Loading...
Backup Documents 02/26/2013 Item #16D 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office 0 at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Ic t ter than Monday preceding the Board meeting. .; Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines # 1 through #2_ comnlete the checklist and forward to the Cnnnty Attnrnev nft;rP Route to Addressees (List in routing order) Office Initials Date 1. a ro riate. Initial A licable 2. February 216, 2013 Agenda Item Number 16D7 3. County Attorney Office County Attorney Office dl 2 Z 4. BCC Office Board of County Commissioners S b Q� 3�� �3 5. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Brandy Otero Phone Number 252 -5859 Contact / Department a ro riate. Initial A licable Agenda Date Item was February 216, 2013 Agenda Item Number 16D7 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, Type of Document Agreement Number of Original 1 Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account 426- 138336- 649030 - 61011.1 number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revs .sed 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. Initial A licable 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name; Agency; Address; Phone ) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other p arties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on z!e t W and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of-attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready fo the Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revs .sed 11/30/12 16D7 Ann P. Jennejohn From: FarrisDeborah <DeborahFarris @colIiergov.net> Sent: Wednesday, March 06, 2013 10:08 AM To: Ann P. Jennejohn Subject: RE: 16D7 After it is recorded so I will just print a copy from the Clerk's website — thanks, Sue! Deborah Farris, FRP Paralegal - Real Estate Closing Agent Transportation Engineering Department Collier County Growth Management Division 2885 South Horseshoe Drive Naples, FL 34104 Phone: (239) 252 -5861 Fax: (239) 252 -6638 DeborahFarrisCa7collie[gov.net From: Ann P. Jennejohn [mailto: Ann .Jennejohn(- @collierclerk.com] Sent: Wednesday, March 06, 2013 9:56 AM To: FarrisDeborah Subject: 16D7 Hi Debbie, Brandy requested that that item be recorded, so Teresa is taking it over to recording. Do you want a copy of the item when it comes back or before it goes? Just let me know. Thanks! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(obcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ,r r« INSTR 4808421 OR 4893 PG 2313 RECORDED 3/7/2013 12:40 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PROJECT: Misc. #99999 COLLIER COUNTY FLORIDA PARCEL No(s): 264FEE REC $27.00 FOLIO No(s): Portion of 7072040010 169? DONATION AGREEMENT THIS AGREEMENT (hereinapr referred to as the "Agreement") is made and entered into on this -7t* day of , 20J--�_, by and b nn LIEBIG MANAGEMENT, INC., a Florida corporation, ose mailing address i estview Drive, Naples, Florida 34104 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c% the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County'). WITNESSETH: WHEREAS, County has requested that Owner convey a Fee Simple interest in that portion of its lands described in Exhibit "A ", attached hereto, made a part of this Agreement and hereinafter referred to as the "Property", to County for the purpose of constructing public transportation improvements adjacent to the existing right- of-way along Davis Boulevard; and WHEREAS, Owner recognizes the benefit to the public and desires to now 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as N set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Warranty Deed and Owner's Affidavit) is hereinafter referred to as the "Closing." 