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Backup Documents 09/24/2013 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 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 routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. COO ,t6 3. County Attorney Office County Attorney Office .� / ‘71.74 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office --RYN l,Z,(31 (3 3:L('pn1 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 n Phone Number qq� Contact/ Department �n J o2✓ 7 Agenda Date Item was Agenda Item Number �" / Approved by the BCC 1 2s 2.0 )3 g �(� J Type of Document Number of Original Attached Cc- 0 .n f`e-Q Documents Attached , V PO number or account number if document is to be recorded CL e-C _ e j INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initil) Applicable) 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. )el 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. (Jeccr 6.04 e t a' 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board `I" A)/A 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. COIL *ilk 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. f__ 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. LA 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 1 ,1renter date)and all changes made during the meeting have been incorporated in the attached document. The County ; , 7, Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the rt k BCC, all changes directed by the BCC have been made, and the document is ready for e z° ,, Chairman's signature. I Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16D1 Patricia L. Morgan From: Belpedio,Jennifer Sent: Thursday, January 02, 2014 12:31 PM To: Patricia L. Morgan Cc: Mott, Toni; Erb, Cindy; Zimmerman, Sue Subject: 9/24/13 - 16D1 Donation Agreement Trish, The Donation Agreement with Chairwoman Hiller's signature is acceptable to record because the differences from the Board approved template are not material. For your records,the differences I reviewed are noted below: 1. Paragraph 3—Template requires closing in 60 days and signed document requires closing in 60 days. 2. Paragraph 4—Paragraph added to include information required by title company. 3. Paragraph 5—Date of Owner's acquisition added . Thank you for your close review. It is always appreciated. J A. 13eLp eo4 o-- Assistant County Attorney Collier County, Florida Direct Dial: (239) 252-5709 c rr.al:a iares,;e<s roe pub ar,reborris it you do not want your.,-m,3 auldiess ra.eased t r e.,,p.a Ise to a pubiro records request do irot sate: war!try ilia,entity instead. contact this°:rice by teletairor!e or in writiri�q 1 1601 Patricia L. Morgan From: Belpedio, Jennifer Sent: Thursday, January 02, 2014 2:33 PM To: Belpedio, Jennifer; Patricia L. Morgan Cc: Mott, Toni; Erb, Cindy; Zimmerman, Sue Subject: RE: 9/24/13 - 16D1 Donation Agreement Opps! I meant Warranty Deed acceptable to record and in #1 below I mean the signed document requires closing in 30 days. J e AAA,i f-,tom A. 6 thp-e ol-i a- Assistant County Attorney Collier County, Florida Direct Dial: (239) 252-5709 From: BelpedioJennifer Sent: Thursday, January 02, 2014 12:31 PM To: Patricia L. Morgan Cc: MottToni; ErbCindy; ZimmermanSue Subject: 9/24/13 - 16D1 Donation Agreement Trish, The Donation Agreement with Chairwoman Hiller's signature is acceptable to record because the differences from the Board approved template are not material. For your records,the differences I reviewed are noted below: 1. Paragraph 3—Template requires closing in 60 days and signed document requires closing in 60 days. 2. Paragraph 4—Paragraph added to include information required by title company. 3. Paragraph 5—Date of Owner's acquisition added . Thank you for your close review. It is always appreciated. J A. t3 ekt1-w o- Assistant County Attorney Collier County, Florida Direct Dial: (239) 252-5709 ww t rider dyiaa t..awv e ra,w ac d esses are aublic records If you do not want your e-read aedreaa reieasei in response to a public,c.cords request do net send e'en ru a n;ai!to th.s entity-'ustead,contact this office by telephone or in writing 1 1601 CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBERS: 38845680000& 38845720009 TUSCANY POINTE DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between LYNX ZUCKERMAN AT NAPLES, LLC, a Florida limited liability company, by its undersigned Managing Member, (hereinafter referred to as "Owner"), whose mailing address is 6131 Lyons Road, Suite 200, Coconut Creek, FL 33073, 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, Owner is the owner of 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", attached hereto and made a part hereof by reference; 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. Owner shall convey the Property via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property (other than those listed in the Title Commitment No: 345248-A), 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 thirty (30) 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 1 - J 1601 . 