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Saturnia Lakes Island Walk HOA Donation Agreement (Tract D) PROJECT: Saturnia Lakes Water Main Loop PARCELS: Tract"D"— Island Walk Phase Three PID: 52250014221 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ISLAND WALK HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Owner"), whose mailing address is 6155 Towncenter Circle, Suite 101,Naples, FL 34119 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 "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 easement for the purpose of constructing, operating, maintaining, and repairing utility facilities over, under, upon and across the easement area described in Exhibit "A" hereinafter referred to as the ("Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Easement 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 Easement 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 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 easement area 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 easement area, the execution of such instruments which will remove, release or subordinate such encumbrances from the easement area upon their recording in the public records of Collier County, Florida. Such liens, exceptions, and/or qualifications shall be limited to the title commitment provided by the County. Any such removals, releases, or subordinations shall be at the County's expense. 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 up to (J days 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 Easement. 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 Owner's actual knowledge, and without investigation, Owner represents that the easement area and all uses of the easement area 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 easement area except 1 as specifically disclosed to the County; that the Owner has no actual knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the easement area to be conveyed to the County, that the Owner has not received notice and otherwise has no actual knowledge of a) any spill on the easement area, b) any existing or threatened environmental lien against the easement area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the easement area. This provision shall survive Closing and is not deemed satisfied by conveyance of the Easement. 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 Owner's misrepresentations under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of the Easement. 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 easement area from the mortgagee(s). 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 Easement 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 easement area 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 easement area before the easement area 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. (signatures on following page) 2 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year set forth below. DATE ACQUISITION APPROVED BY BCC: 2_.3-.713Za'O -39 16 B! AS TO COUNTY: DATED: 7� ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E: BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLIJER COUNTY AND AS EX-OFFICIO THE GOVERNING bA' ,( e` C. BOARD OF THE COLLIER COUNTY , • r o. ty Clerk WATER-SEW• I TRICT Attest as to sirature 6.C) y - ethibA L 04111-cl 5f airman AS TO OWNER: ISLAND WALK HOMEOWNERS ASSOCIATION, INC. a Florida not-for-profit corporation WITNESSES /1114-0- ii_ /1)fr.h/)_ Witness (Signature) ��� /J• ad-herae- -- Print: /`)' Name:) (.�� J � (Print) 91(5Its: itness (Signature) Name: Le_c (Print) Approved as to form and legality: 4, Je 'nifer Belpedi• Assistant County Attorney \aC2 3 POC DESC. I e. H 1 B 1 T A . NW CORNER 94kikt ! O,# !