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Backup Documents 01/24/2012 Item #16E 4- t ORIGINAL, DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUI- 6, E 4 Print a ac on pink paper. er' . Att h to original document. Original documents. should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only al'ter- the Board has taken action on the item -) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's signature- draw a line through routing lines #1 through #4, complete the checklist; and forward to Sue Filson'Qine #5). Route to Addressee(s) Office Initials e (List in routing order) T. 4. 1. 5. Ian Mitchell, BCC Office Board of County Cotninissioners Su rvisor 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval, 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Phone Number Contact Agenda Date Item was Agenda Item Number / A roved b the BCC a� Z.DI Z, Type of Document Number of Original Attached '� n Documents Attached IN.RTIRTICTIONC Ar. - - - - --- r- • • - ..... .....,,. „ ,., LM; ulucc wurrui tw nours or tsuu approval. A . Some documents are time sensitive and require forwarding to Tallahassee within a certain �-- time frarne or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was,approved`by the BCC on 0� (enter date) and all changes made during the,meeting have beenincorpora ed i the attached document. The Count Attorney's Office has reviewed the changes, if applicable. 1 _ is 1'onns/ Counly Forms/ BCC f=orms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 908.09 16 E4 MEMORANDUM DATE: March 19, 2012 TO: Cindy Erb, Sr. Property Acquisition Specialist Facilities Management Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Conservation Collier — Donation Agreement Folio #00775560008 Attached for your records is a copy of the agreement referenced above, (Items #16E4) approved by the Board of County Commissioners on January 24, 2012. The original agreement will be on file in the Minutes and Records Department in the Board's Official Records. If you have any questions, please contact me at 252 -8411. Thank you. Attachment 16E4 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 GINNIE EVANS POOVEY KANIA, THE HEIR OF CAROL EVANS TRIPLETT ESTATE, (hereinafter referred to as "Owner "), whose mailing address is 229 Bay Hill Drive, Spartanburg, SC, 29316 -7718, 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 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 at Closing an amount not to exceed Two Thousand and 00/100 Dollars ($2,000.00) allowance towards the cost of an acceptable probate transaction. At least fifteen (15) days prior to Closing, Seller 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 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. 16E4 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 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. 7. 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 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. 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. 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. E 16 E4 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, 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.) 13. 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: Z- AS TO COUNTY: DATED: ATTEST: , 3 • , -"„ DWIGHT E..AOCK; '6* of b uty Clerk ARL!!R N is f Clf Niii Opews •#! Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: C;�'k FRED W. COYLE, Cha man i , v 16'E 4 AS TO OWNER: WITNESSES: W ness #1 (Signature -5af•_r, um k l so-) Witness #1 (Print Name) GI NIE EVANS POOVIEY- AANIA, THE HEIR OF CAROL EVANS TRIPLETT ESTATE Witness #2 (Signature) TNUM4 S D K-4vo Witness #2 (Print Name) f s� EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 00775560008 LEGAL DESCRIPTION: SOUTHEAST (SE '/) QUARTER OF THE NORTHWEST (NW1 /4) QUARTER OF THE SOUTHWEST (SW1 /4) QUARTER LESS THE EAST 30 FEET AND THE NORTH 30 FEET OF SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA