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Agenda 05/27/2014 Item #16C9 5/27/2014 16.C.9. EXECUTIVE SUMMARY Recommendation to approve a Purchase and Sale Agreement with William R. Stephens for the purchase of property to accommodate the relocation of Master Pump Station 308.00, Project Number 70050, at a total cost not to exceed 539,000. OBJECTIVE: Purchase a tract of land to relocate Master Pump Station (MPS) 308. The public purpose is to bring outdated and inadequate utility infrastructure into compliance with current County standards while meeting- demand, protecting public safety, and providing proactive environmental protections. CONSIDERATIONS: At its regular meeting on September 11, 2012, under Agenda Item 11E, the Board of County Commissioners (Board) approved Contract#11-5782 for three design contracts for the Wastewater Basin Program. The MPS 308 relocation project is one of many projects that are being designed as part of the Wastewater Basin Program. More design and construction projects will occur as the program continues and funding becomes available. As shown in the location map made part of this item, MPS 308 receives wastewater flows from a 0.87 square mile area generally located south of the Naples Airport, west of Airport Pulling Road, and north of Tamiami Trail East. MPS 308 has a capacity of 2,500 gallons per minute (gpm), but during peak flow conditions it receives flow in excess of 3,000 gpm. Due to inadequate capacity, the station has overflowed a number of times during wet weather conditions. MPS 308 does not comply with current Collier County Utility Standards and the Florida Building Code. The station is approximately 25 years old, and is in need of rehabilitation. The current easement for MPS 308 is located is in the parking lot and school bus ingress/egress area of Shadowlawn Elementary School. The existing easement is too small for the replacement equipment, and does not provide sufficient room to safely perform routine maintenance for the upgraded station. Acquisition of this property will reduce the cost and risk for construction of the replacement master pump station, allowing the existing station to remain in service until the new station becomes operational. Phasing the construction of this project in this manner eliminates the need for bypass pumping systems that are typically required when reconstructing a pump station. Reconstruction of a master pump station is constrained to a limited geographic area near the current site due to the existing network of sewer mains. Staff approached the property owner of two contiguous vacant lots: lots the size of which fit the master pump station relocation criteria. The owner of the vacant lots agreed to sell the lots for $38,000. On February 26, 2014, Real Property Management's in-house Real Estate Appraiser determined the market value of these two lots to be $30,617. Staff believes there is justification to purchase the property at $8,000 above the market value. The proposed scope of work for Project 70050, Master Pump Station Technical Support, is consistent with the 2010 Wastewater C1P Update, dated October 5, 2010. page 2 of 4, line 68, as identified in the 2011 User Fee Rate Study. Funding for Project 70050 is available in and is consistent with the FY 2014 C1P budget. FISCAL IMPACT: Funding is available in, and is consistent with, the FY14 Capital Budget approved by the Board on September 19, 2013. The source of funding is the Wastewater User Fee Fund (414). Funds Packet Page -919- 5/27/2014 16.C.9. are available in Project 7000, Master Pump Station Technical Support. The total outlay should not exceed 539,000 for the purchase, recordation, and title insurance. The operational costs of the new relocated master pump station are expected to decrease once the new pump station is constructed. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District: 1. Approve the attached Purchase and Sale Agreement; 2. Authorize the Chairman to execute the Purchase and Sale Agreement; 3. Authorize staff to prepare related vouchers and Warrants for payment; and, 4. Direct the County Manager or his designee to follow appropriate closing procedures and record the Warranty Deed in the official records of Collier County, Florida. Prepared by: Marlene J. McLaughlin, Senior Property Acquisition Specialist, Real Property Management, Department of Facilities Management Attachments: 1. Purchase and Sale Agreement, 2. Appraisal, 3. Location Map, 4. MPS 308 system flows Packet Page -920- 5/27/2014 16.C.