Donation Agreement (Folio #28530360001) •
INSTR 6111782 OR 5996 PG 2895
RECORDED 8/13/2021 8:45 AM PAGES 6
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PROJECT Master Pump Station 313 REC$52.50
PARCEL NO. 28530360001
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by
and between DDRM COUNTRYSIDE LLC, a Delaware limited liability company. (hereinafter referred to as
"Owner"). whose mailing address is 3300 Enterprise Parkway, Beachwood. Ohio 44122, 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, a political subdivision of the State of Florida, (hereinafter referred to as the"County"),whose mailing
address is 3335 Tamiami Trail East, Naples, Florida 34112.
WITNESSETH
WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive access
easement over, under, upon and across the lands described in Exhibit"A" (said easement is hereinafter referred
to as the "Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property 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 Property 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 Property 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 Property via an access easement (the "Access Easement") to County at no
cost to the County, unless otherwise stated herein.
2. This Agreement shall be null and void, and of no further force or effect, unless the County approves
same and records the Access Easement within sixty (60) days from the date Owner executes this Agreement.
3. 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.
4. The County shall pay the cost of a title commitment, the recording the conveyance instrument, and
any curative instruments in the Public Records of Collier County, Florida; and shall deliver to Owner a copy of
the recorded documents.
5. 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.
6. Conveyance of the Property by Owner is contingent upon no other provisions, conditions,or premises
other than those so stated above, and those stated in the Access Easement, which shall be contemporaneously
recorded and shall constitute the entire agreement and understanding of the parties. There are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
Page 1 of 4
7. This Agreement is governed and construed in accordance with the laws of the State of Florida.
8. Maintenance; No Liens.
A. County shall maintain in good condition and repair all improvements constructed within the
Property by or at the direction of County during the term of the Access Easement, as such improvements are
shown on Exhibit"B" attached hereto and made a part hereof.
B. All work performed by or at the direction of County within the Property shall be performed in a lien-
free, good and workmanlike manner and in accordance with the requirements of all applicable government
ordinances, codes, regulations and laws. In the event any mechanic's or materialmen's lien is filed against the
Property or any land of Owner in connection with work performed by or at the direction of County, then County
shall, promptly after notice of filing, cause the same to be discharged of record at County's sole cost and expense.
County will give Owner prompt notice of any claim or action pertaining to mechanics' or materialmen's liens
against the Property or any land of Owner.
9. Reservations. The Access Easement and this Agreement are subject to a general reservation and
right of Owner to use any portion of land above, below or around the Property, so long as such use does not
unreasonably interfere with the use of County for its intended purposes.
10. Liability Insurance; Release; Indemnification.
A. County shall at all times during the term maintain a policy of commercial general liability insurance
with companies authorized to transact business in the State where the Property is located, having a minimum
A.M. Best rating (or equivalent) of A(viii), in the minimum amount of$1,000,000.00 per claim/annual aggregate
naming Owner as an additional insured with respect to claims arising out of the exercise by County or its agents
of any rights under the Access Easement and this Agreement. Prior to entering Owner's property to perform any
work or maintenance and anytime thereafter, upon request, County shall deliver to Owner a certificate of
insurance evidencing that such coverage is in place.
B. Owner shall not be liable for any injury, damage or loss of any nature whatsoever to person or
property occurring in, on or about the Property unless such injury, damage or loss is directly and solely the result
of the Owner's sole negligence. To the extent permitted by Section 768.28, Florida Statutes, County hereby
agrees to indemnify, defend and save Owner harmless from and against any and all claims, demands, actions,
suits, losses, damages, costs, expenses and liabilities whenever arising on or after the date hereof arising out
of or due to (a) any act of County of any of its agents. employees, representatives or contractors (collectively,
"Related Parties")with respect to the Property, (b)the exercise of County's rights or the performance of County's
covenants and obligations under this Agreement and the Access Easement, or(c) the use or occupancy of the
Property by County or any of its Related Parties.