� TRACT ..D.. N � .,....Z.—. N I NOTES: o ! 1. THIS SKETCH IS NOT A SURVEY. i,, I 2. BEARINGS SHOWN HEREON ARE BASED ON THE I— I I PLAT OF ISLANDWALK PHASE THREE, AS :'n I c RECORDED IN PLAT BOOK 33, PAGE 39, PUBLIC E I RECORDS OF COLLIER COUNTY, FLORIDA, o II - c WHEREIN THE WEST LINE OF TRACT "D" BEARS coH <„ 502'11'37"E. POB DESC. I Q a 3. THIS SKETCH DOES NOT MAKE ANY o 0 REPRESENTATION AS TO ZONING OR 2 DEVELOPMENT RESTRICTIONS ON THE SUBJECT O 1 n I PARCEL. N vi ( w w N I s_ I CC MI 'o U Q '"' Y H- w N I v` Q Q, Z I �. ,3 CC O. Z I�' w LEGEND d A.E. = ACCESS EASEMENT N24'45'10"W 9.54' I I u) C.U.E. = COUNTY UTILITY EASEMENT ID.E. = DRAINAGE EASEMENT DESC. = DESCRIPTION ISh v, WEST UNE OF I FPL = FLORIDA POWER & LIGHT COMPANY g TRACT "D" I LBE = LANDSCAPE BUFFER EASEMENT 8I OR = OFFICIAL RECORDS BOOK g I PG = PAGE POB = POINT OF BEGINNING Io 5 10 20 POC = POINT OF COMMENCEMENT W I 10' I I 1 PUE = PUBLIC UTILITY EASEMENT cc I1"=20' I a H " o ww S Z Qa a, I U do 0 Q Y Y o .n 0 Q m 10 co06 I MAUPITI WAY oa o _ Z w I _-- g Z o TRACT"A" (A.E.. D.E.. U.E. & C.U.E.) U) u7 jn 'N ,o O b (f) I OZ �.�1r o EAST LINE OF VV 8CC TRACT •D" • A�40.• ..., g a `•• to N• ••••'100 •' N. 'In• • A N88'07'03"E 6.25' O °m J I- b; � 6758 < . • 0 SO2'11'37"E 10.00' L CD TIMOTHY J. DEV'';•. o f f i.•T.! >r 06 J PROFESSIONAL SU' 10.R..AND-OAt4LR 0 I I FLORIDA CERTIFICATE NB.ui..is elS8 5' FPL S88'07'03'W 16.24' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED 3 I I SURVEYOR AND MAPPER. 10'WIDE COLLIER COUNTY UTILITY EASEMENT LYING IN TRACT"D" 6610 Willow Park Drive,Suite 200 Naples,Florida 34109 ISLANDWALK PHASE THREE Phone:(239)597-0575 PLAT BOOK 33, PAGE 39 FAX: (239)597-0578 SECTION 33,TOWNSHIP 48 SOUTH,RANGE 26 EASTliJi.lki LB No.:6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECT ION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 130063.00.60 1 33 485 _ 26E 1"=20' 8/06J18 TJD _ . 002 SD 1 01 2 A 1 T #�.." ..merXr -,.«,_-- Mt Z of .- DESCRIPTION I A TRACT OR PARCEL OF LAND LYING IN TRACT "0", ISLANDWALK PHASE THREE AS RECORDED IN PLAT BOOK 33, PAGE 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D" THENCE S.02°11'37"E. ON THE WEST LINE OF SAID TRACT "D" FOR 202.27 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.24'45'10"E., DEPARTING SAID WEST LINE, FOR 35.60 FEET; a THENCE S.02'15'10"E., FOR 88.15 FEET; 2 N THENCE N.88'07'03"E., FOR 6.25 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID TRACT "D"; 2 e THENCE S.02'11'37"E., ON SAID EAST LINE FOR 10.00 FEET; °; E THENCE S.88'07'03"W., DEPARTING SAID EAST LINE FOR 16.24 FEET; THENCE N.02°15'10"W., FOR 96.10 FEET; THENCE N.24'45'10"W., FOR 9.54 FEET TO AN INTERSECTION WITH THE WEST 0 LINE OF SAID TRACT "D"; g THENCE N.02'11'37"W., ON SAID WEST LINE FOR 26.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 8 CONTAINING 1,259 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. z BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE PLAT OF ISLANDWALK 3 PHASE THREE, AS RECORDED IN PLAT BOOK 33, PAGE 39, PUBLIC RECORDS E OF COLLIER COUNTY, FLORIDA, WHEREIN THE WEST LINE OF TRACT "D" BEARS SO2'11'37"E. a y 2 g -i e n B h h b O n 10'WIDE COLLIER COUNTY UTILITY EASEMENT LYING IN TRACT"D" ii1A16610 Willow Park Drive,Suite 200 Naples,Florida 34109 ISLANDWALK PHASE THREE Phone:(239)597-0575 PLAT BOOK 33, PAGE 39 FAX: (239)597-0578J�. SECTION 33,TOWNSHIP 48 SOUTH, RANGE 26 EAST LB No.:6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE V SCALE DATE DRAWN BY FILE NAME SHEET 130063.00.60 33 485 26E 8/06/18 TJD 002 SD 2 OF 2