Donation Agreement - Naples-Davis Blvd, LLC PROJECT: I-75/Collier Boulevard Utility Relocation Project
FOLIO: 34690080008
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this t otl- day of August , 2021, by and between NAPLES -
DAVIS BLVD., LLC, a Florida limited liability company, as successor by merger to the
following: Davis Crossings, LLC; Davis Crossings II, LLC; Davis Crossings III, LLC; Crossings
IV, LLC; Davis Crossings V, LLC; Davis Crossings VI, LLC; Davis Crossings VII, LLC; and
Davis Crossings VIII, LLC, all Florida limited liability companies,whose mailing address is 7978
Cooper Creek Blvd., University Park, FL 34201 (hereinafter referred to as "Owner"), 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 post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of constructing, operating, and maintaining a water meter
and related facilities over, under,upon and across the lands described in Exhibit"A"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 easement to County at no cost to the County,
unless otherwise stated herein.
2. Prior to the date of closing (the "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 Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless the
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. Owner shall indemnify,defend,save and hold harmless the County against and from,
and to reimburse the County 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 County by reason or arising out
of the breach of Owner's representation under Section 5. This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
7. 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 Owner. The cost of a title commitment shall be paid by County.
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.
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 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.)
11. This Agreement is governed and construed in accordance with the laws of the State
of Florida
(SIGNATURES ON NEXT PAGE)
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC: a Ia3\zo 1(3
AS TO COUNTY:
DATED: O 13 )a'
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzei, Clerk COLLIER COUNTY, FLORIDA,AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
•C41,, ,A.44%C.CArivek-S=C- BOARD THE COLLIER COUNTY
Clerk WATER E DISTRICT
r
By
P n a lor, man
AS TO OWNER: NAPLES—DAVIS BLVD., LLC, a Florida
limited liability company. as successor by
merger to the following: Davis Crossings, LLC;
Davis Crossings II, LLC; Davis Crossings III,
LLC; Crossings IV, LLC; Davis Crossings V,
LLC; Davis Crossings VI, LLC; Davis
Crossings VII, LLC; and Davis Crossings VIII,
LLC, all Florida limited liability companies
WITNESSES
�J Meer an(Manager TmYY.a M iSeury)
e.e.<.w..w..� B omzor ne.ia ii:se:ze dno•
Witness(Signature) Name:Stephen C.Scalione
(Print)
Name:Todd Mathes
(Print) It's:Manager
Witness(Signature)
Name:Cameron Cecil
(Print)
Approved as to form and legality:
Jennife . Belpedio,Assista my Attorney },�
DESCRIPTION
AUNIT 2, AS IN PI AT BOOK 15 FOOT WIDE COUNTY UTILITY EASEMENT LY$NC T54,RACT 2 THEGATOR GATE '��(( R ARECORDS OF RECORDED
COUNTY, FLORIDA,7 SAID G EA EMENTE BEING PMORE EXHIBITIT BEING 3
PARTICULARLY DESCRIBED AS FOLLOWS: f / TRACT 2
Pegs 0 ----- GATOR GATE UNIT 2Ln
COMMENCING AT THE NORTHEAST CORNER OF LOT 6, MARKET CENTER, AS (PB 7, PG 54) a
RECORDED IN PLAT BOOK 41, PAGES 60 AND 61, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NOR IH I INE OF SAID
rn
LOT 6 NORTH 89'42'32" WEST, A DISTANCE OF 56.33 FEET; THENCE S 89°53'34"E 20.00'
DEPARTING SAID NORTH LINE NORTH 00'17'2B" EAST, A DISTANCE OF
166.56 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN N o 0
DESCRIBED; z v 6 6 _m 9
N v75 J .QI
THENCE NORTH 00'06'26" EAST, A DISTANCE OF 15.00 FEET; THENCE ,_,.,a W _o 0 03
SOUTH 89'53'34" EAST, A DISTANCE OF 20.00 FEET TO AN INTERSECTION cJ,z, 3 J a o, U
WITH THE WEST LINE OF PARCE, 104, AS RECORDED IN OFFICIAL RECORDS -0t.o(NI io W
41
HOOK 5773, PACE 518, OF THE PUBI IC RECORDS OF COLLIER COUNTY, o_n CO cv ^ u
En
IORIDA; THENCE ALONG SAID WEST LINE SOUTH 00'06'26" WEST, A o CI:“''''
"' J
DISTANCE Of 15.00 FEET; THENCE DEPARTING SAID WEST LINE v ct o 0 L,
NORTH 89'53'34" WEST, A DISTANCE OF 20.00 FELT TC THE POINT OF Z Tn V
BEGINNING. / N 89°53'34"W 20.00' can
CONTAINING 300 SQUARE F Ell, MORE OR LESS. P.O.B.-J v
4.1
NOTES: a
1. BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM W TRACT 2 4
ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST ZONE. 1983 so,,iv GATOR GATE UNIT 2
DATUM WITH 1990 ADJUSTMENT OBTAINED JTILIZING RTK GPS OBSERVATIONS ON 1" (PB I, PG 54) 3
THE FDOT NETWORK AND REFER TO THE NORTH LINE OF LOT 6, MARKET
CENTER, AS RECORDED IN PI AT BOOK 41, PAGES 60 AND 61, OF THE PUBLIC b 2RECORDS OF COLLIER COUNTY, FLORIDA AS BEING N 89'42'32" W. z 'N aa
2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF.
3. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE v
AND SEAT OR THE DIGITAL SIGNATURE AND DIGITAi SEAL OF A LICENSED FLORIDA
SURVEYOR AND MAPPER. NO ADDITIONS OR DE,FTIONS TO THIS SKETCH & T N 89'42'32" W li I,
0
DESCRIPTION MAP ARE PERMITTED WITHOUT Ti IF EXPRESSED WRITTEN CONSENT 56.33'
OF THE SIGNING PARTY.
P.O.C.
LEGEND NE CORNER OF LOT 6 DRAWN BY: AH I
MARKET CENTER (PB 41, PC 60-61) CHECKED BY: CA
LID o+
POC POINT OF COMMLNCLMLNI 0 5' '0' 20'
POO POINT OF BEGINNING SCALE: 1"
= 10' JOB COOS: 17508 a,
PB ?LAI BOOK SCALE: 1"=10' 0
PG PAGE THIS PLAN MAY HAVE BEEN ENLARGED OR N
OR OFFICIAL RECORDS BOOK REDUCED FROM INTENDED DISPLAY SCALE DATE:10 FEBRUARY 2021
CR COUNTY ROAD FOR RE0RODUCTICN REASONS FILE: 1PG190.SL
Cr
*THIS IS NOT A SURVEY* SHEET: 1 OF 1 v)
SKETCH AND DESCRIPTION ,-
0 Grady Mlnnr and Associates.P.A. DIA ? 4.1
LI
GradyMinor 3900 Via Del Rey A 15 FOOT WIDE COUNTY a
Bonita Springs.Florida 34134 UTILITY EASEMENT a
Civil Engineers . Land Surveyors . Planners . Landscape Architects E
Gen.of Ana PA0005151 Cert.,Awta1A0011513i H,MnesaLC26000266 SECTION 3,TOWNSHIP 50 SOUTH,RANGE 26 EAST 4
TIM MY J[CCYR,fS,P.SM 4
Bonito Springs: 239.947.1144 www.GradyMloor.eom Fort Myers: 239.690.4380 COLLIER COUNTY.FLORIDA R L,CENq/6758
FOR RE FRI4 �.