11. Parking; Mutual Non-Obstruction. County shall only be permitted park vehicles on Owner's property
incidental to County's maintenance of Master Pump Station 313 and shall in no event be permitted to park
vehicles overnight on Owner's property. County agrees that it will not block any drive lanes on Owner's property.
or interfere with any ingress and egress points to and from Owner's property. Subject to the rights of Owner's
tenants' and such tenants' customers' rights to use the parking spaces at Owner's property and traverse the
parking area and drives surrounding the Access Easement, Owner shall not interfere with or block County's
access to the ingress and egress point to Master Pump Station 313, which will be an asphalt drive extension to
the existing paved area inside the pump station, installed and maintained by County, at County's expense, as
shown on Exhibit"B" hereto.
12. Abandonment. In the event County shall abandon the easement, then the Access Easement and this
Agreement shall automatically terminate and be of no force and effect and the easements granted in the Access
Easement shall cease and desist. In the event of any termination of the Access Easement and this Agreement
Page 2 of
as aforesaid, County shall, upon the request of Owner, execute and deliver to Owner any such instruments, in
recordable form, as may be requested by Owner to evidence and confirm such termination of the Access
Easement and the release of all County's rights in and to the Property.
13. Eminent Domain. In the event that any part of the Property shall be taken by eminent domain or any
similar authority of law, the entire award for the value of the land, buildings and improvements so taken shall
belong to Owner, or to its mortgagees or tenants, as their interests may appear, and County shall not claim any
portion of such award by virtue of any interest created by the Access Easement or this Agreement.
14. Default. In the event of any default by County in the performance or observance of any term, condition
or covenant of this Agreement or the Access Easement, which default is not cured within fifteen (15) days after
the giving of written notice from Owner to County (unless such default is in the nature that it cannot be cured
within such fifteen (15) day period, in which case the period to cure such default shall be extended so long as
County shall have commenced the curing of such default within such fifteen (15) day period and shall thereafter
diligently and continuously prosecute the curing of same and shall completely cure such default as promptly as
possible), then Owner shall have the right, exercisable by delivering written notice to County, (a) to cure such
default, and the right to be promptly reimbursed for any costs incurred to cure such default, or (b) to terminate
the Access Easement,whereupon the easement herein granted shall cease and desist and be of no further force
and effect.
15. AS-IS. The Access Easement and this Agreement are subject to all existing easements,
encumbrances covenants, conditions, restrictions and other agreements of record and is granted on an AS-IS,
WHERE-IS basis. Owner makes no representation or warranties of any kind with respect to the Property.
16. Acceptance. By its exercise of the rights set forth in the Access Easement and this Agreement,County
acknowledges and agrees to be bound by all of the terms, provisions and conditions set forth in the Access
Easement and this Agreement.
17, Miscellaneous.
A. This Agreement and the Access Easement may not be modified or amended except by a written
instrument executed by the parties hereto or their respective successors and assigns. County shall at any time,
and from time to time on and after the execution of the Access Easement and this Agreement, upon the request
of either Owner, its successors and assigns, do, execute. acknowledge and deliver all such further acts,.
assignments and other instruments as may be reasonably be required for the enforcement of the Access
Easement and this Agreement, or for benefit of the Owner, its successors and assigns.
B. The Access Easement and this Agreement shall be binding upon Owner and County, and their
respective successors and assigns.
C. The parties acknowledge that the Property is private property and is not dedicated to the general
public or for any public use or purpose whatsoever and that nothing herein, express or implied. shall confer upon
the general public any rights or remedies under or by reason of this Agreement or the Access Easement.
D. County's use of the Property is limited to those purposes expressly set forth in the Access
Easement and this Agreement only and the scope of the Access Easement may not be expanded without
Owner's written consent, which Owner may withhold in its sole and absolute discretion. All easements granted
in the Access Easement shall be non-exclusive.
E. If any provision of this Agreement or the Access Easement, or portion thereof, or the application
thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the
remainder of this Agreement or the Access Easement, or the application of such provision or portion thereof to
Page 3 of 4
any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid
provision affects the consideration for this Agreement or the Access Easement; and each provision of this
Agreement and the Access Easement shall be valid and enforceable to the fullest extent permitted by law.
