Stebbins (Donation Agreement - Folio #38847200006) CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBERS: 38847200006
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between BARRY S. STEBBINS, (hereinafter referred to as "Owner"),
whose mailing address is 3728 Cypress Creek Drive, Columbus, OH 43228, 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 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.
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 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. 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.
8. The 2013 Collier County property taxes have been paid by Owner.
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.
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.)
2 ��
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: ti).1A, V im) `1 ,c)fr x �• ,' ' al '' j/o L
AS TO COUNTY:
DATED: .— 1 i =}
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
. II.C.1. - 'C'' BY: i
De ut' erk TOM HNNING, Chairman
es o Chairman's ' ,
signature only, . . ,
Approved as to form and legality:
Jennifer--( Belpedio, A tant County Attorney
AS TO OWNER:
✓ f
" tness 1 (Signature)
Wi / ( �_ {/
Witness#1(Printed Name) �AY/i. BBINS. t
' '.tall 1L' 'Nv -�:� 'C rt �/
Witness#2(SignaWe)
Witness#2(Printed Name)
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' _ ., 1 Notary Public.State of OiliC
My Commis on Pxp,,..
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doll!I�1;. ,.1,.,.
EXHIBIT "A"
LEGAL DESCRIPTION:
THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 85, UNIT 42, GOLDEN GATE
ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7,
PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (1.14 ACRES)
PROPERTY IDENTIFICATION NUMBER: 38847200006
ORIGINAL DOCENT ENT CHECKLIST & ROUTING SUP
TO ACC'Ov'IPAN'\ AI.1, ORIGINAL DOCUMENTS SENT TO
THE 13O:\RI) OF COUNTY C'O\I\IISSIONERS OFFICE FOR SIGN:YR RE
print Ott Oink paper. ,\ttach to Original documeur. The completed routin:' slily and original documents are to he tutmarded to the( aunts luorne■ (7thce
at the time the item is placed on the agenda. Sit completed routing slips and original documents must be received in the Count Aims nev Office nu later
thsn Alnnday preceding the Board meetin5.
**NEW** ROUTING SLIP
Ctinplete routing,lines=1 Or,un'2 as appropriate fix additional;i natures dates,andiitr information needed It the document is already complete pith the
ores-amen of the Chairman ;s Coature. through r,rutint_lines through,-;2.complete the checklist.and forward to the County Attotne} Otike.
Route to Addressee(s) IList in routut'order Office Initials Date 7,
1 .
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Counts Attorney Office ('ounts Attorney Office
4. BOO Office Board of County
Commissioners
�. _Minutes and Records j Clerk of Court's Office
PRIMARY CONTACT INFORMATION
vonnally the fulmar. contact is the person who create tprepared the Executive Summary Primary contact information is needed in the event one of Hie
addressees above-nmav need to contact;tail fix additional or if SSln inti'matait
Name of Primary Staff . Phone Number
Contact Department
Agenda Date Item was ! I Agenda Item Number
Approved by the BCC ' w
I s pc of Document Number of Original
Attached k - ' t • �_; � r Documents At ached i • 1 l
PO number OF account-
number if document is .
to be recorded
- -e— r —
__ INSTRUCTIONS & C'IIECKLIST
Initial the Yes column or mark "N in the Not Applicable column, whichever is Yas 1 N,'rA(Not
appropriate. (initial) Applicable)
Does the document require the chairman's original signature`.' ' .
?- Does the document need to be sent to another agency for additional signatures? lives,
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
by the Office of the County Attorney.
4. Ah handwritten strike-through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board _
The Chairman's signature lme date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. , �',
6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
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
dole frame or the BCC's actions are nullified. Be aware of your deadlines! — —
S. The document was approved by the BCC on t,'t(enter date) and all changes made
during the meeting have been incorporated in the attached document. The County RA--oo-i
a ®ri
L Attorney's Office has reviewed the changes, if applicable.
9 Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed h5 the BCC have been made, and the document is ready for the i 3 o x . 9x
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Chairman's si tnature _ _ — --__-- � . nee
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Memorandum
TO: Minutes & Records to the Board
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FROM: Cindy Erb, SR/WA ■ y'w�
Sr. Property Acquisition Specialist '-
Real Property Management
DATE: May 28, 2014
RE: Conservation Collier Land Acquisition Program — Stebbins Donation
Property Identification Number: 38847200006
The Board of County Commissioner of Collier County, Florida has approved the
Donation Agreement pursuant to Agenda Item 16D1, dated May 27, 2014.
Please find attached the Donation Agreement for the above-referenced item. Please
attest to Commissioner Henning's signature as Chairman on the Donation Agreement.
The original fully executed Agreement will remain in your files and you can email me a
copy of the Agreement as soon as its attestation is complete.
Also, please find attached the Warranty Deed, along with a recording slip, to be
recorded. Please contact me at Real Property Management prior to recording the
Warranty Deed, so we can perform a quick GAP search.
I can be reached at Extension 8917. If you have any other questions or concerns,
please advise. Thank you!