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.9. Item Summary: Recommendation to approve a Purchase and Sale Agreement with William R. Stephens for the purchase of property to accommodate the relocation of Master Pump Station 308.00, Project Number 70050, at a total cost not to exceed $39,000. Meeting Date: 5/27/2014 Prepared By Name: McLaughlinMarlene Title:Property Acquisition Specialist, Senior,Facilities Management 5/5/2014 3:04:32 PM Submitted by Title: Project Manager,Principal,Public Utilities Engineering Name: PajerCraig 5/5/2014 3:04:33 PM Approved By Name: CampSkip Title: Director-Facilities Management, Facilities Management Date: 5/8/2014 8:23:01 AM Name:PajerCraig Title: Project Manager, Principal,Public Utilities Engineering Date: 5/8/2014 3:01:11 PM Name: JohnssenBeth Title: Director-Wastewater, Wastewater Date: 5/9/2014 10:43:53 AM Name: ChmelikTom Title: Director-Public Utilities Engineering. Public Utilities Engineering Date: 5/12/2014 1:34:56 PM Packet Page -921- 5/27/2014 16.C.9. Name: MottToni Title: Manager-Property Acquisition & Const M, Facilities Management Date: 5/12/2014 1:52:45 PM Name: Joseph Bellone Title: Director-Operations Support, Utilities Finance Operations Date: 5/13/2014 12:14:25 PM Name: JacobsSusan Title: Operations Analyst, Public Utilities Division Date: 5/14/2014 2:1 5:49 PM Name: YilmazGeorge Title: Administrator-Public Utilities, Public Utilities Division Date: 5/14/2014 2:30:13 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 5/14/2014 2:58:15 PM Name: KlatzkowJeff Title: County Attorney. Date: 5/14/2014 3:1 5:15 PM Name: UsherSusan Title: Management/Budget Analyst. Senior, Office of Management&Budget Date: 5/19/2014 2:44:43 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/19/''014 4:05:32 PM Packet Page -922- 5/27/2014 16.C.9. Project: MPS 308 Rehabilitation/Gateway Triangle Area Folios: 61480800005&61480840007 PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made and entered into by and between WILLIAM R. STEPHENS, a single man, whose mailing address is 2369 Kings Lake Boulevard, Naples, Florida 34112 (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112(hereinafter referred to as"Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: Lots 1 and 2, Block 4, First Addition, Naples Better Homes, according to the Plat thereof recorded in Plat Book 4, Page 3, Public Records of Collier County, Florida. WHEREAS. Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. II. PAYMENT OF PURCHASE PRICE, 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Eight Thousand and no/100 Dollars ($38,000.00) U.S. Currency payable at time of closing. This Agreement is subject to fund availability and future appropriation by the Board of County Commissioners. III. CLOSING 3.01 The Closing (THE"CLOSING DATE", "DATE OF CLOSING", OR"CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Suite 800, Naples, Florida 34112 or at such other location as Purchaser may designate. The procedure to he followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,free and clear of all liens and encumbrances other than: (a)The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A 'Grantor's Non-Foreign, Tax Payer Identification & "GAP" Affidavit as required by Section 1445 of the Internal Revenue Code and as required by the title 1 Packet Page -923- 5/27/2014 16.C.9. insurance underwriter in order to insure the"gap"and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification"as required by the Internal Revenue Service. 3.0115 If applicable, a Public Disclosure Affidavit in Accordance with Section 12.09 herein below. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A wire transfer or County Warrant in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Ad valorem and Non-Ad valorem taxes shall be prorated on a 365-day calendar or fiscal year as applicable, based on the current year's tax. If Closing occurs at a date upon which the current year's tax rates are not fixed, taxes will be prorated based upon such prior year's tax rates. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated,which shall be conditions precedent to the Closing. 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at Closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to 2 Packet Page -924- 5/27/2014 16.C.9. the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit"A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access. and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within thirty (30) days of receipt of said written notice from Purchaser. Purchaser shall have thirty (30) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said thirty (30) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection Period"),to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. • 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. Structures and facilities located on the property are sound and in good and safe operating condition. 5. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports, structural inspections and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests and investigations, use due care not to damage property. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to any inspection of the Property. VI. POSSESSION 5.01 Purchaser shall be entitled to full possession of the Property at Closing. VII. TERMINATION AND REMEDIES 7.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 7.02 If Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seiler is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel 3 Packet Page -925- i 5/27/2014 16.0.9. this Agreement by giving written notice thereof to Purchaser, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 11.01 (Real Estate Brokers)hereof. 7.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2013 taxes, and shall be paid by Seller. IX. