Shaler Donation Agreement PROJECT:Riverwood Water System Rehabilitation
PROJECT No.:71010.5
FOLIO No.: 00733520006
UTILITY EASEMENT DONATION AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this .2 day of rutaxt , 2012 by and between GEORGE SHALER, the
unremarried spouse of Ellen Shaler (hereinafter referred to as "Owner"), whose mailing address
is 867 Manatee Road, Naples, Florida 34114, 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 "CCWSD"), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey a perpetual non-exclusive Utility
Easement over, under, upon 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") to
the CCWSD for the stated purpose of constructing, maintaining and operating utility facilities
thereon, on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement
Area to the CCWSD 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 Easement Area
requested by the CCWSD; 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 Easement Area via a Utility Easement at no cost to the CCWSD.
2. The CCWSD will be responsible for all repairs, maintenance, and related costs for its
above-ground and in-ground infrastructure within the utility easement area. This
provision shall survive Closing and is not deemed satisfied by conveyance of the Utility
Easement.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement Area, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement Area upon
their recording in the Public Records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to CCWSD 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. CCWSD 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 the CCWSD.
6. 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 CCWSD; 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 CCWSD, 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.
7. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from,
and to reimburse the CCWSD with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney
fees and expenses whether in court, out of court, in bankruptcy or administrative
proceedings or on appeal), penalties or fines incurred by or asserted against the
CCWSD by reason or arising out of the breach of Owner's representation under Section
6. This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
1
8. 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.
9. Conveyance of the Easement Area 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.
10. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this c=a.
day of .urjusf. , 2012.
Date Property acquisition approved by BCC: - r + a-3,./0
AS TO CCWSD:
DATED: auT-s�.=),... -e5'/0
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO.ThiE
• 4t'. . GOVERNING BOARD OF THE COt'I IER.,....=-•`'s
�^ COUNTY WATER-SEWER DISTRICT
;: -
e11Ltk W
Dep `Clotk Fred W. Coyle, Chairman
r
Ap.. o�ed as to firm an. ----,j----
• fficiency
4
Jef right,Assistant County Attorney
AS TO OWNER:
.. f/GL6/'1.
CA2A4LC)e&a,,,_,AfzeaCIPLZEO4
Witness (Signature) Georg- haler
Name. amciC(i. I,
(Print or Type)
,
Witn- 1na4 re) J_
Name: 11 1,1 .i - /.& by?
(Print or Type) ,
2
•
EXHIBIT_
Page_I_ of i
I U)
o m
r
.i Z (7 m o
N <
OoD
Z
co
—1 0
m
n mZ0 •
o
D .
m 0
o .
u-
P C
CD Z_
o O
z
O
I N
I 0 0
co
cn
co
I-
0 r
L3
> 1 N) -
Z
m L1 S 00'45'19" W 95.00' — —
rn (B.O.B.) °mv
0
X) r
0 Co 0 0
D I ,Z n
o gym'
TEMIN■
C/L OAK DRIVE —
/
1
1/ ter, 1 o co cn c' °m Z 7 -*i D -1 o cn�c co -n 0 co
OM
om C O NDoomr =o0ozm Opm
r�7 .p, D CO Z -I In mD mO m.pC 0 rr-
m WC Z D Z _ ° _1 O =D Z Z O m p
Zip c'4 - r r r 1- Z `DCn Z m° coC"iOyp� mmp0 N0
-o
01Innl O-I A W N m * D O 0 O N -''J= ° ON Op
Cad z O > N D 2 m xi p m r O —I C-1
m m 0 D Z
O ct - Cl� cnW > cn U,Z ,mZpc' m. o9,...-1 �O ^_
O °1 � � _ x r = In K p ommr0*i -A � DDG'2XI Ti 01
4s, co UFO �� O y cn cn Ln cn z r 0m z y m0P1Pmno °°°� =rn2u/ OT' CO n
I Z co O - 0 * = o 0 0 o c7 Z z O m, m r I = { m v 0 z c 52 7L)cn [ n
00 `-'1 v2 � w ' _ 00002 pi Z >
m -1� D � � gmZgC�2 y°� CD
o, 1 c� - -i z m oo ° m � -< mc' NWOD cn D
rn � � / 1 - D = ° m inr0 Zm -icy-A cn 07 C3
� � z CO m Z7 -I --I 1 -I -[ = N pr's _-I r-j z --
�Z • d (nZZN m m N mmzDl � �� mmmr7 (Zjp D
' • � —1 c' ro -acnc0 -< '-0 o rn m
c-.a r� o0 o CO o CO o O m z D z m (�
Co O co O m r O z= O Z O W O L7 C7 r_11
A))O ZJ
A � � D o m -.i o =cn z C7
O � � ` • Z m D 0 0 Cji m � ��m 10 m 0 -0_ O
cn nl C� co _ CD 0 0 c7 o N c0 —1—1 m r Ul
Co � C m m 2 0 N cmjCop D * Zs—'>i— � Ccn (*�7 O
(�,.r ri o N o_ H cc) Q z2 Z y N m2 ��NCO yN z
o p r--r ° O O Zoo O n m 0 C N
p ° o O • X/ OcD � � mDp �c'mW r-1 m
p a m m _ = Z 0 n r _
k V .. 0 Z 0 z v v nm m 0 rmm .-0 ° =iOODCOO ° Z
�'4 W = .. `°P ��m D .m n r O N 2='= -Z-I.Z7Tp. U)>
I II 0 m 2 N D i C ° c0'Z
CI
0 O n p unww r— =m -< ° Dm 0O-m CD
o W m nu �m m m mzX)^z - 2) 0- Xi O
.P 0 NO N cAi0000srozv�i m N N p G� D m p co m r Z CO m
�" N �m m� i o A,n G7 ..--1 .� x7
N °1n0oo -0Z° = 1 ➢ m 2- Cnp1-�J DCn
mo om N D m Z p m
�� ` /13 aA�ro m OpmC7 � �ZCD—Di0 NN
eN _� In N -0 G.N O 3 Q r\ c a z y z _P p -<0 =-1 CO pp ..---1
0 3 czm
„, r"' N �O �.bF �Op 0 _ . N m ��m zo D Z O I=rl O-
N O N n �.. N�-+I TT. 'mi D x.01 o A r O -I. O ZO
W W es] W Qom ' P. 00 A m
0 1--) 0) 0)
J