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Neal Communities/Folio #39953520006 CONSERVATION COLLIER PROPERTY MENTiFICATiON NUMBER: 333653620006 RICHMOND PARK DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between NEAL COMMUNITIES ON THE BRADEN. RIVER, LLC, a Florida limited liability company. (hereinafter referred to as "'Contract Purchaser), whose mailing address is 5800 Lakewood Ranch Blvd., Sarasota, FL 34240, 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 4County) WITNESSETH, WHEREAS, 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" (said hereinafter referred to as the "Property ), which is attached hereto and made a part of this Agreement is not yet owned by Contract Purchaser but is to be acquired, WHEREAS, once the Property is acquired it will be donated to Collier County to satisfy the offsite preservation requirement for PL20150001531, Richmond Park, as required by the 2010 Land Development Code amendment (Section 3.05.07 Hi f,iti (a) and (b)), WHEREAS, Contract Purchaser recognizes the benefit to Contract Purchaser and desires to convey the Property to the County for the stated purposes, on the terms arid 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. Contract Purchaser shall convey the Property via a Warranty Deed to County at no cost to the County, unless otherwise stated herein, 2. Prior to Closing, Contract Purchaser 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. Contract Purchaser shall provide such instrumentsproperly 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 fifty (150) 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 Contract Purchaser is aware and understands that this Agreement is sul4ect 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 PU0150001531. Richmond Park, as required by the 2010 Land Development Code amendment (Section 3.05.07, F1.1 (a) and (b)). 5. Contract Purchaser 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 Contract Purchaser 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 Contract Purchaser 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. Contract Purchaser 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 Contract Purchaser'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 Contract Purchaser, Contract Purchaser 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. Contract Purchaser 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 Contract Purchaser, 8. Prior to Closing, Contract Purchaser shall remove or cause to be removed from the Property, at Contract Purchaser'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 Contract Purchaser 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 Contract Purchaser holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Contract Purchaser shall make a written public disclosure, according to Chapter 286, Honda 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 1 IN WITNESS WHEREOF, the Contract Purchaser has caused these presents to be executed the date and year first above written, DATE ACQUISITION APPROVED BY BCC: ..Q._ 2:14 7-0-1 AS TO COUNTY. fled5Lda' DATED: ID)c;27 J,1-€3 ) 7 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ic-7 1 4° BY: l.---- -AO - - as 0 hairipinl s, Deputy Clerk PENNY TAYastri., Chai 40 nature only. Approved as to form and legality A. Jennifer A. ipedio.Assis t County Attorney vii--1 CP .,,,_0-, ,'\ NZ ) 1 , _ AS TO CONTRACT PURCHASER: WITNESSES NEAL COMMUNITIES ON THE ' BRADEN RIVER, LLC, a Florida limited liability company Witness#1 (Signature) BY. NCDG MANAGEMENT, LLC„ a Cheryl Picerno Florida limited liability company, its Vsditness#1 (Print Name) Manager - r BY: 40, J". - R Schley its Manager NArttness#2(Sig re) Kathy Frey Witness#2(Print Natne) 4 EXHIBIT "A" LEGAL DESCRIPTION: THE EAST 105 FEET OF TRACT 32: GOLDEN GATE ESTATES, UNIT 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: 39953520006