Agenda 07/24/2012 Item #16E27/24/2012 Item 16.E.2.
EXECUTIVE SUMMARY
Recommendation to approve a Donation Agreement and accept an Access
Easement from Hideout Golf Club, Ltd, a Florida limited partnership for access to
the Conservation Collier Nancy Payton Preserve, at a cost not to exceed $1,300
OBJECTIVE: Approval of a Donation Agreement and acceptance of an Access Easement from
Hideout Golf Club, Ltd (Hideout) to provide legal access from the proposed parking area to the
Nancy Payton Preserve (Preserve).
CONSIDERATIONS: On September 23, 2008, Agenda Item 16E8, the Board approved the
Nancy Payton Preserve Final Management Plan. On April 27, 2010, Agenda Item 16E3, the
Board approved the purchase of the Murphy property which closed on August 16, 2010. The
Murphy parcel located at the southern end of the Preserve was purchased to provide a small
public parking lot. To complete legal access from the Murphy parcel to the Preserve, an access
easement is required from Hideout. A location map is attached.
Hideout has agreed to convey access across the northern 30' of their 2 parcels, to allow public
access to the Preserve. In lieu of requesting compensation for the access easement, Hideout
has asked that their attorney's fees be paid. Attorney fees shall not exceed $750.
At its July 9, 2012 meeting, the CCLAAC approved and voted to recommend Board approval and
execution of the attached Donation Agreement for donation of the aforementioned access, and
also, recommended to pay Hideout's attorney's fees in an amount not to exceed $750. Hideout
will need to supply the appropriate copies of invoices, bills, etc. for the specific work agreed upon
to the County for County's review and approval prior to payment.
FISCAL IMPACT: The total cost of the conveyance will not exceed $1,300 (maximum of $750 for
attorney's fees, and approximately $550 for the title commitment, title policy, and recording of
documents). Real Property Management's Review Appraiser valued the access easement at
$2,000. The funds will be withdrawn from Conservation Collier Land Acquisition Fund (172).
Estimated costs of maintenance in perpetuity have been considered by the CCLAAC and have
been incorporated into the Conservation Collier Long Term Financial Management Plan.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the
Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
Board action - JBW.
RECOMMENDATION: That the Board of County Commissioners:
1) Approves the attached Donation Agreement and accepts the Access Easement once it has
been received and approved by the County Attorney's Office; 2) Authorizes the Chairman to
execute the Donation Agreement and any and all other County Attorney's Office approved
documents related to this transaction; and 3) Directs the County Manager or his designee to
proceed to acquire this easement, to follow all appropriate closing procedures, to record the
easement and any and all necessary documents to obtain clear title to this easement, and to take
all reasonable steps necessary to ensure performance under the Agreement.
Prepared By: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property Management,
Department of Facilities Management
Attachments: Donation Agreement, Location Map, and Proposed Parking -Trail Map
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
7/24/2012 Item 16.E.2.
Item Summary: Recommendation to approve a Donation Agreement and accept an
Access Easement from Hideout Golf Club, Ltd, a Florida limited partnership for access to the
Conservation Collier Nancy Payton Preserve, at a cost not to exceed $1,300.
Meeting Date: 7/24/2012
Prepared By
Name: ErbCindy
Title: Property Acquisition Specialist, Senior,Facilities
6/28/2012 4:31:52 PM
Submitted by
Title: Property Acquisition Specialist, Senior,Facilities
Name: ErbCindy
6/28/2012 4:31:54 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 6/29/2012 11:07:25 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 7/3/2012 4:54:01 PM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 7/3/2012 5:07:15 PM
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
Date: 7/5/2012 7:08:33 AM
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Name: SuleckiAlexandra
Title: Environmental Specialist, Senior,Facilities Manage
Date: 7/6/2012 4:02:03 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 7/9/2012 10:02:17 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 7/11/2012 3:41:14 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/12/2012 10:14:45 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 7/12/2012 1:02:24 PM
Name: OchsLeo
Title: County Manager
Date: 7/12/2012 4:20:53 PM
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7/24/2012 Item 16.E.2.
7/24/2012 Item 16.E.2.
'iONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBERS: 61731320001 & 61731360003
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into by and between HIDEOUT GOLF CLUB, LTD, a Florida limited partnership
(hereinafter referred to as "Owner "), whose mailing address is 3025 Brantley Blvd., Naples,
FL 34117, 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 "County ").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive access easement over, upon and across the lands described in Exhibit "A" (said
easement hereinafter referred to as the "Property "), which is attached hereto and made a
part of this Agreement;
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner 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. County shall provide to Owner or Owner's Representative at Closing an amount
not to exceed Seven Hundred Fifty Dollars and 00 /100 Dollars ($750,00) allowance
towards the cost of reasonable attorney fees. At least fifteen (15) days prior to Closing,
Owner will supply the appropriate copies of invoices, bills, etc. for the specific work agreed
upon to the County for County's review and approval.
2. Owner shall convey the Property via an Access Easement to County at no cost to
the County, unless otherwise stated herein.
3. 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 of a Subordination, Consent & Joinder of Easement of the 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.
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7/24/2012 Item 16.E.2.
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. However, Owner shall not be required
to incur any expenses to release any liens, exceptions or qualifications. In the event, there is
an expense related to release any lien, exception and /or qualifications, the County may elect
to terminate this Agreement or accept the easement subject to any lien, exception or
qualifications, or pay for the expense.
5. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within ninety (90) 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. The Property may be used by County, its contractors, agents, and assigns for the
purpose of access, including public pedestrian access, construction, operation and
maintenance of an access trail, together with the right to trim, cut, fell and remove therefrom
all trees, underbrush, obstructions or obstacles within the limits of the Property to afford
access to the Nancy Payton Preserve. County will pay for any permitting costs to construct
access trail, such as Vegetation Removal Permit.
7. 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.
8. 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.
9. 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.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner 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 286, Florida Statutes.)
2
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7/24/2012 Item 16.E.2.
11. This Agreement is governed and construed in accordance with the laws of the State
of Florida
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:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
MIN
, Deputy Clerk FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
Jennifer . White
Assistant County Attorney
AS TO OWNER:
WITNESSES:
HIDEOUT GOLF CLUB, LTD.,
ar"�zi,2 ; i c,r r r' rr " a Florida limited partnership
Witness #1 (Signature)
Witness #1 (Print Name)
BY: HIDEOUT GOLF CLUB, INC.,
)r ! a Florida corporation, its Sole
/ ,�� E General Partner
tness #2 (Signature)
&tness #2 (Print Name) BY: '� k'R ✓� � ��
Maurice D. Kent, President
3
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7/24/2012 Item 16.E.2.
EXHIBIT "A"
THE NORTH THIRTY (30') FEET OVER, ALONG AND ACROSS THE FOLLOWING
DESCRIBED PARCEL:
THE EAST 132 FEET OF THE SOUTH 165 FEET OF TRACT 11, SECTION 24,
TOWNSHIP 49 SOUTH, RANGE 26, EAST, RECORDED IN PLAT BOOK 4, AT PAGE
34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY TAX IDENTIFICATION NUMBER: 61731320001
J'Al
THE NORTH THIRTY (30') FEET OVER, ALONG AND ACROSS THE FOLLOWING
DESCRIBED PARCEL:
THE SOUTH 165 FEET OF THE EAST HALF OF TRACT 11, SECTION 24,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, RECORDED IN PLAT BOOK 4, AT PAGE
34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EXCEPTING,
THEREFROM, THE EAST 132 FEET THEREOF.
PROPERTY TAX IDENTIFICATION NUMBER: 61731360003
4
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