Backup Documents 10/22/2024 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 p 1 4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney cetoc 10-22-24
Attn. Sally A. Ashkar
2. BCC Office Board of County Commissioners
((IL i CaZ
3. Minutes and Records* Clerk of Court's Office
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of agreement to Vera.Ivanova@colliercountyfl.gov
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Vera Ivanova/Real Property—Facilities Phone Number 239-252-7609
Contact/ Department Management
Agenda Date Item was October 22, 2024 Agenda Item Number
Approved by the BCC
Type of Document Donation Agreement/ SD Orange Blossom, Number of Original 16.A.14
Attached LLC Documents Attached
PO number or account N/A
vI number if document is
et Pr to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. 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 VI
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the VI
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VI
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on above date,and all changes made during VI kA7isno4
the meeting have been incorporated in the attached document. The County an option foil
Attorney's Office has reviewed the changes,if applicable. is line
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line:
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
lij
CONSERVATION COLLIER 16 A
PROPERTY IDENTIFICATION NUMBER 41504160007, 39955680009
The Haven at North Naples MPUD Ordinance No 23-28
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between SD ORANGE BLOSSOM, LLC, a Florida limited
liability company. (hereinafter referred to as `Owner"), whose mailing address is 2639
Professional Circle, Suite 101. Naples, FL 34119, 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/contract purchaser of certain parcels 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. Owner owns Parcel 1. Owner is the contract-purchaser of Parcel 2;
and
WHEREAS, the Owner wishes to satisfy the preservation requirement for PUD
Ordinance No. 23-28, The Haven at North Naples MPUD. by providing for off-site
preservation as required by Land Development Code Section 3.05.07 H.1.f; and
WHEREAS, the total acreage of the Property is 2.28 acres. which exceeds the 1.56
acre minimum required by the Land Development Code (Section 3.05.07 H.1.f) for offsite
preservation.
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 encumbering
the Property, the execution of such instruments which will remove. release or subordinate
such liens 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 one hundred
twenty (120) days without further approval by the Board of County Commissioners
cy
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1
4. Owner acknowledges that. at the time of this Agreement, it does not currently 6A14
own Parcel 2. This Agreement is contingent upon the Owner's successful acquisition of
Parcel 2. The Owner agrees to notify the County in writing upon completion of the
purchase of Parcel 2 and to provide the County with a copy of the recorded warranty
deed confirming the Owner's ownership. If the Owner fails to purchase Parcel 2 and
provide the required notification and recorded warranty deed to the County within forty-
five (45) days after the County executes this Agreement. this Agreement shall be null
and void, unless the delay is due to force majeure events or other circumstances beyond
the Owner's reasonable control. In such cases. the deadline may be extended as
necessary to accommodate the unforeseen events as mutually agreed upon in writing
by the Parties. The Manager of Real Property Management or designee is authorized
to enter into such mutual written agreements on behalf of the County.
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 during the period of Owner's ownership of the Property,
to the best of Owner's knowledge and belief. 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 actual 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 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 (but excluding County's investigative costs or
consultant fees, if any) shall be borne and paid by Owner
9. Concurrent with Closing, Owner shall provide to County the endowment for
management and exotic removal fee as established in the Collier County Parks and
Recreation Division Fee Schedule. Owner shall pay to County a total amount of
cqo
16 V/ 4
$239,280.00, which includes $36,480.00 for exotic vegetation removal on the entire
property (2.28 acres) and $202,800.00 for the adjusted endowment for the minimum
required preserve (1.56 acres).
10. 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.
11. 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.
12. 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.)
13. 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.
SIGNATURE PAGES TO FOLLOW
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
t 6A14
EXHIBIT A
Parcel 1
WEST 75 FEET OF THE WEST 150 FEET OF TRACT NUMBER 46. GOLDEN
GATE ESTATES. UNIT 91. ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 30, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. (1 14 ACRES)
TAX IDENTIFICATION NUMBER: 41504160007
Parcel 2
WEST 75' OF THE EAST 180' OF TRACT No.48, GOLDEN GATE ESTATES,
UNIT NO.65 ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
PLAT BOOK 5 PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY.
FLORIDA. (1.14 ACRES)
TAX IDENTIFICATION NUMBER: 39955680009
DATE ACQUISITION APPROVED BY BCC: /C�/, ,.2��,(J"11 I 6A 1 b
AS TO COUNTY:
DATED: /0/, /a101
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY. FLORIDA
Circuit Court and Comptroller
R, t, to-qq.,,,t,i,.. 4-eitt„Lt_R„\ic,,,
Deputy Clerk
1 p y CA1J -1k
ls Hall, Chalr
4." i, Attest as to Chairman's
Q.,''' signature only
AS TO OWNER:
WITNESSES:
r,i , SD ORANGE BLOSSOM, LLC,
itness#1 (Signature) a Florida limited liability company
Mon%)e..1 Lorclovoi
Witness#1 (Printed Name) BY:
Keith Ge er, Vice President
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Witness#1 (Address) (11
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LVit�Se s#2(Signature) (1- "
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itness#2(Printed Name)
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Witness#2(Address)
111
Approved : . orm and legality:
grA
-44.,Assistant County Attorney
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