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Donation Agreement - Tax ID #81076000040 & #8107600105 Wal-Mart Artesa Point- Murphy USA Wal-Mart Stores East, LP Tax ID#81076000040 & 81076000105 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 WAL-MART STORES EAST, LP, a Delaware limited partnership, (hereinafter referred to as "Owner"), whose mailing address 702 SW 8th Street. Bentonville. AR 72716, 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, its successors and assigns. (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101. Naples, Florida 34112-5356. 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. 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. 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 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: Oi l AS TO COUNTY: DATED: 1\1� 1.,0 1'1 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.,BROCK, Clerk i-'" - COLLIER COUNTY, FLORIDA, AS THE i � GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD - OF THE COLLIER COUNTY WATER-SEWER DISTRICT /�( //// t est ag ta'Cbairman,HI}e.ut; • -rk PENNY TAYLO, Chaifiman lS, bed as to form and/legality: Jennifer Belpedio, As ' n County Attorney AS TO OWNER: WAL-MART STORES EAST, LP, a Witness(Signature) f 1 Delaware limited partnership Name: N,`C )06.1 1-)eivy (Print) BY: WSE MANAGEMENT, LLC, a Delaware limited liability company, as General Partner BY: Witness(Signature) �la M fry 14 t sol � � Print Name: Name: (N (Pant) Print Title: 3 1 . -- M d,t Z POC DESC. / NORTHWEST CORNER LOT 4 /7- P B 49. PG. 14 (BEARING BASIS) 589'58'30"E 144,95' -?JORTH UNE OF LOT 4 — -j — — — I0 PARCEL 00725841007 -, a, O.R 4167, PG 805 ! L5 2.5' 00 I �B DF_SC• -.15' COUNTY UTILITY LOT 4 QW,L-MART AT ARTESA P.B. 49NTPG. 14 144 PO�NTF PUb 15' OR. 4251, PG 872 0 P.B. 49. PG. 14 U U _, LOT i WAL-MART AT ARTESA I POINTE PUD ' WAL-MART ALOT T ARTFSA 1• P.B. 49, PG. 14 POINTF PUD F.B. 49, PG. 14 i UNE TABLE aLEGEND LINE BEARING LENGTH H L3 DESC. = DESCRIPTION $ O.R. - OFFICIAL RECORDS 800K LI S00.03'30'W 17.50' INST. = PAGE L2 SOO'00'33'E 109.15' •o P.B. = PLAT BOOK PG. = PAGE L3 S89'59'27'W 15 00' 8 P08. = POINT OF BEGINNING * POC. = POINT OF COMMENCEMENT L4 N00 00'33'W 109.1 T t 1.5 S89'56'30"E 15.00' 0 12.5 25 SO x� I t-=50' E e W DESCRIPTION , S A TRACT OR PARCEL OF LAND LYING IN LOT 1 AND LOT 4, WAL MART OF ARTESA POINTE PUD AS 8 RECORDED IN PLAT BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING i„ MORE PARTICULARLY DESCRIBED AS FOLLOWS: k COMMENCING AT THE NORTHWEST CORNER OF LOT 4, WAL-MART AT ARTESA POINTE PUD, AS RECORDED iN PLAT BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE S.89'56'30"E., a ALONG THE NORTH LINE SAID OF LOT 4 FOR 144.95: € THENCE S.00'03'3C"W., DEPARTING SAID NORTH LINE FOR 17.50 FEET TO AN INTERSECTION WITH THE SOUTH i LINE OF A COUNTY UTILITY EASEMENT AS SHOWN ON SAID PLAT AND RECORDED IN OFFICIAL RECORDS BOOK 4251, PAGE 872, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; s THENCE S.89'56'3C"E. ALONG SAID SOUTH LINE FOR 15.00 FLET; THENCE S.0O'03'33"W. DEPARTING SAID SOUTH LINE, FOR 109.15 FEET TO AN INTERSECTION WITH THE ri EASTERLY PROLONGATION OF A JOG IN THE EAST LINE OF LOT 3 OF SAID PLAT; THENCE N.89'59'27"W., ALONG SAD PROLONGATION AND JOG IN SAID EAST LINE FOR 15.00 FEE": THENCE N.00'03'33"E., DEPARTING SAID EAST LINE FOR 109.16 FEET TO THE POINT OF BEGINNING OF THE 2 PARCEL DESCRIBED HEREIN; CONTAINING 1,637 SQUARE FEET OR C.04 ACRES, MORE OR LESS BEARINGS MENTIONED HEREINABCVE ARE BASED ON 1HE NOR1H LINE OF SAID LOT 4, WHICH BEARS S.89'56'30"E ________4- ---0. 2_ 77i0o, • NOTES: TIMTHY J. D v :S D':, E " 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 4, PROFESSIONAL SUFYJEYOR AND MAPPE., • WHICH BEARS S.89'56'30"E. FLORIDA CERT ICATE NG .:, 6758 • 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR NOT VALID WI"HO•JT 'Hr "^':ht„`RE AND THE DEVE_OPMENT RESTRICTIONS ON THE SUBJECT PARCEL. ORIGINAL RAISED SErt. ^F 4 FL'URIDA LICENSED SURVEYOR AND MAPPER T-iIS IS NUT A SURVEY SKETCH AND DESCRIPTION 6610 W18ow Park Dr.