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Parcel 111FEE1 I . , .;..... .-#1 PROJECT: Collier Blvd. Project No. 68056 PARCEL No(s): 111 FEE1 FOLIO No(s): a portion of 24825000025 DONATION AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this \ rr -+l-day of 1\1 OIlCM\o..o.f" , 2008, by and between SEMBlER FAMilY PARTNERSHIP #41, lTD., a Florida Limited Partnership, whose mailing address is 5858 Central Ave., St. Petersburg, FI 33707 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County by Quitclaim Deed a parcel of land described in Exhibit "A" , which is attached hereto and made a part of this Agreement (the "Property"); 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. 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Quitclaim Deed) is hereinafter referred to as the "Closing." 3. Prior to Closing, Owner shall use commercially reasonable efforts to obtain from the holders of any mortgage, lien or other instrument 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. At or prior to Closing, Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. County shall pay all fees to record any curative instruments required to clear title, all Quitclaim Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property. 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 this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or 10, :- ....." contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein other than the Quitclaim Deed conveying the Property to County 7. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: "DA-:TEIi).:<,,<;J~ l () \"" ,~M~tl> ',\; ~/~~...'" ;."c'<. .: i"I.'1;\'1 I ESl:.",~.. i fljtf{J,r-H~~",i3IiO.,',' CK, CICZc ~_ ~;. \~'~:~.';? . J.,'::) '. - . ;'.. : !-.-;o ... "Ji- . d. ,.',~ f "D" C ~ .~', ..' ,f.!c,{ /'/ ' . eputy lerk At'~~\ ~~\ :~,~~"11""'" s 1 QnatureL-on I '" BY' TOM HENNIN COMMISSIONERS LORIDA AS TO OWNER: SEMBLER FAMILY PARTNERSHIP #41 , LTD., a Florida Limited Partnership By: SEMBLER RETAIL II, INC., A Florida Corporation, General Partner Witnesse" s: .~ c--:Jq Qay (Signature) By: ~Q~' ,/ --6.~6YV-fSseM6LEe (Print Full Name) ~<SI DEt-J1 (Title) Approved as to form and legaIAuffici;ncy: BY: ~ J ef , right, Assistant County Attorney Donation Agreement-2816981 v2 Last Revised: 8/20/08 ^-. " ....., ~ !! i t:i ~ i N w+, e i !l 8 ~ S ~ ~ . I Il i EXHIBIT II (j Page-L ct....l- 660'(P) 8 ;!; '" Ul 105' WIDE -PER PLAT BROOKS VILLAGE PB 99, PG 27 660'(P) c ~ ::> o Ql 8 j; ill iI' ~ ! ~ i' t . t PROPOSED RlGHT OF WAY ~ T r PARCEl 111 FEEl " ~,:~;:~-:.~. {'I t 169 SO. n.. ':V '. \ ;' 0' '. ,(""<. ......., f ~$l ~', :>1>?" '>- ':l .,..... ,/ // "'2.s{OO' / ,/ ,.,/ /~90'" . . / /: V<Oo' / ///As{~ / -:-..,', -!:~ ", 10 ~D pcl ~ "/./ <---:.<' .' ///(660'(P)(1 , /~(;:1 ~11TH AVE. S.W,r-/... ...., / / ;.. X .,.~>...,: t ----+ I j- 60' WIDE PER PLAT POINT OF' ... COMMENCEMENT 2_______ ___~ f ~g 3 PO'NT Of' t SOUTH UNE OF aEOI'ltllNC &' PlAT OF ... BROOKS V1UAGE ~ R~~V III 3 o u 8 it ill I ~ ! ~ j o o + lQ UNE Ll L2 L3 L4 L5 LINE TAaLE BEARING N00'29'013"W SB9'31'05'w SB9'31'05"W N33'12'29"E SOD"29'OS"E LENGTH 30.00' 5,00' 15,00' 27,04' 22050' OR - OFFICIAL RECORDS (BOOK/PAGE) PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBUC PER PLAT BOOK 7, PAGE 15 TRACT R-l, PLAT BOOK 99, PAGE 27. PUBUC RECORDS, CLOOIER COUNTY, FLORIDA LEGAL OESCRlPTION FOR PARCEl lllFEEl A PORTION OF TRACT or (FUTURE DEVElOPMENT') OF. THE PLAT OF BROOKS VILLAGE AS RECORDED IN PLAT BOOK 99, PAGE 27 OF THE PUBUC RECORDS OF COLUER COUNTY. FLORIDA, LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLUf;R COUNTY, FLORIDA BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHEAST CORNER Of' SAlD TRACT R-l AS RECORDED IN PLAT BOOK 99, PAGE 27 OF THE . PUBUC RECORDS Of' COLUER COUNTY. FLORIDA; THENCE N.00'29'0B"W,. ALONG THE EAST LINE Of' SAID TRACT R-l, FOR 30.00 FEET; THENCE S.S9'31'05"W,. FOR 5.