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. County shall be entitled to full possession of the Property at Closing. 5. County shall pay all fees to record any curative instruments required to dear title, and all Warranty Deed recording fees. In addition, County may elect to pay .4V 6 reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Property. County shall have sole discretion as to what constitutes "reasonable processing fees." 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 this 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. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO CO NTY: DATED: , Z. \: 1NIGI E, ,111700� Clerk Attest a$ �;o, �'�lerk nature- ont.���', AS &AER: DATED: _1 --- �_ Wit a (Signature) Name (Print or Type) z440— Witness (Signature) /,J,-k,,- yEN r Name (Print or Type) Approved as to form and I al sufficiency: Assistant C my Attomey L" Revbed: 04M12 BY: Chairwoman V COMMISSIONERS FLORIDA LIEBIG MANAGEMENT, INC., a Florida corporation B Y: Patrick T. L bi , resident O Z � 0 O Z �N W Z O CZ� O pWN w O �� 1. <� JO pyJy,. y O J Q Q O1q,�W Z U< W N G O CC W Q 0 V, I- p a�°m w� z5 J W��}.li K O J QWNOU OWTE Om�ioZ<�> Z W Q N W m F U W W? N y Ny1J J Z �0 a0,0 Q1a-m��YW �F-Iw 3W O ¢ N N J 0= 2 Q U Z O W U? W w ¢ La z�gm�ooa�W °a�W�1.�`W U Waaa< zino� Wm7?�aW IL CL W w I,X �o as gl- �owg DOO UO <NYWa00YSW �J� <aQW y�/am Q NZOiZ �22Y�� <UNrZU$U �- 00- Y w a ao m �5 °mJOJW1i�� �pp4W.;5�� CL a{�/ S �n <O OOU Oq2 rnJ0 vZ$ms3 aO�Oa�U$OCOWio W O J Z O W W Z g w N a pgp x 01 SW WOpcO MOO. W U�° <i 'a-0-vi Ell N Q O U � W O Q: W WO Z N r Z w U W Z N a W i0 o �C4 < zm F O vi W o° w ,w N m m Q w wQ O < � N c7 z 7 < =J= IOn m m - -- O 1 cy- an ILO O Z M O j Ln P aM) cy- W 1 N .__________ _______JI ------------ N 00'48'48" W" 135.00' c Spp'� N - O oE- U - N d O �ppv i i U O > i _ < T Z In W C o N w b 38b ion = a u C N F °o a Jaya � = U _ N §T W to W W F rr—. 0Zpjo a. co pa < Fm �W W �i 0 Z<ZW o � o °ow Uo o N N 1 O •----- - --------- --- --Jir-- -- --- - - - --ti N 00'48'49 " -W 131.25' Q- > Ld JI �I I O' M 1 N 1 I Q 1 �1 �I O w zl JI M-- 1 \' - _� O �t0 m Li 0 _ 1 W • cr 0 m Zi O o om N I 1 ,N 00 t I I Ln S 00'48'49" E� 8.00' �hN I 7 a� Co m O o N N Qi 0 z 0 ^ J O. M 0 VK_- Q W z o p O . U- O N N p z cD �p O °w o .14- N Q N 0 0 O W co co m a w (n n Z z w C V ----------------------------- �I/- ------ ------ --------- -- - --- z Z N O N 00*48 49 IW -' 267.57' �, 8.00' i moo N 00'48'49" W o L) ' a i O i Q 30 j N �] oal'ru trsrc z(O"T/LI 'lv Yw'l w %1 t- zloz"l ronl lztozvx io 10 W Z I M W 3 Q -i 3 - Up H 1 0) VjNO F- i 00 F- OOM J � J c Spp'� N - O oE- U - N d O �ppv i i U O > i _ < T Z In W C o N w b 38b ion = a u C N F °o a Jaya � = U _ N §T W to W W F rr—. 0Zpjo a. co pa < Fm �W W �i 0 Z<ZW o � o °ow Uo o N N 1 O •----- - --------- --- --Jir-- -- --- - - - --ti N 00'48'49 " -W 131.25' Q- > Ld JI �I I O' M 1 N 1 I Q 1 �1 �I O w zl JI M-- 1 \' - _� O �t0 m Li 0 _ 1 W • cr 0 m Zi O o om N I 1 ,N 00 t I I Ln S 00'48'49" E� 8.00' �hN I 7 a� Co m O o N N Qi 0 z 0 ^ J O. M 0 VK_- Q W z o p O . U- O N N p z cD �p O °w o .14- N Q N 0 0 O W co co m a w (n n Z z w C V ----------------------------- �I/- ------ ------ --------- -- - --- z Z N O N 00*48 49 IW -' 267.57' �, 8.00' i moo N 00'48'49" W o L) ' a i O i Q 30 j N �] oal'ru trsrc z(O"T/LI 'lv Yw'l w %1 t- zloz"l ronl lztozvx r PROJECT: Misc. *99999 PARCEL No(s): 264FEE Folio Noe(s): Portion of 70720400101 INSTR 4810623 OR 4895 PG 2551607 RECORDED 3/13/2013 11:51 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $27.00 WARRANTY DEED THIS WARRANTY DEED made this 9p) day of 20, by, M MANAGEMENT, INC., a Florida corporation, whose office address is estview Drive, Naples, Florida 34104 (hereinafter