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. The Agreement was approved by the Board of County Commissioners of Collier County, Florida on September 24, 2013, Agenda Item #16D1 and the County Attorney's office, whereby Collier County agreed to accept delivery of the deed without any further conditions other than those mentioned herein. The purpose of the Agreement is to satisfy the offsite preservation requirement for PUDA-PL20130000141, Tuscany Point RPUD as required by the 2010 land Development Code amendment (Section 3.05.07 H.1.f.i. (f) and (9). 5. Owner represents that as of November 20, 2013, the date on which title to the Property vested in Owner, (the "Ownership Date"), the Owner has not caused any hazardous substances to be generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner 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. Owner 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 Owner'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 Owner. Owner 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. Owner 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 Owner. 8. Prior to Closing, Owner shall remove or cause to be removed from the Property, at Owner'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. 2 16131 10. 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. 11. 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.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: September 24, 2013 Agenda Item # 16D1 AS TO COUNTY: DATED: 12120`2.,0 \3 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA y; BY est agto Chairman's • le-a*ty Clerk GEOR'IA IV HILLER, ESQ., Chairwoman signature'onty. Approved as to form and legality: JennifV).elpedio, istant County Attorney 3 16131 AS TO OWNER: ;,"/* LYNX ZUCKERMAN AT NAPLES, LLC, (Signature) a Florida limited liability company ,�/ N /1(1Cc(oL, (Printed Name) f� BY: LYNX ZUCKERMAN HOLDING COMPANY, LLC, a Delaware limited liability company (Signature) Its: Managing Member CVv+ ,\-tyhe(' BY: (Printed Name) M chael McCarty, President 4 16D1 EXHIBIT "A" LEGAL DESCRIPTION: THE WEST 180' OF TRACT 69, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (2.73 ACRES) PROPERTY IDENTIFICATION NUMBER: 38845680000 AND THE EAST 150' OF TRACT 69, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (2.27 ACRES) PROPERTY IDENTIFICATION NUMBER: 38845720009 5 CONSERVATION COLLIER 1 6 D 1 PROPERTY IDENTIFICATION NUMBERS: 38845680000&38845720009 TUSCANY POINTE GRANTOR'S NON-FOREIGN, TAXPAYER IDENTIFICATION &"GAP" AFFIDAVIT The undersigned, Michael McCarty, President ("Affiant") of Lynx Zuckerman Holding Company, LLC, a Delaware limited liability company, as sole Managing Member of Lynx Zuckerman at Naples, LLC, a Florida limited liability company ("Grantor"), after being duly sworn, deposes and says: 1. 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"). 2. Grantor's Legal Name is: Lynx Zuckerman at Naples, LLC, a Florida limited liability company. 3. Section 1445 of the Internal 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 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's address is: 6131 Lyons Road, Suite 200 Coconut Creek, FL 33073 c. Grantor is not a disregarded entity as defined in s.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 s.301.7701-3, a qualified REIT subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary under s.1361(b)((3)(B). 4. Grantor's Taxpayer Identification Number is: 46-1560030 5. 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 6. 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. 7. Grantor has full authority to convey the Property. 16D1 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 9. 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. 10. There are no unrecorded labor, mechanics', materialmen'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. 11. 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 closing or occupancy by Grantor, whichever first occurs. If any bills, liens 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. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. 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. 15. 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. 