Collier's Reserve - #27185001004 (Donation Agreement) PROJECT: 10 Water POD&Easement Project
PARCEL:Collier's Reserve
FOLIO: 27185001004
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between COLLIER'S RESERVE COUNTRY CLUB, INC.,
a Florida not for profit corporation (hereinafter referred to as "Owner"), whose mailing
address is c/o Nicholas von Hofen, 11711 Colliers Reserve Drive, Naples, FL 34110,
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 "District"), whose post office address is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, District has requested that Owner convey to the District a perpetual,
non-exclusive easement for the purpose of access, installation, and maintenance of IQ
water facilities and other utility appurtenances, 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, District will own and operate the IQ water facilities within Exhibit "A";
and
WHEREAS, Owner desires to convey the Property to District 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 District 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 District; 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 District at no cost to
the District, unless otherwise stated herein. It should be understood that should there be
a need to repair or modify the proposed improvements and any future improvements if
deemed necessary, the Owner's property will be restored to pre-existing condition at
District's cost. Also, it should be understood that the proposed improvements, including
but not limited to the asphalt driveway, will be maintained by the District at District's cost.
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 District 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 District executes this Agreement;
ED
provided; however, that District 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
District'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 District; 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 District, 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 District against and
from, and to reimburse the District 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 District
by reason or arising out of the breach of Owner's representation under Section 5.
Subject to the limitations, set forth in Section 768.28, Florida Statutes, District shall
indemnify, defend, save and hold harmless the Owner against claims, liabilities, laws,
costs and expenses related to use of said Easement area cause by District's negligence.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. The District 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. District 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 District.
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.
ED
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 District, 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. JJ II
DATE ACQUISITION APPROVED BY BCC: ,-;2. k3) b i J 94Cae►� l m I
AS TO DISTRICT: DATED: -41-S312C'
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA, AS THE
Circuit Court & Comptroller GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING :r- r OF THE COLLIER
COU )V WER bi,STSIC
fT\.
BY:
Deputy Clerk Will"m L. McDaniel,Jr. , Chairman
Attest to Chairman,s '
A4;itbNi4Perirthiform and legality:
Jennie A. Belpedio, s istant County Attorney
AS TO OWNER: DATED: -=/--/ 9--/?()
WITNESSES:
4)041'agealt121COLLIER'S RESERVE COUNTRY CLUB,
Witness#1 (Signat ) INC., a Florida not for profit corporation
4-.
Wffness#1 Print'Name
'�- STEP EN GUILLARD, President
Witness#2(Signature)
(_,C014C-4/ic'ye_
Witness#2(Print Name)
oMa'3na\sNoI1d12l0s3o V H313Ns\&3A21ns\No113n81sNo3 Wn13210821V - 111\8loz A3A2111s 103roLld\A3A ns\:o
vi
ct
k +��+ wee'
4� � sa ki LiJ o
ZLi 0co
U o Qa *MG SXOFISdVS
OwWp
CL z o,-
J:. 1:
f 6
- ern
N
oa Via , W
" Z I- 0 a.0
I• i
W
Im J J IX a W =0
N a tel U wa o
0 N fy 2W Z=LL5..
m�0 Y Q W w� C70Z
�a )o�N Q 0 CO- ZulD
QZa N'-Z^ h z •a m� Ja()
r3o oJZ�N^� CO U F UW
m �w1.1_0-o = Y D -'_
- z>W .0- W O 0O
5 O0w-aa U
a fx c)K CO N 'Cr
oNna C
aJU z
<ao 0
ZU F
U
W
CO
W
U
14 O o o o o
o 0 0 o um
o N a * ` S c
.OL.+ U CO
O
W 3 gi .5S CO
w 3 3 w a§cZ C
QN
Z O- 0 Ill ff- O 0 1 cm
, . at
7 P.V. co.
w a tO a Io a �— —. 0 5 o Q N g
Z CD '▪ p, p bI o bI 1 C .F+ cy S N
CO
- N N N Z Z CO e
qk cof -8. 0 m
Z (V "O * N
07
o a w
IV CO
v •
0
co @
y o
oCC -J>,1 •'normo wm=zw Zor o o� C 4
m� Uz~� o rrnro� a 6 a t
ww 3 i o c6 O
V)0 0�3x aZZE VI'OOWL) p000 O ¢rz f1, .R
oz o co Ho Z Loc)'"
oW W ~x gg0
Om F.ix p� xNaw ~OZCO wZop~ wNaW • a
w • o ir)W ]OUJW -I-1v)o ~Wa3 II zea S
Cr 0< Ow�0O NawO OW�aO JQj2W w�0 N
S2LA_0 OO HZ ZU Z Oao CD U WP Ne--I <0 ›+$ Et
p CIn Oa x� a ZpODU oinaa SAO . a
wZ < L ~�ww 5wdam O1.Jm O'1 <0K O� � _
zO OU-I CJ' 0II a U' o ZS W .1
00 ^W wW La)
cc I.4-
QrZQ � U ZLLC J•�1 o
�w WCZO OooO aW}KZ)- wOOaa� NI aUO a y V'�
OJ xM dZ O x NWpZr W~ d NQ U ..Zr
cI w >> w
Oce U aQa<Z st p W
__,7,..W3p Z0U O =C I� • n.
Nc` W N.w 0Z O Vi I- Or- OJOR-Z 1�/� O>
40 OW Wm Wc`'IZp Ii) UwZ^3VI>Nac� T! . rn
cn C r p W UZZ Z"i -J Cj Z W O V7 U N �V M
^C Zw ZO <Sx Co C o0-ortI"0,-, W w C0.7 � N
VON cx OO JZ D~OOK Li wCZ poOa 't Z.
Cpolx- C � al
Z �; Ur- a i=z�U w -ao w. w�lw r O E
O J� N4n OW <,w6w m CZwa-,cs4w°30<0 IOF LO 0 gi w < y
F-
zmu =W Z.- O~;nz E o�v'-��z0°-ZtUJuwi cwiZm o P.
1.� C
IX c�aa �a�� 000i� '` wZ '�wpml0.,v0i0vYo �Zo z U v m
coVz=o 0 H aw W SwQam xwJ U �C5o w V
/ 'J~m Z Z W 1 y Z C,x a' O 0 Q Z o in
a Z O W U W
CI Z pU --u,W00 W Q g ON zu-
om.-Yo KNapO3 oogm >�> J zPz
'Y U O Z O W O CC 0
Vl O S H H U F- F U g
lino ¢O ZN H1-1 ZO WI= MwNH O zZ�.~0 .I
Cr O J U'm=U- O Nr L,_I (nx2Z Z W Int W OO W as
W -CI OON`-�W CO ZCwi z fnZ-7I Lai M CO Z< �nNoC2W p aaoaa� >
•
a 0aO 10 QUm UJQW Z WCQ<=1-U z Wcn(wn�C Z •CO
O Q^U_ �COQce 0 MCL C-WNQEcWi0m2wX LU m uI
cc amcr m0 Cp~N 1.0 cn°C td z Omwo U.O Uo ragoW O
afl', ow �Lnw Swoox 0 W Um t Y o ,;J
<Na UCWoo r-3azI- 0 z N'i — aaoaa� vW1 vj ` i� w
D0 �i 6 I� h