Pine Ridge Center West PUD CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39493200006
PINE RIDGE CENTER WEST PUD
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MARCO A. ESPINAR, a single person,
(hereinafter referred to as "Owner"), whose mailing address is 3211 68th Street SW,
Naples, FL 34105, 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, 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 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. Owner shall convey the Property via a Warranty Deed to County at no cost to
the County, unless otherwise stated herein.
2. 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.
3. 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; unless extended by mutual written agreement of the parties hereto. The
Manager of Real Property Management or designee is authorized to enter into such
mutual written agreements on behalf of the County for extensions of up to an additional
sixty (60) days without further approval by the Board of County Commissioners.
4. 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. The purpose of the Agreement is to satisfy the offsite preservation requirement
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for PUDA-PL20180002264, Pine Ridge Center West PUD, as required by the 2010
Land Development Code amendment (Section 3.05.07 H.1.f.i. (f) and (g).
5. 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.
6. 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 5. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. The cost of a title commitment and title policy shall be paid by Owner. Owner
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 any Releases of mortgage(s) recorded against the Property from any
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.
8. Prior to Closing, Owner shall remove or cause to be removed from the Property,
at Owner's sole cost and expense, any and all exotic vegetation on the Property
deemed necessary to be removed 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.
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11. 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.)
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the Owner has caused these presents to be executed
the date and year first above written.
DATE ACQUISITION APPROVED BY BCC: 'A I.l_.,2_0Z)
III id Jb C-"
AS TO COUNTY: f
DATED: t lap lOca--_(_
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
,C614A444A- --___
test aS to Chairniiiffuty Clerk
signttlre anl�, BY: _ _
Approved as to f rm and legality: r✓
- Penny Taylor,Chairperson
Jennifer . Belpedio,Assistan unty Attorney O
AS TO OWNER: p 1
WITNESSES:
(..----1/4')1.--L-1(-------- ,
Witness#1 (Signature)
Brian McNamara
Witness#1 (Print Name)
, M CO . SP NAR
____5
Witness#2 Signature) —�i
Andrea Warden
Witness#2(Print Name)
EXHIBIT A
THE WEST 180 FEET OF TRACT 37, GOLDEN GATE ESTATES, UNIT NO. 53,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7,
PAGE 93, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LESS THE SOUTH 2.26 ACRES AS RECORDED IN OFFICIAL RECORDS
BOOK 5146, PAGE 2711, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. (2.5 ACRES)
TAX IDENTIFICATION NUMBER: 39493200006
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