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Club Pelican Bay Donation Agreement PROJECT:Reclaimed Water-The Club Pelican Bay FOLIO No.:66674441453 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE CLUB PELICAN BAY, INC., a Florida Non Profit Corporation, whose mailing address is 707 Gulf Park Drive, Naples, Florida, 34108- 8202, (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 reclaimed water facilities 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. County will be responsible for all repairs, maintenance, and related costs for its above-ground and in-ground infrastructure within the easement area. This provision shall survive Closing and is not deemed satisfied by the conveyance of Easement. 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. 1 PROJECT:Reclaimed Water-The Club Pelican Bay FOLIO No.:66674441453 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. (This space intentionally left blank) 2 PROJECT:Reclaimed Water-The Club Pelican Bay FOLIO No.:66674441453 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates hereinafter stated. AS TO CObZ/(.NTY: DATED: 111 Z•biz_ ATTEST: BOARD OF COUNTY COMMISSIQNtRS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA,AS THE GOVERNING BODY OF COLLIER •` w ' COUNTY AND AS EX-OFFICIO:THE �: �•� GOVERNING BOARD OF THE=COLLIER COUNTY TE -SEWER IS'ER T - By: - « �pp �l�rk Fred W. Coyle, Chairman • St430' AS TO OWNER: THE CLUB PELICAN BAY, INC.,I a Florida Non Profit Corporation DATED: --f1 t ''{' ao Q a 6NESSE . _11/./ /. , /IL . . ltness (Signature) ; • By: Name: • & .j. )�.i [ (Lcy (Print) /,, ` Name: # ret}&LEc (Print or type) Witn-ss (Signature) I �, ) Title: actkiNiefn. Name: 14 S ' 1 L l O (Print) Approved as to form and legal sufficiency: By: Jennifer B. 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D Z m m I m 0 0 I D �� 00 I v CZ 0Or � m m z = K co O_ In m ?7 � r 0 Tt mm v 0 --I m - ODZ o 0 m -IC 1Z m Zm N EXHIBIT fT February 8,2012 �1L�- Page y Of DESCRIPTION PART OF PARCEL"G-C" PELICAN BAY UNIT TWELVE PLAT BOOK 17,PAGE 83 SECTION 4,TOWNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA A tract or parcel of land lying in Parcel "G-C", Pelican Bay Unit Twelve as recorded in Plat Book 17, page 83, public records of Collier County, Florida, which tract or parcel is more particularly described as follows: Commencing at the southwest corner of Parcel"C",Pelican Bay Unit Fourteen as recorded in Plat Book 16, page 23, said public records, also being a point on the west line of Parcel "G-C", Pelican Bay Unit Twelve as recorded in Plat Book 17, • page 83, said public records, thence South 10°33'27"East on said west line for 96.27 feet to the Point of Beginning. From said Point of Beginning thence North 84°48'50" East departing said west line for 43.90 feet; thence South 05°11'10" East for 12.35 feet; thence South 84°48'50" West for 42.74 feet to an intersection with said west line; thence North 10°33'27" West on said west line for 12.41 feet to the Point of Beginning. Parcel contains 535 square feet(0.01 acres),more or less. Bearings hereinabove mentioned are based on State Plane Coordinates, Florida Zone East, North American Datum of 83 (NSRS 2007) wherein the west line of Parcel "G-C", Pelican Bay Unit Twelve as recorded in Plat Book 17, page 83, public records of Collier County, Florida, bears South 10°33'27" East. (Not Valid Without Sheet 1 of 2) Sheet 2 of 2