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Backup Documents 10/13/2015 Item #16D 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T(1 643 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney 2. BCC Office Board of County Commissioners It7�2 IS 3. Minutes and Records Clerk of Court's Office c _ PRIMARY CONTACT INFORMATION (`n (gyp(2.0 6 '-4'-2I - 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,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item wasAgenda Item Number Approved by the BCC 1c)) 1." \ O 169 b 3 I Type of Document /girt e_m en it. fc,-5 ile Pk Number of Original Attached Documents Attached PO number or account Account: Fund , Cost Center number if document is Object Code 649030, Project to be recorded 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. Does the document require the chairman's original signature? V , 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. 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. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. CA'N' 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on In t') -1 t3 ,and all changes made during the meeting have been incorporated in the attached document. The ( l'V'x(..i County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for tp Chairman's signature. l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum 1 6 3 TO: Minutes & Records C\:)\\\ FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: October 13, 2015 RE: Conservation Collier — CDC Parcel This item was accepted by the BCC on October 13, 2015, Agenda Item 16D3. Please attest to Commissioner Nance's signature as Chairman on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! 1603 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, October 21, 2015 9:54 AM To: Erb, Cindy Subject: October 13, 2015 Items#16D1 &#16D3 Attachments: Item #16D3 BCC 10-13-15 (CDC Agreement for Sale and Purchase).pdf;Item #16D1 BCC 10-13-15 (Willoughby Drive, LLC Donation Agreement).pdf Hi Cindy, There are a few things attached for you from the October 13 BCC Meetivtg: • Itewt #16D1; A Donation Agreevnnent w/Willoughby Drive LLC for a 1.1-4-acre parcel & wtanagevvtevtt endowwtent to Conservation Collier • Itewt #16D3; An Agreement for Sale and Purchase w/CDC Land Investments, Inc. for 7.51- acres under the Conservation Collier Program Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtent Board Collier County Board Minutes & Records Dept 1 CONSERVATION COLLIER 1 TAX IDENTIFICATION NUMBER;20760080007 6 D 3 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between COLLIER DEVELOPMENT CORPORATION, NOW KNOWN AS CDC LAND INVESTMENTS, INC., a Florida Corporation, whose address is 2550 Goodlette Road North # 100, Naples, FL 34103, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FOUR HUNDRED THOUSAND AND 001100 DOLLARS ($400,000.00) (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The execution of this Agreement shall occur within ten (10) business days of acceptance by the Board of County Commissioners (the "Effective Date"). In the event the Board of County Commissioners has not accepted Agreement within 60 days following Seller's execution of this Agreement, Seller may withdraw its offer to sell the Property. The Manager of Real Property Management or designee is authorized to enter into such mutual written agreement on behalf of the County for extensions of up to an 1 CONSERVATION COLLIER 16 0 3 TAX IDENTIFICATION NUMBER'20760080007 additional sixty (60) days without further approval by the Board of County Commissioners. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Suite 800, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey title in accordance with Sections 4.011 and 4.012 herein. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A wire transfer or negotiable instrument in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.0123. Purchaser's joinder in Part IV of IRS Form 8283, Non Cash Charitable Contributions. 2 CONSERVATION COLLIER 16 03 ) TAX IDENTIFICATION NUMBER 20760080007 3.0124. Purchaser's written acknowledge of the contribution, which will include the address of the Purchaser, the date of the contribution and a description of the Property. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Purchaser has obtained an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. The matters of title disclosed in Schedule B-2 of the Commitments have been approved by Purchaser. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable provided such best efforts do not result in a cost to Seller in excess of $5,000 in the aggregate. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing 3 t %i CONSERVATION COLLIER 16 D 3 TAX IDENTIFICATION NUMBER 20760080007 written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A." If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have sixty (60) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 4 CONSERVATION COLLIER 16 Ii 3 TAX IDENTIFICATION NUMBER;20760080007 5.02 If Purchaser is not satisfied, for any 'reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. Seller shall have the right to accompany Purchaser on any entry upon the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2014 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser shall, at its option, and as its sole and exclusive remedy, have the right to either terminate this Agreement by giving written notice of termination to Seller, or the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, 5 CONSERVATION COLLIER 16 D 3 TAX IDENTIFICATION NUMBER:20760080007 covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 6 CONSERVATION COLLIER 16 03 TAX IDENTIFICATION NUMBER:20760080007 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that to Seller's knowledge there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. To Seller knowledge, the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. To Seller knowledge, no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. To Seller's knowledge, none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 To Seller's knowledge, there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement CONSERVATION COLLIER 16 D 3 TAX IDENTIFICATION NUMBER 20760080007 moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting, to the extent such representations remain true and correct, the foregoing representations as of the Date of Closing, which provisions shall survive the Closing for a period of six (6) months and then terminate. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, with respect to the Property and caused by Seller in violation of the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: a 16 0 3 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:20760080007 If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Park & Recreation Department 15000 Livingston Road Naples, FL 34109 Telephone number: 239-252-2961 Fax number: 239-252-6713 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Patrick L. Utter CDC Land Investments, Inc. 2550 Goodlette Road North # 100 Naples, FL 34103 Telephone number: 239-434-4015 Fax number: 239-263-4437 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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, 9 16 03 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:20760080007 personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. This Agreement is subject to fund availability and future appropriation. Should the funds not be available or able to be used prior to closing the Purchaser or Seller may immediately terminate this agreement without any payment of any kind to Seller. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 Property held in such capacity is conveyed to Collier County. (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.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 10 1603 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER.20760080007 14,01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. DATE ACQUISITION APPROVED BY BCC: 1 12,tf /3, O5' AS TO COUNTY: DATED: )Q) 13)2O 0- ATT EST.; ATTEST; BOARD OF COUNTY COMMISSIONERS DWIGHT ,1OCK, Clerk COLLIER COUNTY. FLORIDA £1W( $ f ns,(j puty Clerk TIM NANCE, Chairman ttest as f0 Apsiguaturettouyin and legality: a ..� Jennifer . :elpedia. .sr ant County Attorney c Lbs AS TO SELLER: DATED: WITNESSES: AA-444,04- 0. 311.4.runtJ COLLIER DEVELOPMENT (Signature) CORPORATION NOW KNOWN A. . AS CDC LAND INVESTMENTS, �<sbor�s�t._ A- • Ze- rwn. INC., a Florida Corporation (Printed Name) 11141.44 r _ BY: PC1 (Signature) PATRICK L. UTTER, VICE PRESIDENT 44•e-cte•4P /1616ie�/ (Printed Name) // 11 CONSERVATION COLLIER 16 03 TAX IDENTIFICATION NUMBER:20760080007 EXHIBIT "A" LEGAL DESCRIPTION: THE NORTHEAST QUARTER (NE 1/4) OF SOUTHEAST QUARTER (SE %) OF SOUTHEAST QUARTER (SE 1/4) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (7.51 ACRES) PROPERTY IDENTIFICATION NUMBER: 20760080007 12 16 0 3 INSTR 5200060 OR 5218 PG 439 RECORDED 11/30/2015 1:17 PM PAGES 2 CONSERVATION COLLIER DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PROPERTY IDENTIFICATION NUMBER: 20760080007 COLLIER COUNTY FLORIDA Prepared by: DOC@.70$2,800.00 REC$18.50 Jennifer A. Belpedio, Assistant County Attorney CONS$400,000.00 Office of the County Attorney 3329 East Tamiami Trail, Suite 800 Naples, Florida 34112-5749 (239)252-8400 WARRANTY DEED THIS WARRANTY DEED is made this / ) -day of Aro e--'t-be-r , 2015, by CDC LAND INVESTMENTS, INC., A FLORIDA CORPORATION, FORMERLY KNOWN AS COLLIER DEVELOPMENT CORPORATION, whose address is 2550 Goodlette Road North # 100, Naples, FL 34103, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, (hereinafter referred to as "Grantee"). (Wherever used herein the terms"Grantor" and"Grantee" include all the parties to this instrument and their respective heirs, legal representatives,successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: THE NORTHEAST QUARTER (NE ' ) OF SOUTHEAST QUARTER (SE ' ) OF SOUTHEAST QUARTER (SE ' ) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PROPERTY IDENTIFICATION NUMBER: 20760080007 Subject to easements, restrictions, and reservations of record. THIS IS VACANT, UNIMPROVED, AND NOT HOMESTEAD PROPERTY. TOGETHER with all and singular the tenements, hereditaments, and appurtenances belonging or in anywise appertaining to that real property. TO HAVE AND TO HOLD the same to the Grantee, their heirs and assigns, in Fee Simple Interest forever. AND the Grantor does covenant to and with the Grantee, their heirs and assigns, that all things preliminary to and in and about the sale and this conveyance, the power of sale according to the laws of Florida have been followed and complied with in all respects. Teas CONVEYANCE ACCEPTED EY TME BOARD Of COUNTY C( $!SSNUS. COLLIER COUNTY, FLORIDA, PURSUANT 0 AGENDA, DATED: IO^a ITEM NO. it,a 1603 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: • CDC LAND INVESTMENTS, INC., A (Sign re) FLORIDA CORPORATION, FORMERLY KNOWN AS COLLIER DEVELOPMENT °tiaert , 4 • o-tJk CORPO' 'TION (Printed Name) I / I , (tee../. /.,. .C;3Z4-ii. _ BY: ft > (Signature) PATRICK . ER, VICE PRESIDENT (Printed Name) STATE OF FLORIDA COUNTY OF COLLIER ,,. 1 f�The foregoing Warranty Deed was acknowledged before me this ®v' day of V e , 2015 by Patrick L. Utter, Vice President, on behalf of CDC Land Investments, Inc., a Florida corporation, formerly known as Collier Development Corporation, who is personally known to me or who has produced as identification. affix notarial seal) Z1. 414,-0,7"--1 ( (Signature of Notary Public) 1 sword L Mr:•"r DEBORAH P ate, ' r . MY COMMISSION#EE 843929 (Print Name of Notary Public) EXPIRES•October 16,201s NOTARY PUBLIC r�pF yaZ` Bonded rnru Notary Public Underwriters Serial/Commission #: E $ 4 39 2-9 My Commission Expires: 0..e...6 bey- Ifni az% ko Approvedas to Corm & lege; sufficiency • aim aunty A .ay 75 o1 2 055 �°` ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP F , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney 9°P \\\Z\\C 2. BCC Office Board of County Commissioners VIA/ -'/1 k1V3�k� 3. Minutes and Records Clerk of Court's Officec[c ill Iv) l PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Exec tive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing informatin. Name of Primary Staff Cindy M. ErbVil Phone Number 239-252-8917 Contact/ Department Agenda Date Item was ;-� �� ` Agenda Item Number ! ` 3 Approved by,the BCClel\ l.p Type of Document y e S - urrrt Lei 283 7' /4k. i.diet ,,,, Number of Original Attached r C-0/1{rt b mArYZ Documents Attached PO number or account Account: Fund , Cost Center , number if document is Object Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? iMive" 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone)on an attached sheet. 3. 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 04 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. Vrl 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on tvl t?)I L-ti I S ,and all changes g� made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by they BCC,all changes directed by the BCC have been made, and the document is ready for the , Chairman's signature I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised I.26.05,Revised 2.24.05;Revised 11/30/12 16133 MEMORANDUM DATE: November 4, 2015 TO: Cindy Erb, Sr. Property Acquisition Specialist Facilities Management Department FROM: Teresa Cannon, Deputy Clerk Minutes and Records Department RE: IRS Form 8283 and Acknowledgment of Contribution Attached for your records are the originals of the documents referenced above, (Items #16D3) approved by the Board of County Commissioners on Tuesday, October 13, 2015. The original is being held in the Minutes and Records Department to be kept as part of the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment Memorandum 1603 3 TO: Virginia Neet, County Attorney's Office FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: November 2, 2015 RE: Conservation Collier — CDC Parcel This item was accepted by the BCC on October 13, 2015, Agenda Item 16D3. Attached, you will find the IRS Form 8283 and Acknowledgment of Contribution, along with its requisite "pink slip" for routing of the document for its necessary Chairman signature. Jennifer Belpedio will need to review and then if acceptable, sign the IRS Form 8283 and Acknowledgment of Contribution and needs to initial the pink slip prior to submittal to the Chairman. Also attached, is a memorandum to Minutes & Records for attestation of the Chairman's signature. Please contact either me (8917) should you have any questions. Thank you! ?1)( 1 \? Ork) Or po4A )V _ _k r61(m 8183- v\ Memorandum 16 TO: Minutes & Records FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: November 2, 2015 RE: Conservation Collier— CDC Parcel This item was accepted by the BCC on October 13, 2015, Agenda Item 16D3. Please attest to Commissioner Nance's signature as Chairman on IRS Form 8283 and Acknowledgment of Contribution. Once attested, please