Neal Communities/Folio #39953520006 CONSERVATION COLLIER
PROPERTY MENTiFICATiON NUMBER: 333653620006
RICHMOND PARK
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between NEAL COMMUNITIES ON THE BRADEN. RIVER, LLC, a
Florida limited liability company. (hereinafter referred to as "'Contract Purchaser), whose
mailing address is 5800 Lakewood Ranch Blvd., Sarasota, FL 34240, 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
4County)
WITNESSETH,
WHEREAS, 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"
(said hereinafter referred to as the "Property ), which is attached hereto and made a part of
this Agreement is not yet owned by Contract Purchaser but is to be acquired,
WHEREAS, once the Property is acquired it will be donated to Collier County to satisfy
the offsite preservation requirement for PL20150001531, Richmond Park, as required by the
2010 Land Development Code amendment (Section 3.05.07 Hi f,iti (a) and (b)),
WHEREAS, Contract Purchaser recognizes the benefit to Contract Purchaser and
desires to convey the Property to the County for the stated purposes, on the terms arid
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. Contract Purchaser shall convey the Property via a Warranty Deed to County at no
cost to the County, unless otherwise stated herein,
2. Prior to Closing, Contract Purchaser 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. Contract Purchaser shall provide
such instrumentsproperly 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 one hundred fifty (150) days from the date County executes this
Agreement unless extended by mutual written agreement of the parties hereto. The Manager
of Real Property Management or designee is authorized to enter into such mutual written
agreements on behalf of the County for extensions of up to an additional sixty(60)days without
further approval by the Board of County Commissioners.
4 Contract Purchaser is aware and understands that this Agreement is sul4ect to the
acceptance and approval by the Board of County Commissioners of Collier County, Florida.
The purpose of the Agreement is to satisfy the offsite preservation requirement for
PU0150001531. Richmond Park, as required by the 2010 Land Development Code
amendment (Section 3.05.07, F1.1 (a) and (b)).
5. Contract Purchaser 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 Contract Purchaser 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 Contract Purchaser 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. Contract Purchaser 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 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 County by
reason or arising out of the breach of Contract Purchaser's representation under Section 5.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. The cost of a title commitment and title policy shall be paid by Contract Purchaser,
Contract Purchaser 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.
Contract Purchaser shall be responsible for paying any costs and/or fees associated with the
securing and recording any Releases of mortgage(s) recorded against the Property from any
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 Contract Purchaser,
8. Prior to Closing, Contract Purchaser shall remove or cause to be removed from the
Property, at Contract Purchaser's sole cost and expense, any and all exotic vegetation on the
Property deemed necessary to be removed by County.
9. 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,
10. Conveyance of the Property by Contract Purchaser 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,
11. If the Contract Purchaser holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for others,
Contract Purchaser shall make a written public disclosure, according to Chapter 286, Honda
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.)
12, This Agreement is governed and construed in accordance with the laws of the State
of Florida 1
IN WITNESS WHEREOF, the Contract Purchaser has caused these presents to be
executed the date and year first above written,
DATE ACQUISITION APPROVED BY BCC: ..Q._ 2:14 7-0-1
AS TO COUNTY. fled5Lda'
DATED: ID)c;27 J,1-€3 ) 7
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
ic-7 1
4° BY: l.----
-AO
- -
as 0 hairipinl s, Deputy Clerk PENNY TAYastri., Chai 40
nature only.
Approved as to form and legality
A.
Jennifer A. ipedio.Assis t County Attorney vii--1 CP
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1 , _
AS TO CONTRACT PURCHASER:
WITNESSES NEAL COMMUNITIES ON THE
' BRADEN RIVER, LLC, a Florida limited
liability company
Witness#1 (Signature)
BY. NCDG MANAGEMENT, LLC„ a
Cheryl Picerno Florida limited liability company, its
Vsditness#1 (Print Name) Manager
- r BY:
40,
J". - R Schley its Manager
NArttness#2(Sig re)
Kathy Frey
Witness#2(Print Natne)
4
EXHIBIT "A"
LEGAL DESCRIPTION:
THE EAST 105 FEET OF TRACT 32: GOLDEN GATE ESTATES,
UNIT 65, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA
TAX IDENTIFICATION NUMBER: 39953520006