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE S.B9'31'05'W., FOR 15.00 FEET: THENCE N.33'12'29"E., FOR 27.04 FEET, TO A POINT ON THE WEST UNE OF SAID TRACT R-l; THENCE ALONG THE SAID WEST UNE Of' TRACT R-l, S.00'29'DB" E,. FOR 22.50 FEET TO THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL ~ r;Y,~;(,J " 1 1',><." '1 lZZ1 FEE SIMPLE INTEREST CONTAINING 169 SQUARE FEET MORE OR LESS. SKETCH &: DESCRIPTION ONLY NOT A BOUNOARY SURVEY 8CloLB' l.wBO' fOR: COWER COUNlY GOVERNMENT BOARO OF COUNlY COMMISSIONERS COLIJER BOtlLEVARD SKETCH & DESCIUPTIDN OF: PROPOSED RIGHT OF 1YAY PARCEL 11lFEEl COLLIER COUNTY, FLORIDA 40 80 IGO rmWJilt / A. \'fI'.RQ. PROFESS/II su_ I ..OR~ IIfa:J51'AAlJON :J M' ..- P<lEl VQ NOT VAlJU WIl1-1aU'I nr( ORIGIfAt. ~lU RAIS o.moSSEO SEAl. gp' A f1.OR~ RCCISIERm PROFtS$JOtML SURvrt R AN MIlPPER. D'ITAlHll~ ..i.O~SF-flN'j.. ~~ Gila WJIIowP_ DrIve. $\Ills 200 NaJI/.. F1cric1134108 ....." IZ30l 597_. FAX: (23"597.0578 La No.' 59ft FILE NAME SHEE r UN26 SK111 FEEl OF 1 This Instrument Prepared By and Return to: 4257146 OR: 4424 PG: 2374 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, lL 02/03/2009 at 09:05AN DWIGHT E. BROCK, CLERK REC m coms 44.00 5.00 Howard S. Miller, Esq. Trenam Kernker 200 Central Avenue Suite 1600 St. Petersburg, Florida 33701 Retn: CLERK TO THE BOARD INTEROmCE 4TH !LOOR BIT 8411 lOB Space above this line for recorder's use only CORRECTIVE AMENDMENT TO OillTCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT AND RELATED DOCUMENTS THIS CORRECTIVE AMENDMENT TO QillTCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT AND RELATED DOCUMENTS ("Amendment") is made as of the 2.0~day of .J6.IIILC.. r'i, , 2009, by SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida limited parln ShIp, havmg a mallmg address of 5858 Central Avenue, St. Petersburg, Florida 33707 ("Sembler") and COLLIER COUNTY, a political subdivision of the State of Florida ("County"). RECITALS: A. Sembler has previously executed and recorded in the Public Records of Collier County, Florida (the "Public Records") that certain Quitclaim Deed dated November 17, 2008, and recorded in O.R. Book 4413, at Page 0905, of the Public Records (the "Q/C Deed"). B. Sembler has previously executed and recorded in the Public Records that certain Temporary Construction Easement dated November 17, 2008, recorded in O.R. Book 4413, Page 0910 of the Public Records (the "TCE"). C. In connection with the Q/C Deed, Sembler and County previously executed that certain Donation Agreement dated November 17, 2008 (the "Donation Agreement"), and Wachovia Bank, National Association ("Wachovia") previously executed and recorded in the Public Records that certain Partial Release of Mortgage dated November 20, 2008, and recorded in O.R. Book 4413, Page 0901 of the Public Records (the "Partial Release"). D. In connection with the TCE, Sembler and County previously executed that certain Temporary Construction Easement Agreement dated November 17, 2008 (the "TCE Agreement"), and Wachovia previously executed and recorded in the Public Records that certain Subordination, Consent and Joinder of Easement dated November 17, 2008, and recorded in O.R. Book 4413, Page 0914 of the Public Records (the "Subordination, Consent and Joinder"). The Q/C Deed, TCE, Donation Agreement, Partial Release, TCE Agreement and Subordination, Consent and Joinder are referred to hereinafter collectively as the "Documents". Corrective Amendment-2985590v2 OR: 4424 PG: 2375 lOB E. Exhibit A to each of the Documents incorrectly refers to the Plat of Brooks Village as having been recorded in Plat Book 99, Page 27 of the Public Records, rather than in Plat Book 49, Page 27 of the Public Records. F. The purpose of this Amendment is to correct the incorrect recording information for the Plat of Brooks Village included in each of the Documents. AGREEMENT: NOW, THEREFORE, each of the Documents is hereby amended as follows: 1. Recitals. The recitals are incorporated herein as if set forth in full. 2. Corrective Amendment. Exhibit A attached to each of the Documents is hereby amended by replacing each ofthe references to the Plat of Brooks Village as being recorded in "Plat Book 99, Page 27" (or "PB 99, PG27") of the Public Records with "Plat Book 49, Page 27" (or "PB 49, PG27") of the Public Records. 