IQ Water Donation Agreement
PROJECT: IQ Water Telemetry Remote SitesfTarpon Cove
PROJECT No.: 70062.2
FOLIO Nos.: 76450000105
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into by and between TARPON COVE COMMUNITY ASSOCIATION,
INC., a Florida Non Profit Corporation, whose mailing address is c/o Platinum Property
Management, LLC, 1016 Collier Center Way, Suite 102, Naples, Florida 34110, (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, a Political Subdivision of the State of Florida, (hereinafter referred to as "County"),
whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive utility easement for the purpose of access, installation, and maintenance of
irrigation quality water facilities, pipelines, electrical panels, telemetry tower, and other utility
appurtenances over, under, upon and across the lands described in Exhibit "A" (said utility
easement hereinafter referred to as the "Property"), which is attached hereto and made a part
of this Agreement;
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 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. Owner shall convey the Property via a Utility Easement to County at no cost to the
County, unless otherwise stated herein.
2. Following construction, County shall install slatted fencing around the meter
assembly and the proposed control panel and telemetry antenna tower base for security and
aesthetic purposes. County will be responsible for all repairs, maintenance, and related costs
for its above-ground and in-ground infrastructure within the easement area, from the County's
Irrigation Quality Water main up to and including the Irrigation Quality Water meter, valve,
and above-ground piping. The point at which the above-ground piping re-enters the ground
shall be the ending point of County's maintenance responsibility and shall be known as the
Point of Delivery. County shall be allowed to trim trees during construction with no
responsibility for future landscaping or arboreal maintenance, and shall not remove any
existing trees within the landscape buffer area. This provision shall survive Closing and is
not deemed satisfied by the conveyance of Easement.
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PROJECT: 10 Water Telemetry Remote SitesfTarpon Cove
PROJECT No.: 70062.2
FOLIO Nos.: 76450000105
3. Prior to 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 date of Closing.
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. 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.
The cost of a title commitment shall be paid by County.
7. 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.
8. 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.
9. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
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PROJECT: 10 Water Telemetry Remote SitesfTarpon Cove
PROJECT No.: 70062.2
FOliO Nos.: 76450000105
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as of the
dates herein below.
AS TO COUNTY:
DATED: fa/I? /~/ I
ATTEST:
DWIGHT E.,
, \r,.\\\UUUI"'I.I ~
).~';.:. ,,! t.it IJj c.... (ftl:
~~,.<> 1/'. rI/.
BOARD OF COUNTY COMMISSI'.m.~:>- " . :','1. '~(;~~:"';';;'$.;
OF COLLIER COUNTY, FLORID8.~' ,'~\,;H!i';l':1..y.t\'.
THE GOVERNING BODY OF Cqw~I:~. '.;~.' ..........'.......;.;.'...;.....,..1...... :.".:.......;S. '.E'(
COUNTY AND AS EX-oFflCIO~. ~.;. l...(1""..,; t. ;:
GOVERNING BOARD OF llfE QDg.'EIt:'~~'(~';y,';" or:: . -. ::
COUNTY ~EWER ol$Till ". '~*:':,i~"."'.;:;:.' l
. ~ . ',,,,'fr.,~" "~Y' ,,"'..
W ~J' \'..' , ,,' "
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BY- .;). I'm \ \~y"..".
. 'I, v Vl._.~ \".,..
Fred W. Coyle, Chairman ';JJ$~Wlll\\\\\\
TARPON COVE COMMUNITY ASSOCIATION,
INC., a Florida Non Profit Corporation
DATED:
'f /;2.-<f/ /11
/ /
~.J;TNESSES:/ . /
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Witness (Si ature)
Name: /.:'( { C I\( U' (2 (C (((1/ riN
(Print)
k1;,<'S;$l~
Name:!?(fRAft,2,/}- .J- )CELLJ-
(Print)
By:
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t/
Name: Josd.;l WooD
(Print or type)
Title: f?,e E:r' I.D ~
Approved as to form and
legal sufficiency:
BY: ~~')j~
T~ 1\.)1\..)\ 12--~. ~" L
Assistant County Attorney
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