Folio #39440160005 (Donation) NE Wellfield
FOLIO NUMBER: 39440160005
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between JEAN COHEN, Trustee of the Jean Cohen Revocable
Trust dated 9/28/76, (hereinafter referred to as "Owner"), whose mailing address is P.O. Box
654, Bonita Springs, Florida 34133-0654, and the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, its successors and assigns, whose address is 3335 Tamiami
Trail East, Suite 101, Naples, Florida 34112-5356, (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 as follows:
Tract 3, Unit 52 Golden Gate Estates, according to the Map or Plat thereof as
Recorded in Plat Book 7, Page 92, of the Public Records of Collier County, Florida;
and
WHEREAS, Owner desires to convey the Property to County 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 on the terms and conditions set forth herein, said terms including that no
compensation shall be due and payable for the Property by County;
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. With the exception set forth in Paragraph 3 hereof, 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
1
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. Owner and County acknowledge the existence, upon the public record, of certain
Code Enforcement liens encumbering the Property arising from actions related to other
property within Collier County now or formerly held by Owner, and County agrees to assume
all cost and expense associated with obtaining a release of the Property from the force and
effect of said Code Enforcement liens.
4. Closing shall occur within thirty (30) 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 representations under Paragraph 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.
The cost of a title commitment shall be paid by County. All other costs associated with this
transaction shall be borne and paid by County.
9. Owner and County acknowledge and agree that the value of the Property, as
determined by a licensed real estate appraiser employed by County, is Twenty-Six
2
Thousand, Five Hundred and no/100 Dollars ($26,500), and that the Property is to be utilized
by County for a valid public purpose.
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 this written Agreement 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. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated:
DATE ACQUISITION APPROVED BY BCC: q/c2 17/oz
AS TO COUNTY:
DATED: y/.7 it//
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E„B lacK, Clerk COLLIER COUNTY, FLORIDA
Attlist, (t" ice,y yt)Clerk FRED W. COYLE, Ch man
;49h,4url..Aa�'�
`'4 s i!•
Approved as to form and legal sufficiency:
Je ifer B. White
Assistant County Attorney r,
3
AS TO OWNER:
DATED: -3 ate—,`).
WITNESSES:
0....►-- '
Witness 'Tl( ignature) `
N tnvc e,..\ .-.. -. ./,-.. ._I-OU lk I , C441.3
Witness#1 (Print Name
JEA t OHEN, Trustee of the
, 411
N Jean Cohen 'evocable Trust dated 9/28/76
W- .2 (Signature)
ladvve7- DoAi &—
Witness#2(Print Name)
4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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#1 through#4,complete the checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date.
. (List in routing order)
1.
2.
_3.
4.
•
5. Ian Mitchell, BCC Office Board of County Commissioners w 46
Supervisor N `
6. Minutes and Records Clerk of Court's Office
•
PRIMARY CONTACT INFORMATION
(The 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 ^ r Phone Number
Contact HA I'/ S /� V S SGLL 0ZS02 -p2t23
Agenda Date Item was Agenda Item Number to
Approved by the BCC A7121 L. e2 41, 021 i 1._ / C
Type of Document p e Number of Original
Attached Do NA 77D71' //G-F-rella. T Documents Attached 0.
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. 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
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the CountyAttorney's 4I/4 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.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VI`'1�
signature and initials are required.
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 Yl. t�/2(enter date)and all changes
made during the meeting have been incorporated in'the attached document.The '1/4"—pe
- County Attorney's Office has reviewed the changes,if applicable.
1: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