Naples HMA Donation Agreement PROJECT:Reclaimed Water Telemetry Nineyards South
FOLIO No.:80670080001
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into by and between NAPLES HMA, LLC, a Florida limited liability
company, successor in interest to Naples HMA, Inc., a Florida corporation, whose mailing
address is 5811 Pelican Bay Boulevard, Suite 500, 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 (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112-5356.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for access over, upon, through and across the lands described in Exhibit
"A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as
the "Easement Area"), together with access over and upon the established drives and parking
areas of Owner's Pine Ridge Road medical center facility to access the Easement Area from
the public right of way of Napa Boulevard, all for purposes necessary to gain access to
County's reclaimed water utility facilities lying westerly and northerly of Owner's property at
this location; and
WHEREAS, Owner desires to convey an Access Easement to County over the areas
described (hereinafter referred to as the "Easement") for the stated purposes, on the terms
and conditions set forth herein; 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. Owner shall convey the Property via an Access Easement to County at no cost to
the County, unless otherwise stated herein.
2. County will exercise the rights granted by the Access Easement in a responsible and
non-disruptive manner, and shall be responsible for any repairs and related costs occasioned
by County's use for access purposes. Such access by County shall not unreasonably
interfere with Owner's operations. Any damage caused to the Owner's property as a result of
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the County's use of the property for access purposes shall be promptly repaired by County at
its sole cost and expense. This provision shall survive Closing and is not deemed satisfied
by the conveyance of Easement.
3. County has confirmed the ownership of the lands underlying the Easement to be
granted pursuant hereto, and Owner and all its related entities make absolutely no
representations or certifications with regard to same. This provision shall survive Closing and
is not deemed satisfied by the conveyance of Easement.
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. 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.
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 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 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 contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
8. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
[Signatures follow]
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IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the
dates stated herein below.
AS TO COUNTY:
DATED: ,,
ssk ATTEST: BOARD OF COUNTY COMMISSIONERS
QWIT:E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OFCOLLIER v
COUNTY AND AS EX-OFFIc jO THE
GOVERNING BOARD OF THE COLLIER
- tR. COUN W TER-SEWER DIS CT '\ .
•
BY:
t, toy
ax t1 _to ,M1Ie/k Fred W. Coyle, Chairman
I1 pnaS,r "! la .1..
AS TO OWNER:
NAPLES HMA, LLC, a Florida
DATED: ,TfU)L1 3i, 2o/2- limited liability company
WITNESSES: BY: Hospital Management Associates, Inc.,
2 rIi IF— �rct� Its Manager,
Witness (Signature)
r BY: .., !id
n (1rina /\ria_S 1 W
Printed Name Linda I . ; 'in
Printed Name
Jv v ai 1u10' )Qj 'jee rPc dentd QCfin9 SecYeiAi
Witnes(( ignature) Title
Macop,re AL0 1V,t,L
Printed Ne
Approve' as 1.k•rm - ° .
legal su ; i= •
I
By. ��hp _ /` _ 0 Mott-6.4
' ? t:.: Bounty Attorney
3
i
I1—,J EXHIBIT "A"
PAGE L OF /
SKE7C i AND DD ESCG OG?ll BOO N
20'UTILITY EASEMENT ACCESS [ QS[ M LE ft
O.R.BOOK 2426,pgs 1951-1958
A PART OF RIGHT OF WAY PARCEL 121, OFFICIAL RECORD
BOOK 907, PAGES 637 THROUGH 643, AND BEING A PART
EXISTING OF SECTION 8, TOWNSHIP. 49 SOUTH, RANGE 26 EAST
\ DIRT ROADWAY OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
\
\
\
1
1
TRACT L-1
\\ D.E. (LAKE) ilk
THE VINEYARDS UNIT ONE ,
to \ PLAT BOOK 14,PAGES 67-74 •P.0.8.
N \ ACCESS EASEMENT
g 107.28' PLAT
N 89°47'43"W NORTH
9174 LLENGTHO82.00'7 GRAPHIC SCALE
15.54' RADIUS=965.00' o 100 tyo 200
\ CB=N.02°13'47"W.
