P.S. 305.07 - Donation Agreement (Glades Golf & Country Club) PROJECT. Basin 305 Pump Stations
PUMP STATION 305 07
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between GLADES GOLF AND COUNTRY CLUB,INC.,a Florida not-
for-profit corporation (hereinafter referred to as"Owner")_ whose mailing address is 174 Teryl
Road, Naples, FL 34112 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 a
pump station and related facilities(hereinafter referred to as the"Easement")over, under,upon
and across the lands described in Exhibit"A"(hereinafter referred to as the"Easement Area"),
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 ($10.00) U.S.
Dollars, 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 over the Property. in its as-is condition,to County
at no cost to the County, unless otherwise stated herein
2. 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
3. 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
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
4. Subject to the limitations set forth in Section 768.28, Florida Statutes,the County
shall indemnify, defend. and hold the Owner harmless from and against any and all loss, cost,
claim, damage or expense (including reasonable attorneys' fees and court costs at or before
the trial court and any appellate proceedings. bankruptcy or administrative hearings) in
connection with loss of life. personal injury, damage to property, building code violation.
covenant violation or any other loss.claim or expense arising from or out of the exercise by the
(C 1% �:
County of its rights with respect to the easement granted to the County or arising from or out
of any negligent act or omission of the County which results in loss to the Owner The County
further agrees to restore any property dedicated to the County which is disturbed and to repair
any damage to property dedicated to the County and any improvements thereon which occurs
in connection with the exercise of the County's rights and responsibilities with respect to the
Easement granted to the County
5. 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). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and paid
by County. The cost of a title commitment shall be paid by County.
6. 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.
7. Conveyance of the Easement Area 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.
8. 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 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 )
9.This Agreement is governed and construed in accordance with the laws of the State of
Florida
(SIGNATURES ON NEXT PAGE)
;f) �,
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC. d l a 3)a o I 0
AS TO COUNTY:
DATED: 8 113 I st oao
ATTEST. . Q , BOARD OF COUNTY COMMISSIONERS ✓�' -
Crystal K.Kinj0 ,Clerk COLLIER COUNTY, FLORIDA,A$THE
GOVERNING BODY OF COLLIER COUNTY. •
AND AS EX-OFFICIO THE GOVERNING
aLg BOARD OF THE COLLIER COUNTY
•u rk WATER-S ER DISTRICT •
`flail tt!)E„OAR (• By.Burt Saunders, Chairman ' �<<�: C 0
��ji171{It11U�,
AS TO OWNER:
GLADES GOLF AND COUNTRY CLUB, INC.,
a Florida not-for-profit corporation, f/k/a No. 9
The Glades Country Club Apts , a
condominium
WITNESSES
By: ,/
L Bru•=/�:' - ..e
• Witness(Signature) r)
Name: �'AH Mee_
[` �I (Print)
Print) r)_r
O�\ i,'(M-z lf"{I ix
Witness(Signature)
•
Name: r 4_
(Print)
Approved as to form and legality:
Jen 'er A. Belpedio, 'slant County Attorney \a-
n<aCtlib
3
GRAPHIC SCALE Pa9C• / Of
0 5 10 20 CURVE TABLE
f � I CURVE WOWS LENGTH DELTA CHORD BEARING CHORD
Cl 25.00' 5.03 t f'J2'lJ' NDe'a4'871r BOX( 1N FELT )
Cri
1 inch = 10 ft.
POINT OF
COMMENCEMENT
tp
V.
N
LOT 1
N BLOCK I
o THE GLADES
0
UNIT TWO
co
P8. 10 PG. 88
0
N96100'00't 20.08'
d POINT OF 7
BEGINNING h
53 la
o � $ 1
8
N.
0
r ' S89'41'10'W 19.49'
I O \ EXISTING
O EASEMENT
i t Z1 (PER PLAT
TTED
7- PLALAR/W LINE
L ..._,,,
- _ .._
GLADES BLVD
60' RIGHT—OF—WAY
for the Exclusive Use Of.
Collier County Board of 1 NIEYING Sketch and Description
J
County Commissioners 4 BLOCK
Digitally signed by David 'Cr LOT 1, O L OCr� I
David J. Hyatt J.Hyatt PSM#5834
PSM #5834 Date:20100000 Li / -� . H THE GLADES UNIT TWO
" z COLLIER COUNTY, FLORIDA
David J. Hyatt, PSM, 1 G
Florida License No. 5834 nnro uuut�rcMu.
Not valid without the signature and 3825 BECK eLEVM4PPwC CUENT: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
original seal of the Florida Licensed SUITE 725 PROJECT/:1461 SUB PROJECT: PS 305.07
Professional Surveyor and Mapper NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET/ DRAWING NO.
1 l Certificate of Authorization /7705. 2, OSU CO,M CMM 4/2019 1'=10' 17-322 1 OF 2 1-083J
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G 1
Description
A portion of Lot 1, Block I The Glades Unit Two as recorded in Plat Book 10 at Page 88
of the Public Records of Collier County, Florida.
COMMENCING at the northwesterly corner of Lot 1, Block 1 The Glades Unit Two as
recorded in Plot Book 10 of Page 88 of the Public Records of Collier County, Florida;
thence run South 00'18'50" East, along the westerly line of said Lot 1 and the easterly
right of way line of Palm Drive as shown on said plat, for a distance of 229.46 feet to
the Point of Beginning; thence run North 90'00'00" East, for a distance of 20.08 feet;
thence run South 00'00'31" East, for a distance of 15.43 feet to the northeasterly corner
of the 20x20 utility easement shown in Lot 1, Block I of said Glades Unit Two; thence run
South 89'41'10" West, along the northerly line of said utility easement, for a distance of
19.49 feet to its intersection with the easterly right of way line of said Palm Drive and
the westerly line of said Lot 1; thence northerly along said easterly right of way line and
westerly line of said Lot 1 and the arc of a non—tangential curve to the right, whose
radius point bears North 78'08'59" East with a radius of 25.00 feet, having a chord
bearing of North 06'04'57" West and a chord distance of 5.03 feet, having a central
angle of 1 1'32'13'. and on arc length of 5.03 feet; thence run North 00'18'50" West,
along said easterly right of way line and westerly line of said Lot 1, for a distance of
10.54 feet; to the POINT OF BEGINNING.
Containing 309.46 square feet or 0.01 acres more or less.
NOTES
1. This is not o survey.
2. No easement search or abstracting was
done by the surveyor and note should be
taken that this property is subject to
any facts that may be revealed under a
full and accurate title search.
3. Unless otherwise indicated, all existing
easements shown hereon ore based on
plot.
4. Not other persons or entities other than
those listed as exclusive users may rely
on this sketch & description.
5. All dimensions ore in feet and decimals
thereof, unless otherwise noted.
6. Subject to easements, reservations, and
restrictions of record
J.?vEYING Sketch and Description
� LOT 1, BLOCK I
_ H THE GLADES UNIT TWO
i if COLLIER COUNTY, FLORIDA
wvrco SURVEYMrG tr MAPPP/G CUEN7•I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
3825 BECK BOULEVARD SURF 723 PROJECT I 461 sue PRQMECT; PS 305.07
MAPLES, FLORIDA 341 DRAFTED BY: DATE SCALE MO NUMBER SHEET/ DRAWING NO.
www2u Rco�suR car CMM 4/2019 N/A 17-322 2 OF 2 1-083 j