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Willoughby Drive LLC Donation Agreement CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBER: 39959320006 Willoughby Preserve DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company, (hereinafter referred to as "Owner"), whose mailing address is 5290 Golden Gate Parkway, Naples, FL 34116, 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 as follows: THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT 77, GOLDEN GATE ESTATES, UNIT NO. 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 39959320006 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. y A� 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. The purpose of the Agreement is to satisfy the offsite preservation requirement for PL20140001842, Willoughby Preserve, as required by the 2010 land Development Code amendment (Section 3.05.07, H.1.f.i. (a) and (b). 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 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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 shall be borne and paid by Owner. 8. Prior to Closing, Owner shall remove or cause to be removed from the Property, at Owner's sole cost and expense, any and all exotic vegetation on the Property deemed necessary to be removed by County. 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. 2 .0) 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.) 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: .c '► /t' /3 I 5 /. '• AS TO COUNTY: ` �`' � lb DATED: I 0-a l-?Lj ATTEST: " " ,; BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROOK,/Clerk COLLIER COUNTY, FLORIDA 1 OLLL ac . BY: �,� �e- Attest as to • 1.`eputy Clerk TIM NANCE, Chairman Approsdw-aas _,,,i_. nd legality: ` 4-) Jennifer, . Belp dio, ant County Attorney 4.6 oP AS TO OWNER: `? WILLOUGHBY DRIVE LLC, a Florida Limited t Liability Company Witness#1 (s gnature) BY: FLORIDA RENTAL SPECIALIST LLC, a Delaware Limited Liability Company 1..—au r€,Yl --1-0Awc k Witness#1 (Print Name) Its: Managing Memk. r f eel ,' 11 i 1 (0' BY L. --' ." .- Witness#4.ig ature) JONAT to N,.$ C '~AN as Manager Witness#2(Print Na e) 3 0 CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBER 39959320006 INSTR 5195666 OR 5214 PG 2030 Willoughby Preserve RECORDED 11/16/2015 12:24 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Prepared by: COLLIER COUNTY FLORIDA Jennifer A. Belpedio,Assistant County Attorney DOC @.70$0.70 REC$18.50 Office of the County Attorney 3329 East Tamiami Trail, Suite 800 Naples, Florida 34112-5749 (239)252-8400 WARRANTY DEED THIS WARRANTY DEED is made this W.. day of J\; 7 , 2015, by WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company, by its undersigned Managing Member, whose mailing address is 5290 Golden Gate Parkway, Naples, FL 34116, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and"Grantee" include all the parties to this instrument and their respective heirs, legal representatives,successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT 77, GOLDEN GATE ESTATES, UNIT NO. 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 39959320006 Subject to easements, restrictions, and reservations of record. THIS IS VACANT, UNIMPROVED, AND NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA, DATED: 6,1 1 i 3 liugsITEM NO. ...1.112-P-1- IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company 7 Witnes signature) BY: FLORIDA RENTAL SPECIALIST LLC, a Delaware Limited Liability i c eve ,) Company Witness#1 (Print Name) Its: Managing - l BY: 4;44. Witness#2(Signature) JONATH ,�,7'TMAN as Manager Witness#2(Print Name) STATE OF NW) V (\- COUNTY OF I\Q V ( Y The foregoing Warranty Deed was acknowledged before me this day of _, ON\,nJ1TIA1 , 2015 by Jonathan Shechtman as Manager of Florida Rental Specialist LLC, a Delaware limited liability company, as sole Managin Member of Willoughby Drive, LLC, a Florida limited liability company, who is p sonaltylc n to me or who has produced as identification. (affix notarial seal) ' t I VulA./1-1 (Signature of Mary P blic) (Print Name o Notary Public) NOTARY PUBLIC Serial/Commission #: O' 2P10 22q'b10� My Commission Expires: aiikti6k'''A. el/W1 CASEY M. SPELLMAN Notary Public,State of New York Registration#01 SP6329364 Approved as to form and legality: Qualified In New York County Commission Expires August 24,2019 Jennifer A. Bio sistant County Attorney S DN 2 :