referred to as "Grantor") to COLDER COUNTY, a political subdivision of the State of Florida, whose Post office address is 3299 Tamiami Trail East, Go the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee'. (Wherever used herein the terns "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is Incorporated herein by reference. This property was not acquired by the County pursuant to a petition in eminent domain regarding said property and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. Subject to easements, restrictions, and reservations of record, THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: ai n __ Al' WW g 6,46.4 (Signature) - A1' *F pP,+T (Print Full Name) LIEBIG MANAGEMENT, INC. a Florida co oration By: �f Patrick T. ig, Vresident THIS CONVEYANCE ACCEPTED BY THE COLLIER COUNTY, FUW TONERS, PURE LgpEDATED• ITEM NO ��% 16U7 STATE OF ►" 106d0. COUNTY OF 1 }1 e r The foregoing Warranty Deed was acknowledged before me this 9�—h day of 20� by PATRICK T. LIEBIG, as President of Liebig Management, Inc., a Florlda corporation, on behalf of the corporation, who: A is personally known to me OR produced as proof of Identity. (affix notarial seal) _ �(S-Ign6re of Notary Pub CLV rl� (Print Name of Notary Public) Approved as to form and Legal sufficiency: V Assistant my Attorney Lose PAvbW: 10/15110 Serial /Commission # (if any): -- a M�r x n=N1N0 �18ry e. a » zs My Commission Expires: Bod QQR 80 81 Z' Z. zpw W -W, zn LL C, 5z", LLJI ZO QCOial a, 0 2i V) 60 'D - EZ5 mz Li 80� 6 - G T) g X 6 , ;7� < < cc :1 V, G MZ:F.. 13 Z> m NOINS z 0 Z8 wo M < m Ln a. 812i'Ea��,Voi S P, -. I-Pp Lij D z =9 0 ; �t w Ul 0 n V) 0 Z c? 0 tti V) ------------------ ----------- N 00'48'48" W - 135,00' I u :00 CO -�l co rl N't, < UJU)o OOM -J.j ----------- ----------- N 00 267.57' • ri I O 0 z o. M 0 0 V)Z�� 5; 0 S 00'48'49" E' a In 8.00' 1 fll O 0 Z < z tD u r-u C) 0 04 0-,d LO 0 0 0 v N 00 V7 O UJ , M m z CL Z a" w C5 . . . . . 8.00' ........... 1 -0 N 00*48'49" w rill X 22 w CC, CZ) rtn QV Z 'C3 0 1 ------------------------ ------------- N 00*48'49" W 131.25' uj 'In 0 F- U C m y. UJI-j 0, Of IT ----------- ----------- N 00 267.57' • ri I O 0 z o. M 0 0 V)Z�� 5; 0 S 00'48'49" E' "R = 8.00' 1 fll O 0 Z < z C) 0 04 0-,d LO 0 0 0 N 00 V7 O UJ , M m z CL Z a" w C5 . . . . . 8.00' ........... 1 -0 N 00*48'49" w Cj' 22 w CC, CZ) rtn QV Z 'C3 0 ------------------------ ------------- N 00*48'49" W 131.25' c;' y. UJI-j 0, Of of z Jt QQ Lul 6 o o 3: 0 Z Q cd IN 00 ----------- ----------- N 00 267.57' • ri I O 0 z o. M 0 0 V)Z�� 5; 0 S 00'48'49" E' 8.00' 1 fll O 0 Z < z C) 0 04 0-,d LO 0 0 0 N 00 V7 O UJ , M m z CL Z w C5 . . . . . 8.00' ........... 1 -0 N 00*48'49" w Cj' 0 INSTR 4810622 OR 4895 PG 2548 1607 RECORDED 3/13t2013 11:51 AM PAGES 3 PROJECT NAME. Mite WN9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PARCEL 204FEE COLLIER COUNTY FLORIDA FOLIO: Pordonof7ono40010c REC $27.00 WAIVER AND RELEASE i The Undersigned (hereinafter referred to as 'Afflant'), after being duly sworn, deposes and says: 1. Affiant is the President of Liebig Management, Inc., a Florida corporation (hereinafter referred to as 'Company*). 2. Company is the record title holder and owner of property which is required for construction of public transportation improvements to property adjacent to the existing right- of-way along Davis Boulevard, which property is more particularly described in Exhibit A (hereinafter referred to as 'Property" ). 3. Company desires to make a voluntary donation of the fee interest in the Property to Collier County, a political subdivision of the State of Florida (hereinafter referred to as 'County'), for the use and benefit of the public. 