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Backup Documents 07/24/2012 Item #16E 2ORIGINAL DOCUMENTS CHECKLIST & ROU.TING TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T t 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 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 #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. ►Y1ri� r� (Initial) o�e�� Z ?�I 2. �... L Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office — BgV�QZ. qtr 9 (26(12 PRIMARY CONTACT INFORMATION (0ta.r^ (Thr, primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff 1 C Phone Number `7 �/ Contact ►Y1ri� r� (Initial) o�e�� Z ?�I Agenda Date Item was L Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached u l >1 >? Documents Attached INSTRUCTIONS & CHECKLIST is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) _ 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC C Chairman and Clerk to the Board and possibly State Officials.) �. All handwritten strike- through and revisions have been initialed by the County-Attorney's j Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. R1 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. n?_., 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on enter date) and all changes made during the meeting have been incorporat d in the attached document. The County Attorney's Office has reviewed the changes, if applicable. is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 16E2 AONSERVATION 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. 1 16E2 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 1 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. JJ DATE ACQUISITION APPROVED BY BCC: a X20 /Z U AS TO COUNTY: DATED: �°"� vZd �Z- ATTEST: DWIGHT E. BROCK, Clerk • A 1.` - , Deputy Clerk _ too Approved'ag{6form and legal sufficiency: \viBno sv�'� Jennifer-B. White Assistant County Attorney AS TO OWNER: WITNESSES: Di axln �) 4. Dui I Witness #1 (Signature) LlllAIVA L. GLc_•_ itani ! lam. Witness #1 (Print Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'Iul W. BY: FRED W. COYLE, Chai4nhn 3 HIDEOUT GOLF CLUB, LTD., a Florida limited partnership BY: HIDEOUT GOLF CLUB, INC., a Florida corporation, its Sole General Partner BY: Maurice D. Kent, President 16E2 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 AND 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 CONSERVATION COLLIER 16E2 PROPERTY IDENTIFICATION NUMBERS: 61731320001 & 61731360003 INSTR 4732430 OR 4829 PG 1638 RECORDED 8/242012 10:37 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $27.00 ACCESS EASEMENT THIS EASEMENT, made and entered into this o14 day of , 2012, by HIDEOUT GOLF CLUB, LTD, a Florida limited partnership, Whose mailing address is 3025 Brantley Blvd., Naples, FL 34117, as Grantor to 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, 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.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive easement for the purpose of accessing the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, for the purpose of constructing, operating and maintaining an access trail, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstruction or obstacles within the limits of the Easement Property to afford ingress and egress access thereon. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA, q DATED: } �- 2o�L ITEM r 11aLza -- WITNESSES: Witness #1 (Signature) 1LlwNr\0- QurtNi-ant licz Witness #1 (Print Name) s #2 (Signature) \ �Z Ve, #2 (Print Name) STATE OF f-10ri&C, COUNTY OF CDII;Cx- 16E2 HIDEOUT GOLF CLUB, LTD., a Florida limited partnership BY: HIDEOUT GOLF CLUB, INC., a Florida corporation, Its Sole General Partner BY: rice D. Kent, President The foregoing Access Easement was acknowledged before me this 2^a day of 2012 by Maurice D. Kent, as President of Hideout Golf Club, Inc., a Flo ida gorporation, Sole General Partner of Hideout Golf Club, LTD., a Florida limited partnership, on its behalf, who is personally known to me or who has produced notldA brivers Lib. as identification. (affix y 28,?p��A �y . ._ #EE0314M Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney L� • �' - r?� z1 t�CLI�.L (Signature of Notary-Public) I Aa/ n • /� (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #: _ My Commission Expires: M 16E2 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 AND 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 3 CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBERS: 61731320001 & 61731360003 16E2 INSTR 4732429 OR 4829 PG 1635 RECORDED 824/201210:37 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 SUBORDINATION, CONSENT AND JOINDER OF EASEMENT THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this 2- day of , 2012 by KENT & KENT, a Pennsylvania general partnership, whose p t office address is 404 E. Lancaster, Wayne, PA 19087, (hereinafter referred to as "Mortgagee "), in favor of 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 "Collier County "). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage and Security Agreement by and between Hideout Golf Club, Ltd., a Florida limited partnership and Kent & Kent, a Pennsylvania general partnership, dated January 1, 2012 and recorded on February 27, 2012 in Official Records Book 4768 Page 759; that certain Assignment of Leases, Rents and Profits, dated December 31, 2011 and recorded on February 27, 2012, in Official Records Book 4768, Page 790; and that certain Uniform Commercial Code - Financing Statement recorded February 27, 2012, in Official Records Book 4768 Page 798, et seq. of the Public Records of Collier County, Florida, (hereinafter collectively referred to as "Mortgage "), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property "); WHEREAS, Collier County has requested and received from the fee simple owner of the Encumbered Property a perpetual non - exclusive easement for purpose of accessing over, under, on and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference (which premises are hereinafter referred to as the "Easement Property "); and WHEREAS, Collier County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that Collier County has in the Easement Property to which request Mortgagee has agreed. 16E2 NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain access easement described herein over, under, on and across the Easement Property and any interest of Collier County located therein or affixed thereto. Except as subordinated to the access easement described herein over, under, on and across the Easement Property, or located therein or affixed thereto, said Mortgage shall remain in full force and effect. IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. L�CQ11 /i t pit I! �A n r 11i . Witness #1 (Signature) KENT & KENT, a Pennsylvania general partnership Dianna_ ©t r )i(ja_ ess #1 (Print Name) BY: 0z Nat,vx- - r\ it ass #2 (Signature) -;k j Title: f.% (I -T 04 e rt„_ it ss #2 (Print Name) STATE OF FlyrIcta COUNTY OF CDI I►CY The foregoing Subordination, Consent and Joinder of Easement was acknowledged before me this �rVA day of , 2012, by 1%.y ri c _ 1). n 1- (name), as (title) on behalf of Kent & Kent, a Pennsylvania general partnership, who did take an oath, and who (check one): is personally known to me OR X produced 451,0'H &A U L„ce as proof of identity. Approved as to for (affix notarial seal) Assistsnt County Attorney QChJ1/ld i &( (Signature of Notary Public) A1rnna L. Q Ld1aLgM:l IQ (Print Name of Notary Public) Serial / Commission # (if any): it C 031404 My Commission Expires: Mi Y ` .6 16E2 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 F -11TI : 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 3