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 9.01 Seller and Purchaser represent and warrant the following: 9.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 9.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 9.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 9.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 9.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 9.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof. without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 9.017 To the best of Seller's knowledge, Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that Seller has no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that Seller has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents that no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Packet Page -926- { } 5/27/2014 16.C.9. Seller's ownership thereof. Seller represents no part of the Property has been used as a sanitary landfill. 9.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 9.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations)that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 9.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals thereof, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 9.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 9.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 9.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any Federal, State, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or"Superfund"), which was • amended and upgraded by the Superfund Amendment and Reauthorization Act of • 1986 ("SARA"), including any amendments or successor in function to these acts. • This provision, and the rights of Purchaser hereunder, shall survive Closing and are • • not deemed satisfied by conveyance of title. 9.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 9.025 Neither party shall occupy or cause or permit others to occupy the Property prior to closing and funding, and will not occupy or cause or permit others to occupy the Property until after the closing. X. NOTICES 10.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of transmission, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Collier County Real Property Management 5 Packet Page -927- 5/27/2014 16.C.9. 3335 Tamiami Trail East,Suite 101 Naples,Florida 34112 (239)252-8991 Phone (239)252-8876 Fax With a copy to: Office of the County Attorney 3299 Tamiami Trail East,Suite 800 Naples,Florida 34112 (239)252-8400 Phone (239)774-0225 Fax If to Seller: Mr.William R.Stephens 2369 Kings Lake Boulevard Naples,Florida 34112 With a copy to: Notice will be deemed received upon completion of facsimile transmission with automated confirmation, or after five (5)days of postmarking of Registered or Certified mail. 10.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received,the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XI. REAL ESTATE BROKERS 11.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller, Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. XII. MISCELLANEOUS 12.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 12.02 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 assignees whenever the context so requires or admits. 12.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 12.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define; describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 12.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 12.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 12.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday. then the date to which such reference is made shall be extended to the next succeeding business day. 12.08 Seller is aware of and understands that the"offer"to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. e Packet Page -928- 5/27/2014 16.C.9. 12.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others. Seller 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 Property held in such capacity is conveyed to Collier County. 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 exempt from the provisions of Chapter 286. Florida Statutes. 12.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIII. ENTIRE AGREEMENT 13.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Acquisition Approved by BCC' AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK, Clerk 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 By' ,Deputy Clerk Tom Henning, Chairman Approved as to form and legality Assistant County Attorney AS TO SELLER: Witness (Signature) t,\ Name: ' � ;/ (Print or type) William R. 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'1. 7.---, -,'A-..',. ..- t,..r."..:-.::::::....77-. :-.,'''i:,,,...•-..:,--..,i;....-..i.,-......e...: '., '-i - „,..,-,.,!,-^'`...4-',..'.' N,4%.:...,..+'.4---' I,......-1 .-:.....i..„-:;.i:„, „...r..._. ...,. ,..:::,, .„,..: .:.,.;..,..,: ..f‘...,-, 4.. 44' 5.,34'P ritA ,;:''. ''f':''*''''''''P'' . ■ ''' '''C'.S.14 ..'174"■+:;.-'1*.,..' ';!''''''.:,;f4*^.4.:',:4?Q‘ '" .1':ef:44)1'3612 Cil----'-''. i'";-;■;::111 ' ' :;..4;4.!'''7 i.1-:,,T:'':.4 k 1 4 :-,s'e'' I 'I a P I_c.'4 ;E1'*" '" ---- ' -- -4 AN —-' - , Nps :.