Twin Eagles - Donation Agreement NE Service Area Integration-TwinEagles
Tax ID#78542003021, 78542004020& 78542004842
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 TWINEAGLES CLUB, L.L.C., a Delaware
limited liability company, (hereinafter referred to as "Owner"), whose mailing address
3066 Tamiami Trail North, Suite 201, Naples, FL 34103, 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
1
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. i �,
DATE ACQUISITION APPROVED BY BCC:;;t'331 c?i 0 ` ') rl I 1p•eti
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY A * AS EX-OFFICIO THE
GOVERN! .' BO D OF T OLLIER
COUNT l AT. -SEWERS--10
B 1
Attest as to Cha Iftly Clerk Ar..dy S 1 is , Chairman
Apprttdiail4dlf rittfind legality:
Jennife4Belpedio,Assis aTT►►��County Attorney o0\
J
AS TO OWNER: N`1
WITNESSES:
' THE TWINEAGLES CLUB, L.L.C,
Witness#1 (Signature) a Delaware limited liability company
Printed ame of Wtne s#1 BY: TWINEAGLES CLUB MANAGING
V
MEMBER, LLC, a Florida limited liability
r company
s#2(-7n,
igd
O� ►�S Its: Managing Member
P t d Nam�f s#2
BY:
Anthony Solomon, Sole Member
3
ORANGETREE I
UTILITY EASEMENT —._1 \ `)' ��A
(O.R. 3550, PG. 2162) „/-'S89'25'20"E51.61' ``�-� i -
$89'25'20"E 58.93' j„.„.„.„...-
" ` J
SO I'34'40'W 29.79' 7` 400'34'40"E 49.98' 1 y
.11'411111
DESCRIPTION
I A PARCEL OF LAND VINO IN SECTION 17.TOWNSHIP a6 SOUTH, RANGE 27
h �� I EAST.BENG A PART OF TWINEACLES. PHASE TWO,COLLIER COUNTY.
FLORIDA
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 46
15' LANDSCAPE SOUTH. RANGE 27 EAST. RUN N034'40'E ALONG THE EAST LINE OF THE
BUFFER EASEMI NT SOUTHEAST OIAARTCR OF 5AI0 SECTION 17 TOR A DISTANCE OF 214 60
(PEAT BOOK 44, FEET TO THE POINT OF BEGINNING; FROIA SAID POINT OF BEGINNING RUN
N$Y'25'201Y DEPARTING SAD EAST UNE OF SECTION 17 FOR A DISTANCE
PAGE 45) OF 40.00 FEET;THENCE RUN NOO'34'40'E ON A UNE PARALLEL WITH AND
40.00 TTE1 PERPENDICULAR TO THE SAID FAST LINE OF SECTION 17 FOR A
S89'2520'E 58.69' I DISTANCE OF 766.92 FEE!:THENCE DEPARTING SAID PARALLEL UHF RUN
► THE 25'20.61 FOR A WESTERLY UNE or DISTANCE
FOOT3LA03N CAPE BUFF' EASDRKNT AS
ET TO AN DITEPSEC7ON WEIN
447 59 36 W 107.62' I RECORDED IN(PB 44, PG 45);THENCE ALONG SAID LANDSCAPE BUFFER
S58'01'06'V1135.93'— EASEMENT THE FOLLOWING THREE COURSES: 529'13'28'W.8.81 FEET:
S56.01'0616, 35.93 FEET. N47-50'36'*, 107.62 FEET TO AN INTERSECTION
S29.13'28"W 8.81' WITH THE ORANCETREE UTILITY EASEMENT LINE AS RECORDED IN(ORB.
3550. PC. 2162); THENCE ALONG SAID UTNITY EASEMENT UNE THE
N89'25'20'W 39.03 •- FOLLOWING FIVE COURSES: 569'25'201. 36.60 FEET:50034'40'W, 29 79
FEET. 389.25.20'(. 48.93 FEET: NOO.34'401, 44.96 rut 589.25'20'(,
CONSERVATION EASEMENT 51.61 FEET TO AN INTERSECTION 1TIT H A LINE PARALLEL WITH AND 1500
FEET PERPENDICULAR TO THE SAID EAST UNE OF sumo* 17,THENCE RUN
— (0 R. 3855. PC. 21 74) s0O'34'4011 ALONG SAID PARALLEL LINE FOR A DISTANCE OF 801.26 FEET.
THENCE DEPARTING SAM PARALLEL UHF RUN 589'25'20'( FORA DISTANCE
OF 15.00 FEET TO AN NIERSECTION 4*11 THE SAO CAST UHF OF SECTION
TP
17:THENCE RUN 50IF34'40�Y ALONG SAID EAST UNE OF SECTION I7 FOR
F RASE TWO A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING.
t0 SAID PARCEL CONTAINING 26,378 SO FT (0.61 ACRES MORE OR LESS.
9' N SUBJECT TO EASEMENTS.RESTRICTIONS. AND RESERVATIONS OF RECORD.
fig �
W PI
a e
rt "II
el GOLDEN GATE ESTATES N
2 § UNIT NO. 37
LEGEND
GOLDEN GATE ESTATES
41i-
ORB ® OFFICIAL RECORDS BOOK UNIT NO. 21
15' LANDSCAPE
-- BUFFER EASEMENT
;PLAT BOOK 44, Q 2 SD Tr
THE EAST LINE OF PACE 44) (+NTENDCD DISPLAY SCALE 11'_100')
SECTION 17 —Ns.
NOTES:
I. BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE
PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE. NORTH
AMERICAN DATUM OF 1953 WHEREIN THE EAST LINE OF SECTION
17 SEARS NORTH OO'34'40'EAST.
IZ 2. TINS SKETCH 00ES NOT MARE ANY REPRESENTA'ION AS TO ZONNG
OR DEVELOPMENT REST,6CTK)NS ON THE SJBJECT PARC(..
74 3. PARCEL CONTAINS 26,375 SQUARE FEET (Oil ACRES) MORE OR
3 LESS.
it
589'25'20"E 15.00'
TRACT 16N
TRACT 16S
N89'25'20'W 40.0011? S00'34'40"W 30.01'
POINT OF BEGINNING
ICONSERVATION EASEMENT -----'4,11. NOT A SURVEY
(0 R 3855. PG. 2174) r I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND
I i.r;
AND BELIEF.
KETCH THAT WERE PREPARED ACCORDANCE
WITH THE APPUCABLE PROVISIONS OF CHAPTER
SII-17.95. FLORIDA ADMINISTRATNE (ODE, PLRSUANT
POINT OF COMMENCEMENT I I TO CHAPTER 472. FLOR'DA STATUTES
1 SOUTHEAST CORNER
OF SECTION 17
il
f I BARRY E. SIREN (FOR THE FIRM L B. 642)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE N0. 5365
COLLIER COUNTY DATE SIGNED: ____ _ __
WATER SEWER DISTRICT NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
5 RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
N AND MAPPER
JOHNSON ENGINEERING.INC.
2330 STANFORD COUNT SKETCH AND DESCRIPTION
NARES, FLORIDA 34112
PHONE:(239)434-0333
ENGINEERING FAX.'9342 4'9-;a2 °"��2D,7 1701:9700-12B CT [ b-27 Il 141_ Tpp' !NWT OF 1