Parcel 264FEE Liebig Donation Agreement • 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
DONATION AGREEMENT
THIS AGREEMENT (herein er referred to as the "Agreement") is made and
entered into on this t"`day of , 20 I R , by and b n LIEBIG
MANAGEMENT, INC., a Florida corporation, hose mailing address is. lWestview
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, Go 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 if 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
1
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 COUNTY:
DATED:CZ_\ i \:
.FtTY£ST:'•*',•`: 1 BOA--• IF 0 N COMMISSIONERS
;,DWIGHT-E.6170,Clerk COL E-I∎C f,,U 1 FLORIDA
--.. .., ) •.1; - 0- Si ---.... 1 i I
y� Jerk "-T 4 is A. Hi ler, Esq.
Attest 10/f�Q Chairwoman
1. nature vn1y
•
AS 6 bWNER:
DATED: ] _7_1 3 LIEBIG MANAGEMENT, INC.,
a Florida corporation
!GL1sa_ . 4 ` OXA O By: ez4 .,W' ,e (Signature) Patrick . L -bi 4,.resident
.YGg ■no Nc An D
Name(Print or Type)
/4 0—
Witness(Signature)
Name(Print or Type)
Approved as to form and
I al sufficiency:
•/1 . '_ ,_ ; 1.
Assistant Co my Attorney
Last Revised: 04/20/12
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