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Agenda 07/24/2012 Item #16E27/24/2012 Item 16.E.2. EXECUTIVE SUMMARY Recommendation to approve a Donation Agreement and accept an Access Easement from Hideout Golf Club, Ltd, a Florida limited partnership for access to the Conservation Collier Nancy Payton Preserve, at a cost not to exceed $1,300 OBJECTIVE: Approval of a Donation Agreement and acceptance of an Access Easement from Hideout Golf Club, Ltd (Hideout) to provide legal access from the proposed parking area to the Nancy Payton Preserve (Preserve). CONSIDERATIONS: On September 23, 2008, Agenda Item 16E8, the Board approved the Nancy Payton Preserve Final Management Plan. On April 27, 2010, Agenda Item 16E3, the Board approved the purchase of the Murphy property which closed on August 16, 2010. The Murphy parcel located at the southern end of the Preserve was purchased to provide a small public parking lot. To complete legal access from the Murphy parcel to the Preserve, an access easement is required from Hideout. A location map is attached. Hideout has agreed to convey access across the northern 30' of their 2 parcels, to allow public access to the Preserve. In lieu of requesting compensation for the access easement, Hideout has asked that their attorney's fees be paid. Attorney fees shall not exceed $750. At its July 9, 2012 meeting, the CCLAAC approved and voted to recommend Board approval and execution of the attached Donation Agreement for donation of the aforementioned access, and also, recommended to pay Hideout's attorney's fees in an amount not to exceed $750. Hideout 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. FISCAL IMPACT: The total cost of the conveyance will not exceed $1,300 (maximum of $750 for attorney's fees, and approximately $550 for the title commitment, title policy, and recording of documents). Real Property Management's Review Appraiser valued the access easement at $2,000. The funds will be withdrawn from Conservation Collier Land Acquisition Fund (172). Estimated costs of maintenance in perpetuity have been considered by the CCLAAC and have been 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. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action - JBW. RECOMMENDATION: That the Board of County Commissioners: 1) Approves the attached Donation Agreement and accepts the Access Easement once it has 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 easement, to follow all appropriate closing procedures, to record the easement and any and all necessary documents to obtain clear title to this easement, 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: Donation Agreement, Location Map, and Proposed Parking -Trail Map Packet Page -2957- COLLIER COUNTY Board of County Commissioners Item Number: 16.E.2. 7/24/2012 Item 16.E.2. Item Summary: Recommendation to approve a Donation Agreement and accept an Access Easement from Hideout Golf Club, Ltd, a Florida limited partnership for access to the Conservation Collier Nancy Payton Preserve, at a cost not to exceed $1,300. Meeting Date: 7/24/2012 Prepared By Name: ErbCindy Title: Property Acquisition Specialist, Senior,Facilities 6/28/2012 4:31:52 PM Submitted by Title: Property Acquisition Specialist, Senior,Facilities Name: ErbCindy 6/28/2012 4:31:54 PM Approved By Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 6/29/2012 11:07:25 AM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 7/3/2012 4:54:01 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 7/3/2012 5:07:15 PM Name: HennigMelissa Title: Environmental Specialist, Principal,Facilities Management Date: 7/5/2012 7:08:33 AM Packet Page -2958- Name: SuleckiAlexandra Title: Environmental Specialist, Senior,Facilities Manage Date: 7/6/2012 4:02:03 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 7/9/2012 10:02:17 AM Name: PriceLen Title: Administrator, Administrative Services Date: 7/11/2012 3:41:14 PM Name: KlatzkowJeff Title: County Attorney Date: 7/12/2012 10:14:45 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/12/2012 1:02:24 PM Name: OchsLeo Title: County Manager Date: 7/12/2012 4:20:53 PM Packet Page -2959- 7/24/2012 Item 16.E.2. 7/24/2012 Item 16.E.2. 'iONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBERS: 61731320001 & 61731360003 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between HIDEOUT GOLF CLUB, LTD, a Florida limited partnership (hereinafter referred to as "Owner "), whose mailing address is 3025 Brantley Blvd., Naples, FL 34117, 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, County has requested that Owner convey to the County a perpetual, non- exclusive access easement over, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property "), which 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 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. County shall provide to Owner or Owner's Representative at Closing an amount not to exceed Seven Hundred Fifty Dollars and 00 /100 Dollars ($750,00) allowance towards the cost of reasonable attorney fees. At least fifteen (15) days prior to Closing, Owner will supply the appropriate copies of invoices, bills, etc. for the specific work agreed upon to the County for County's review and approval. 2. Owner shall convey the Property via an Access Easement to County at no cost to the County, unless otherwise stated herein. 3. 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 of 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. Packet Page -2960- 7/24/2012 Item 16.E.2. 4. 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. However, Owner shall not be required to incur any expenses to release any liens, exceptions or qualifications. In the event, there is an expense related to release any lien, exception and /or qualifications, the County may elect to terminate this Agreement or accept the easement subject to any lien, exception or qualifications, or pay for the expense. 5. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) 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. 6. The Property may be used by County, its contractors, agents, and assigns for the purpose of access, including public pedestrian access, construction, operation and maintenance of an access trail, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions or obstacles within the limits of the Property to afford access to the Nancy Payton Preserve. County will pay for any permitting costs to construct access trail, such as Vegetation Removal Permit. 7. 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. 8. 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. 9. 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. 10. 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.) 2 Packet Page -2961- 7/24/2012 Item 16.E.2. 11. 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 first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MIN , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Jennifer . White Assistant County Attorney AS TO OWNER: WITNESSES: HIDEOUT GOLF CLUB, LTD., ar"�zi,2 ; i c,r r r' rr " a Florida limited partnership Witness #1 (Signature) Witness #1 (Print Name) BY: HIDEOUT GOLF CLUB, INC., )r ! a Florida corporation, its Sole / ,�� E General Partner tness #2 (Signature) &tness #2 (Print Name) BY: '� k'R ✓� � �� Maurice D. Kent, President 3 Packet Page -2962- 7/24/2012 Item 16.E.2. EXHIBIT "A" THE NORTH THIRTY (30') FEET OVER, ALONG AND ACROSS THE FOLLOWING DESCRIBED PARCEL: THE EAST 132 FEET OF THE SOUTH 165 FEET OF TRACT 11, SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26, EAST, RECORDED IN PLAT BOOK 4, AT PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY TAX IDENTIFICATION NUMBER: 61731320001 J'Al THE NORTH THIRTY (30') FEET OVER, ALONG AND ACROSS THE FOLLOWING DESCRIBED PARCEL: THE SOUTH 165 FEET OF THE EAST HALF OF TRACT 11, SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST, RECORDED IN PLAT BOOK 4, AT PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EXCEPTING, THEREFROM, THE EAST 132 FEET THEREOF. PROPERTY TAX IDENTIFICATION NUMBER: 61731360003 4 Packet Page -2963- 7 1r% A In r% A el [L-- A f-1 r- Z./-. C) Nj LL Ul M O M -n r CD a Packet Pag -2964- L. u (D O C CL CD tz m E5, 0) 0) CD 0 E? 0 CD CD rn ti CD wr OWN I'M rt 3 mnc -gym gym; 0 v � o -a fi A i } hti N 01 cr, 0 CD ID (G Packet Page -2965- AN O co CD OL m al N CD s CD s O O O 7 O CD Lo CD CL w O ° = OJ J rD La CD �_ UY CD CD r m m CL ..2. A, WNW two�.h 1®1+ p 1�1 YsF M� ar' �r xA z rte+ L N 01 cr, 0 CD ID (G Packet Page -2965- AN O co CD OL m al N CD s CD s O O O 7 O CD Lo CD CL w O ° = OJ J rD La CD �_ UY CD CD r m m CL ..2. 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