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Backup Documents 04/24/2012 Item #16C 5ORIGINAL DOCUMENTS CHECKLIST & ROU.TING SLIP 16 C5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach 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 after 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 exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (I ist in routing order) Office Initials Date 1. A Ri L e2 y o2o l a_ Agenda Item Number ! C 2. t� c 7>50,-M T/07� �76.grE,41G.Nr Number of Original Documents Attached 40 N Z57 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners I rZ- 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (Thp 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 Contact HA N5 �e U S SELL Phone Number e2 Sa2 ` 0210.2 3 Agenda Date Item was Approved by the BCC A Ri L e2 y o2o l a_ Agenda Item Number ! C Type of Document Attached t� c 7>50,-M T/07� �76.grE,41G.Nr Number of Original Documents Attached 40 N Z57 INSTRUCTIONS & CHECKLIST is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) _ 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) �. All handwritten strike- through and revisions have been initialed by the County "Attorney's 'r Office and all other parties except the BCC Chairman and the Clerk to the Board 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on (enter date) 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. is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 16C5 C.1 MEMORANDUM Date: April 27, 2012 To: Hans Russell, Sr. Property Acquisition Specialist Facilities Management Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Donation Agreement /Folio #39440160005 Attached is a copy as referenced above (Item #16C5) approved by the Board of County Commissioners on Tuesday, April 24, 2012. The original agreement is being kept in the Minutes and Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252 -8411. Thank you. NE Wellfield FOLIO NUMBER: 39440160005 DONATION AGREEMENT 16 C5 THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between JEAN COHEN, Trustee of the Jean Cohen Revocable Trust dated 9/28/76, (hereinafter referred to as "Owner "), whose mailing address is P.O. Box 654, Bonita Springs, Florida 34133 -0654, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (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 as follows: Tract 3, Unit 52 Golden Gate Estates, according to the Map or Plat thereof as Recorded in Plat Book 7, Page 92, of the Public Records of Collier County, Florida; and WHEREAS, Owner desires to convey the Property to County 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 on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property 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. Owner shall convey the Property via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. 2. With the exception set forth in Paragraph 3 hereof, 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 16C5 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. Owner and County acknowledge the existence, upon the public record, of certain Code Enforcement liens encumbering the Property arising from actions related to other property within Collier County now or formerly held by Owner, and County agrees to assume all cost and expense associated with obtaining a release of the Property from the force and effect of said Code Enforcement liens. 4. Closing shall occur within thirty (30) 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 representations under Paragraph 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. The cost of a title commitment shall be paid by County. All other costs associated with this transaction shall be borne and paid by County. 9. Owner and County acknowledge and agree that the value of the Property, as determined by a licensed real estate appraiser employed by County, is Twenty -Six E 16 C5 Thousand, Five Hundred and no /100 Dollars ($26,500), and that the Property is to be utilized by County for a valid public purpose. 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. 11. 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 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. 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 as of the dates hereinafter stated: DATE ACQUISITION APPROVED BY BCC: Yza AS TO COUNTY: DATED: Y/ ATTEST: DWIGHT E BQ,CK, Clerk �\ o ltti st �t 'tom:. to Clerk Approved as to form and legal sufficiency: Je fifer B. White Assistant County Attorney �6 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: IL4 W FRED W. COYLE, Ch ' man AS TO OWNER: DATED:.-9 WITNESSES: Witness (ign ure) Witness #1 rint Na e) WWi nes�� ,,(SSignature) ,p Witness #2 (Print Name) 16 C5 JEA OHEN, Trustee of the Jean Cohen Revocable Trust dated 9/28/76