D 13000<0048 SI) I Of 2 N 1 Ej 1-7-2.16" _ r'717,c_ of DESCRIPTION A PARCEL OR TRACT OF LAND LYING IN SECTION 15, TOWNS,-IP 48 SOUTH, RANGE 25 EAST, COLLIER COuNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT THE SOUTHWEST CORNER OF ABBEY ON THE LAKE 1, A CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 1588, PAGE 1751, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA THENCE EASTERLY ON THE SOUTH SIDE OF SAID CONDOMINIUM FOR 147.08 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 430,00 FEET THROUGH A CENTRAL ANGLE OF 19'3554 AND BEING SUBTENDED BY A CHORD WHICH BEARS N 7943'41"E FOR 146.37 FEET, THENCE N.89'31'38"E., ON THE SOUTH LINE OF SAID CONDOMINIUM FOR 51,95 FEET TO AN INTERSECTION WITH THE NORTH SIDE OF A 60 FOOT WIDE RIGHT-OF--wAY AND UTILITY EASEMENT AS RECORDED IN OFFICIAL A RECORDS BOOK 808, PAGE 1903, SAO PUBLIC RECORDS; THENCE WESTERLY ON THE NORTH SIDE OF SAID RIGHT-OF-wAY AND UTILITY EASEMENT FOR 375.43 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 630.00 FEET THROUGH A CENTRAL ANGLE OF 3408'38" AND BEING SUBTENDED BY A CHORD WHICH BEARS 5.70"40.32vv, FOR 369.90 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF WESTGATE CONDOMINIUM AT IMPERIAL AS RECORDED IN OFFICIAL RECORDS BOOK 1924, PAGE 854, SAID PUBLIC RECORDS; THENCE N.48'40•11TE , ON SAID SOUTH LINE FOR 22.27 FEET TO A POINT ON A CURVE. THENCE NORTHEASTERLY 15960 FEEALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 430.00 FEET THROUGH A CENTRAL ANGL.E OF 21'15'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.59'14'11E. FOR 155.69 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: CONTAINING 2,555 SQUARE FEET OR 0,07 ACRES, MORE OR LESS. k BEARINGS MENTIONED HEREINABOVE ARE BASED ON STATE PLANE COORDINATES, FLORIDA ZONE EAST, NORTH AMERICAN DATUM OF 83 (2011 'ADJUSTMENT) WHERE IN THE WEST LINE OF ABBEY ON THE LAKE 1 BEARS S20'04'16E. 2 • A 6610 Waley Park Or.,Suite 200 PARCEL IN Naples,Honda 31109 SECTION 15,TOWNSHIP 48 SOUTH,RANGE 25 EAST Phone(239)597-9525 Far(239)507-Ck576 COLLIER COUNTY, FLORIDA LB No.:6952 ENGINEERING Jnb r,ft;merP REOCiON Sr 11ON MANSNEP PeNGF DAT[ DRAWN Et'i• C.i.f." NAME 130063.00.08 15 48 25 08 24 18 TJD 30063,00,08 5MB.