•Suite 200 COUNTY UTIUTY EASEMENT Naples,Florida 34109 LYING IN LOT 1 AND 4,WAL-MART AT ARTESA POINTE PUD Phone(239)597-0575 PLAT BOOK 49,PG 14 Fax:(239)597.0578 SECTION 3,TOWNSHIP 52 SOUTH,RANGE 26 EAST21ALI LB No.:6952 COLLIER COUNTY,FLORIDA ENGINEERING '-`p 'JUMPER RE's Ci1J �N 'A., - . Gf',-I _ .'P1 'ILMF SMFF T 130063.00.17 _ 3 51S 26E _ 1-=50' _ 7113/16 _ JMP 001 SD2 1 ';I 1 - ii t( 2- ROC ,— NORTH LINE OF THE PLAT Of WAL-MART AT NORTHWEST CORNER LOT 4 �f ARTESA POINTE PUO PB 49. PG. 14 (BEAR NG BASIS) _ _ __ _ _ _ _ _ — S89'S6'30'E 626.58' / 1 i_, - - - — _ - -- - - - - - 1 L2 2.5. — L-15' COJNTY UTILITY EASEMENT 15. P.B. 49, PG. 14 OR 425', PG. 872 J ? .2.S-25 50 11�=50r LOT I WAL-MART A' ARTESA PCINTE PUD L4 P.B. 49, PG. 14 LEGEND g DESC. = DESCRIPTION 0. OFFICIAL RECORDS BOOK LINE TABLE i INST. PACE o P.8. - PLAT 800K L+NE BEARING i LENGTH PG - PAGE L1 S00'03'30'W 12.50' a P00. . PONT Of BEGINNING 4 POC. - PONT OF COMMENCEMENT L2 589'56'30"E 15.00' e t 13 500'03'30"W 67.08' L4 N89'56'30'W 15.00' 1 L5 NO0'03'30'E 67.08' W S x 8 DESCRIPTION A TRACT OR PARCEL OF LAND ,YING IN LOT 1, WAL-MART OF ARTESA POINTE PUD AS RECORDED IN PLAT 4 BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA AND BEING MORE PARTICULARLY O DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 4 OF SAID PLAT OF WAL-MART A- ARTESA POINT PUO, Z THENCE S.89'56'30"E., ALONG THE NORTH LINE SAID PLAT FOR 626.58; THENCE S.00'03'30-W., DEPARTING SAD NORTH LINE FOR 17 50 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF A COUNTY UTILITY EASEMENT AS SHOWN ON SAID PLAT AND RECORDED IN OFFICIAL RECORDS BOOK WD. 4251, PAGE 872. OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE S 89'56'30-E, ALONG SAID SOUTH LINE FOR 1500 FEET, a THENCE S.00'03'30'W., DEPARTING SAID SOUTH LINE FOR 67.08 FEET; THENCE N.89'56'30'W., FOR 15.00 FEET; A THENCE N 00'03'30"E., FOR 67 08 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: CONTAINING 1,006 SQUARE FEET OR 0.02 ACRES, MORE DR LESS . .•'"o'l J. 01 1 H BEARINGS HEREINABOVE MENTIONED ARE BASED ON 1HE NORTH LINE OF SAID PLAT QF T 6'�'*T- ,A . POINTE PUD BEARS S 89'56'18"E. •• `J• ..r0141 „,/,,, ,.., NOTES: TIM THY J. NAB rte'"I,^' ATC r-..° '. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH UNE OF OF THE PRO ESSOW.. Sli [YaR ANQ,:AAP'EP P AT OF WAL-MART Al ATt1ESA POINTE PUD, i0 BEAR 5.89'56 18"E FLORIDA OERT1.:CATE r.0 ES E75,12 2 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR NOT VALID WITH(J W THE' SICNATuT.0 AND THE DEVELOPMENT RFSTPirrnONS ON THE SUBJECT PARCEL ORIGINAL RASED SEAL Uf A rLORIDA LICENSED SURVEYOR AND MAPPER THIS IS NOTA SURVEY. SKETCH AND DESCRIPTION MI 6610 Willow Park Dr.,Suite 200 COUNTY UTILITY EASEMENT Naples.Florida 34109 LYING IN LOT 1.WAL-MART AT ARTESA POINTE PUD Phone(239)597-0575 PLAT BOOK 49,PG 14 Fax (239)597-0578 SECTION 3,TOWNSHIP 52 SOUTH,RANGE 26 EAST LB No.:6952 COWER COUNTY.FLORIDA ENGINEERING '.,BEP ,"I VSIONSECTION ' u:,=,;;E '4uME 130063.00.17 _ 1 3 _ 51s 26E _ 1"=50' _ 7/13/16 J MP __ 001 SD3 1 1 Memorandum TO: Minutes & Records b-)44}- FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: April 12, 2017 RE: Wal-Mart Artesa Point- Murphy USA -Wal-Mart Stores East, LP Property Identification Numbers: 81076000040 & 81076000105 This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Taylors's signature as Chairman on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Also, please forward the Utility Easement and Utility Facility Warranty Deed and Bill of Sale to the Recording Department for recordation. A recording form is attached. Also, if you receive the original Gap Affidavit, please forward to my attention for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you!