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Agenda 06/22/2021 Item #16C6 (Donation Agreement - 4110 GG Pkwy, LLC)06/22/2021 EXECUTIVE SUMMARY Recommendation to approve a Donation Agreement with 4110 GG Pkwy, LLC, a Florida limited liability company to accept property and infrastructure located at 4110 Golden Gate Parkway. OBJECTIVE: To accept land and infrastructure located at 4110 Golden Gate Parkway to facilitate additional parking for the Golden Gate Golf Course. CONSIDERATIONS: The owners of 4110 Golden Gate Pkwy, LLC (Seller) are willing to donate the land and infrastructure to the County. The subject property lies on the South side of Golden Gate Parkway, approximately 300 feet West of State Road 951intersection. The land is rectangular in shape with 195 +/- feet fronting on Golden Gate Parkway and a depth of 105 +/- feet. The building encompasses the majority of the land and was built in 1965 and is currently an open shell consisting of 4 rooms on the first floor and 2 rooms on the second floor. A stipulation contained in the Final Judgment (back-up to this item) regarding a parking dispute related to the property offered for donation, dated June 22, 1995, provides for Seller’s property and the Golden Gate Inn property to share non-exclusive parking areas that are described in Exhibits B and D to the Warranty Deed dated March 9, 1979, and recorded in O.R. Book 812, Page 1362, of the Public Records of Collier County, Florida. Location Map 1 and Location Map 2 (back-up to this item) show the shared non- exclusive parking areas, which are estimated to be approximately 225 parking spaces. FISCAL IMPACT: The total cost of the acquisition should not exceed $3,900. ($1,900. For Phase I Environmental Audit and $2,000. for a title commitment, title policy, closing costs and recording of the documents). Funds are available in Countywide Capital Projects Fund (301), Golden Gate Golf Course (Project No. 80412). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. - JAB RECOMMENDATION: That the Board of County Commissioners: 1) Approves and accepts the attached Donation Agreement from 4110 GG Pkwy, LLC; and 2) Authorizes the Chair to execute the Donation Agreement with 4110 GG Pkwy, LLC and any and all other County Attorney’s Office approved documents related to this transaction once they have been approved by the County Attorney’s Office; and 3) Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement. Prepared By: Toni A. Mott, Manager, Division of Facilities Management 16.C.6 Packet Pg. 1623 06/22/2021 ATTACHMENT(S) 1. Donation Agreement - signed (PDF) 2. Location Map 1 (PDF) 3. Location Map 2 (PDF) 4. Final Judgement (PDF) 16.C.6 Packet Pg. 1624 06/22/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.6 Doc ID: 16234 Item Summary: Recommendation to approve a Donation Agreement with 4110 GG Pkwy, LLC, a Florida limited liability company to accept property and infrastructure located at 4110 Golden Gate Parkway. Meeting Date: 06/22/2021 Prepared by: Title: Manager - Property Acquisition & Const M – Facilities Management Name: Toni Mott 06/10/2021 12:49 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 06/10/2021 12:49 PM Approved By: Review: Facilities Management Damon Grant Director - Facilities Completed 06/10/2021 1:00 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/10/2021 2:02 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/10/2021 5:03 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/11/2021 10:18 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/11/2021 10:59 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2021 1:28 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/14/2021 10:48 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/14/2021 6:13 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/16/2021 12:23 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM 16.C.6 Packet Pg. 1625 POPERTY IDENTIFICAT10N NUi゛ BER: 35640240004 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafrer referred to as the ,,Agreement',) is made and entered into by and between 4ll0 GG PI(WY, LLC, a Florida limited liability company, (hereinafter referred to as "Owner,'), whose mailing address is 424.1 Corporate Square, Naples, FL 34104-4754, and COLLIER COUNTY, a potitical subdivision ofthe State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "County"). WTNESSETH: WHEREAS, Owner is the owner of that cedain parcel of real property and structure (hereinafter collectively 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 Minager of Real Property Management or designee is authorized to enter into such mutual ;ritten 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. 16.C.6.a Packet Pg. 1626 Attachment: Donation Agreement - signed (16234 : 4110 GG Pkwy LLC Donation) 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 S. This provision shall survive Closing and is not deemed satisfied by conveyance of tifle. 7. The cost of a title commitment and title policy shall be paid by County. 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 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 County. 8. This Agreement and the terms and provisions hereof shall be effective as ofthe 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 assig nees, wheneverthe context so requires or admits. 9. 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. 10. lf 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 andassigns. (lf the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 5'l7, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 16.C.6.a Packet Pg. 1627 Attachment: Donation Agreement - signed (16234 : 4110 GG Pkwy LLC Donation) 11. Thrs Agreement is governed and conslrued in accordance with the laws of the State of Florida lN WTNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above wrinen. DATE ACOUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: CRYSTAL K KINZEL,Clerk ,Oeputy Clerk AS TO owNERI WITNESSESi BOARD OF COUNttY COMMISS10NERS COLLIER COUNTY FLORIDA 4110 GG PKVVY,LLC a Flo「lda∥mted liability company BYI BY PENNY TAYLOR,CHAIR Approved as to fOrrn and legalty 」enn fer A…A33 Stanl C¨ "ボ ― 16.C.6.a Packet Pg. 1628 Attachment: Donation Agreement - signed (16234 : 4110 GG Pkwy LLC Donation) EXHIBIT A Commencing at the Northwest corner of Block '1, Golden Gate Unit 1 as recorded in Plat Book 5, Pages 60 to 64, inclusive, of the Public Records of Collier County, Florida, thence along the North line of said Block 1, East 15.0 feet for a place of beginning; thence continuing along the North line of Block 1, East 185.80 feet; thence South 74.98 feet; thence South 49' 30'West 34.82 feet: thence West 95.65 feet; thence South 1.4 feet; thence West 12.69 feet; thence North 1 .4 feet; thence West 6.83 feeti thence South 1.4 feet; thence West 8.57 feet; thence No(h 1.4 feet; thence West 3.58 feeti thence South 7.35 feet; thence West 32.0 feet; thence North '104 94 feet lo the place of beginning Together with the easements described in Page 2 of Warranty Deed recorded in Official Records Book 812, Page 1326 of the Public Records of Collier County, Florida, and the Exhibits attached thereto, also attached hereto as Exhibit B. TAX IDENTI FICATION NUIVIBER: 35640240004 @ 16.C.6.a Packet Pg. 1629 Attachment: Donation Agreement - signed (16234 : 4110 GG Pkwy LLC Donation) OR 4896 PC 70■ OR 4496 Pc 237■3EXH:BIT V Page l ofり υ ill erenmraes tt&l , ot I .lltlt ED 職螺騨爛躙躙器蹴編議 1 鴫 ● 躙.榔躍細聯牌■惚颯.岬 “ “‐dH臨鼎11-3●"……,・ 17-■"16.C.6.a Packet Pg. 1630 Attachment: Donation Agreement - signed (16234 : 4110 GG Pkwy LLC Donation) OR 4896 PG 702 OR 4496 ,G 2372 置 112PAGE1820 @lll! r. 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T2-口 "… 16.C.6.a Packet Pg. 1636 Attachment: Donation Agreement - signed (16234 : 4110 GG Pkwy LLC Donation) LOCAT:ON MAPl Legend ffi eart ot Cof Cou6€ a mw undar coltisr couniy Offiechip I Parking EsmtABatl ($ drssibed tn Exhibit B) f_--l earg: crantor (ss dcaqibcd in Exhibit C) l---l e"rg' Gnntcc (d dcscdb.d in ExhibitA) G●:den Cate Co:r Course Co:den cate Pttwγ a C。