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NBSP Condo Assoc Donation Agreement PROJECT: Reclaimed Water ROW Meter-Naples Business&Storage Park FOLIO No.:00281880007 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between NAPLES BUSINESS & STORAGE PARK CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation, whose mailing address is c/o KMA Company, PO Box 111802, Naples, Florida, 34108, (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 ROW Meter-Naples Business&Storage Park FOLIO No.:00281880007 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 ROW Meter-Naples Business&Storage Park FOLIO No.:00281880007 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates hereinafter stated. AS TO COUNTY: DATED: J - lee 20/2--- ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA,.AS r w � , THE GOVERNING BODY OF COLLIER ;., "', COUNTY AND AS EX-OFFICIO THE �'!� ' GOVERNING BOARD OF THE COLLIER ` a I i _ / CO W T R-SE ER TRICT ,I6ep'`'C erk Fred W. Coyle, Chairman 0\ test a to Cho .,, s Signature °nil, AS TO OWNER: NAPLES BUSINESS & STORAGE PARK CONDOMINIUM ASSOCIATION, INC., a Florida DATED: gid,',1-7- Non Profit Corporation WI ES`i' S ik rt Witne• ignatu e) By: Name: 'RILL!. _�' 'ti Name: �G7 , Kjjqij- t':&&/¼ rint or type) . 'OCA..'- . (40 Li l ess (Signature) /�! //1l/ 1`" // � �,- Title: Z/ b Name:AJ:5 t7 . A /)/VL) (Print) Approved as to form and legal sufficiency: By: D (5-1D ,-2-1L.,L, Jennifer B. White Assistant County Attorney 3 ' EXHIBIT ENTERPRISE AVENUE Page_ L-0 60' RIGHT OF WAY 15' D1� POINT OF COMMENCEMENT AND 114.41 AjN`IGE EAST 1/4 CORNER A R. 9 oNrD'vANU�ILITY SIDEWALK, UTILITY, DRAINAGE T-49—S, R 36 AGES k CE T-49—S, R-25—E 334--334.1,445 EASEME AND MAINTENANCE EASEMENT N? O.R. BOOK 2445, PAGES 3338-3339 T Ii■ I O O O NORTH to GRAPHIC SCALE 0 10 15 20 r-1 .-I o ( IN FEET ) 0 1 inch = 10 ft. 5:45°10'55"E. 8 1/2 X 14 Not to Scale 3.00' N.44°49'05"E. 3.00' ---,„..7 1 POINT OF UTILITY EASEMENT--< — BEGINNING i N.45°10'55"W. 3.00' s.' EAST LINE 'VC. SECTION 36 S.44°49'05"W. 3.00' ic'f0, SECTION 31 50' DRAINAGE EASEMENT T-49—S, R-26—E F- O.R. BOOK 1853, PAGES 2314-2315 5=. CO 00 DESCRIPTION ALL THAT PART OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 0 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; 1 COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 36; O THENCE ALONG THE EAST LINE OF SAID SECTION 36, SOUTH 00°16'41" z WEST 60.00 FEET; ww O THENCE LEAVING SAID LINE AND ALONG THE SOUTHWESTERLY LINE OF w A ROAD RIGHT OF WAY, SIDEWALK, UTILITY, DRAINAGE AND cn MAINTENANCE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK _w 2445, PAGES 3338 THROUGH 3339 OF THE PUBLIC RECORDS OF w co COLLIER COUNTY, FLORIDA NORTH 45°10'55" WEST 15.50 FEET TO THE c-),�"' a POINT OF BEGINNING OF THE UTILITY EASEMENT HEREIN DESCRIBED; H �c� C THENCE LEAVING SAID LINE, SOUTH 44°49'05" WEST 3.00 FEET; w c\t THENCE NORTH 45°10'55" WEST 3.00 FEET; wz 4 g Z THENCE NORTH 44°49'05" EAST 3.00 FEET TO A POINT ON THE oo SOUTHWESTERLY LINE OF SAID ROAD RIGHT OF WAY, SIDEWALK, '-4 w V) Crl UTILITY, DRAINAGE AND MAINTENANCE EASEMENT; w THENCE ALONG SAID LINE SOUTH 45°10'55" EAST 3.00 FEET TO ° pp, THE POINT OF BEGINNING OF THE UTILITY EASEMENT HEREIN DESCRIBED. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EASEMENT CONTAINS 9.0 SQUARE FEET MORE OR LESS. • . SKETC�l!� M �n ��Ct t.c.-- 7 ' e.;1 - 3. 17' 12-- H AND BESC o.�MoON MARCUS L.BERMAN,P.S.M. (UTILITY EASEMENT) FLORIDA SURVEYOR&MAPPER LS 5086 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 36, COLLIER COUNTY SURVEYOR TOWNSHIP. 49 SOUTH, RANGE 25 EAST COLLIER COUNTY Engineering Services Dept. Growth Management Division GENERAL NOTES: Planning and Regulation 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE ASSUMED AND BASED ON THE EAST LINE OF 2800 North Horseshoe Drive,Naples Florida 34104 SECTION 36, BEING,SOUTH 00°16'41"WEST. Phone:239-252-6885 Fax 239-252-6476 FIELD BOOK 4, PAGE 46,48 3.THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED Date: SCALE: Project: File No: SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2-27-12 1 1" = 10'I PRODUCTION PARK 2012-QQ2 H:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\IQ Meters\2012-002 Production Park Utility Easement.dwg,3/7/2012 7:31:04 AM ORIGINAL DOCUMENTS CHECKLIST & ROU.TING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date . (I ist in routing order) 1. 2. 3. 4. • 5. Ian Mitchell, BCC Office Board of County Commissioners 5/40b2 . Supervisor 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff C��� :) Phone Number 8015 Contact C.�(..E� Agenda Date Item was 2-6 Agenda Item Number Approved by the BCC 2 /y O "'3 7 '3 f0 "68/ Type of Document QQ.//�� ��,,�� Number of Original Attached /I vr'46��"GIl1 y Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's G+� Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain 07/ time frame or the BCC's actions are nullified. Be a are of your deadlines! 6. The document was approved by the BCC on //6 (enter date)and all changes, made during the meeting have been incorporat d t the attached document.The County Attorney's Office has reviewed the changes,if applicable. is Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 9.18.09 MEMORANDUM Date: May 17, 2012 To: Toni Mott, Property Acquisition Manager Facilities Management Hans Russell, Property Acquisition Sr. Specialist Facilities Management Michael Dowling, Property Acquisition Sr. Specialist Facilities Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Donation Agreement Folio #00281880007 Attached is one (1) copy of the original document referenced above (Item #16B1), approved by the Board of County Commissioners on Tuesday, February 23, 2010. The original document can be found on the Clerks website, in the BMR Real Property folder, titled - Reclaimed Water ROW Meter (Naples Business & Storage Park) under the aforementioned folio number. The original has been kept by the Minutes & Records Department as a part of the Board's Official Record. If you should have any questions, please contact me at 252-7240. Thank you.