EMS Site Donation Agreement PROJECT: EMS SITE AT HACIENDA LAKES
PARCEL: 48586001022 (parent tract)
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between Hacienda Lakes of Naples, LLC, a Florida limited liability
company (hereinafter referred to as "Owner"), whose mailing address is 7742 Alico Road, Ft.
Myers, FL 33912, and COLLIER COUNTY, a political subdivision of the State of Florida,
(hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East,
Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County, fee simple title to
the lands described in Exhibit "A" (hereinafter referred to as the "Property"), for the purpose of
constructing an EMS station on the Property. Exhibit A is attached hereto and made a part of
this Agreement;
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; 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 pursuant to Section V.A. of Ordinance No. 2011-41, Owner shall receive
Emergency Medical Services Impact Fee credits in the amount of $43,175.85 per acre 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 Warranty Deed to County subject to County
providing Emergency Medical Services Impact Fee credits in the amount of $43,175.85 per
acre.
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;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Property.
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. 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 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.
1
6. 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.
7. 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.
8. 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.)
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC: C' �ri ►'y 23 1 ..1- I
AS TO COUNTY:
DATED: 1' I 1 I ioon
ATTEST: BOARDO' tl TYCOMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIE' •
' 1TY, FLORIDA
� //
\01..•
L ,P QQ g ,� By:
uty Clerk PENNY TAYL 2R, Chair
Attest as t cd
t,
signature only.
AS TO OWNER:
HACIENDA LAKES OF NAPLES, LLC
a Florida limited liability comps
( WIT ESSES:
By: Pir—> �
►vi Y',ss (Signature) DAVID . T•RRES, its'Minager
Name: l` 7, - 7) 6 -
7)
- iii- �
Wiitr4es (Signa ure)
Name: y77_- 6,.- `/''✓.pi � �
(Print)
Approved as to form and legality:
A. A Ae_.._
J- "ifer A. Belpe•.o`• cs>
� 'rib\,,
Assistant County At •rney
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G:\SURVEY\PROJECT SURVEY 2017\10 — HACIENDA LAKES EMS—25\SURVEY\17-10—LAS.DWG