Vincentian Village Donation Agreement CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39493560005
VINCENTIAN VILLAGE PUD
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between GLOBAL PROPERTIES OF NAPLES, LLC, a Florida
limited liability company, (hereinafter referred to as "Owner"), whose mailing address is 2614
Tamiami Trail North, Suite 615, Naples, FL 34103, 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.
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.
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 one hundred twenty (120) 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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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
PL20130001767/CP-2013-10, Vincentian Village PUD, as required by the 2010 Land
Development Code amendment (Section 3.05.07, H.1.f.i. (a) and (b)).
5. Owner represents that to the best of Owner's knowledge the Property and all uses
of the Property have been and presently are in compliance with all Federal, State and Local
environmental laws; that to the best of Owner's knowledge 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.
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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.)
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: ...„0/'16,- /c2 i 02O l 1i
AS TO COUNTY:
.-C° arra. 11 /62
DATED: 11 -Z. 1 - Z014'
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
, e• yIs' BY:
,�7,.!Tuty Clerk DON A FIALA, Chairman
Attest a
signature only.
Approved as to form and legality:
c
Jennifer A. Belpedio, sistant County Attorney
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AS TO OWNER:
WITNESSES: GLOBAL PROPERTIES OF NAPLES, LLC
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( a Florida limited liability company
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Witness# gnature
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Witness 1 (print Name) --1_,,..
1 1 CH TOPHER SHUCART, AS MANAGER
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Witness# (Signature)
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Witness#2 (Print Name)
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Exhibit "A"
THE EAST 180' OF TRACT 40, GOLDEN GATE ESTATES UNIT NO. 53,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7 PAGE
93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY IDENTIFICATION NUMBER: 39493560005
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