4. To that end a certain 'Donation Agreement' was entered into by and between Company and County dated 0A -0n -13 which provided for the conveyance of the Property at no cost to the County. 5. Company has been fully advised by County of the rights of owners of property whose land(s) are under the threat of condemnation, which include but are not limited to the following; To have the land(s) appraised by County; To accompany the real estate appraiser on an inspection of said land(s); To receive, within 15 days after receipt of a request by the fee owner of the land(s), a copy of said real estate appraisal, as well as copies of any right- of-way maps or other documents which depict the proposed taking, and copies, to the extent prepared, of the construction plans that depict the project improvements to be constricted on the property to be taken, and the improvements to be constructed adjacent to the remaining property; To receive full compensation for the conveyance of said land(s) to County; and To payment by the petitioner in any eminent domain proceeding filed by County for the taking of said land(s) of attorney's fees as provided in Section 73.092, Florida Statutes, as well as reasonable costs incurred in the defense of the proceedings in circuit court, in accordance with the provisions of Section 73.091, Florida Statutes. 6. Company is fully aware of, and understands that, the conveyance of said Property to County Is not being made under threat of condemnation, and as such, Affiant is not protected by those rights protecting owners of property whose land(s) are under the threat of condemnation. 7. Company acknowledges the right to wait and see if said lands come under the threat of condemnation as a part of a public transportation project funded by either the County, or by the Florida Department of Transportation, at which time Affiant could exercise those rights described above. 8. Having been informed of these rights, Company hereby voluntarily waives the right to full compensation for the conveyance to County of the Property which is required for Construction of public transportation improvements as shown on Exhibit A, and those rights provided under Chapter 73, Florida Statutes. Page 1 of 2 1607 9. Affiant has the authority to execute this Waiver on behalf of Company and to bind Company thereby. j /"7' & (ftnalure) /vl I kE IDEiv r (PrIM FU1 Name) STATE of: Florida COUNTY of LIEBIG MANAGEMENT, INC. a Florida ration By: Name: PATRI T. BIG Title: President I is Waiver and Release was sworn to and subscribed before me this r1 -1h day of t 20_L!j, by PATRICK T. LIEBIG as President of Liebig Management, Ionic., a Florid orporation, on behalf of the corporation, and who did take an oath, and: L who is personally known to me OR _ who produced as proof of Identity (affix notarial seal) (Sigpat re of Notary. PublicT SZ.onnr, (Print Name of Notary Public) NOTARY PUBLIC ��„ StRANNl1NAVAAR0 N IN Serial / Commission # (if any):! My Commission ' = : Y C01 wfISM II EE 849 S: January 25, Z Page 2 of 2 gg, H.-Inow O Q- cc ig H618 ry os. u w , C w L (n j L-d - - < (L 0 'Z .c 'n 0 �4 11 C) IF 5, '5 40.2 mf (L 8 2 om e, 0 2 ft 12ic-it"M U- 0 m LAJ tr) M-j 0 LLJ x N 00'48' 48" W LU i ui Z) i -0- z Uix LO -Do cr) -t 0 m I mo, 135.00' N 00*48 O Cn X Lu CIL ouly cli W "' 267. 0 ot st . U-.!, O A W OM C14 -.o p. m 0 ...... ui i iN 5: E- i m < lDO 0 AV li S 00'48' 49" E 8.00' CD z N -cc 0 C14 0. co b Q C� 00 uji3 V4- 4 cj — 6 eq 't ol 0- 00 co w 0, ix Z woox 8.00' CC, Z C14 0 < r) x a- N 00'48' 49" , w L) < �z lao 0 o -j Of -i 'i m o -------------------- ------------- N 00`48' 49" W 131.25 OV. 135.00' N 00*48 O Cn X Lu CIL ouly cli W "' 267. 