Agenda 06/24/2014 Item #16C4Proposed Agenda Changes
Board of County Commissioners Meeting
June 24, 2014
Continue Item 11A to the July 8, 2014 BCC Meeting: Recommendation to authorize advertising an
ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to
exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway
improvements made to Platt Road. (Commissioner Nance's request)
Move Item 16A20 to Item 11E: Recommendation to approve a proposed amendment to the Tourist
Development Tax Ordinance No. 92 -60, as amended, that would authorize the reallocation of funds between
Tourist Development Tax categories with a supermajority vote of the Board and direct the County Attorney
to advertise ordinance changes to be approved by the Board at a future meeting; to allow TDC grant funds
previously awarded to the City of Naples to "carry forward" for expenditure in FY2015 for a major
renovation of the City of Naples Pier; and to make a finding that this item promotes tourism. (Commissioner
Henning's request)
Note:
Item 16C4: Folio Number on the Purchase and Sales Agreement
should read: Project: Basin 101 Wastewater System Rehabilitation
Vanderbilt Beach/Naples. Folios: 62427800009 & 62427840001
Time Certain Items:
Item 14B1 to be heard at 10:40 a.m.
Item I I B to be heard immediately following Item 9D
6/24/2014 16. C .4.
EXECUTIVE SUMMARY
Recommendation to approve a Purchase and Sale Agreement with Designers' Collectibles LLC at a
cost not to exceed $308,000 to purchase property for the construction of a new wastewater master
pump station as part of the Wastewater Basin Program, Project Number 70050.
OBJECTIVE: Purchase a tract of land for the construction of a new Master Pump Station (MPS) in
Naples Park. The public purpose is to bring outdated and inadequate utility infrastructure into compliance
with current county standards, while meeting demand, improving reliability, protecting public safety and
providing proactive environmental protection.
CONSIDERATIONS: The proposed scope of work for Project 70050, Master Pump Station Technical
Support, is consistent with the 2010 Wastewater CIP 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 FYI Capital Budget
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 rehabilitation of
three wastewater basins. The contract for the 101 Basin has identified that its wastewater pump stations
are inadequate and need to be replaced.
The wastewater infrastructure for the 101 (Naples Park) Basin was designed in 1972 and, over time, has
deteriorated to the point where existing pump stations and the associated force mains are not capable of
handling wastewater flows generated within the basin. The purchase of this property will allow for the
design of a new reliable pump station meeting current standards that may allow the decommissioning of
up to three undersized pump stations, given the feasibility as determined in the next phase of design.
Without this property, rehabilitation would need to be performed on active pump stations requiring
extensive bypass pu nping and requiring the acquisition of land at other locations.
Staff approached the property owner of three contiguous vacant lots and inquired if the property could be
purchased. The owner agreed to sell the lots to the county's Water -Sewer District for $306,000. Real
Property Management's Real Estate Appraiser determined the market value of the property to be
$306,000.
FISCAL IMPACT: Funding for Project 70050 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 are available in Project 70050, Master Pump Station Technical Support. The total
outlay should not exceed $308,000 for the purchase of the property, recordation of the Warranty Deed,
and title insurance. Operational costs are expected to remain the same or decrease. There is potential for
eliminating several existing pump stations by consolidating them into this one central master pump
station which would reduce overall operational and maintenance cost.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
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6/24/2014 16.C.4.
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. Appraisals
3. Location Map
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6/24/2014 16.C.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.4.
Item Summary: Recommendation to approve a Purchase and Sale Agreement with
Designers' Collectibles LLC at a cost not to exceed $308,000 to purchase property for the
construction of a new wastewater master pump station as part of the Wastewater Basin
Program, Project Number 70050.
Meeting Date: 6/24/2014
Prepared By
Name: PajerCraig
Title: Project Manager, Principal, Public Utilities Engineering
5/30/2014 12:09:56 PM
Submitted by
Title: Project Manager, Principal, Public Utilities Engineering
Name: PajerCraig
5/30/2014 12:09:57 PM
Approved By
Name: HapkeMargie
Title: Recycling Coordinator, Solid & Hazardous Waste Management
Date: 6/3/2014 8:21:41 AM
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Division
Date: 6/3/2014 11:07:22 AM
Name: CampSkip
Title: Director - Facilities Management, Facilities Management
Date: 6/3/2014 4:29:18 PM
Name: JohnssenBeth
Title: Director - Wastewater, Wastewater
Date: 6/4/2014 4:11:06 PM
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6/24/2014 16.C.4.
