Benderson Donation Agreement
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PROJECT:
PARCEL No(s):
FOLIO No(s): Portion of 34690080008
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 27th day of March , 2006, by and between VICTORIA
ESTATES, LTD., a Florida limited partnership, as to an undivided 14.27% interest, and
WALDEN AVENUE-BLEND-ALL HOTEL DEVELOPMENT, INC., a New York corporation,
as to an undivided 17% interest, and DICK ROAD-BLEND-ALL HOTEL DEVELOPMENT,
INC., a New York corporation, as to an undivided 17% interest, and RANGER-1, L.L.C., a
Florida limited liability company, as to an undivided 15% interest, and RB-3 ASSOCIATES, a
New York general partnership, as to an undivided 8.10% interest, and RANDALL
BENDERSON, RONALD BENDERSON AND DAVID H. BALDAUF, as Trustees under a
Trust Agreement dated October 14, 1985 known as the Senderson 85-1 Trust, as to an
undivided 9% interest, and BUFFALO-GREENBRIAR ASSOCIATES, LLC, a New York
limited liability company, as to an undivided 12.80% interest, and RONALD BENDERSON
AND DAVID H. BALDAUF, as Trustees under a Trust Agreement dated September 22, 1993
known as the Randall Senderson 1993-1 Trust, as to an undivided 6.83%, whose mailing
address is post office box is 8441 Cooper Creek Slvd., University Park, Florida 34201
(hereinafter collectively referred to as "Developer"), and 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, Developer either has legal control over, or is the record title owner of
certain lands located in Collier County, more particularly described in Exhibit "A", attached
hereto and incorporated herein by reference (hereinafter referred to as the "Property"); and
WHEREAS, County has requested that Developer convey to County a fee simple
interest in the Property; and
WHEREAS, Developer recognizes the benefit to Developer and desires to convey the
Property to County for use as right-of-way, 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. Developer shall convey the Property to County, in a form acceptable to County and at
no cost to County, unless otherwise stated herein. Said conveyance (Developer's
delivery to County of a properly executed Warranty Deed) is hereinafter referred to as
the "Closing."
3. Prior to Closing, Developer 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. Developer shall provide such
instruments, properly executed, to County on or before the date of Closing.
Agreement
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Page 2
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. Developer 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. County shall pay all fees to record any curative instruments required to clear title, all
Warranty Deed 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.
7. 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.
8. Conveyance of the Property by Developer 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.
9. 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.
AS TO DEVELOPER:
WITNESSES:
VICTORIA ESTATES, LTD.,
a Florida limited partnership
Ru.a.f\
(Print Full Name)
rl\rr/lv1tl1t r I~JJ~.
(Signature)
--f\~"tLH1dt1. l ~!ll,"~ (
(Print Full Name)
By: Benderson-Victoria, L.C., ,",
a Florida limited liability company ~D
its general partner
BY:~~~~_
Manager
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Agreement
Page 3
STATE OF t=""LOudA
COUNTYOF m~~
The foregoing instrument was acknowledged before me this 21 day of
mA\lort , 2006, by DAVID H. BALDAUF, Manager of Benderson-Victoria, L.C.,
a Florida limited liability company, the general partner of Victoria Estates, Ltd., a Florida
limited partnership, on behalf of the company and the partnership, who:
/ is personally known to me
OR
has produced
(affix notarial seal)
(Print Name of Notary
NOTARY PUBLIC
Serial/Commission # (if any):
My Commission Expires:
(Signature)
HUD ft- 6 ey ro~
(Print Full Name)
a~Ut1~ L. f~
(Signature)
;1VrlOtr~ ~. hkh er
(Print Full Name)
WALDEN A VENUE-BLEND-ALL
HOTEL DEVELOPMENT, INC.,
a New York corporation
WITNESSES:
By: U ~U~
DAVID H. BALDAUF
Vice President
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STATE OF ---B oJ uiPr
COUNTY OF mAN frrtE
The foregoing instrument was acknowledged before me this "2....'1 day of m~,
2006, by DAVID H. BALDAUF, the Vice President of Walden Avenue-Blend-All Hotel
Development, Inc., a New York corporation, on behalf of the corporation, who:
v/
is personally known to me
OR
has produced
. 198658
(affix notarial seal)
(Print Name of Notary Pu i
NOTARY PUBLIC
Serial/Commission # (if any):
My Commission Expires:
Agreement
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Page 4
(Signature)
\1UuPr G.f!2j~
(Print Full Name)
DICK ROAD-BLEND-ALL HOTEL
DEVELOPMENT, INC.,
a New York corporation
().~
WITNESSES:
By: ~~.~
Vice President
(Signature)
~vU'tJA L. r;~~kf(
(Print Full Name)
STATE OF 'FLOlU etA
COUNTY OF ('()-PnJ~
The foregoin.A!nstrument was acknowledged before me this 2,;(.. day of
m ffl C , 2006, by DAVID H. BALDAUF, the Vice President of Dick Road-
Blend-All Hotel Development, Inc., a New York corporation, on behalf of the corporation,
Wh/
is personally known to me
OR
has produced
(affix notarial seal)
as proof of identity.
