Agenda 02/26/2013 Item #16D 72/26/2013 16.D.7.
EXECUTIVE SUMMARY
Recommendation to approve a Donation Agreement with Liebig Management, Inc. and to accept a
Warranty Deed conveying 112 square feet, more or less (Miscellaneous Parcel 9 99999 - 264FEE) for
the purpose of constructing public transportation improvements.
OBJECTIVE: To provide a safe waiting area for the transit users along the Davis Boulevard
route.
CONSIDERATIONS: Collier Area Transit currently has an existing bus stop located on Davis
Boulevard immediately adjacent to property that is being developed by Liebig Management, Inc.
As part of the development review process, Liebig Management has agreed to convey a fee
simple interest in a portion of its land identified by folio number 70720400101, to Collier County
for the purpose of constructing public transportation improvements adjacent to the existing right
of way along Davis Boulevard. This land acquisition will allow us to improve Americans with
Disabilities Act (ADA) access to the existing bus stop and to add passenger amenities.
The property to be acquired consists of a rectangular shaped tract approximately 14 feet by 8
feet, for a total of 112 square feet.
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $100 and includes
recording fees that will be charged to the CAT Operating Fund, 426, Project No. 61011.1.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is legally sufficient, and requires a majority vote for approval. - ERP
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Donation Agreement and authorize its Chairman to execute same on
behalf of the Board;
2. Accept the conveyance of right -of -way Parcel No. 99999 - 264FEE and authorize the County
Manager or his designee to record same in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction; and
4. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the Agreement.
Prepared by: Brandy Otero, Associate Project Manager, Alternative Transportation Modes
Attachments: (1) Donation Agreement (complete with Warranty Deed)
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2/26/2013 16.D.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Recommendation to approve a Donation Agreement with Liebig
Management, Inc. and to accept a Warranty Deed conveying 112 square feet, more or less
(Miscellaneous Parcel # 99999- 264FEE) for the purpose of constructing public transportation
improvements.
Meeting Date: 2/26/2013
Prepared By
Name: OteroBrandy
Title: Project Manager, Associate,Transportation Engineer
1/30/2013 3:29:27 PM
Submitted by
Title: Project Manager, Associate,Transportation Engineer
Name: OteroBrandy
1/30/2013 3:29:28 PM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst,Transportation Administr
Date: 1/30/2013 4:03:47 PM
Name: ScottTrinity
Date: 2/1/2013 8:39:45 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 2/5/2013 8:28:09 AM
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 2/5/2013 4:55:59 PM
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Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 2/12/2013 3:44:00 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/14/2013 1:34:33 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/14/2013 4:51:20 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 2/15/2013 12:17:13 PM
Name: OchsLeo
Title: County Manager
Date: 2/16/2013 3:07:27 PM
Packet Page -1816-
2/26/2013 16.D.7.
a
2/26/2013 16.D.7.
PROJECT: Misc. *99999
PARCEL No(s): 264FEE
FOLIO No(s): Portion of 70720400101
DONATION AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into an This day of r , 20_L&__, by and ' =n UEBIG
MANAGEMENT, INC., a Florida co oration,a�4hose mailing address estview
Drive, Naples, Florida 34104 (hereinafter referred to as "Owner', and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, cto the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafterrefisrred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey a Fee Simple interest in
that portion of its lands described in Exhibit "A ", attached hereto, made a part of this
Agreement and hereinafter referred to as the "Properly", to County for the purpose of
constructing public transportation improvements adjacent to the existing right-of-way
along Davis Boulevard; and
WHEREAS, Owner recognizes the benefit to the public and desires to now
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.
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:
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to County, via a Warranty Deed to County at no
cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed Warranty Deed and Owner's Affidavit) is
hereinafter referred to as the "Closing."
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. Prior to
Closing and as soon after the execution of this Agreement as is possible, Owner
shall provide County with a copy of any existing title insurance policy and the
Closing Documents, properly executed, witnessed, and notarized where required,
in a form acceptable to County.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days of the date of execution of this Agreement or
within thirty (30) days of County's receipt of all Closing Documents, whichever is
the later. This agreement shall remain in full force and effect until Closing shall
occur, until and unless it is terminated for other cause. County shall be entitled to
full possession of the Property at Closing.
County shall pay all fees to record any curative instruments required to clear title,
and all Warranty Deed recording fees. In addition, County may elect to pay
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2/26/2013 16.D.7.
reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the Property.
County shall have sole discretion as to what constitutes "reasonable processing
fees!
6. This Agreement and the terns 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, andfor assignees,
whenever the context so requires or admits.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this 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.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DATED: I -:Z -1 -1
�11,11'-ignatu�ro)
t�1o�G+�v
Name (Print or Type)
1/147- f--)-
Witness (Signature)
M.kE oeor
Name (Print or Type)
Approved as to form and
lqgal sufficiency:
Assistant Co my Attorney
Lag R.vasd: 04rV12
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,'FLORIDA
BY:
Georgia A. Hiller, Esq.
Chairwoman
LIEBIG MANAGEMENT, INC.,
a Florida corporation
B
Y�
Patric T. L'` bVr-resider-,,
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I 2/26/201316.D.7.
PROJECT: Misc. #99999
PARCEL No(s): 264FEE
Folio Nos(s): Portion of 70720400101
WARRANTY DEED
THIS WARRANTY DEED made this r r , day of lcmunrw
20 res, by, � MANAGEMENT, INC., a Florida corporation, whose office
ad s is estAew Drive, Naples, Florida 34104 (hereinafter referred to as
"Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose
post office address is 3299 Tamiami Trail East, Go the Office of the County Attorney,
Suite 800, 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. Grantor and Grantee are used for singular or plural, as the context requires.)
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
See attached Exhibit "A" which is
incorporated herein by reference.
This property was not acquired by the County pursuant to a petition in eminent domain
regarding said property and is not subject to the restrictions imposed by Section 73.013,
Florida Statutes.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of afl encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
Presents the day and year first above written.
WITNESSES:
(5 gnattite)
Aq 0-
(Signature)
M,kr' OPIJT
(Print Full Name)
LIEBIG MANAGEMENT, INC.
a Florida copomfion
By- �g `e, /W
Patrick T. Li big, resident
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2/26/2013 16.D.7.
STATE OF r JDil d & _
COUNTY OF 1 %i P f
The foregoing Warranty Deed was acknowledged before me this r-} h day of
20 13 , by PATRICK T. LIEBIG, as President of Liebig Management,
Inc., a Florlda corporation, on behalf of the corporation, who:
is is personally known to me
OR
produced as proof of
identity. t
(affix notarial seal) ' j'-
(Sig re of Notary Pub
(Print Name of Notary Public)
SUMOIAN
Serial / Commission # (if any):''"`+_ gar corux>fon
My Commission Expires:
Approved as to form and
Legal sufficiency:
Assistant Cb'unty Attorney
Last RevkW: 10/1SMo
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