Loading...
Donation AgreementMemorandum 16E7 TO: FROM: DATE: PROJECT: Minutes & Records Management Cindy Erb Sr. Property Acquisition Specialist Real Estate Services June 27,2003 Donation of the Driver's License Property from Guy Carlton, Collier County Tax Collector Please find attached one (1) original recorded Warranty Deed, and one (1) ori_qinal Donation Agreement for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition pursuant to Agenda Item 16 E (7), dated June 10, 2003. Please contact me if you have any questions or comments at 774-8917. Thank you. attachments as stated CC: Skip Camp, Facilities Management Director w/attachments Property Appraiser's Office w/Warranty Deed only Tax Collector's Office w/Warranty Deed only Inventory File w/attachments Office of the Real Estate Services PI~OJECT: Driver's Ucense Property 16E7 FOLIO: 26430740008 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between GUY L. CARLTON, AS COLLIER COUNTY TAX COLLECTOR, a governmental authority, (hereinafter referred to as "Owner"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, Owner 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, Owner is desirous of donating the Property in fee estate to Collier County for the perpetual use by the Collier County Tax Collector for the purpose of (i) a Driver's License office, (ii) related offices that might assist or complement the issuance of Driver's Licenses (including but not limited to (a) an office for the Clerk of Court and (b) an office for the Sheriff's Department; and (iii) other offices to carry out the Tax Collector's official functions, as deemed necessary by the Tax Collector, in its sole discretion; WHEREAS, Owner desires to convey the Property to the County subject to the use by the Tax Collector 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. Owner shall convey the Property via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. 2. So long as Owner elects, Owner will have perpetual use of Property for the purposes of operating and maintaining (i) a Driver's License office, (ii) related offices that might assist or complement the issuance of Driver's Licenses (including but not limited to (a) an office for the Clerk of Court and (b) an office for the Sheriff's Department; and (iii) other offices to carry out the Tax Collector's official functions, as deemed necessary by the Tax Collector, in its sole discretion. The County shall not use the Property in any manner that would interfere with the above stated uses. The Property, and all improvements currently existing thereon, was acquired and constructed by Owner solely from Owner's funds which were budgeted in compliance with state statute. It is specifically the intent of the parties hereto that the Property and all permanent improvements thereon is being donated to County at no cost so that the Property will become County property, but be available for use by the office of Tax Collector in accordance with this paragraph so long as the Tax Collector's office elects to so utilize the Property. To the extent that this paragraph may now or at some point in the future violate the rule against perpetuities or a similar rule, or any constitution or law, whether state or federal (a "Violation"), it is the parties intent that this paragraph be interpreted in a manner to avoid such Violation but still carry out the intent of this paragraph. Therefore, the parties agree that if at any time such a Violation occurs or is deemed to be threatened or imminent, the parties agree to enter into a new agreement to carry out the intent of this paragraph that will not be a Violation, whether such agreement involves a long term, renewable lease for nominal consideration, or some other arrangement to carry out the intent of this paragraph. 3. For so long as the Tax Collector's office is occupying the Property, the County shall maintain the building and all other permanent structures located thereon, all equipment and fixtures necessary for the occupancy of the building and any other structures on the Property, (such as HVAC, plumbing and electrical equipment and fixtures), the parking lot(s) located on the 16E7 Property, and ail landscaping located on the Property, and shall comply with any governmental permits pertaining to the ownership of the Property, including but not limited to any water management permit issued by any governmental authority. For so long as the Tax Collector's office is occupying the Property, the Tax Collector shall be responsible for maintenance and replacement of all other equipment and furnishings necessary to carry out the business conducted on the Property (such as computer software and hardware, copying machines, photographic equipment, desks, and other furnishings). 4. Prior to Closing, Owner 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. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 5. 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. 6. 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. 7. 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 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. 8. 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 any 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. 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 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. 11. Owner does not hold the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. 16E? IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ~, l~ -0,.~ AT~,-T'. EST: . ', t;D~. ~'~t E~I BROCK, Clerk ~'~/¢.. ~-/~)..~. ')ll~.,eputyClerk AS 'TO OWNER: WITNESSES: BOARD OF COUNTY COMMISSIONERS TOM HENNING, Chairmarl~ (Print) ~J ~ne.~Signature) Name: ~.,,,,~c, ,/'~. ~_C~:.~ (Prin(~ GUY L. (~,~)-TON COLLIEli;KCOUNTY TAX COLLECTOR Approved as to form and legal sufficiency: Thomas Pair'er Assistant County Attorney EXHIBIT "A" 16E7 DESCRIPTION OF COMMERCIAL TRACT ALL THAT PART OF LOT 15, COCONUT CREEK, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 108, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ¼ CORNER OF SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST ¼ LINE OF SAID SECTION 1, NORTH 89°25'50'' EAST 67.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 858 AND THE SOUTHWEST CORNER OF SAID LOT 15 AND THE POINT OF BEGINNING OF THE TRACT HEREIN BEING DESCRIBED; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID COCONUT CREEK, UNIT NO. 1, NORTH 00°29'00'' WEST 608.24 FEET; THENCE NORTH 89°24'10'' EAST 467.78 FEET; THENCE SOUTH 31 °18'41" WEST 574.13 FEET; THENCE SOUTH 00°34'10'' EAST 120.95 FEET TO THE EAST AND WEST ¼ LINE OF SAID SECTION 1; THENCE ALONG SAID EAST AND WEST ¼ LINE OF SAID SECTION 1, SOUTH 89°25'50'' WEST 165.47 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; CONTAINING 4.00 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1 ofl