GB Penisula Donation Agmt
PROJECT: Roost Road-Fiddlers Creek loop
FOLIO: 32433044863
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and befween GI PENINSULA, LTD., a Florida Rmited partnership. in its capacity as
debtor-in-possession. in jointly administered Case No. 9:10-bk-03846 United States Bankruptcy
Court Middle District of Florida (hereinafter referred to as "Owner"). whose post office address
is 8156 Fiddler's Creek Parkway. Naples Rorida 34114. and the 10ARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. AS THE GOVERNING 10DY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING 10ARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT.
(hereinafter relerred to as "County"). whose maiRng address is 3301 Tamiami Trail East. Naples.
Florida 34112.
WITNESSETH:
WHEREAS. County has requested that Owner convey to the County a perpetual. non-
exclusive utmty easement lor utility and maintenance facilities purposes and access over. under.
upon and across the lands described in Exhibit "A" (said utiRty easement hereinafter referred to
as the "Property"). which is attached hereto and made a part 01 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 fo convey the Property to
the County tor 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 ofTen Dollars ($10.00). and
other good and valuable consideration. the receipt and sufficiency of which is hereby mutually
acknowledged. it is agreed by and befween the parties as follows:
1. Owner shall convey the Property via an utility Easement to County at no cost to the
County. unless otherwise stated herein.
2. 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.
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. Owner represents that the property and all uses of the Property have been and
presenfly 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 low 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 tille.
5. The County shall pay for all costs of recording the conveyance instrument. and
recording costs for any curative instruments. in the Public Records 01 Collier County, Rorida. All
other costs associated with this transaction sholl be borne and paid by County. The cost of a
tille commitment shall be paid by County.
6. 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
This Convey.nee Approved Dy
The Board Of County
Commissioners
Collier County rlorida,
Pursuant To Agen1a . '" I
Date:'~/,,31ID"ltemNo: Ivu
the parties hereto and their respective heirs. executors. personal representatives. successors.
successor trustees, and/or assignees. whenever the context so requires or admits.
7. 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.
8. This Agreement is governed and construed in accordance with the lows of the State
of Florida.
IN WITNESS WHEREOF. the parties have caused these presents to be executed as of the
dates set forth below.
DATE ACQUISITION APPROVED BY BCC: Resolution 2010-39.
AS TO COUNTY:
BOARD OF COUNTY COMMISSIONERS
COlLIER COUNTY. FLORIDA
BY: ' ",1;.. '.
FRED W. COYLE. Chairman
GB PENINSULA. LTD.. a Florida limited
partnership. In its capacity as debtor-in-possession.
in joinlly administered Case No. 9:1D-bk-03846
United States Bankruptcy Court Middle District of
Florida
~ .
1 ~__ -W 1.. tL . ~
Wi ness (S'9.nature)
Name: ~U$4n AA:\"t..
(Print)
ess~lgnat r~) .!
e:' L.
(Print
sident and not
By:
nsula. Inc.. a FI
general,fiildffii9
V~
rallon
Approved as to form and
legal suffICiency:
Sl1)"'U~
Jennifer B. While
Assistant County Attomey
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