田:er Bivd 16.C.6.b Packet Pg. 1637 Attachment: Location Map 1 (16234 : 4110 GG Pkwy LLC Donation) LOCAT:ON MAP2 Legend 回 Parに ng Esmt Area#2(as deSCibed in Exhibl D) Parυ :Grantor(as deSCnbed in Exhibn D)(Pmpe●now part of Gor Course) □Pa":Gmnね o(aS desttbed h Exhわ l Al ∈ 溜t?畠 qヽ Colden cate Cor Course C●:den Cate P“wγ a c。口:er 8:vd 「Ⅲ 賞、3・轟」直・出幅「LF5整露ユニ″ ¨ ｀ IЪ 盈嚇 l J CUENI Colll€r County PARK:NG EASEMENT AREA r2 16.C.6.c Packet Pg. 1638 Attachment: Location Map 2 (16234 : 4110 GG Pkwy LLC Donation) 夕I I″T″ `α 留 4'C°r/Fび側 `"搬 I副勇 υ`cl AL CIRCrJITtr=R COIP―′ FLORIDAclvrr. DIvIS10″ nOBFRT VOCISANO and “ AR10 , リ,,′,′7War1 0F gυ ROPI′ a Fiorid● ′ Go■eral PartaershiP′ F―r ′ BOソ IIP′ APIIOW FERRARO′ , 月OB`RT HrSI′Lル 0′ JOSEP″Roro″aο ′ FRED VOISI″′ CJARLES ,P.30VLE′DAtt SOIPSII aだ ′ VOCI.SWO′ Praintjff`′ V. EUa,'S-? PAL,aDI'IO, D€tendanta . CASE ttO.= 92-2589-CA-01-TIB ′ ′ リ ――一 ――一一 ――一一一 ‐ 一一一一 ― 一 ′ TllIS CAυ SF havi Court, having hca exhibits and havi l. That Pl the use of two ( 2 'rNon-exc lrrs i ve pa ribed in exhibits tlB== and ilD" tO a Warra I979 recorded in O.R. BOOk 812, page 1326` 6 Floricta. E' .8.:; 2, The cost of naintenance of the non-exclusive parklngg- d areas lncludes the follouing: The cost to nalntain the parking areas, the cost to naintaln the plantlng areas, the cost of electricity to light the areas, the cost to naintain the sprinkler aysten and the cost to repair the fixtures located upon the non- excLusive parking areas, so long as the uork shich is done, as eell as the cost therefore, are reasonable. 3. The court is unable to ascertain uhether there ever 員:彗"rds or collier county, O.'r 心 inony ot Bi tn areasrt ) nore lこ l■si[Vi]::lw:le i:量 theei19htil:ili:i: :::: 16.C.6.d Packet Pg. 1639 Attachment: Final Judgement (16234 : 4110 GG Pkwy LLC Donation) ( ex i ste(l two hurrdrb( trrenty t i vo exclusive p rking arca. い)P・ lrk h` -oR: 2o?8 K: o{?o/ spaces in the non- the Counter CIa in day′ count 2 of the 4. 'l'hc instol lotion ol <:ut't.r:; in the non-cxclusive parking area clitl not decrease thc legitinato parking spaces in the non- excl us i ve P.rrking are.l . O.TIDE:RED AIV I) AA,L, TX;ED AS TOIIOUS: 1. That Plaintiff shall recover fron Defendants, Touch of Europe, a t'lorida general. partnership, Frank Boyle, charles 8oyle, August Palladino and Dale Soinski, the sur of 55.ooo.oo for resurfacing ot. the asphalt in the non-cxclusive parklng area, the aum of $27.5oo.0o for naintenance in the non-exclusive parking areas for the years 1989 3, for a total juclgnent of S32′500.00, whiCh sum at the rate of eight percent ( 8? ) per a as amended by Latrr. f or which 2. That a」favor of Plaintiffs and and against Def that Defendants 3. That a 」-is hereby counter clain as fol lows: a) In favor of the Plalntiffs and against Defendants on the claim of injunctive relief regarding the non-exclusive parking areas; and b) In favor of the Defendants and against Plaintiffs on the clain for injunctive relief regarding the parking areas used exclusively by Plaintiffs and the Court hereby enters an injunction against Plaintiffs. and orders Plalntirfs to coDpIy with the terra or the agreenent between Plaintiffs and co].lier County. FIorida. 16.C.6.d Packet Pg. 1640 Attachment: Final Judgement (16234 : 4110 GG Pkwy LLC Donation) datod ttbr呻 lyツ ,¨.F10rida,this′4 dayof 1995. ´e"′′】in ψ 6r, on' 2o?8 PG: 9111 "r/ bers in Naples, 士±1 0R: 2073 PC: 1852 '★會 BROこ ′SSEAこ ′′ 」 υ¨E7フ』9D rr_ cr―υ trT COIPOuFp cOPIIs TO= DUしく′|′ぅ)6■J. “ ICJAEL m21gJJ′ 印 JR" JR. ROBERT―SIBLι0 “ ICIAF二 F. BEAL′ ES9」IR` ln ari ll, Corr C.qrilt rro |t a t(r a.{ cff!.rct .O0r rrl oltEa.{' tha a6.nlEa. u NtgL 16.C.6.d Packet Pg. 1641 Attachment: Final Judgement (16234 : 4110 GG Pkwy LLC Donation)