710 9th Street N -M & T Enterprises, Inc. Donation Agreement PROJECT: CAT ADA EASEMENT
PARCEL: 11180040005
ADDRESS: 710 9'"Street N.
BUS STOP#: 12
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between M & T Enterprises, Inc., a Florida corporation (hereinafter
referred to as"Owner"),whose mailing address is 10473 St.Tropez Place,Tampa, FL 33615
and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to
as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida
34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of constructing, operating, maintaining repairing and
replacing paving and facilities associated with a bus stop and shelter over, under, upon and
across the lands described in Exhibit"A" 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.
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
1
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: Lo\25��10
AS TOt4Y
bUt(f'
DATED: 1 ) -rJ)1),C<
ATTEST BOARD O' OU COMMISSIONERS
DWIGHT E BRLoCK,ClerkCOLLIE/
OLLIE' %O1 TY,FLORIDA
_ B //
Attest a$4 0 . al Cler __) i,174,1„,,/, Cha .'n
signature only. I
AS TO OWNER:
M&T Enterprises
WI ESS : a Florid orporation
VVi a-_- igna r 41"
Name: V tk a M k r 0044_. Printl\(J i L'i t-t-L.1 (i t t-17)04,0 fl1
(Print)
Its: 1t,�a `—
-
Witness(Signature) 0
Name: 1 fr i ' Ue(e
(Print)
Approved as to form and legality:
n
Jennifer A.Belpedio
Assistant County Attorney C.>\\
3
POC DESC.
N NW CORNER OF LOT f
0. BLOCK A EXHIBIT A
'' LAKE PARK
LI,
PLAT BOOK 3. PAGE 35
C m Pagel__of____L__
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_j WEST UNE OF BLOCK A
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LOTS 1 & 2
BLOCK A
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N80'24"11"E 2.00' PLAT BOOK 3, PAGE 35
_ PARCEL NO. 11180040005
Q OR 966, PG 1680
ZSITE OF BUS STOP
IMPROVEMENTS
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DESCRIPTION 0 1.25 2.5 J5
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' A PARCEL OF TRACT OF LAND LYING SECTION 34, TOWNSHIP
49SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
3, PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF BLOCK A OF THE
PLAT OF LAKE PARK AS RECORDED IN PLAT BOOK 3, PAGE 35, LEGEND
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THENCE C = CHORD LENGTH
N S.09'36'55"E., ON THE WEST LINE OF SAID BLOCK A FOR 51.32 CB = CHORD BEARING
',j-E,
FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED DESC. = DESCRIPTION
-06 PARCEL; INST. = INSTRUMENT NUMBER
THENCE N.80'24'1 1"E., DEPARTING SAID WEST LINE FOR 2.00 FEET; L = ARC LENGTH
OR = OFFICIAL RECORDS BOOK
E THENCE S.09°36'55"E., FOR 5.00 FEET; PG = PAGE
E THENCE S.80'24'1 1"W., FOR 2.00 FEET TO AN INTERSECTION WITH POB. = POINT OF BEGINNING
POC. = POINT OF COMMENCEMENT
SAID WEST LINE; R = RADIUS
ti
3 THENCE N.09'36'55"W. ON SAID WEST LINE FOR 5.00 FEET TO THE 6, = DELTA ANGLE
POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
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s CONTAINING 10 SQUARE FEET, MORE OR LESS.
8
BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE WEST LINE
8 OF SAID BLOCK A TO BEAR S.09'36'55"E.
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TIMOTHY J. DEVRIES DATE
NOTES: PROFESSIONAL SURVEYOR AND MAPPER
r 1. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO FLORIDA CERTIFICATE NO. LS 6758
R'; ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT NOT VALID WITHOUT THE SIGNATURE AND THE
PARCEL. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
COLLIER AREA TRANSIT 6610 Willow Park Dr.,Suite 200
BUS STOP EASEMENT(ID 12) Naples,Florida 34109
LYING IN Iiikli Phone
Fax:(239)9957 05785
SECTION 34,TOWNSHIP 49 SOUTH, RANGE 25 EAST LB No.:6952
COLLIER,COUNTY,FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
150038.00.01 0 34 _ 49 25 _ 1"=5' 06/17/16 TJD 150038.00.01 SD 1 OF 1