Donation Agreement (Trail Boulevard, LLLP Dated 1/10/2018) PROJECT: Pelican Ridge Water Rehab
PARCEL: 8010 Trail Blvd.
FOLIO: 67390160004
Donation Agreement approved by the 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 TRAIL BOULEVARD, LLLP, a Florida limited liability limited
partnership, (hereinafter referred to as "Owner"), whose mailing is 2600 Golden Gate Parkway,
Naples, FL 34105, 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 the "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
utility easement for the purpose of utilities 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; 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.
NOW, THEREFORE, in consideration of these premises, the sum of Ten ($10.00) Dollars, 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 the date of closing (the "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 Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless the 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.
Page 1 of 3
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
agrees 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 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
and title insurance policy, if required, 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 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
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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 parties have caused these presents to be executed the dates
set forth below.
Approved by BCC pursuant to Resolution 2010-39
AS TO COUNTY: Dated: 1110/i
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING
ATTEST: BODY OF C IER COUN ND AS EX-OFFICIO
Dwight E. Brock, Clerk THE GOV NI BOA-1/7-1 E COLLIER
COUN W ' i -= RICT
•
bliV. OULU/
Attest as to Ch41-04„, 1 0 rOC. By: - ... 'v., /i0,, , , ',- ' s,
` Clerk Andy Solis,Chairman
signature only.
AS TO OWNER: Dated: `kVA r 1
TRAIL BOULEVARD, LLLP, a Florida limited
liability limited partnership
426/:_c,C)Z-n_c.i- 7g-c:on-J,
Witness Signature By: BARRON COLLIER MANAGEMENT, LLC
Marion Pena-Escobar a Florida limited liability company
Print Name:
Its: Authorized Agent
./;
Witness Signature By: ,9 ' i` 4%-
Print Name: Austin Howell Print: ECNA\-€y 4 ;.
Its: eR)
Approved as to form and legality
j_R. _e________Th
Jennifer Belpedio,Assi to t County Attorney� �/
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EXHIBIT A
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DESCRIPTION OF A COUNTY UTIUTY EASEMENT
A COUNTY AMITY EASEMENT OVER,UNDER AND ACROSS ALL THAT PART OF SECTION 34,TOWNSHIP 48 SOUTH.RANGE GENERAL NOTES:
25 EAST.CODER COUNTY FLORIDA.AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENDING AT THE SOUTHWEST CORNER OF LOT 5 BLOCK'A'PINE RIDGE SECONC EXTENSION REPLAT AS RECORDED I. DIMENSIONS ARE N FEET AND DECIMALS THEREOF
N PLAT BOOK 12 PAGE 57 PUBLIC RECORDS OF COWER COUNTY FLORIDA; 2. P.D.B.-PONT OF BEGINNING.
THENCE ALONG SAID SOUTH LAE OF LOT 5 NORTH 89'46'31'EAST A DISTANCE OF 244.89 FEET;
THENCE NORTH 0013'29'WEST A DISTANCE OF 49.70 FEET TO AN INTERSECTION WITH INC WESTERLY WE OF 30 J. P.O.C.-POINT OF COMMENCEMENT.
FOOT ALLEY EASEMENT SAID PINE RIDGE SECOND EXTENSION REPLAT TO THE PONT OF BEGINNING OF THE PARCEL
HEREIN BEING DESCRIBED; 4. R.O.W.-RIGHT-OF-WAY.
THENCE SOUTH 751410'WEST A DISTANCE OF 5.00 FEET TO AN INTERSECTION OF A NON TANGET CURVE TO THE 5. BEARINGS ARE REFERENCED TO THE STATE PLANE COORDINATES ARE NAD 83 EAST ZONE
RIGHT WHOSE RADIUS BEARS NORM 7396'49'EAST A INSTANCE CF 135.50 AND BASED ON THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF BLOCK A
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE CF 712'56'AN ARC LENGTH OF 17.00 FEET; AS BEING S 0019'23'E
THENCE NORTH 7612.26"EAST A DISTANCE OF S.00 FEET TO AN INTERSECTION NTN THE AFORESAID WESTERLY UE
AND THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT WHOSE RADIUS PONT BEARS NORTH 8111'51'EAST A
DISTANCE OF 130.00 FEET;
'THENCE ALONG THE ARC OF SAW CURVE THROUGH A CENTRAL ANGLE CF 0772'46'AN ARC LENGTH OF 16.74 FEET
� TO THE PONT OF BEGINNING OF INC PARCEL HEREIN DESCRIBED.
`... N CONTAINING 64.4 SQUARE FEET OF LAND MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
i__ O ACNOU.BARBER&BRUNDAGE,INC.
— PROFESSIONAL ENGINEERS,PLANNERS&LAND SURVEYORS
W,......\ BY, !/. /9r _____
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/V\ GEORGE W.HACKNEY.P.S.M. NO.5606
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NOT A SURVEY
°r` COLLIER COUNTY GOVERMENT 41R.1
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