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission # (if any):
My Commission Expires:
WITNESSES:
RANGER-1, L.L.C.
a Florida limited liability company
(Signature) :====:J
'\1UUq- E~lro~
(Print Full Namey.. g
a~J~ L ~ t~
(Signature)
By:
WR-I ASSOCIATES, LTD.
a Florida limited partnership
By:
BG THE VILLAGE, LLC \./
a Florida limited liability company ~ D
.~ ~kJ-U\_
DAVID H. BALDAUF, Manager
By:
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Agreement
Page 5
STATE OF -Fill ~ etA-
COUNTY OF 11'\Af'J A'Tt~
The foregoinffnstrument was acknowledged before me this 2-1 day of
---fY\ffiZc , 2006, by DAVID H. BALDAUF, the Manager of BG The Village,
LLC, a Florida limited liability company, as General Partner of WR-I Associates, Ltd., a
Florida Limited Partnership, as Manager of Ranger-1, L.L.C., a Florida limited liability
com~y, on behalf of the company and the partnership, who:
I is personally known to me
OR
has produced
(Signature of Not
~
. 1 2007
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission # (if any):
My Commission Expires:
WITNESSES:
(Signature)
RI-KIA- E?jroJ
(Print Full Name)
a1;11J,,~tdLf L h((:/t'^"-
(Signature)
ftJ11LWdtt L h (t/1{! r
(Print Full Name)
RB-3 ASSOCIATES,
a New York general partnership
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By:
RA DALLBENDERSON
General Partner
STATE OF S~~A-
COUNTY OF ~
The foregoing instrument was acknowledged before me this 2-7 day of
m Rl7 Qi+- , 2006, by RANDALL BENDERSON, a General Partner of RB-3
AS7tes, a New York general partnership, on behalf of the partnership, who:
is personally known to me
OR
has produced as proof of identity.
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission # (if any):
My Commission Expires:
Agreement
WITNESSES:
(Signature)
8l\..uA- bf#:)ro~\
(Print Full Name)
ttH:\tttJ;. L. Wi,
(Signature)
(print~e~' ~htt
STATE OF FLO'lldR
COUNTY OF m~Pr=rfl.
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~H~_
David H. Baldauf, as Trustee
under a Trust Agreement
dated 10/14/85 known as the
Benderson 85-1 Trust
~
The fOreg~ instrument was acknowledged before me this 2."1 day of
fliP\'( , 2006, by David H. Baldauf, as Trustee under a Trust Agreement
dated October 14, 1985 known as the Benderson 85-1 Trust, who:
/
is personally known to me
OR
has produced
as proof of identity.