:, CD=81.97'
1
( IN FEET )
:\ 1 inch = 100 ft.
P.O.c. 8 1/2 X 14 Not to Scale
NORTHWEST CORNER
`:.\ TRACT"B"
<A TRACT B
so ``N THE VINEYARDS UNIT ONE
e ) YA PLAT BOOK 14,PAGES 67-74
,, y
o Cp DESCRIPTION
ALL THAT PART OF RIGHT OF WAY PARCEL 121,AS RECORDED IN OFFICIAL RECORD
1�WEST LINE -2-4",,.e
SECTION 8 °0, :::::A,, BOOK 907,PAGES 637 THROUGH 643 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
2
o a, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
0 . .t COMMENCING AT THE NORTHWEST CORNER OF TRACT"B"OF THE VINEYARDS UNIT
c,...;:.N ONE,AS RECORDED IN PLAT BOOK 14,PAGES 67 THROUGH 74 OF THE PUBLIC
CV {�' RECORDS OF COLLIER COUNTY,FLORIDA;
(N THENCE ALONG THE BOUNDARY OF SAID RIGHT OF WAY PARCEL 121,NORTHERLY,
•:•::•'
Y 82.00 FEET ALONG A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST,
::� HAVING A RADIUS OF 965.00 FEET,THROUGH A CENTRAL ANGLE OF 04°52'07"AND
a :; BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 02°13'47"WEST 81.97 FEET;
THENCE NORTH 89°47'43"WEST 91.74 FEET TO THE POINT OF BEGINNING OF THE
-.� ACCESS EASEMENT HEREIN DESCRIBED;
EXISTING r\ THENCE LEAVING SAID LINE SOUTH 14°58'02"EAST 742.46 FEET;
DIRT ROADWAY
:;::::\ THENCE NORTH 82°42'20"EAST 17.74 FEET TO THE EDGE OF THE ASPHALT
co --::::::; PARKING LOT;
z :'::1 THENCE ALONG SAID EDGE OF ASPHALT,SOUTH 07°17'40"EAST 20.00 FEET;
a.E. THENCE LEAVING SAID EDGE OF ASPHALT,SOUTH 82°42'20"WEST 30.18 FEET;
THENCE NORTH 14°58'02"WEST 764.68 FEET TO A POINT ON THE BOUNDARY OF
{ SAID RIGHT OF WAY PARCEL 121;
o .::::\ THENCE ALONG SAID LINE SOUTH 89°47'43"EAST 15.54 FEET TO THE POINT OF
'::1 BEGINNING OF THE ACCESS EASEMENT HEREIN DESCRIBED.•
\.:_`a CONTAINING 0.27 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
FP&L PADS ',g'\ N.82°42'20"E.
1 17.74'
S.07°17'40"E. 20.00'
APPROXIMATE EDGE OF ASPHALT PARKING
S.82°42'20"W.
30.18'
\
\ _
PREPARED BY:
. .'27 1)l Z --- _
MAR, US L.BERMAN,P.S.M.
FLORIDA SURVEYOR&MAPPER LS 5086 . •
COLLIER COUNTY SURVEYOR-
GIENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. COLLIER COUNTY
2. BEARINGS ARE ASSUMED AND BASED ON THE WEST LINE Engineering Services Dept. Growth Management Division
OF SAID SECTION 8, BEING NORTH 00°12'17"EAST. g g p g
3. LEGEND: Planning and Regulation
O.R.=OFFICIAL RECORD BOOK 2800 North Horseshoe Drive,Naples Florida 34104
A.E.=ACCESS EASEMENT P
P.O.B.=POINT OF BEGINNING Phone:239-252-6885 Fax 239-252-6476
P.O.C.=POINT OF COMMENCEMENT Date: SCALE: Project No: File No:
FP&L=FLORIDA POWER AND LIGHT COMPANY
04-13-2012 1"= 100' VINEYARDS 8-49-26 2012-004
H:\Planning and Regulation\Engineering Department\Engineering Folders■ACAD SURVEY DRAWINGS\Vineyards\2012-004 VINEYARDS.dwg,4/16/2012 11:1524 AM