-.,,,. ,, .,,.L.,r'-, ‘,., or comfy!! sio ...-7. ----' ''''''' ':.'''p OhER ' .4AISAL FOR T - ' ''';'' j -: ''6\ti:::`,7 VAR RANTED Packet Page -930- 5/27/2014 16.C.9. BA YSHORE / GATEWAY TRIANGLE REDEVELOPMENT AREA r _ I - _ - --• • 7--7- - { . - I 17—•1, LcGcr40 Packet Page -931- REAL ESTATE .�'PPRAL'D _ .L _ �.�� 5/27/2014 16.C.9. Folio No. 61480800005 Property Address 2932 LINW000 AVE I\'. PPES 34112 61480840007 Owner Name WILLIAM N S"i EPIIENS Addresses 2369 KIN'GS LAKE BEVEL City NAPLES 1 State 1FL / Zip / 34112' Legal 7 J'1 ES BETTER HOMES OR 2026 PG OM Section j Township Range Acres Map No. Strap No. I I 50 25 0.33 - 2 VACANT LOTS 14,374 SF TYPE. IZESII➢Ir'ti'J`IAL eta M1liilageArea Millage „..' Use Code VACANT LAND 1, SUBJECT PROPERTY COMPARABLE N0.1 COMPARABLE N0.2 ' COMPARABLE NO. 3 Address: 2932 LINWOOD AVE 3530 HIBISCUS AVE 2632 VAN BUREN AVE 3164 CONNECTICUT AVE :Proximity to Subject 63502760005 29280480007 61430920003 Sales Price $31,500 $19,000 I 3 9 ,2...900 Unit Price 2.26 SF j 2.73 SF 2.98 SF Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data +/-$ +/-$ +/-$ 'Date of Sale&Time DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION Adjustment Adjustment Adjustment Adjustment 8/00/2013 MINUS 0.10 j 6/0 012 01 3 $0 i 4/00/2013 $0 Location EAST NAPLES EAST NAPLES SO EAST NAPLES SO EAST NAPLES $0 .ZONING/USE RESIDENTIAL SIMILAR SO SIMILAR $0 SIMILAR $0 'Utilities Available Electric 1 Water i Equal SO Equal $0 Equal $0 ,Size/Acres 0.33 AC (2 LOTS) ' 0.32 as j SO 0.16 AC SUP 0.23 ac $0 VIEW/CLEARED CLEARED PT TREED $0 PT TREED $0 PT TREED $0 ;ACCESS ACCESS Access $0 Access SO k cows , .Sales of r'. 'anclilg Concessions $0 SO SUP MINUS 0.60 Net Adj. (Total) MINUS 0.10 MINUS 0.601 A MINUS 0.60 Indi ated Value of Subject 2.16 SF 2.13 SF 2.38 SF Comments on Market Data: I akin0 into consideration the market cats are the current.market conditions the base unit on. s for the Subject propa•ty is 32.13 of Subject property is 14,374 sf x 2.1 3sf is$30.617 dollars. Comments end Conditions of Appraisal: The interest being appraised is fee eirnt.i_. and the highest and pest use of the parcel is considered vacant. The 4 elements of H E. B use are considered. and this report is a market value appraisal The appraisers decisions ans. scope of wort: may become relevant to the 1 'cho area?r'w.'cs of nctraoroinary assumptions or hypotnetl ca,conditions and may become applicable to tee valuation. Fin l ec7 r etin r All tnree pproaches were considered in the valuation of this parcel The sales at approach method is most weight. The ,'aloe of t`ie-. opin ens and conoicslons may be affected due to later known or unknown adverse conditions that exist with the srthje. t pre Deny 'ESTIMATE MARKET VALUE; sao,s17 ESTIMATE MARKET UNIT VALUE: DATE OF' ESTIMATED VALUE Fcg 26. 2014 FR r7_ D FOR AND OP::::, C' COLLIER 00.2/TY BOARD OF COMMISSIONERS =,p;;ra ser _ ,. ..r RELIANCE UPON APPRAISAL FOR OTHER Roosevelt Leonard J"ES IS NOT WARRANTED Land Appraisal Report, ,Appraisal Form 02 Re Packet Page -932- 5/27/2014 16.C.9. Appraisal Additional Comments: Bayshore /Gateway Triangle Redevelopment Overlay The Bayshore /Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, are within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore /Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this overlay is to allow for more intense development in an urban area where urban services are available. The two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of these overlays. Residential uses are allowed within this overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, may be limited by a zoning overlay. The RMF-6-GTMUD-R This zoning will not provide any additional value for a 0.33 acre vacant residential land parcel. Some land evaluators' may consider this area a negative because of special assessments and this area is going through redevelopment. Comparable#1 is in a superior location having sold for $31,500 dollars consisting of 0.32 acres. The subject property being valued at $30,617 consisting 0.33 acres, in my opinion the values are a wash. The current estimated value is $30,617 dollars. Packet Page -933- a / J fR � -- RDrAL��wc1ANA Da, NEWOOD i_A =V BES G. n a��1 - --- -- — .AGE Tfl-F PARK 0. S ,..r...„1,,,,,.„SDI y ICS HO / r G FLANS ', ) \: ..I=mo �UDG RANCH RD :- H � ^. --J _ I .- IRaRtnnsciR �N �V(�R'0 T"GNSs _ w c� - �I• C3AY y "- .R .,� z�nRLNIS LocP J,'s • A HAbJKo , r �i R 3 H 3 5/27/2014 16.C.9. �� Nte1 @,%Q� c A.0 r•r�,H"�7,A��� ��Av sY: RovAL RIDG a D I. o RU H \ - !ARIA' WALD ENC,1' 0.110.13•`U' R` ���t.-.. 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P ■ HUMANE SOCIETY _ FEAGAN a SARK IA S1 EXCHANGE AS j m u CIR WIZ ST sr 33 H AV N _ THE COMMONS a GtJtE F04...To cESENA, PARK _ or° �W H LsEV �Ku'Er-sr aEH, _ N SOUTH N�, MUNICIPAL AA PROSPECT AV ¢ Gc °c1 _ .rvsDx C—LC�aNM Si h' RGHP� R 80.0E _ Yp :ST - OWCF,i 2 hi BTH LAN CHARLES AIRPORT CORPORATE L+�Y a _ BANCPLAZA l C �`>'�MCG1� ■_ ANT Ot{Y PORT AV AIRPORT RO PLAZA SD 1F ET " a��N�V 3 II'1 NI BgIAR WOOD Olfl i E.IAr1 B�.N Cy ,T 'V I V N AVION�PL _ •■ RADIO AV f.Rp •■PLAZA ,a• ,,-,4,1 PL lUfl1Ie AV,a}ELI o� p� RIDGE LAIS�, y;94" 5 - -■POLICE STATI NAIRW DR .. tlIJHI NHU i H `" 6TH AV 11 R• 9,nyF . yy WESTVIEW PLAZA K T _ kq I �01 D ® �I� vEP=PTT5I;M:RA.