0 ot st . U-.!, O 01:1 'Ad 81M1:c amILTI 1p"Urm I-Ew"I t-wl tztm.,x OM C14 -.o p. m 0 ilo (n i iN 5: i m < lDO 0 S 00'48' 49" E 8.00' N z 0 C14 0. co b Q C� 00 uji3 V4- 4 cj — 6 eq 't ol 0- 00 co w 0, ix Z woox 8.00' Z C14 0 < r) x a- N 00'48' 49" , w L) < �z lao 0 o -j Of -i 'i m o 01:1 'Ad 81M1:c amILTI 1p"Urm I-Ew"I t-wl tztm.,x 1607 PROJECT: Misc. #99999 PARCEL: 264FEE FOLIO: Portion of 70720400101 STATE OF V- 10060A COUNTY OF 001 If f GRANTOR'S NON - FOREIGN TAXPAYER IDENTIFICATION & "GAP" AFFIDAVIT The undersigned, PATRICK T. LIEBIG, after being duly swom, deposes and says: 1. Affiant is the President of LIEBIG MANAGEMENT, INC., a Florida Corporation. 2. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit "A" attached hereto ( "Property"). 3. Grantor's Legal Name is: LIEBIG MANAGEMENT, INC., a Florida Corporation 3325 4. Grantor's address is: -3400- Westview Drive, Naples, Florida 34104 PARAGRAPHS 5,6 & 7 (BELOW) ARE NOT APPLICABLE TO GRATIS TRANSFERS. 5. Section 1445 of the Intemal Revenue Code requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purpose (including Section 1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County, as transferee, that withholding of tax is not required upon disposition of the Property, Affiant affirms that the following is true: a. Grantor is not a non - resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations) for purposes of U.S. income taxation. b. Grantor is not a disregarded entity as defined in 9.1.1445- 2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under x.301.7701 -3, a qualified REIT subsidiary as defined in s. 856(1), or a qualified subchapter S subsidiary under s. 1361(b)((3)(B). 6. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099 -S, the Property is Grantor's (check one) Principal Residence X._ Other real estate 7. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property. 8. Grantor has full authority to convey the Property. 9 There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 10. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "B" attached hereto, there are no liens, encumbrances, mortgages, claims or demands on or against the Property. 11. There are no unrecorded labor, mechanics', material men's liens or "Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety (90) days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 12. There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of dosing or occupancy by Grantor, whichever first occurs. If any bills, lens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 13. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental Instrumentality. 14. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 15. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for dissolution of marriage or bankruptcy. 16. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations and ordinances, including environmental laws, and that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property; and that Grantor 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/or acceptance and is not deemed satisfied by conveyance of title. 17. Grantor shall indemnify, defend and hold Collier County harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorneys fees and expenses) incurred by or asserted against Collier County by reason of or arising out of the breach of Grantor's representations under Paragraph 16 above, irrespective of whether Afflant was negligent in the making of these representations. 18. There are no unrecorded deeds, judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 19. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing the County's fee simple or other interests in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 20. If the conveyance is of fee simple and by purchase, Grantor agrees that in the event the current real and personal property taxes vary in amount from the figures used in making the proration used in closing the conveyance of the Property to County, then a new proration and a correct and proper adjustment shall be made upon demand. Grantor understands that all taxes, maintenance charges and assessments due from Grantor for which a bill is rendered prior to closing will be charged against Grantor on the closing statement. 1607 21. If the Property is improved property, then Af !ant is the owner of said property, and there are no claims, liens, security Interests, claims or demands of any kind against the furniture, equipment, fixtures and personal property located on the Property and being sold as part of this transaction. 22. If the subject Property hereto is rental property, Grantor hereby represents that Grantor has paid all sales taxes due to the State of Florida to date and will pay any remaining taxes due in respect to said premises before due and will indemnify and hold harmless Collier County from Grantor's failure to do so. 23. Grantor agrees to fully cooperate with Collier County when necessary to correct an error discovered after closing and, in doing so, to execute, without delay, any corrective Instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive dosing. 24. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 25. Under penalties of perjury, I, the undersigned affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof, that I am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification, Collier County may rely on the representations contained herein on the day of dosing; that Grantor intends for Collier County, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow /settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify said parties for all damages, loss, liability, claims, cost and expenses, including attorney fees, which . arise out of or result from their reliance upon these representations, irrespective of whether I was negligent in making these representations or executing this Affidavit. , � /�& /,0/ Patrick T. Lie g, President LIEBIG MANAGEMENT, INC. A Florida Corporation By: STATE OF: Q 0 t" 1 COUNTY OF: Swom to and subscribed before me this �h day of r 20j3, by PATRICK T. LIEBIG, President of Uebig Management, Inc., a Florkk corporation, on behalf of the corporation, and who is: personally known to me, OR, who has produced as prof of identity. (affix notarial seal) ig lure of Notary PuW14 cX- )Qyr1_t -rr� (Print Name of Notary Public) mosommmusggs Serial / Commission # (if My Commission Expires: Log Revised: SM5112 1607 s� K11V E RO MY r�14 14!305 EXPIRES: January 2017 U- i -- 0 Of Uj LO n ju-) 0 Q t() -------------- ------------ N 00'48' 48" Wl" .135.00' 0 Li try z Ld U- < 0 a:: (If OD OC) V) ii 00 to C-4't < V) ------------------ ,- N 00 "48'49" f1w ,It i . .. .. .. ......... -- ..... . .... -6 D 7 Lmu c7 U cj cj 10 0, 0 Z! to 0 z 0 0-M 1 11 Lj D '00 21� L f X uj O U 10) > U! 0 �05 UH < cr- 1 2 0 Z,- 00 ��OEY < OQJ R 3il�rm Jii WO U- i -- 0 Of Uj LO n ju-) 0 Q t() -------------- ------------ N 00'48' 48" Wl" .135.00' 0 Li try z Ld U- < 0 a:: (If OD OC) V) ii 00 to C-4't < V) ------------------ ,- N 00 "48'49" f1w ,It i . .. .. .. ......... -- ..... . .... -6 D 7 99 267.57' iii Z tj r4 ii Lmu c7 U cj cj 10 0, 0 Z! to 0 z Ln Lj D C) (�i C-4 m00 10) > U! 0 UH < 0 < ox 4g AZO A: ---------- ----------- ------------ N 00*48'49" W V 131.25' a! wi w! -JI Z)l OE 99 267.57' iii Z tj r4 ii Lj < z c7 L) 0 UJO 10 0, 0 Z! to 0 z rn Lj D C) (�i C-4 m00 10) > OC) Lj < z c7 L) 0 UJO 0, 00 z 8.00' N 0048'49" W t7 N N 0) 00 Lj 0 Z CN 0 0 -0 1607 EXHIBIT "B" Notice of Commencement recorded 4/10/2012 at O.R. Book 4783, Page 1163, Public Records of Collier County, Florida.