Agenda 01/24/2012 Item #16E41/24/2012 Item 16.E.4.
EXECUTIVE SUMMARY
Recommendation to approve a standard form Donation Agreement with Ginnie
Evans Poovey Kania for 10 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $3,000, and approve the Chairman to sign when
completed.
OBJECTIVE: Acceptance of a donation of 10 acres within the Mcllvane Marsh Preserve area.
CONSIDERATIONS: On January 25, 2011, Agenda Item 10B, the Board approved to cease
purchasing properties for the Conservation Collier Land Acquisition Program unless "a very
good deal" comes forward.
Ginnie Evans Poovey Kania, the heir of Carol Evans Triplett Estate, is desirous to convey a 10
acre parcel within the Mcllvane Marsh Preserve for the Conservation Collier Program.
Acquisition of this parcel serves to further complete the protection of environmentally sensitive
lands within the Mcllvane Marsh Preserve project area (see attached Location Map). Ms. Kania
has expressed that she does not wish to spend any more money on this property, including
paying for 2011 Property Taxes. The 2011 property taxes for this property are $300.55 if paid
by March 31, 2012. According to the Collier County Tax Collector's office, an estimated payoff
for the delinquent property taxes by the end of December 2012 would be less than $500.
However, in order to ensure clear title, this property will need to go through the probate process
prior to closing.
At their January 9, 2012, meeting, the CCLAAC approved and voted to recommend Board
approval and execution of a Donation Agreement. Also, CCLAAC recommended to provide
assistance with the probate costs in an amount not to exceed $2,000, and to pay the delinquent
2011 property taxes at closing. The CCLAAC feels that this meets the Board's criteria for being
a very good deal even with assisting with probate costs up to $2,000. Ms. Kania is agreeable
and has been advised that she will need to supply the appropriate copies of invoices, bills, etc.
for the specific work agreed upon to the County for County's review and approval prior to
payment. Ms. Kania will hire a Probate Attorney to perform this work.
Upon completion of the probate process and assurance of clear title, the accompanied standard
form Donation Agreement and a Warranty Deed will be prepared for the County Attorney's
Office review and approval for execution by the Chair and recordation.
FISCAL IMPACT: The total cost of the conveyance will not exceed $3,000 (up to $2,000 for the
probate costs, up to $500 for payment of 2011 property taxes, and approximately $500 for the
title commitment, title policy, and recording of documents). The Real Property Management's
Review Appraiser values this 10 acre parcel at $25,000. The funds will be withdrawn from the
Conservation Collier Trust Fund (172). Because of its environmental condition and its proximity
to the existing Mcllvane Marsh Preserve, this 10 acre donation is not anticipated to increase the
Mcllvane Marsh Preserve perpetual operations and maintenance cost estimates that have
already been considered by the CCLAAC and incorporated into the Conservation Collier Long
Term Financial Management Plan.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the
Collier County Growth Management Plan. ^
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1/24/2012 Item 16.E.4.
LEGAL CONSIDERATIONS: Should the Board approve this item, the remaining matters to be
completed will be in keeping with Board direction set forth herein and fully ministerial in nature,
so that the remaining process can be handled administratively by staff and this Office. This
item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote
for approval. -JAK
RECOMMENDATION: Staff is recommending that the Board:
1) Approves and accepts a standard form Donation Agreement and Warranty Deed once they
have been received and approved by the County Attorney's Office; 2) Authorizes the Chairman
to execute the Donation Agreement and any and all other County Attorney's Office approved
documents related to this transaction; and 3) Directs the County Manager or his designee to
proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed
and any and all necessary documents to obtain clear title to this parcel, and to take all
reasonable steps necessary to ensure performance under the Agreement.
Prepared By: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property
Management, Department of Facilities Management
Attachments: Draft Donation Agreement
Location Map
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1/24/2012 Item 16.E.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.4.
Item Summary: Recommendation to approve a Donation Agreement with Ginnie Evans
Poovey Kania for 10 acres under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $3,000.