3. Representations. The persons executing this Amendment and/or the joinder attached hereto represent and warrant that they have all requisite authority to execute this Amendment and/or such joinder (as applicable). 4. Ratification. Except as amended or modified by this Amendment, the terms of the Documents shall remain in full force and effect. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall be taken to be one and the same instrument, for the same effect as if all of the parties hereto (including all parties executing joinders) had signed the same signature page. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. Signatures Begin on Following Page Corrective Amendment-2985590v2 2 OR: 4424 PG: 2376 SEMBLER'S SIGNATURE PAGE 108 Witnesses: SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida limited partnership d~Ql~# Print Name: TF '\ / L[ALT~RUMM[ ;( .L L L -IZ .\J C r---.- Pri~t ame: Judie K (31 j .. .' enn By: Sembler Retail II, Inc., a Florida corporation, its General Partner ~~~~~FR Its: _/2.E'')1 DEN STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Corrective Amendment to Quitclaim Deed lW.\!. Temporary Construction Easement and Related Documents was acknowledged before me this ~ day of JANUAIVi 2009, by heffioE4 5. ~s _PIZE5\ OBNT of Sembler Retail II, Inc., a Florida corporation, the general partner ofSEMBI,ER FAMILY PARTNERSHIP #41, LTD" a Florida limited partnership, on behalf of such entities, LiJ who is personally known to me or LJ who has produced as identification. W'i-":~' MICH'CLLE M. MCINTOSH €': "'j MY COMMISSION # DD109960 " EXPIRES Augusl29. 2011 . (47)3" ..0153 florld.Nota ServiCe.com (Notana - lb~~. )X~ Print Name: !VI I u...e tv!. IJIq N'fDC,:,/.f NOTARY PUBLIC My Commission Expires: Corrective Amendment-2985590vl 3 OR: 4424 PG: 2377 lOB COUNTY'S SIGNATURE PAGE By: ' ..' "i:;' ;Deputy Clerk -~tt!,t~t,'fo ~4 1l'1l4n I .t.t,on4t....'~t. '~( BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B, ;JJ~ d<t~ Name:~.... .-.4 FlA. {A., Its: CYla,'...."""a h STATE OF FLORIDA COUNTY OF COLLIER . e 'at SUffiCien~ right, Assistant County Attorney Jeff The foregoing Corrective Amendment to Quitclaim Deed and Temporary Construction Easement and Related~;wnents was ackn~dged.before me this ~day of ~6(V~009, by o f}1I~ Z / A , as C . ,..,.",..,... of The Board of County Co issioners of Collier County, Florida, [~who is personally known to me or [.-:I who s produced as identification. (Notarial Seal) NOTARY PUBLIC My Commission Expires: .,.'I>I!:Ii:1" 'i~"j':~ CAROlYNSUEAUION ~ !" MY COMMISSION * 00 748130 "...r,:u ' ',' EXPIRES: April 28, 2012 IlIl" BondtdThruNocaryPllblcUndtrwliters Corrective Amcndment-2985590v2 4 *** OR: 4424 PG: 2378 *** JOINDER AND CONSENT TO CORRECTIVE AMENDMENT TO QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT AND RELATED DOCUMENTS lOB THE UNDERSIGNED, WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association ("Bank"), hereby consents to, approves and joins in the execution of this Corrective Amendment to Quitclaim Deed and Temporary Construction Easement and Related Documents to which this Joinder and Conscnt is attached. 1,1 IN WIT~SS WHEREOF, the undersigned has caused this Joinder and Consent to be executed this n day of ...J C/(I '^ 1Ii:J ' 2009. Witnesses: (Notarial Seal) l1:.:''':;;'V:~~b\ j~:.A,~i ",i',,~,,",,'~ "./it,.lfl"- JANICE K. TICE 'n' ooMMISSION , DO 405417 .~plf!~S: April 27, 2009 llool~ft\I\jNOlI.~PubIIcUnd6rwtiters Corn:clive Amcndment~2985590v2 WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association ~;~/~'11-1w;:,:=::/h> Its: ~]),ri' C;;fv."- 'ce..... 1.1/2-7/01 I f 5