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Backup Documents 06/27/2017 Item #16D 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 0 4 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 2. BCC Office Board of County � �Pj 2-S t Commissioners 3. Minutes and Records Clerk of Court's Office 6. �� &V6/ cySam PRIMARY CONTACT INFORMATION -'C, (4300-- Normally 430 / -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 was Agenda Item Number l ✓/ Approved by the BCC ti/02 7 0/1 �// ` 62 D Type of Document / Number of Original / t Attached '�tll �r't a! nE�9ne Documents Attached PO number or account Account: Fund , Cos 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? Q ©lL tor, ? 0!& 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. -r5. 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 p signature and initials are required. V 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 i.J 2i =2-11 '7 ,and all changes , made during the meeting have been incorporated in tie attached document. The Nvb 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 the Chairman's signature. I: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 0 4 TO: Virginia Neet, County Attorney's Office FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Properti anagement DATE: June 29, 2017 RE: Conservation Collier— Donation — Richmond Park This item was accepted by the BCC on June 27, 2017, Agenda Item 16D4. Attached, you will find the Donation Agreement 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 Donation Agreement 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! Memorandum i 6 0 4 TO: Minutes & Records N FROM: Cindy Erb, Property Acquisition Specialist, r., Real Property Management DATE: June 27, 2017 RE: Conservation Collier— Donation — Richmond Park This item was accepted by the BCC on June 27, 2017, Agenda Item 16D4. Please attest to Commissioner Taylor'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! 16D4 CONSERVATION COWER PROPERTY IDENTIFICATION NUINIER 39953520006 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 Taamiarni Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "County') WITNESSETH: WHEREAS, that certain parcel of real property (hereinafter referred to as "Properly"), 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 PL20151531, Richmond Park, as required by the 2010 Land Development Code amendment (Section 3.05.07 H.1.f.iii (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 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. 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 andfar 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 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 one hundred fifty (150) days from the date County executes this 1604 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 subject 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 PL20150001531, Richmond Park, as required by the 2010 Land Development Code amendment (Section 3.05.07, H.1.f.i. (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 Purchasers 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 Purchasers 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 1604 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, 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 288. Florida Statutes 1 12. This Agreement is governed and construed in accordance with the laws of the State of Florida 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: v�2 2:1, '2--011 AS TO COUNTY: DATED: LQ a7',o l 7 ATTEST. BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ( 12)‘Askikt 0e3-14N_AUVv-CC---- BY: � t as to Chairman's, Deputy Clerk PENNY TAY . Chas ar `. :mature only. Approved as to form and legality Jennifer A. Ipedio, Assts t County Attorney �/ ra ,•1 7 1 6 D 4 AS TO CONTRACT PURCHASER: WITNESSES NEAL COMMUNITIES ON THE BRADEN RIVER, LLC, a Florida limited liability company Witness*t (Signature) BY: NCDG MANAGEMENT, LLC, a CherylPicerno Florida limited liability company, its Witness ft (Print Name) Manager BY: ri/j5e,Lorif, , . R. Sch. ler. its Manager Witness*2(;; ) Kathy FreY Witness$2(Print Name) 4 1604 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