P.S. 309.08 - Donation Agreement (Navona Florida Investments, Inc.) INSTR 5995729 OR 5886 PG 2513
RECORDED 2/4/2021 7:49 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
PROJECT BASIN 305 Pump Stations
PUMP STATION. 309.08
POLIO 27830840002
DONATION AGREEMENT
rHIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between NAVONA FLORIDA INVESTMENTS I, INC., a Florida
corporation (hereinafter referred to as "Owner'). whose mailing address is 2100 Matheson
Blvd. E.. Suite 200. Mississauga. ON, Canada. L4W5E1CA 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 over. under, upon and across the lands described in
Exhibit "A" (hereinafter referred to as "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 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 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 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 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. 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 County: 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 County, 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. 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. The County shall, at
Closing, pay to Owner (or to Owner's selected counsel), the sum of up to $750.00
representing Owner's attorney's fees in connection with this transaction.
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 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.
9. 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).
10. 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 set forth below.
DATE ACQUISITION APPROVED BY BCC: 23 le"to
AS TO COUNTY:
DATED:p)'' .21
ATTEST: BOARD OF COUNTY COMMISSIONERS
tea
Crystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA,'AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
A est as to Chairman s,
,De Clerk WATE -S ER DISTRICT
sign ttir flt�ly.
By:
Penny Taylor,Chairperson
(signatures continued on next page)
2
AS TO OWNER:
NAVONA FLORIDA INVESTMENTS I. INC.
a Florida corporation
WITNESSES
/�=.. By:
Bernd D. Abromeit-Kremser. President
Wi ss (Sig-nature)—)
Name: L ,�r r1
(Print)
Witness (Signature)
Name: M/C/44 -' �M/1 c-r, ;Tale Pr1 Akci A/e/4.=
(Print)
Approved as to form and legality:
Jennife . Bel edio is ant County
p o ty Attorney p, \ga0�0
cfM' Aa�1
3 OVA
NOTES Page--at f_
t1. This is not a 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 are based on plat.
4. Not other persons or entities other than those listed as exclusive users may rely on this sketch &
description.
5. All dimensions are in feet and decimals thereof, unless otherwise noted.
6. Subject to easements, reservations, and restrictions of record.
GRAPHIC SCALE
0 5 10 20 DESCRIPTION:
IMEMNIMI Being a portion of Lot 21 of Corporate
Square as recorded in Plat Book 14 at
Pages 27 and 28, more particularly
( IN FEET ) described as follows:
1 inch = 10 ft.
The North 7.55 feet of the South
27.55 feet of the East 30.00 feet of
the West 59.22 Feet of Lot 21, of
Corporate Square as recorded in Plat
Book 14 at Pages 27 and 28 of the
Public Records of Collier County,
ivFlorida. Containing 226.5 square feet
LOT 21 V V more or less or .005 acres more or
CORPORATE SQUARE less.
P.B. 14 PGS. 27-28 I.. 1..
- 59.22'
- - 30.00'
EXISTING 20' DRAINAGE & UTILITY EASEMENT 1 T
N
O
Cr
S. PROPERTY LINE I
N. R.O.W. LINE }
CORPORATE SQUARE NORTH
60 R/W
For the Exclusive Use Of:
COLLIER COUNTY BOARD OF
COUNTY COMMISIONERS 1 �JEYTNG� SKETCH & DESCRIPTION
Digitally signed by LJ i .
David J. Hyatt
#David
5834J Hyatt PSM _/ _ ' , A Portion of Lot 21
PSM #5834 Date:2019.05.29 u / Corporate Square
08:51:27-04'00' I t` H
David J. Hyatt, PSM, a 11�fr z Collier County, Florida
Florida License No. 5834
A LIMITED LIABI.ITY COMPANY
Not valid without the signature and MARCO SURVEYING & MAPPING CUENT: Collier County Board of County Commissioners
original seal of the Florida Licensed 3825 BECK BOULEVARD PROJECT :l P461 SUB PROJECT: PS 309.08
Professional Surveyor and Mapper SUITE 725
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET/' DRAWING NO.
Certificate of Authorization #7705. (239) 389-0026
` WWW.M4RCOSURVEYS.COM CMM 5/2019 1"=10' 17-336 1 of 1 1-1131