16. 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 attorney's 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 15 above, irrespective of whether Affiant was negligent in the making of these representations. 2 16131 17. 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. 18. 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. 19. 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 prorations 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. 20. If the Property is improved property, then Grantor 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. 21. 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. 22. 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 closing. 23. 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. 24. 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 closing; 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 z 16D1 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. t . LYNX ZUCKERMAN AT NAPLES, LLC, (Signature) a Florida limited liability company 4i,iT1y Pio cc ( (Printed Name) BY: LYNX ZUCKERMAN HOLDING COMPANY, LLC, a Delaware limited liability company (Signature) Its: Managing Member CAS k-Dr1 et BY: �- (Printed Name) Nf IC hael McCarty, President STATE OF 1_►-e U COUNTY OF pn Sworn to and subscribed before me this I LP`s" day of D21'.efAbir 2013, by Michael McCarty, President of Lynx Zuckerman Holding Company, LLC, a Delaware limited liability company, as sole Managing Member of Lynx Zuckerman at Naples, LLC, a Florida limited liability company, who did take an oath, and who is personally known to me or who has produced Pt as identification. (affix notarial seal) ' / ►' ) )J.� (Signat re of Notary -u•lic) relik Kt/40,W Ap1>>o\ :o fonn and 1c':i: i (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: f Aao My Commission Expires: � o4} o",$)15 y `� I IRENE K. KERSHAW NOTARY PUBLIC OF NEW JERSEY My Commission Expires Feb 04, 2015 • . • „ 1601 « EXHIBIT A LEGAL DESCRIPTION: THE WEST 180' OF TRACT 69, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (2.73 ACRES) PROPERTY IDENTIFICATION NUMBER: 38845680000 AND THE EAST 150' OF TRACT 69, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (2.27 ACRES) PROPERTY IDENTIFICATION NUMBER: 38845720009 5 1601 EXHIBIT "B" 1. Any lien, provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 2. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Golden Gate Estates Unit No. 42, recorded in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. 3. Restrictions, reservations, covenants and conditions pursuant to that certain instrument recorded in Official Records Book 189, Page 309, of the Public Records of Collier County, Florida. 4. Restrictions, reservations, covenants and conditions pursuant to that certain instrument recorded in Official Records Book 245, Page 510, of the Public Records of Collier County, Florida. 5. Right-of-Way easement recorded in Official Records Book 189, page 313 and as partially released in Official Records Book 1059, Page 631, of the Public Records of Collier County, Florida. 6. Resolution 2010-168 pertaining to Solid Waste Municipal Service Benefit Unit, Service District No. 1 recorded in Official Records Book 4610, Page 2307, and Resolution 2011-150 recorded in Official Records Book 4721, Page 1527, of the Public Records of Collier County, Florida. 7. Subject to the rules and regulations of Golden Gate Fire and Rescue District as contained in agreement executed by the Board of Collier County Commissioners to the Public dated April 3, 1990 and recorded May 30, 1990, in Official Records Book 1532, Pages 1128-1142, inclusive, of the Public Records of Collier County, Florida. 6 CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBERS: 38845680000&38845720009 TUSCANY POINTS 1 6 D 1 PUBLIC DISCLOSURE AFFIDAVIT BEFORE ME, the undersigned authority in said County and State, personally appeared Michael McCarty who being first duly sworn, deposes and says that: 1. He is the President of Lynx Zuckerman Holding Company, LLC, a Delaware limited liability company, as sole Managing Member of Lynx Zuckerman at Naples, LLC, a Florida limited liability company, doing business under the name of Lynx Zuckerman at Naples, LLC; 2. The Lynx Zuckerman at Naples, LLC, a Florida limited liability company, holds title to real property described in Exhibit "A" attached hereto and by this reference made a part hereof, and 3. He hereby certifies that the names and addresses listed on Exhibit "B" attached hereto and by this reference made a part hereof are the names and addresses of every person having a