® IN®II.P� ....CC47 CO4ULTY IJD U- O APLAZA ALKER INSTIT T J ti pr' IN . omm,R I "— nV q�®® '� 4 11AZ¢L OF TECHNOLOr Y - "' 1 �' _o, ` t`P OQ• �/ -,bra �^fyj���'•1ST A, A\--if-l'1- _. — CEP ----1--'I �11(fyP a`( GULEVIEW 115 ERMINAL I�WJ f ERR I E •ENTRA •f�UH C I _S- I 3 JJGRTH .,,,,.,;'• NAPLES ADULT ty o J • t,F COU£ u' SDR AqcTL Px A NN AD MS " _ .=,MOIR : 1' Rp . EIHRDAU lOr o s =• - kldR•RP 'BAYFRONY± g ■fie PO p I:Itl'Ot GOLF COURSE pFVfy = OLEO S pl��s° .�. III SEAG•'PE W Y CAPEKENN SQL-Vm E •-- 5 L] p\J 1� S5IJMARKE, ` C f ti o O� WI PO P< FOXFIRE . NAPLES L_S 20. j y'�1'`,,■ PLAC_ ; -m BRO vax aA� G I� FOX - F PJST AV GRAND POST OFFC zC HCU DR -, gpPO�I pH^" OFFICC'--' 1� ` S CENTRAL(E°WMOWNI L L C HBaR FIB `• TESTS A R�RC'A DR ';,''',Er''., F1J STN AT S'PA�!4 ST 4 • �STQTIUN 1 ` 11 �4 a-ES �� AV a / a� fDXHOIIND "'� "' ,u,GA 4 FLAMiN00 DR DR S r Au i �© ^N� I GEL N AMiNGO' _ MOO rAK N a 6� ti AV \F cF �\ PY°p a SIRE SOS ESTATES .y. LA D rox Nro� �L 5 s`9�L wr NAPE•$ 7T•p �FT xA ^ L- ' Wy LRRAGE W. 5 oDDi IS °•^qvm F``■r. SHDErlSH(�L 5 ,(34 � ,.. £ 0 VII"r Ms 3`' BTH �� - CGRLENJ'Al V' G RxE u G 3 .I.:�'.'•� „R. AV m $ N Li ( NA PLA21 ¢ V o�. g+CDNAECiIrl ARC]ICCRn DI o •F'11f GLSS IA STDT F�0.St . i11`G fl?Woo d OR CR�V1N• p OI N JSJy r OSPREY AV ” ? E._,F.F. g l z_'TARCIIC 4 Wr C11 ,DA mow DD!I o ...r ?. �" TAT c V,—C AOYSTv R'EIJC ,, � 1 ANURf,A.A !"— .�c�6 REr JD ITs�IR Jv.°vv�S t�e'•�W c v N�`y0 cry d' -� 11 `^ $ COAST GUARD t �T DxPD 1 wimE V .0 9 O RLDNw KiN� �� ER<`' C BCI LPN -•.A • �pA r w 2 ON CARED ; O°. e' B•DA1- MIS - NA AU A CW PNAV• R1� n FRANCIS LADES Fh BLVD � `1"•• . CT Ex T' m 1LOHm00 f,T • F RIGA•ATI M1IUNICIP�AL PIER 12 ,� 5 FL RDX AV ®q ' l ¢ .HADA ILA k- w__--- ti DINT AV LES � Li•L LANDING/IiNG SLUE IR A qq __ COVE INN COMPLEX JEW _Wl �Lp s G' �IAt P44';'''''''''''';'44/ 'T U S J C -C, $H'RPINL - um , d CITY DOCK BEL AV - AV °� W. Cq ¢ '444gU� BANiq - . UIST"cT �" S .AOL ALAN F I s 5 R b TH: 3 _ cq �W HAM Bp/ �Ljc AETOP J 15 tT 1 qV Hr:-rrr D0 e C'd 1 u GUT j�° _ , SHGRE x I01VW' t GATE SPINA GLAD S.� R P,LOCE n -° I WILMA -- _ 16{I_H I�r^'r-T-T•. L LA a / PLAZA I m COLLIER co as�m g LA W ST I.A\ MdR IN 011 - WE 'AV GOVT CMPL CROWN EENBACK CID cIs 1:T�L- F B'66AAl I:- .® HARRISSNa D x UENSba 1ItAHGI Li CENTRES DR Dt' _BAH AV� S p M aJ / ,.,� {? e!A \\R/ �.AL INT'L _ ,41 TFRVL RD w E ,T t�' Po NTC ]FIIMAftGII 'EENWO°D OR '9T11r ll/ N �� `i P le ST - W 'HE 020, s 1 - MACE "T F y CT o 7 C LLEGE - AH,LL C. <H•CLUB V, C G n H M w O G w 3-\Y 4 N TA tf ENWDOD " v 0 '.1 OF P WEYY P I COLLED CS UNARY B S "' rcuaD fRD D ° 2111 �-' I -3., OREi RIAO K KI ITS LAKE oR u Is AV S ASTIR ,•; t1LT 4 nVL AS APLE x ... C �, YM yWfV- 4]ERKE Y° on ^�..CAS LEMA6NE-. WEND,' IET OAKS DHt Vy -'- --- EvOANSp 6 a 1ST 115 Ul 'Ero pV,t" R �y FLL G IEYDAK511 ( ' S� /L ,O vEIMCW.p $ h. - H:,,•. . LLII ISgc v�•LEY DABS DR J d BEACH EALK 9 V IA ,JAa CA L 1 L:FEV EW9 z.� ^4 t„,,,,N CON TOW` ''iFq Lir Er-Al LANSDALE PJ.,LC rLTi;E / , T / C WING ST xA:1y v A r D �/ ,d'`,., m "To' -+n E• CENTER I(EL-6, -DUE ESSCY�J� R RA r• •E TONE BLVD K-Id L-' (- '-- .. 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East Naples Real Estate Prices and Overview East Naples median real estate prices are 5177,631,which is more expensive than 57.4%of the neighborhoods in Florida and 55.1%of the neighborhoods in the U.S. Average rental prices in East Naples are currently$941,based on Neighborhood Scout's exclusive analysis. Rents here are currently lower in price then 44,6%of Florida neighborhoods. East Naples is an urban neighborhood (based on population density)located in Naples, Florida. East Naples real estate is primarily made up of small(studio to two bedroom)to medium sized(three or four bedroom)small apartment buildings and apartment complexes/high-rise apartments.Most of the residential real estate is owner occupied.Many of the residences in the East Naples neighborhood are established but not old, having been built between 1970 and 1999.A number of residences were also built between 1940 and 1969. Vacant apartments or homes are a major fact of life in East Naples.The current real estate vacancy rate here is 45.1%.This is higher than the rate of vacancies in 98.1%of all U.S. neighborhoods.This can sometimes be the case in neighborhoods dominated by seasonal homes (such as vacation areas),and occasionally it is also found in neighborhoods that are primarily filled with college students,as some apartments could be vacant when school is not in session. But often neighborhoods with vacancy rates this high are places that can be plagued by a protracted vacancy problem. If you live here,you may find that a number of buildings in your neighborhood are actually empty. Notable Fx Unique Neighborhood Characteristics The way a neighborhood looks and feels when you walk or drive around it,from its setting,its buildings,and its flavor,can make all the difference.This neighborhood has some really cool things about the way it looks and feels