(affix notarial seal)
WITNESSES:
(Signature)
RU.C1ft G~ \
(Print Full Name)
llli1tutA u:J~
(Signature)
~ L. rf"Jter
(Print Full Name)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial 1 Commission # (if any):
My Commission Expires:
BUFFALO-GREENBRIAR
ASSOCIATES, LLC, a New York
limited liability company
By:
WH~
DAVID H. BALDAUF
Manager
on
00198658
31 2007
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Agreement
Page 7
STATE OF ~LO(1("lA-
COUNTY OF rf)f1-NA-\---ti
The foregoing instrument was acknowledged before me this 7"1, day of
mf'rilCJ~ ,2006, by DAVID H. BALDAUF, the Manager of Buffalo-Greenbriar
Associates, LLC, a New York limited liability company, on behalf of the company, who:
\ / is personally known to me
OR
has produced
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial 1 Commission # (if any):
My Commission Expires:
~'o
WITNESSES:
(Signature)
p\uu fi. C; ~
(Print Full Name)
a~L.h-~tIH
(Signature)
PwltWJ^ t~. h(thOi
(Print Full Name)
j~>>~
David H. Baldauf, as Trustee
under a Trust Agreement dated
9/22/93 known as the Randall
Benderson 1993-1 Trust
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STATE OF H..oMA
COUNTY OF m~ f'f\H
The for~going instrument was acknowledged before me this "2.""1. day of
m(jiQj: , 2006, by David H. Baldauf, as Trustee under a Trust Agreement
dated September 22, 1993 known as the Benderson 1993-1 Trust, who:
/ is personally known to me
OR
has produced of of identity.
\
I
(Print Name of Notary Public)
NOTARY PUBLIC
Serial 1 Commission # (if any):
My Commission Expires:
(affix notarial seal)
Agreement
AS TO COUNTY:
DATED: L/ II b / Df,
I '
ATTEST: .
DWIGKT 1::: ~<?SK~ <;!erk . .
~I~.~~)c
"1 est ai' to Ch41,....~ty Clerk
s 1 Qnature on 1 .
Approved as to form and
legal sufficiency:
/d<. V~~
Ellen T. Chadwell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT~DA
BY: ~~ ~ ../
Frank Halas, Chairman
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Page 8
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EXHIBIT "A"
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
A parcel of land situated in Collier County, Florida, lying in the East One Half (1/2) of the
Northeast One Quarter (1/4) of Section 3, Township 50 South, Range 26 East, being a part
Tract 1, Gator Gate, according to the plat thereof, . recorded in the public records of Collier
County, Florida in Plat Book 7, Page 2, and being also a part of Tract 2, Gator Gate Unit 2,
according to the plat thereof, recorded in the public records of Collier County, Florida in Plat
Book 7, Page 54, being further bound and described as follows:
Commencing at the Northwest corner of the East One Half (1/2) of the Northeast One
Quarter (1/4) of said Section 3, thence S 000 28' 36" W along the West line of said fraction a
distance of 50.00 feet to the South right-of-way line of State Road 84, thence S 890 42' 19" E
along said South line a distance of 200.00 feet to the Point of Beginning, thence S 000 28'
36: W along a line parallel with and 200.00 feet East of (as measured on a perpendicular)
said West line of the East One Half (1/2) of the Northeast One Quarter (1/4) a distance of
900.00 feet; thence S 890 42' 19" E along a line parallel with and 900.00 feet South of (as
measured on a perpendicular) said South right-of-way line of State Road 84 a distance of
1,012.98 feet to the West right-of-way line of County Road 951, thence N 00050' 42" E along
said West right-of-way line of County Road 951 a distance of 500.04 feet to a point of
intersection with a curve concave to the Southwest, having a radius of 905.71 feet and to
which point a radial line bears N 630 40' 35" E, thence Northwesterly along said curve
through a central angle of 360 12' 47" a distance of 572.44 feet to the South right-of-way line
of State Road 84; thence N 890 42' 19" W along said South right-of-way line a distance of
618.76 feet to the Point of Beginning.
SOUTH RIGHT-OF-WAY LINE
OF STATE ROAD 84
50 FEET
N
WEST RIGHT-OF-WAY LINE
OF COUNTY ROAD 951
SKETCH NOT TO SCALE
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Collier County Transportation Engineering and Construction Management Department
01/30/06 1 :57 PM