Folio #52595501321 - Donation Agreement PROJECT: Jasmine Lake Lakes Loop
PARCEL: Tract B-1,Jasmine Lake
FOLIO: 52595501321
Donation Ageement approved by the BCC
Pursuant to Resolution No.2010-39
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the"Agreement") is made
and entered into by and between JASMINE LAKE HOMEOWNERS ASSOCIATION, INC., a
Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose post
office address is 2335 Tamiami Trail N., Ste 402, Naples, FL 34103, and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLUER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, (hereinafter referred to as "County"), whose mailing address is
3335 Tamiami Trail East,Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Grantor convey to the County a
perpetual, non-exclusive utility easement for utility and maintenance facilities purposes
and access over, under, upon and across the lands described in Exhibit "A" (said utility
easement hereinafter referred to as the "Property"), which is attached hereto and
made a part of this Agreement;
WHEREAS, Grantor desires to convey the Property to County for the stated
purposes on the terms and conditions set forth herein; and
WHEREAS, Grantor recognizes the benefit to Grantor 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. Grantor shall convey the Property (Exhibit "A") via a Utility Easement to
County at no cost to the County, unless otherwise stated herein.
2. Prior to Closing, County shall obtain, at County's sole cost, 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.
3. 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. Grantor 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. Grantor represents, to the best of Grantor's knowledge, that the Property and
all uses of the Property have been and presently are in compliance with all Federal,
State and Local environmental laws; to Grantor's knowledge, that no hazardous
substances have been generated, stored, treated or transferred on the Property except
as specifically disclosed to the County; that the Grantor 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 Grantor 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. Grantor 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 Grantor'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)
and any other costs associated with closing. All other costs associated with this
transaction shall be borne and paid by County. 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.
3
9. Conveyance of the Property by Grantor is contingent upon no other
provisions, conditions, or premises other than those so stated above; and the written
Agreement, including oil exhibits attached hereto, shall constitute the entire Agreement
and understanding of the parties, and there ore no other prior or contemporaneous
written or oral agreements, undertakings, promises, warranties, or covenants not
contained herein.
10. 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 as
of the dates set forth below.
ACCEPTED by BCC pursuant to Resolution 2010-39.
AS TO COUNTY:
DATED: I / S/( c
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. Ktt4ZEL,,Clerk of the COLLIER COU► Y, FLORIDA
Circuit Court &Comptroller
IA /IP�.! BY: e/
411
Qepu + SOUS, C airman
st as to Chairman's i
signature only.
Approved as to form and legality:
Jennifer A. Belpe
Assistant County Attorney cp-' "
(Additional Signature Page Follows)
0
AS TO OWNER:
DATED: (0//
Wit ess nature)
Name: --Ck Vii. f'P,G) JASMINE LAKE HOMEOWNERS
• (Print or Type) ASSOCIATION, INC.,
411 a Florida not-for-profit corporation
Witness (S'gnaturg) •
I
Name: -0 >� Lam. ST( Vl By : .. .:.�
(Print or Type) Print: A A e
Title: MOW /1-)
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A TRACT OR PARCEL OF LAND LYING TRACT 13-1", JASMNBDM
E LAKE-A SUS+ON AS RECORDED IN PLAT BOOK 39. PAGE 61 OF THE
B PuBLIC RECORDS OF COWER COUNTY. FLORIDA ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1 COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT -1'. THENCE NN'10'2018 ALONG THE NORTH LINE OF SAID TRACT 'B-1-
FOR 60.53 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
ITHENCE 501"44'0418 DEPARTING SAID NORTH LINE FOR 21.13 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY or TRACT
g R-1 OF SAID PLAT OF JASMINE LAKE-A ANO A POINT ON A CURVE;
THENCE WESTERLY 10 32 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVMG A RADIUS OF 62 00 FEET THRO.IGH
A CENTRAL ANGLE OF 09'32'00' AND BEING SUBTENDED BY A CHORD WHN[H BEARS N74'18'4019 FOR 1030 FEET;
THENCE DEPARTING SAID NORTHERLY RI,HT-OF-TRAY NO1'44'04-E, FOR 18.48 FEET TO AN INTERSECTION WITH NORTH LINE OF SAID
TRACT 13-1';
I THENCE S89'10'201. ALONG SAID NORTH LINE FOR 10.00 FEET TO THE PANT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
I CONTAINING 197 SQUARE FEET. MORE OR LESS.
t BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE STATE PLANE COORDINATE SYSTEM. FLORIDA EAST ZONE. NORTH AMERICAN DATUM
OF 1983 (2011 ADJUSTMENT) WHEREIN THE NORTH LIE OF THE PLAT OF JASMINE LAKE-A AS RECORDED IN PLAT BOOK 39. PAGE 62.
PuBLIC RECORD OF COWER COUNTY. FLORIDA, BEARS N89'10'2010.
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! 2 BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE
A SYSTEM, FLORIDA EAST ZONE. NORTH AMERICAN DATUM OF 1983 (2011 TIMOTHY J. O
6 ADJUSTMENT) WHEREIN THE NORTH LINE OF THE PLAT OF JASMINE LAKE-A AS PROFESSIONAL . Mg
.
R RECORDED IN PLAT BOOK 39. PACE 62. PUBLIC RECORD OF COLLER COUNTY, FLORIDA CERTIF ao.•1*s fig,:
R FLORIDA, BEARS N89'1D'201R. NOT VALID WITHOUT Tot AND THE
s THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR ORIGINAL RAISED SEAL Of.A.c oRIDA LICENSED
4 DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL, SURVEYOR AND MAPPER.
Ur WIDE COWER COUNTY UTILITY EASEME=NT
LYING IN TRACT B-/ 8616 WIio1.Pak DIHn,BIIr34I0S too
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JASMINE LAKE-A SUBDIVISION mire(IAN Ba-06n
SECTION 18,TOWNSHIP 48 SOUTH,RANG 28 EAST FAX ill 5674621
COWER COUNTY.FLORIDA ENGINEERING
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