as revealed by NeighborhoodScout's exclusive research.This might include anything from the housing stock to the types of households living here to how people get around. Notable Et Unique: Real Estate In addition, most neighborhoods are composed of a mixture of ages of homes,but the East Naples sta ids out as rather unique in having nearly all of its residential real estate built in one time period,namely between 1970 and 1999,generally considered to be established, but not old housing. What you'll sense when you look around or drive the streets of this neighborhood is that many of the residences look the same because of this similarity of age. In fact,97.6%of the residential real estate here was built in this one time period. Furthermore,the East Naples neighborhood is very unique in that it has one of the highest proportions of one,two,or no bedroom real estate of any neighborhood in America.Most neighborhoods have a mixture of home or apartment sizes from small to large, but here the concentration of studios and other small living spaces is at near-record heights. With 91.7%of the real estate here of this small size, this most assuredly is a notable feature that makes this neighborhood unique,along with just a handful of other neighborhoods in the U.S. that share this characteristic. Also of note,vacant homes and apartments are a significant characteristic of this neighborhood. In fact,with 45.1%of the residential real estate vacant,the East Naples neighborhood claims the distinction of having a higher vacancy rate than 98.1%of the neighborhoods in America. This can either be because much of the property is seasonally occupied, like in many vacation areas,or that much of the real estate is more permanently abandoned. • PREPARED FOR AND PROPERTY OF COLLIER COUNTY BOARD OF COMMISSIONERS RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page -936- 5/27/2014 16.C.9. Shape/Utility. The appraiser can determine how the size and shape of a site affect its value for a particular use by analyzing sales data on parcels of various sizes and shapes. For example, an odd- shaped parcel may be appropriate for a dwelling but unacceptable for certain commercial or industrial uses.A triangular lot may not have the same utility as a rectangular lot. The size and shape descriptions and the site dimensions (street frontage, width, and depth) can suggest the advantages or disadvantages caused by these physical characteristics. Lot type, orientation, and access also affect utility. Some common types of lots are: • Interior • Corner • Cul-de-sac • Flag Interior lots are often the most regular in shape. They typically have access from the street, although a rear alley may also provide access. Corner lots have frontage on two or more streets and often appeal to commercial users because of their increased visibility and convenient access. Corner lots may provide greater access and flexibility in the building layout and more light and air than interior lots; however, they may also have disadvantages such as multiple building setback lines and more traffic noise. Corner lots are typically larger than interior sites and may be subject to higher assessments because they have more sidewalk area and street frontage. Cul-de-sac lots are located at the end of dead-end streets with circular turn-around areas. Generally these lots are tapered (pie- shaped) and have very little frontage. Cul-de-sac lots may have bigger backyards and less traffic, but there may be limited street parking. A flag lot has a long narrow access way; the lot and access route resemble a flag on a pole. Access to a site impacts utility and is closely related to the lot's shape.A public street or alley, a private road or driveway, or a right-of-way may provide access across an abutting property. The utility of a site is gene:-ally referred to as"typical for area,""better than overage," or"less than adequate."The utility of a site is directly correlated with the dimensions, area, shape, and legal restrictions of the lot. If site utility is not"typical,"the narrative comments section and subsequent analysis should report the positive or negative impact of utility on the marketability of the site. 15 I Ai Reports'Al-100 Summary Appraisal Report - Residential Guidebook Packet Page-937- Collier County Government File No. 5/27/2014 16.C.9. Case No. • This appraisal report is subject to the scope of work,intended use,intended user,definition of market value,statement of assumptions and limiting conditions,and certifications.The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal,including the following definition of market value,statement of assumptions and limiting conditions,and certifications.The appraiser must,at a minimum:(1)perform a complete visual inspection of the subject property, (2)inspect the neighborhood,(3)inspect each of the comparable sales from at least the street,(4)research,verify,and analyze data from reliable public and/or private sources,and(5)report his or her analysis,opinions,and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER:The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus.Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he or she considers his or her own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions'granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions.No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the markets reaction to the financing or concessions based on the appraisers judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1.The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it,except for information that he or she became aware of during the research involved in performing this appraisal.The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2.The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources)and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 3.The appraiser will not give testimv.y or appear in court because he or she made an appraisal of the--rocerty in question, unless specific arrangements to do so;eerie beer made beforehand,or as otherwise required by law. 4.The appraiser has noted in this appraisal report any adverse conditions(such as the presence of hazardous wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal.Unless otherwise stated in this appraisal report,the appraiser has no knowledge of any hidden or unapparent deficiencies or adverse conditions of the property(such as,but not limited to,the presence of hazardous wastes, toxic substances,adverse environmental conditions,etc.)that would make the property less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied.The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards,this appraisal report must not be considered as an environmental assessment of the property. 5.If the appraiser has based his or her appraisal report and valuation conclusion for an appraisal subject to certain conditions,it is assumed that the conditions will be met in a satisfactory manner. PREPARED FOR AND PROPERTY OF JOLLIER COUNTY BOARD OF COMMISSIONERS RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Pro Packet Page -938-'are 800-622-8 727 Page 1 of 3 Collier County Government File No. 5/27/2014 16.C.9. Case No. APPRAISER'S CERTIFICATION:The Appraiser certifies and agrees that: 1.I have,at a minimum,developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2.I performed a complete visual inspection of the subject property.I reported the site characteristics in factual,specific terms. 3.!performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4.I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value.I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. 5.I researched,verified,analyzed,and reported on any current agreement for sale for the subject property,any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal,and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal,unless otherwise indicated in this report. 6.I researched,verified,analyzed,and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale,unless otherwise indicated in this report. 7.I selected and used comparable sales that are Iocationally,physically,and functionally the most-similar to the subject property. 8.I have reported adjustments tc the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 9.I verified,from a disinterested source,all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 10.I have knowledge and experience in appiaisir,g this type of property in this market area. 11.I are aware of,and have access to,the necessary and appropriate public and private data sources,such as multiple listing services,tax assessment records,public land records and other such data sources for the area in which the property is located. 12.I obtained the information,estimates,and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 13.I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood,subject property,and the proximity of the subject property to adverse influences in the development of my opinion of market value.I have noted in this appraisal report any adverse conditions(such as,but not limited to,the presence of hazardous wastes,toxic substances, adverse environmental conditions,etc.)observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal.I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 14.I have not knowingly withheld any significant information from this appraisal report and,to the best of my knowledge,all statements and information in this appraisal report are true and correct. 15.I stated in this appraisal report my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the assumptions and limiting conditions in this appraisal report. 16.I have no present or prospective interest in the property that is the subject of this report,and I have no present or prospective personal interest or bia•with respect to the participants in the transaction.I did not base,either partially or completely,my analysis and/or ohtinion market value in this appraisal report on the race,color,religion,sex,age,marital status,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 17.My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding,written or otherwise,that I would report(or present analysis supporting)a predetermined specific value,a predetermined minimum value,a rauge cr direction in value,a value that favors the cause of any party,or the attainment of a specific result or occurrence of a specific subsequent event(such as approval of a pending mortgage loan application). 