Naples Botanical Gardens Donation Agreement PROJECT: Thomasson Drive Streetscape Project
PARCEL: 61836600008 (parent tract)
ADDRESS: 4820 Bayshore Drive
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between NAPLES BOTANICAL GARDEN, INC., f/k/a The Botanical
Garden, Inc., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose
mailing address is 4820 Bayshore Dr., Suite D, Naples, FL 34112 and the COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "County"), whose
mailing address is 3570 Bayshore Drive, Unit 102, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive Easement for the purpose of installing and maintaining landscape and streetscape
improvements 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 an easement on and over 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 an
easement on and over 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 easement on and over 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 grant an Easement over the Property to County at no cost to the
County, unless otherwise stated herein.
2. Prior to Closing, County will inform Owner of encumbrances, and 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. To the best of my knowledge and belief, 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
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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 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 costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and
paid by County. The cost of a title commitment shall be paid by County.
7. 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.
8. 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.
9. 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.)
10. This Agreement is governed and construed in accordance with the laws of the State
of Florida
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC: /'T6f.Uaf f 23, 20/0 -3A6v, I� �
AS TO COUNTY:
DATED: tat ' [ 3V \
ATTEST:
DWIGHT E. BROCK, Clerk. COLLIER COUNTY COMMUNITY
REDEV NT AGENCY
, t �s.
-
-"Fir .puty Cler
Attest as.to 4 11. 's By: _
signature only., .-lyTyjr Chair gar
AS TO OWNER:
NAPLES BOTANICAL GARDEN, INC.,
a Florida not-for-profit corporation
ITNESSES
By:
fitness (Signature)
Print: L&I ✓i oks
Name: ikon(A,50<1
(Print)
Its: YrelraV -"4414&CO- geek-
Witness (Signature)
Name:_Sebum rm
(Print)
Approved as to form and legality:
%D...A
Jennifer A. Belpedio As }: nt County Attorney
CSt
3
O.R. 4558, PAGE 868F / A
PART # 618365200075 & 59 EXHIBIT
PART OF LOTS 58 & 59 O.R. 3955, PAGE 3441
NAPLES GROVE AND TRUCK COMPANY'S
LITTLE FARMS, NO. 2 / � I I of !J FOLIO # 61840560008
S5PLAT BOOK 1, PAGE 27A LOT 103, NAPLES GROVES AND TRUCK
COMPANY'S LITTLE FARMS NO. 2
P.B. 1, PG. 27A
POC DESC.
NE CORNER OF
0 10 20 40 THE NW 1/4 OF
1 1 THE NE 1/4 OF
1"=40'
THOMASSON DRIVE SECTION 23
100' RIGHT-OF-WAY o
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oz
LO E2
S89°46'29"W 25.00' 11.100
in
POB DESC. ND o
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N89°46'29"E 34.28' I o.¢m., I
_ _I0 I
3
�I AL=32.67' `�? I I
T R=28.00' 0 EAST LINE OF THE —
�NW 1/4 OF THE
SOUTH RIGHT-OF-WAY A=66°50'45" w NE 1 4 OF
;, THOMASSON DRIVE /
CB=N43°33'21"W n SECTION 23
N CH=30.85' N
O.R. 446, PAGE 655
o b FOLIO # 52600120008
N09°27'18"W 16.24' O I LOT 3, JONESVILLE
(i) W I I P.B. 4, PG. 41
N44°55'19"W 15.53' W a
0
�IaTI I
I O.R. 2667, PAGE 70 0 O u-
FOLIO # 61836600008 W oI
um, PART OF LOTS 60, 61, 62 & 63 CC I r 1-1
I
Q. NAPLES GROVE AND TRUCK COMPANY'S 0g
LITTLE FARMS, NUMBER 2 I Y=
8o
PLAT BOOK 1, PAGE 27A (A `-„
o Q
c
0° I
LEGEND WEST RIGHT-OF-WAY/
E AL = ARC LENGTH BAYSHORE DRIVE
CH = CHORD LENGTH I I
o CB = CHORD BEARING I
DESC. = DESCRIPTION
OR = OFFICIAL RECORDS BOOK I I
N PG = PAGE
ca POC = POINT OF COMMENCEMENT
FOB = POINT OF BEGINNING I I
R = RADIUS
`K A = DELTA ANGLE I I
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N NOTES:
8 1. THIS SKETCH IS NOT A SURVEY.
2. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF
• THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
• SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST TO BEAR
a S00°42'35"E. TIMOTHY J. DEVRIES DATE
3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO PROFESSIONAL SURVEYOR AND MAPPER
ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT FLORIDA CERTIFICATE NO. LS 6758
N PARCEL. NOT VALID WITHOUT THE SIGNATURE AND THE
K ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
3 REVISED 5/17/17 CORRECTED DESCRIPTION. SURVEYOR AND MAPPER.
PART OF LOT 60 6610 Willow Park Dr.,Suite 200
Phone
NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS,NO.2 Naples,Florida(239)597-0575 34109
PLAT BOOK 1,PAGE 27A Fax:(239)597-0578
SECTION 23,TOWNSHIP 50 SOUTH,RANGE 25 E LB No.:6952
COLLIER COUNTY,FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET
130028.00.00 1 23 50 S 25 E 1"=40' 2/2/17 CLS 01-TB_RW SD 1 OF 2
EXHIBIT A
page 2 Of 2
DESCRIPTION
A PARCEL OR TRACT OF LAND LYING IN LOT 60, NAPLES GROVE AND
TRUCK CO. LITTLE FARMS NO. 2 AS RECORDED IN PLAT BOOK 1, PAGE
27A, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
3 PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH,
t RANGE 25 EAST THENCE S.00°42'35"E., ON THE EAST LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23
A FOR 50.00 FEET;
THENCE S.89°46'29"W., DEPARTING SAID EAST LINE FOR 25.00 FEET TO
THE INTERSECTION OF THE SOUTH RIGHT—OF—WAY LINE OF THOMASSON
DRIVE AND THE WEST RIGHT—OF—WAY OF BAYSHORE DRIVE AND THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE S.00°42'35"E. ON SAID WEST RIGHT—OF—WAY FOR 49.51 FEET;
THENCE N.44°55'19"W. DEPARTING SAID WEST RIGHT—OF—WAY FOR 15.53
FEET;
THENCE N.09°27'18"W., FOR 16.24 FEET TO A POINT ON A CURVE;
THENCE NORTHWESTERLY 32.67 FEET ALONG THE ARC OF A
NON—TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 28.00 FEET
THROUGH A CENTRAL ANGLE OF 66°50'45" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.43°33'21"W. FOR 30.85 FEET TO AN INTERSECTION
WITH SAID SOUTH RIGH—OF—WAY LINE
THENCE N.89'46'29"E. ON SAID SOUTH RIGHT—OF—WAY LINE FOR 34.28
FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 690 SQUARE FEET OR 0.02 ACRES, MORE OR LESS.
BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE EAST LINE OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 25 EAST TO BEAR SOO°42'35"E
0
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PART OF LOT 60 6610 Willow Park Dr.,Suite 200
NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS,NO.2 Naples,Florida 34109
PLAT BOOK 1,PAGE 27A Phone(239)597 0575
SECTION 23,TOWNSHIP 50 SOUTH,RANGE 25 E Fax: 2578
LBB No.:
6952
COLLIER COUNTY,FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP I RANGE SCALE DATE DRAWN DY FILE NAME SHEET
130028.00.00 1 23 50 S 25 E N/A 2/2/17 CLS 01—TB_RW SD 2 OF 2