advise so we can make arrangements to come pick up the originals. Please contact me if you have any questions or comments at Extension 8917. Thank you! 1613 .3 Form 8283 Noncash Charitable Contributions OMB No.1545-0908 (Rev.December 2014) IP. Attach to your tax return if you claimed a total deduction Department of the Treasury of over$500 for all contributed property. Attachment Internal Revenue Service IP' Information about Form 8283 and its separate instructions is at www.irs.gov/form8283. Sequence No.155 Name(s)shown on your income tax return Identifying number CDC Land Investments,Inc. 59-0581693 Note.Figure the amount of your contribution deduction before completing this form.See your tax return instructions. Section A. Donated Property of $5,000 or Less and Publicly Traded Securities—List in this section only items (or groups of similar items) for which you claimed a deduction of $5,000 or less. Also list publicly traded securities even if the deduction is more than$5,000(see instructions). Part I Information on Donated Property—If you need more space, attach a statement. (b)If donated property is a vehicle(see instructions), (c) Description of donated property (a) Name and address of thecheck the box.Also enter the vehicle identification (For a vehicle,enter the year,make,model,and donee organization mileage.For securities,enter the company name and number(unless Form 1098-C is attached). the number of shares.) A H I 1 1 11 1 1 1 1 I 1 B U Iii 1 1 1 1 H I H I I I C 1 .111 IIIII _ II II D IIIIIIIIIII I CI I I1 L I I 1 1 Note.If the amount you claimed as a deduction for an item is$500 or less,you do not have to complete columns(e),(f),and(g). xs (d) Date of the (e) Date acquired (f) How acquired (g) Donor's cost (h) Fair market value (i) Method used to determine contribution by donor(mo.,yr) by donor or adjusted basis (see instructions) the fair market value A B C D E Part II Partial Interests and Restricted Use Property—Complete lines 2a through 2e if you gave less than an entire interest in a property listed in Part I. Complete lines 3a through 3c if conditions were placed on a contribution listed in Part I;also attach the required statement(see instructions). 2a Enter the letter from Part I that identifies the property for which you gave less than an entire interest 10- If If Part II applies to more than one property,attach a separate statement. b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ► (2) For any prior tax years ► c Name and address of each organization to which any such contribution was made in a prior year(complete only if different from the donee organization above): Name of charitable organization(donee) Address(number,street,and room or suite no.) } City or town,state,and ZIP code d For tangible property,enter the place where the property is located or kept 11- e e Name of any person,other than the donee organization, having actual possession of the property II- 3a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No property? b Did you give to anyone (other than the donee organization or another organization participating with the donee organization in cooperative fundraising)the right to the income from the donated property or to the possession of the property,including the right to vote donated securities,to acquire the property by purchase or otherwise,or to :-.„2.5,,q designate the person having such income,possession,or right to acquire? c Is there a restriction limiting the donated property for a particular use? For Paperwork Reduction Act Notice,see separate instructions. Cat.No.62299J Form 8283(Rev.12-2014) 16 03 Form 8283(Rev.12-2014) Page 2 Name(s)shown on your income tax return Identifying number CDC Land Investments,Inc. 59-0581693 Section B.Donated Property Over$5,000(Except Publicly Traded Securities)—Complete this section for one item (or one group of similar items) for which you claimed a deduction of more than $5,000 per item or group (except contributions of publicly traded securities reported in Section A). Provide a separate form for each property donated unless it is part of a group of similar items.An appraisal is generally required for property listed in Section B. See instructions. Part I Information on Donated Property—To be completed by the taxpayer and/or the appraiser. 4 Check the box that describes the type of property donated: a El Art*(contribution of$20,000 or more) d ❑ Art*(contribution of less than$20,000) g ❑ Collectibles** j ❑ Other b ❑ Qualified Conservation Contribution e 0 Other Real Estate h ❑ Intellectual Property c ❑ Equipment f ❑ Securities i ❑ Vehicles *Art Includes paintings,sculptures,watercolors,prints,drawings,ceramics,antiques,decorative arts,textiles,carpets,silver,rare manuscripts,historical memorabilia,and other similar objects. **Collectibles include coins,stamps,books,gems,jewelry,sports memorabilia,dolls,etc.,but not art as defined above. Note.In certain cases,you must attach a qualified appraisal of the property.See instructions. 