Backup Documents 11/18/2014 Item #16E9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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.
2.
3. County Attorney Office County Attorney Office
fiCtA5 1% 1'20114-
4.
1I'2.DI144. BCC Office Board of County
Commissioners // IIZA V-k
5. Minutes and Records Clerk of Court's Office
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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 Phone Number Qct.
Contact/ Department C1,\\ (�x.-b c2) 1 17
Agenda Date Item was VAgenda Item Number
Approved by the BCC \\\\ 6 \ 2-01 '4 !(p 9
Type of Document '{ Number of Original
Attached ')0 f"oi (Y\ CLQ Documents Attached
PO number or account lJ
number if document is
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? STA(M P OK 1-411 6
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. WI A
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. C ii/16
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board — 1u/A
5. 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.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's p
signature and initials are required. C�1 C�
7. 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. ( r2
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 t11e1i4(enter date)and all changes made 3 a.:Rt„s
•
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable. "rl
SeC
9. Initials of attorney verifying that the attached document is the version approved by the �`i w�l 4.'E
BCC,all changes directed by the BCC have been made,and the document is ready for t - _46:"
lam+ ./►
Chairman's signature.
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
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MEMORANDUM
DATE: November 24, 2014
TO: Cindy Erb, Sr. Property Acquisition Specialist
Facilities Management Department
FROM: Teresa Cannon, Deputy Clerk
Minutes and Records Department
RE: Donation Agreement— Breeze of Calusa
Folio #39953600007
Attached for your records is a copy of the agreement referenced above,
(Items #16E9) approved by the Board of County Commissioners on November
18, 2014.
The original agreement will be on file in the Minutes and Records Department in
the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment (4)
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CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39953600007
BREEZE OF CALUSA
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between GREEN PALM INVESTMENTS, INC, a Florida corporation,
(hereinafter referred to as "Owner"), whose mailing address is 115 E. Palm Midway, Miami
Beach, FL 33139, 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.
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16E9
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 RZ-
PL201300001752, Breeze of Calusa Rezone as required by the 2010 Land Development
Code amendment (Section 3.05.07 H.1.f.i. (f) and (g).
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
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16E 9
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.)
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: I I - 18 -2„0 14 ATAD, 1\Q m 4 IL, E9
AS TO COUNTY:
DATED: '!1 - '8 - 214
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
tOM'AiJii. C"\-1\331/1-. C5C--
•
--= , Deputy Clerk Tom Henning., C• . man
Attest as to Chairman s
signiture only.
Approved as to form and legality:
CAA I
V
JenRer A. Belp&io, Assistant County Attorney Q
o
3
T
16E9
AS TO OWNER:
GREEN PALM INVESTMENTS, INC.,
(Signature) a Florida corporation
(Printed Name)
BY:
ChristopherPresident
(Signa)urp)
(Printed Name)
4
16E9
EXHIBIT "A"
LEGAL DESCRIPTION:
THE WEST 75' OF TRACT 32, GOLDEN GATE ESTATES, UNIT 65, ACCORDING TO
THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. (1.14 ACRES)
PROPERTY IDENTIFICATION NUMBER: 39953600007
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