beneficial interest in said real property, however small or minimal; and 4. He hereby certifies that neither Lynx Zuckerman at Naples, LLC, a Florida limited liability company, nor any member signing the deed have filed bankruptcy since Lynx Zuckerman at Naples, LLC, a Florida limited liability company, acquired title; and 5. They do hereby file this Affidavit for the purpose of complying with the provisions of Chapter 286, Florida Statutes. WITNESSES: 0 LYNX ZUCKERMAN AT NAPLES, LLC, (Signature) a Florida limited liability company Aii-)4131 AjCC (CIO (Printed Name) BY: LYNX ZUCKERMAN HOLDING COMPANY, LLC, a Delaware limited liability company (Signature) Its: Managing Member C‘1 hop‘e./ BY: (Printed Name) Michael McCarty, President FEI/EIN #: 46-1560030 1601 STATE OF _ COUNTY OF IMACiltel■. •Sworn to and subscribed before me this 1(p`� day of 1IQxnbA 2013, by Michael McCarty, President of Lynx Zuckerman Holding Company, LLC, a Delaware limited liability company, as sole Managing Member of Lynx Zuckerman at Naples, LLC, a Florida limited liability company, who did take an oath, and who is personally known to me or who has produced as identification.— (affix notarial seal) VDA_I-cl(Q00 (Signatu e of Notary Public) ire (ffr(tk , (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Feb IRENE K. KERSHAW NOTARY PUBLIC OF NEW JERSEY My Commission Expires Feb 04, 2015 Approved as to form and legality Assistant County Att y 60 1 EXHIBIT "A" LEGAL DESCRIPTION: THE WEST 180' OF TRACT 69, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (2.73 ACRES) PROPERTY IDENTIFICATION NUMBER: 38845680000 AND THE EAST 150' OF TRACT 69, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (2.27 ACRES) PROPERTY IDENTIFICATION NUMBER: 38845720009 1601 EXHIBIT "B" Name of Corporation, Partnership, Trust/Trustee: Lynx Zuckerman at Naples, LLC Name: Lynx Zuckerman Holding Company, LLC - MGRM Name: Address:2255 Glades Road, Suite 324A Address: Boca Raton, FL 33431 Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBERS: 38845680000 & 38845720009 TUSCANY POINTE Prepared by: Jennifer A. Belpedio, Assistant County Attorney Office of the County Attorney 3329 East Tamiami Trail, Suite 800 Naples, Florida 34112 -5749 (239) 252 -8400 16G INSTR 4930564 OR 4997 PG 2434 RECORDED 1/2/2014 2:56 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $18.50 WARRANTY DEED THIS WARRANTY DEED is made this' day of 2013, by LYNX ZUCKERMAN AT NAPLES, LLC, a Florida limited liability company, by its undersigned Managing Member, whose address is 6131 Lyons Road, Suite 200, Coconut Creek, FL 33073, (hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) 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: THE WEST 180' OF TRACT 69, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (2.73 ACRES) PROPERTY IDENTIFICATION NUMBER: 38845680000 AND THE EAST 150' OF TRACT 69, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (2.27 ACRES) PROPERTY IDENTIFICATION NUMBER: 38845720009 Subject to easements, restrictions, and reservations of record. THIS IS VACANT, UNIMPROVED, AND NOT HOMESTEAD PROPERTY. 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 I THIS CONVEYANCE ACCEMD BY THE BOARD OF COUNTY COMMISSIONERS. � COLLIEN _COUNTY, FLORIDA, 16D1 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 in the Title Commitment Numbered 345248 -A and which are incorporated herein by reference. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. W IT SES: (Sign ure) 4-D4-tod'j v�C tDlo (Printed Name) (Signature) (Printed Name) STATE OF I� COUNTY OF 1 LYNX ZUCKERMAN AT NAPLES, LLC, a Florida limited liability company BY: LYNX ZUCKERMAN HOLDING COMPANY, LLC, a Delaware limited liability company Its: Managing Member BY: Michael McCarty, President The foregoing Warranty Deed was acknowledged before me this �` day of 12,('hYI QA , 2013 by Michael McCarty, President of Lynx Zuckerman Holding Company, LLC, a Delaware limited liability company, as sole Managing Member of Lynx Zuckerman at Naples, LLC, a Florida limited liability company, who is personally known to me or who has produced N A- as identification. (affix notarial seal) (Signatu a of Notary Public) (Print Name of Notary Public) -v_ NOTARY PUBLIC Serial /Commission #: My Commission Expires: Feb otf�S 0 I The acceptance of this conveyance was approved by the Board of County Commissioners of Collier County, Florida pursuant to its September 24, 2013 Agenda, item 16D(1) and I is further approved as to form and legal sufficiency: Jennifer M. Belpedio, A si art County Attorney IRENE K. KERSHAW NOTARY PUBUC OF NEW JERSEY MY Commission Expires Feb 04, 2015