Tree Farm Rd-Nicaea Acad PUD
PROJECT: Collier Boulevard
PARCEL NO.: Tree Farm Road - Nicaea Academy PUD
FOLIO: Part of 00192960003
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 11-(-J1Aday of I ,~DrY!, 26æ, by and between BARTON
MciNTYRE AND WENDY MciNTYRE, as husb nd and wife whose mailing address is
2200 Santa Barbara Blvd., Naples, Florida, 34116, (hereinafter collectively referred to as
"Owner") to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"County") .
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County via Warranty
Deed a fee simple interest over, under, upon and across the lands described as the
southernmost 40 feet of the South % of the South % of the South % less the West 100 feet
thereof in Section 26, Township 48, Range 26 East, Collier County, Florida (hereinafter
referred to as the "Property");
WHEREAS, Owner is required pursuant to Ordinance 03-64 (Nicaea Academy PUD) to
convey the Property, free and clear, 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.
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 marketable title to the Property to County, in a form acceptable to
County and at no cost to the County, unless otherwise stated herein. Said conveyance
(Owner's delivery to County of a properly executed easement instrument) is hereinafter
referred to as the "Closing."
3.
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.
4.
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.
5.
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.
6. 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.
7. Owner 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 Owner's representation
under Section 6. 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. Owner shall be responsible for paying any costs and/or fees associated with
the securing and recording 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.
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. 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 pubiic, it is hereby exempt from the provisions of
Chapter 286, Florida Statutes.)
11 . This Agreement is governed and construed in accordance with the laws of the State of
Florida
Donation Agreement
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: Ordinance 2003-64, effective on December 1,2003.
AS TO COUNTY:
DATED: I} I 1'71 dt)Oí/
ATTEST: .c·
DWIGklfÊ.:B~K Clerk
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AS TOcGWNERS:
BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLORIDA
BY:
Donna iala, Chairman
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L. MciNTYRE
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Approved as to form and
legal sufficiency:
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~lIen T. Chadwell
Assistant County Attorney
Donation Agreement
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