Meeting Date: 1/24/2012
Prepared By
Name: ErbCindy
Title: Property Acquisition Specialist, Senior,Facilities
1/6/2012 10:27:57 AM
Submitted by
Title: Property Acquisition Specialist, Senior,Facilities
Name: ErbCindy
1/6/2012 10:27:58 AM
Approved By
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
Date: 1/6/2012 11:33:30 AM
Name: SuleckiAlexandra
Title: Environmental Specialist, Senior,Facilities Manage
Date: 1/6/2012 11:34:44 AM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 1/6/2012 1:03:43 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 1/6/2012 3:32:03 PM
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Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 1/9/2012 11:42:04 AM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 1/12/2012 9:52:19 AM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 1/12/2012 3:16:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/13/2012 4:34:52 PM
Name: FinnEd
Date: 1/13/2012 6:01:01 PM
Name: OchsLeo
Title: County Manager
Date: 1/16/2012 3:30:09 PM
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1/24/2012 Item 16.E.4.
1/24/2012 Item 16.E.4.
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775560008
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into by and between (hereinafter referred to as
"Owner"), whose mailing address is , 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 341'12, "`(hereinafter referred to as "County ").
WITNESSETH:"
0:
WHEREAS, Owner is the owner of fat 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 fie�reto and rnade a part Whereof by reference;
and
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, C
to the County for t
terms including that
County; and
NOW, THERE
($10.00), And other
hereby mutually ack
1. County'thall
and 00/100 Doltio
transaction. At least
copies of invoices, bil
and approval.
cognizes the benefit to b wner,and desires to convey the Property
�d purposes, on .the ,6rms "and', conditions set forth herein, said
pensation shall be due and payable for the Property requested by
-)Kt, in consideration of `these premises, the sum of Ten Dollars
q_-
and valuable consideration, the receipt and sufficiency of which is
►wledged, it is.agreed by and between the parties as follows:
provide to Owner at :Closing an amount not to exceed Two Thousand
($2,000.00) allowance towards the cost of acceptable probate
fifteen (1 -5) days prior to Closing, Seller will supply the appropriate
s;'`Vc.,,for he specific work agreed upon to County for County's review
2. Owner shall convey the Property via a Warranty Deed to County at no cost to the
County, unless otherwise stated herein.
3. 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.
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1/24/2012 Item 16.E.4.
4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within two hundred seventy (270) 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.
5. 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.
6. 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 noticcand otherwise has no
knowledge of a) any spill on the Property, b)�ariy „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.
7. Owner shall indemnify, defend; save 'lland hold harmless the County against and
from, and to reimburse he; 6unty with'rBspectto,��'r�r andatldamages, claims, liabilities,
laws, costs and expenses »(including without limitation reasonable paralegal and attorney fees
and expenses wheth'err fn, 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 o Owner's repc sentation under Section 5. This provision shall survive
Closing and s notA6emed satisfied by conveyance of title.
8. The County shat V. e
recording costs for any curativ(
County shall be responsible fc
and recording a Subordination,
against the Property from the r
including but not limited"tq trs
paid by Owner. The cost ,Of a ti
for' °all costs of recording the conveyance instrument, and
instruments, in the Public Records of Collier County, Florida.
paying any costs and /or fees associated with the securing
onsent & Joinder of Easement of the mortgage(s) recorded
:)rtgagee(s). All other costs associated with this transaction
sfer, documentary and intangible taxes shall be borne and
e commitment shall be paid by County.
9. The 2011 Collier County property taxes shall be paid by the County.
10. 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.
2
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1/24/2012 Item 16.E.4.
11. 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.
12. 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, jts ;successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stocks -for sale to the general public, it is
hereby exempt from the provisions of Chapter 2861 Florida Statutes.)
13. This Agreement is governed and con4rued in accordance with the laws of the State
of Florida
"E
IN WITNESS WHEREOF, the Grantor has causedvthese presents -:to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY;BCC .�
Approved as to form and
sufficiency:
Jeffrey A. Klatzkow, County Attorney
OF COUNTY COMMISSIONERS
Z COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
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1/24/2012 Item 16.E.4.
AS TO OWNER:
WITNESSES:
Witness #1 (Signature)
Witness #1 (Print Name)
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