18.I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report.If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report,I have named such individual(s)and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is:qualified to perform the tasks.I have not authorized anyone to make a change to any item in this appraisal report;therefore,any change made to this appraisal is unauthorized and I will take no responsibiRRERIURED FOR AND "ROPERTY 01 COLLIER COUNTY BOARD • COMMISSION 19.I identified the lender/client in this appraisal report who is the individual,organization,or agent for the orgUalygNCCUPON APPRA SAL FOR OTHE'r- ordered and will receive this appraisal report. USES IS NOT WA'RANTED 20.The lender/client may disclose or distribute this appraisal report to:the borrower;another lender at the request of the borrower; the mortgagee or its successors and assigns;mortgage insurers;government sponsored enterprises;other secondary market participants;data collection or reporting services;professional appraisal organizations;any department agency,or instrumentality of the United States;and any state,the District of Columbia,or other jurisdictions;without having to obtain the appraiser's or supervisory appraiser's(if applicable)consent.Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party(including,but not limited to,the public through advertising,public relations,news,sales,or other media). Produce Packet Page -939- 00-622-6727 Page 2 of 3 Collier County Government File No. Case No. 5/27/2014 16.C.9. 21.I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain'laws and regulations.Further,I am also subject to the provisions of the Uniform Standards of Professional Ap_p-eisal•?ractice that pertain to disclosure or distribution by me. 21 If this appraisal report was transmitted as an"electronic record"containing my"electronic signature,"as those terms are defined in applicable federal and/or state laws(excluding audio and video recordings),or a-facsimile transmission of this appraisal report containing a copy or representation of my signature,the appraisal report shall be as effective,enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1.I directly supervised the appraiser for this appraisal assignment,have read the appraisal report,and agree with the appraiser's analysis,opinions,statements,conclusions,and the appraiser's certification. 2.I accept full responsibility for the contents of this appraise!report including,but not limited to,thaappraiser's analysis,opinions, statements,conclusions,and tree appraiser's certification. 3.The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser(or the appraisal firm),is qualified to perform this appraisal,and is acceptable to perform this appraisal under the applicable state law. 4.This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5.If this appraisal report was transmitted as an"electronic record"containing my"electronic signature,"as those terms are defined in applicable federal and/or state laws(excluding audio and video recordings),or a facsimile transmission of this appraisal report containing a copy or representation of my signature,the appraisal report shall be as effective,enforceable and valid as it a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER(ONLY IF REQUIRED) Signature Signature Name Roosevelt Leonard Name Company Name Collie:County Government Company Name Company Address 3335 tamiami trail E Company Address _ naples fl 34112 Telephone Number 239-252-2621 Telephone Number Email Address rooseveltiaonardi colliergov.net Email Address _ Date of Signature and Report / 6;ry Date of Signature - Effective Date of Appraisal State Certification# State Certification# 3287 or State License# or State License# _ State or Other(describe) State# Expiration Dater"Certification.or License State fl Expiration Date of Certification or License 11-30-2014 PREPARED FOR AND PROPERTY •F SUBJECT PROP ER COUNTY BOARD OF COMMISSI•NERS ADDRESS OF PROPERTY APPRAISED RELIANCE UPON APPRAISAL FOR 0 HER RDid not inspect subject pS1tiS NOT WARRANTED Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE OF SUBJECT PROPERT/$ Li Did inspect interior and exterior of subject property LENDER/CLIENT Date of Inspection Name Company Name COMPARABLE SALES Company Address I Did not inspect exterior of comparable sales from street Did inspect exterior of comparable sales from street Email Address Date of Inspection Produc Packet Page -940- 800-622-8727 Page 3 of 3 5/27/2014 16.0.9. 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Master Pump Station 308 Rehabilitation project serving the Bayshore Gateway Triangle area Mr. William Stephen's lots on the corner of Shacowlawn Drive & Linwooc Avenue Tv\'o lots totaling .33 acres/14,374 square feet Packet Page 941 5/27/2014 16.C.9. ,.,.. , 4.,r r ,<<i .;.I_.I 1 Fa4 i DI E N - c,^ P> C n� - 1r�,1 F L ,t71 Pul■1 3 Gd 5 A{rp ri iWn 0 0 CD U - ■ _ .~ U WU ._ VJ O co (I) cm Cl_ \ ,, _ ...; „-,-, GO G Q 7. (1) - Packet Page -942-