Palmetto Park, Blk 1, Lot 1-6
PROJECT: Immokalee 5th Street Ditch
PARCEL: Palmetto Park, Blk 1, Lots 1-6
DONATION AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this ¡.II- day of rl;Mc/J , 2005, by and between DORCAS FRANKLIN
N/KlA DORCAS FRANKLIN HOWARD and HUEY P. HOWARD whose mailing address is
p.o. Box 154, Immokalee, Florida (hereinafter referred to as "Owner"), to COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive Drainage and Utility Easement 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 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.
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. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at no
cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery
to County of a properly executed easement instrument) is hereinafter referred to as the
"Closing."
3. 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.
4. 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.
5. 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.
6. 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
Agreement
Page 2
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.
7. 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 6. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
8. County shall pay all fees to record any curative instruments required to clear title, all
Easement recording fees, and any and all costs and/or fees associated with securing
and recording a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the property underlying the Easement; provided, however, that any
compensation, costs and/or fees required to secure and record releases or
satisfactions, shall be the responsibility of the Owner.
9. 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.
10. Conveyance of the Property by Owner is contingent upon no other provIsions,
conditions, or premises other than those so stated above; and this 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.
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 date and year first above written.
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ATTEST:
DWIGHT E. BROCK, Clerk
b~~ llwA ~~(
, ep y ler '
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
Fred W. Coyle, Chairman
~:.
Agreement
Page 3
AS TO OWNER:
WITNESSES:
~J{~ &W<.
W ess (Signature)
Name: J'~N(ñ::.-L J-bPE ~<-
(Print)
'~ Á~_C7
trtness (Signaturé)
Name: 'Brill" ~ 't)'€r
(Print)
WITNESSES:
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WitMss (Signature)
Name: ..fE,.JtJ ¡ref(¡ /-JoFf ~
(Print)
æs;(š,;;~;ú¡ va
Name: iSl"ia/\ ~I~
(Print)
~~f/zik~D
'HUE P. HOWARD
Approved as to form and
legal sufficiency:
~ tit
Heidi . shton
Assistant County Attorney
Item #
Agenda 5-, () -
Date
Date Ú -t1"ö5
Rec'd
Deputy Clerk
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