5 (a) Description of donated property(if you need (b) If tangible property was donated,give a brief summary of the overall (c) Appraised fair more space,attach a separate statement) physical condition of the property at the time of the gift market value A 7.5 acres of land See attached statement B C D (d)Date acquired (f)Donor's cost or (g)For bargain sales,enter See instructions bydonor(mo.,yr.) (e)How acquired by donor adjusted basis amount received I (h)Amount claimed as a deduction (i)Date of contribution A B C D Part II Taxpayer(Donor)Statement—List each item included in Part I above that the appraisal identifies as having a value of$500 or less. See instructions. i declare that the following item(s)included in Part I above has to the best of my knowledge and belief an appraised value of not more than$500 (per item).Enter identifying letter from Part I and describe the specific item.See instructions.► Signature of taxpayer(donor)► Date IP- Part Part III Declaration of Appraiser I declare that I am not the donor,the donee,a party to the transaction in which the donor acquired the property,employed by,or related to any of the foregoing persons,or married to any person who is related to any of the foregoing persons.And,if regularly used by the donor,donee,or party to the transaction,I performed the majority of my appraisals during my tax year for other persons. Also,I declare that I perform appraisals on a regular basis;and that because of my qualifications as described in the appraisal,I am qualified to make appraisals of the type of property being valued.I certify that the appraisal fees were not based on a percentage of the appraised property value.Furthermore,I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this Form 8283 may subject me to the penalty under section 6701(a)(aiding and abetting the understatement of tax liability).In addition,I understand that I may be subject to a penalty under section 6695A if I know,or reasonably should know,that my appraisal is to be used in connection with a return or claim for refund and a substantial or gross valuation misstatement results from my appraisal.I affirm that I have not been barred from presenting evidence or testimony by the Office of Professional Responsibility. Sign Here signature Title► Date O. Business address(including room or suite no.) Identifying number City or town,state,and ZIP code Part IV Donee Acknowledgment—To be completed by the charitable organization. This charitable organization acknowledges that it is a qualified organization under section 170(c)and that it received the donated property as described in Section B,Part I,above on the following date 10- Furthermore, Furthermore,this organization affirms that in the event it sells,exchanges,or otherwise disposes of the property described in Section B,Part I(or any portion thereof)within 3 years after the date of receipt,it will file Form 8282, Donee Information Return,with the IRS and give the donor a copy of that form.This acknowledgment does not represent agreement with the claimed fair market value. Does the organization intend to use the property for an unrelated use? ► ❑ Yes El No Name of charitable organization(donee) Employer identification number Address(number,street,-and room or ssuite \o.) } < i f: Chitty or town,state,andyZIP code` T +{f J vYl. C`(Yl.% i i j;,.-�l l.rasl ...�1 t r f� r e ,Y. \e`J. 6-- �i { L !I Authorized signature ✓'�— / T$l rr'' \ Date ( t La'�C. ,l...stCti,Yc vitet 16�� �-�r`Cx._'t I vv-,CoN j V,j i:1 i 1S W1 T E. BR ��* Mork Approved as to form and Iegaq�Cy+8283(Rev.12-2014) r •"-a A.1.( /1 an N A.A l'i I.L (l n i, nag' _ _ 47". _ 1603 CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBER: 20760080007 EXHIBIT "A" LEGAL DESCRIPTION: THE NORTHEAST QUARTER (NE %) OF SOUTHEAST QUARTER (SE 1/4) OF SOUTHEAST QUARTER (SE 1/4) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (7.5 ACRES) PROPERTY IDENTIFICATION NUMBER: 20760080007 { 16 13 3 ACKNOWLEDGMENT OF CONTRIBUTION Collier County, Florida, (the "County"), whose address is 3;35 To",c i;-xi ecus), 5;,Ae lc , k p\e<,. 4-1 3u t r 2. , acknowledges that on the 364' day of MokA;n,NoL,-- , 201'5-, CDC Land Investments, Inc., a Florida corporation, made a contribution to the County, as donee, of the property described on Exhibit A attached hereto. The County did not provide any goods or services, beyond the discounted purchase price, to the donor in consideration for the property transferred. ATTEST: COLLIER COUNTY DWIGRT L'BR /‘-e-/K 0cLiAktilOC CLERK _- `,,, _ By. LERK TIM NANCE, CHAIRMAN s . Pre w Approved for forin.and legality: Date: 11\3t12-01.5 Jenni- A. BelN G> Assistant County A"orney 0, , 't"4,X/' LEGAL\24032324\1 16p CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBER: 20760080007 EXHIBIT "A" LEGAL DESCRIPTION: THE NORTHEAST QUARTER (NE 1/4) OF SOUTHEAST QUARTER (SE Y4) OF SOUTHEAST QUARTER (SE Yi) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (7.5 ACRES) PROPERTY IDENTIFICATION NUMBER: 20760080007