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Harvest for Humanity Donation AgreementPROJECT: CARSON ROAD PARCEL: HARVEST FOR HUMANITY FOLIO: 00073600000 16 17 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between HARVEST FOR H[qVIANITY, INC., an Illinois corporation, (hereinafter referred to as "Owner"), whose mailing address is 213 S. Wheaton Avenue, Wheaton, Illinois 60187, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112. WITNESSETH: WHEREAS, the Owner desires to convey a fee simple interest in the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement, to the County for the purpose of the Carson Road right-of-way; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County 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 Special Warranty Deed to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, except as disclosed on Exhibit "B", 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. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 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, to the best of its knowledge, 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. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation masonable 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 County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 3_ 16B17 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 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. 10. If the Owner holds the Property in the form of a parmership, limited parmership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: ~,/a 2~O AS TO COUNTY: DATED: ,~//,~..a?~ 0 ATTEST: DWIGHT E. tkROCK, Clerk · . ~I/~~Depu~ Clerk Xs go BOARD O O~ISSIONERS COLLIER ~QUNJ"Y, F~LORI~A ~ ~' TIMQ~ J. CONS~NTINE, Chairman WITNESSES: (Witness'Si~na~th-~) (.~Print Nam,e) (Witness Signature) (Print Name) HARVEST FOR HUMANITY, INC., an Illino~oration a Richard J. No gaj, Preside/ 213 S. Wheaton Avenue Wheaton, I1 60187 Approved as to form and Robert Zachavf Assistant County Attorney 2 BOUNDARY SURVEY LYING IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 COLLIER COUNTY, FLORIDA LEGEND: ORB = OFFICIAL RECORD BOOK PG = PAGE DESCRIPTION: 200 0 100 200 400 SCALE IN FEET a,ST1 6N 1 7 THE WEST 30.00 FEET OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1071, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DESCRIBED AS FOLLOWS: THE WEST 30.00 FEET OF THE SOUTHWEST QUARTER (SW I/4) OF THE NORTHWEST QUARTER (NW I/4) OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IN COLLIER COUNTY, FLORIDA, LESS APPROXIMATELY 40 FEET OVER THE SOUTH PART OF SAID PREMISES CONVEYED TO THE STATE OF FLORIDA FOR ROAD PURPOSES AND DESCRIBED IN DEED BOOK 21, PAGE 541, COLLIER COUNTY RECORDS. WEST 50.00' SW I/4 OF THE NW I/4 SECTION 32-46S-29E ORB 1071 PG 16 I LANDS DESCRIBED IN DEED BOOK 21 PAGE 541 LAKE TRAFFORD ROAD NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering & Surveying, Inc. 5300 LEE BLVD, P.O, BOX 1235 , ,, LEHIGH ACRES ~ . ~ FLORIDA 53970 ~ ~ ~ , 941/332-4569 ~ FX:941/332-8734 PREPARED BY: ) MICHAEl. J.] :7'~_T,,~,~,, P.S.M~' -- DATE PROFES I~Ai~.~VEYOF,~ AND MAPPER FLORIDA CERTIFICATE NO: 5751 THIS IS NOT A SURVEY SHEET 1 OF 1 PROJECT NUMBER: DESCRIPTION: THE WEST 30 FEEl OF 99-7625 OFFICIAL RECORD BOOK 1071 PAGE 16 DRAWN BY: CLIENT: LWC RICHARD & FLORENCE NOGAJ DATE: SEC-TWP-RGE FILE: COUNTY: .3/24/00 32-46S-29E 7625-W50LEG COLLIER COUNTY 16B17 EXHIBIT "B' Grant of Conservation Easement by and between Joseph S. Weinfeld Family Trust, Lester Persky and Mary E. Persky, husband and wife, and the Florida Game and Freshwater Fish Commission recorded in Official Records Book 1683, Page 1084 and assigned to the Board of County Commissioners, Collier County, Florida, in Official Records Book 1758, Page 1261, Public Records of Collier County, Florida. Subject property lies within the boundaries of the Immokalee District Water and Sewer Assessment Areas and is subject to the levying of special assessments thereof. Resolution establishing the Immokalee Area Planning District and declaring the intent of the Board of County Commissioners to enact a comprehensive zoning ordinance of the Coastal Area Planning District of Collier County, recorded in Official Records Book 649, Page 1239 and as amended in Official Records Book 664, Page 920, all of the Public Records of Collier County, Florida. Ordinances 75-20 (water), 75-21 (trees) and 75-24 (zoning) as recorded in Official Records Book 619, Pages 1177 through 1381, Collier County, Florida. Lien, if any, in favor of Collier County for the installation of sewer and/or water lines serving the subject property pursuant to County Resolution Number 90-87.