F. Nothing in this Agreement or the Access Easement shall be construed to make the parties hereto
partners or joint ventures or render either of said parties liable for the debts or obligations of the other.
G. All capitalized terms used herein shall have the meanings set forth with respect thereto in the
Access Easement unless otherwise defined in this Agreement.
IN WITNESS WHEREOF, the Owner and the County have caused these presents to be executed this
/5" day of T 6 a-5 , 2021.
AS TO OWNER: DDRM COUNTRYSIDE LLC,
a Delaware limited liability company
—1(kriA/VtJA4k1?)
Witness Signature
Print Name 13/7(L89 A 1300 ZZI By: -4/14t-ehiA,0.1,40.4.1",), .
o...�,__.f.,_._ � esti, Print Name: fr.'cJAAW l S. 0 u)eMclo
Witness Signature Print Name. ` 1i,.t a_ 104 •-`— n1�Its: J.l',QtXIL' GO.vtua I COuvnSe 1
DATE ACQUISITION APPROVED BY BCC: 2/ 237/0
AS TO COUNTY:
ATTEST: , ' r''`(' BOARD 0 C NTY COMMISSIONERS
OF COLL E UNTY, FLO
By:
. Kinzel, Depikty Clerk P N AY R, Chair
Attet-as to Chairm
signattir y:s.v.
"Approved as to form and legality" ,1,./\
-\
Jenn Beipedi .A nt County Attorney t?-' tr
Page 4 of 4 .
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F GE '__ OF I
INSTR 6111783 OR 5996 PG 2901
RECORDED 8/13/2021 8:45 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PROJECT: MPS 313 DOC@.70$0.70 REC$27.00
FOLIO 28530360001
ACCESS EASEMENT THIS EASEMENT is made and entered into this /' day of Tr/�
c 7 , 2021, by DORM
COUNTRYSIDE LLC, a Delaware limited liability company, whose mailing (�ddress is 3300 Enterprise Parkway.
Beachwood, OH 44122 (hereinafter referred to as "Grantor"), and BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3335
Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter referred to as"Grantee").
Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and their
respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or
plural, as the context requires.
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the
Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells
unto the Grantee, a perpetual, non-exclusive easement for access upon and across the following described lands
located in Collier County, Florida,to wit:
See attached Exhibit"A"which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS PROPERTY IS NOT HOMESTEAD.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon and across said
land for ingress and egress to Master Pump Station 313 at the Countryside Shoppes commercial center. Grantee
shall be responsible for maintenance of the easement area. The easement granted herein shall constitute an
easement running with the land and shall burden the lands described above. In the event that Master Pump Station
313 is permanently removed by Grantee, this Access Easement shall automatically terminate and be of no further
force and effect.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first
above written.
DDRM COUNTRYSIDE LLC,
a Delaware limited liability company
Witness (Signature) By: t 4A-t, CA.02--7
t3 l3o �42- 2 Print Name: fv ic)-Aet S. d OV-F
(Print 1Mtness Name)
Its: DTA-ill erra l Con,KSe
Witness (Signature)
(Print Witness Name)
Page 1 of 2
PROJECT MPS 313
FOLIO 28530360001
STATE OF OW O
COUNTY OF CUt1alkar
The foregoing Access Easement was acknowledged before me by means of M physical presence or
❑ online notarization, this 8' day of 7k I y 2021. by (Name) t\#\1st An� S• 0 We•AA.010*FF
(Title) 1 1•44+1 9.nuQ( (-ou►+S') of DDRM Countryside LLC. Such person El is personally known to me; or
(, has produced their driver's license; or[, has produced as identification.
j'p��P• • �e�`' NICOLE MULLOY (Signature of otary Public)
3 'I��/ ��'�` Notary Public,State of Ohio y1 to B �l
;*c 's*t Recorded in Geauga County (Print Name) NOTARY PUBLIC
�; My Commission Expires
'=.•s ' Commission # 2d1q' '//0287
,�gTe.6V��.' March 12,2024
My Commission Expires: 3/1L/Z`l
"Approved as to form and legality"
\a\
Jennifer A. Belpedio 'stant County Attorney
kQ
Page 2 of 2
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