Kania - Donation Agreement CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775560008
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between GINNIE EVANS POOVEY KANIA, THE HEIR OF CAROL
EVANS TRIPLETT ESTATE, (hereinafter referred to as "Owner"), whose mailing address is
229 Bay Hill Drive, Spartanburg, SC, 29316-7718, 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;
and
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 at Closing an amount not to exceed Two Thousand
and 00/100 Dollars ($2,000.00) allowance towards the cost of an acceptable probate
transaction. At least fifteen (15) days prior to Closing, Seller 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 a Warranty Deed to County at no cost to the
County, unless otherwise stated herein.
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.
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4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within two hundred seventy (270) 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.
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.
9. The 2011 Collier County property taxes shall be paid by the County.
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.
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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 Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: %\a/-1 g-012-
\ 110 '4
AS TO COUNTY: ace°L
DATED: %V.-`?ro12..
ATTEST: ,r�• t BOARD OF COUNTY COMMISSIONERS
DWIGHT E., OCK;'Cte c. COLLIER COUNTY, FLORIDA
am' , ,' � .�
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BY:
•%0 } b Suty Clerk FRED W. COYLE, Cha man
Attu ss +
itwitin all
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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AS TO OWNER:
WITNESSES:
W Hess#1 (Signature
5C illl(& Iso
Witness#1 (Print Name) .4 ,u..; a•-.11 ! •:a
GI —NIE EVANS POOVEY A NIA,
THE HEIR OF CAROL EVANS
d./14'w4v JQ TRIPLETT ESTATE
Witness#2(Signature)
T 4 s t K-411(11
Witness#2(Print Name)
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EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00775560008
LEGAL DESCRIPTION:
SOUTHEAST (SE 1/4) QUARTER OF THE NORTHWEST (NW1/4) QUARTER
OF THE SOUTHWEST (SW1/4) QUARTER LESS THE EAST 30 FEET AND
THE NORTH 30 FEET OF SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA
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