PB Sidewalk Improvements Phase 2 Donation Agreement (Folio #66278200003) PROJECT: P8 Sidewalk Improvements Phase 2
Parcel No.:66278200003
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement') is made and entered
into by and betweer CHANTECLAIR OF PELICAN BAY HOMEOWNERS ASSOCIATION, INC., a Florida not-
for-profit corporation, (hereinafter referred to as "Grantor'), whose mailing address is C/O Newell
Property Management, 5435 Jaeger Rd. #4, Naples, FL 34109-5802, and COLLIER COUNTY (hereinafter
referred to as "Grantee"). whose mailing address is 3335 Tam'am; Trail East, Suite 101, Naples, Florida
34112.
WITNESSETH:
WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non-
exclusive easement for the purpose of constructing, and maintaining. of a sidewalk 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, Grantor desires to convey the Property to Grantee for the stated purposes, on the
terms and conditiors set forth herein; and
WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the
Grantee for the stated purposes. on the terms and conditions set forth herein, said terms including that
no compensation shot be due one payable for the Property requested by Grantee; 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 agreea by and between the parties as follows:
1. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the
Grantee. unless otherwise stated herein.
2. Prior to Closing, Grantor 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. Grantor shall provide such instruments, property executed, to Grantee 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 Grantee executes this Agreement; provided: however, that
Grantee 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 Grantee's enjoyment of the Property.
4. Grantor is aware and understands that this Agreement is subject to the acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
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5. Grantor 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 Grantee; that the Grantor 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 Grantee, that the
Grantor 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. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from,
and to reimburse the Grantee 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 Grantee by reason or arising out of the breach of Grantor's
representation under Section 5. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. The Grantee shall pay for all costs of recording the conveyance instrument, and recording
costs for any curative instruments, in the Public Records of Colter County, Florida. Grantee 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 oe borne and paid by Grantor. The cost of a title
commitment shall be paid by Grantee.
8. This Agreement and the terms and provisions hereof shalt be effective as of the date this
Agreement is executed by both parties and shalt 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 Grantor 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 Grantor holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others. Grantor 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 Grantee, its successors and assigns. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 51/. 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
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Donation Acreerrent 2
IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first
above written. �J f1
DATE ACQUISITION APPROVED BY BCC: Ial. -p13-a 110 leso atD/Q -39
AS TO GRANTEE:
DATED: //4..z
ATTEST: ;
CRYST 'K.°K1NZEL,Clerk of the Circuit BOARD OF COUNT' . .. •NERS
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Court ji+d c Sppnotrpl(er COLLIER/COUNTY,F •'sr,
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Attu aat r4,,,!p.,lo` t erk r
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Sigllat � ��� , William L. cDaniel, Jr., Chairman
AS TO GRANTOR:
CHANTELCLAIR OF PELICAN BAY
witness!Signor 1 HOMEOWNERS ASSOCIATION. INC.,
a Florida not-for-profit corporation
Print Name
witness r e .0,,--. Gory Ske a .its Pr sident
Print Name: Ai.- •
Approved as to r nd legality:
�pAARvgs� Cynthia Jackson
a- icn NOTARY PUBLIC
o L STATE OF FLORIDA
Je A. Belpedio �" ,��2 y ;i,y�a
Assistant County Attorney \0 sigCE 19�4,' EXpi GG9478;
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LEGAL DESCRIPTION ATTACHED .T....`.......7. .r.."�• I
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LEGAL DESCRIPTION SIDEWALK EASEMENT 21
ALL THAT PART OF CHANTECLAIR OF PELICAN BAY,A CONDOMINIUM,AS RECORDED IN
OFFICIAL RECORDS BOOK 1262,PAGE 478,COLLIER COUNTY,FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID CHANTECLAIR OF PELICAN BAY,
SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF CHANTECLAIR MAISONETTES
OF PELICAN BAY,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1409,
PAGES 1414-1499,COLLIER COUNTY,FLORIDA,THE NORTH RIGHT-OF-WAY OF
GLENVIEW PLACE AND THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
WHOSE RADIUS POINT BEARS S 39°21'45"E AND HAVING A RADIUS OF 57.00 FEET;
THENCE ALONG THE SOUTH BOUNDARY OF SAID CHANTECLAIR OF PELICAN BAY AND
SAID NORTH RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 32°02'57"AN ARC DISTANCE OF 31.88 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 42.40 FEET;
THENCE CONTINUING ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-
WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°30'57"AN
ARC DISTANCE OF 8.52 FEET;
THENCE N 71°10'15"E A DISTANCE OF 8.37 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 60°36'53"E AND
HAVING A RADIUS OF 58.04 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED;
THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°58'39"AN ARC DISTANCE
OF 7.07 FEET;
THENCE N 66°36'17"E A DISTANCE OF 3.66 FEET;
THENCE S 51°50'49" E A DISTANCE OF 2.26 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N OI°16'30" E AND HAVING
A RADIUS OF 109.90 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF I 1°18'25" AN
ARC DISTANCE OF 21.69 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND
SAID NORTH RIGHT-OF-WAY;
THENCE ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY S 7l°10'15" W
A DISTANCE OF 24.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 80 SQUARE FEET.
REFERENCE ABB DRAWING#12735-SD7
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