CREW Donation Agreement
CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBER: 39490320002 & 39490120008
Prepared by:
Steven T. Williams, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between CORKSCREW REGIONAL ECOSYSTEM WATERSHED
LAND AND WATER TRUST, INCORPORATED, a Florida nonprofit corporation, formerly
known as CORKSCREW REGIONAL ECOSYSTEM WATERSHED TRUST, INC.,
(hereinafter referred to as "CREW"), whose address is 23998 Corkscrew Road, Estero, FL
33928, and 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 "County).
WITNESSETH:
WHEREAS, CREW desires to convey by gift to the County a fee simple interest for the
purpose of conservation, over, under, upon and across the lands described in Exhibit "A"
(said hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement;
WHEREAS, CREW desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, in the event that the Property is not used exclusively for conservation
purposes, then at such point in time the Property shall immediately revert back to CREW,
without further notice, and thereafter Grantee shall have no further right, title or interest
therein; 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. CREW shall convey the Property via a Warranty Deed to County at no cost to the
County, unless otherwise stated herein. The Warranty Deed shall contain a reverter clause
that provides for termination of the County's rights, title and interest in the event the Property
is not used for conservation purposes.
2. Prior to Closing, CREW 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. CREW shall provide such instruments, properly
executed, to County on or before the date of Closing.
1
3. 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.
4. CREW is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. CREW represents to the best of its knowledge and belief that it has no knowledge
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 CREW to the best of its knowledge, 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 CREW 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. CREW 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 CREW's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. 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.
All other costs associated with this transaction including but not limited to transfer,
documentary and intangible taxes shall be borne and paid by CREW. The cost of title
commitments shall be paid by County.
8. 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.
9. Conveyance of the Property by CREW 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.
2
10. If the CREW holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, CREW 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.)
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: -tf)4'j /2 ~ ;t.J) L I
AS TO COUNTY: CL~a, J /un # /6 C; Z
_ ~,," q . to~,
ATTEJ3.r~~. eOJPi,"'". BOARD OF COUNTY COMMISSIONERS
DW1~~'E:'B'RC)~'Clerk COLLIER COUNTY, FLORIDA
f <?~i:';>':"~-. ~ W l-,,",",~
. .';; '.: BY: FRED W. COYL~. c~ai~an -
I
Approved as to form and legal sufficiency:
!t=-7.~1L-
Steven T. Williams, Esquire
Assistant County Attorney
AS TO CREW:
~~-~$Q~
(Signature)
E1.L0l~ M- E'4e/l~~
(Printed Name)
CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER TRUST,
INCORPORATED, a Florida nonprofit
corporation, formerly known as CORKSCREW
REGIONAL ECOSYSTEM WATERSHED
TRUST, INC.
g -I=c::r ~ J7 t -/"\_
(Signature)
5+QV~1 B I~"t :5...c K~
(Printed Name)
3
EXHIBIT "A"
THE WEST 180 FEET OF TRACT 7, GOLDEN GATE ESTATES,
UNIT NO. 53, ACCORDING TO PLAT THEREOF AS RECORDED
IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. (5.67 acres)
PROPERTY IDENTIFICATION NUMBER: 39490320002
AND
ALL OF TRACT 3, GOLDEN GATE ESTATES, UNIT NO. 53,
ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT
BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. (3.50 acres)
PROPERTY IDENTIFICATION NUMBER: 39490120008
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original docul1lent~ 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
eo~plete routing I ines III through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exee lion of the Chairman's si nature, draw a line throu h routin lines III through 114, com lete the checklist, and forward to Sue Filson (line 115).
Route to Addressee(s) Office Initials Date
(list in routing order)
1.
(The primary contact is the holder of the original document pending Bee 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 Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
Approved by the BCC
TyPe of Document
Attached
2.
3.
4.
5. Ian Mitchell, BeC Office
Supervisor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
JJI)
,
PRIMARY CONTACT INFORMATION
Phone Number
r-b
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a propriate.
]. 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 ossibly State Officials.)
::'. 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
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is ap licable.
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 MithcheJl in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to TalJahassee within a certain
time frame or the BCc's actions are nullified. Be aware of your deadlines!
6. The document was app,::oved by the BCC on s:,.,4 I (entcr date) and all changes
made during the meeting have becn incorporat d in the attached document. The
Count Attorne 's Office has rcvicwed the chan CS, if a licable.
e2S:z.8Cf/7
~:z
I
/
Yes
(Initial)
N/A (Not
A licable)
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i: Forms/ County Forms/ DCC Forms/ Origin81 Documents Routing Slip WWS Original 9.03.04, Revised J .26.05, Revised 2.24.05, Revised 9.18.09