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Division
Date: 6/5/2014 12:35:40 PM
Name: Joseph Bellone
Title: Director - Operations Support, Utilities Finance Operations
Date: 6/5/2014 2:46:21 PM
Name: ChmelikTom
Title: Director - Public Utilities Engineering, Public Utilities Engineering
Date: 6/6/2014 9:55:09 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/9/2014 1:29:22 PM
Name: YilmazGeorge
Title: Administrator - Public Utilities, Public Utilities Division
Date: 6/9/2014 6:16:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/11 /2014 4:32:26 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/13/2014 10:21:43 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/16/2014 9:33:01 AM
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Project: Basin 101 Wastewater System Rehabilitation Vanderbilt Beach /Naples Park
Folios: 62427800009 & 6427840001
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into by and between DESIGNERS'
COLLECTIBLES, LLC, a Florida limited liability company, whose mailing address is 1136
Dormie Drive, Naples, Florida 34108 (hereinafter referred to as "Seller"), 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, 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 48, 49 and 50, Block 15, NAPLES PARK SUBDIVISION, Unit No. 1, according to the plat
thereof, recorded in Plat Book 1, Page 106, of the 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:
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 Three Hundred
Six Thousand and no /100 Dollars ($306,000.00) 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 sixty (60) 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 be 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 specked 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.
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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
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 13.09
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. Seller, at its sole expense, shall use reasonable efforts to make such title good
and marketable, but Seller shall not be required to initiate any litigation to cure any
defects except for liens or monetary obligations which will be satisfied at Closing. 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.
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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
the Purchase Price shall be made based upon any change to the total acreage
referenced in Exhibit "A ". 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.
5.04 Subject to the limitations set forth in Chapter 768, Florida Statutes, Purchaser shall
indemnify Seller from and against any loss, claim or damage incurred by or asserted
against Seller and arising out of the inspection of the Property by Purchaser or
Purchaser's agents during the 60 day investigation period, paragraph 5.01. Purchaser
shall provide Seller with copies of Purchaser's inspection reports. The foregoing indemnity
shall survive closing. This provision is not to be deemed a waiver of the immunity and
protections to bona fide purchasers and local governments in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §9604, et
seq. ( "CERCLA "), 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.
VI. POSSESSION
6.01 Purchaser shall be entitled to full possession of the Property at Closing.
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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 Seller is not in
default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel
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 10.01 (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. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
8.01 Seller and Purchaser represent and warrant the following:
8.011 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.
8.012 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.
8.013 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.
8.014 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.
8.015 No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
8.016 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.
8.017 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
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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
Seller's ownership thereof. Seller represents no part of the Property has been used as
a sanitary landfill
8.018 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.
8.019 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.
8.020 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.
8.021 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.
8.022 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.
8.023 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.
8.024 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.
IX. NOTICES
9.01 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
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
(239) 252 -8991 Phone
(239) 252 -8876 Fax
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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: Designers' Collectibles, LLC
1136 Donnie Drive
Naples, Florida 34108
With a copy to: Mathew L. Grabinski, Esq.
Coleman, Yovanovich, & Koester, P.A.
4001 Tamiami Trail N., Suite 300
Naples, Florida 34103
(239)435 -3535 Phone
(239)435 -1218 Fax
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.
9.02 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.
X. REAL ESTATE BROKERS
10.01 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.
XI. MISCELLANEOUS
11.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties. This Agreement shall not be recorded.
11.02 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.
11.03 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.
11.04 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.
11.05 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.
11.06 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.
11.07 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.
11.08 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.
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11.09 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.
11.10 This Agreement is governed and construed in accordance with the laws of the State
of Florida.
XII. ENTIRE AGREEMENT
12.01 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
AS TO ,,SELLER:, ,., �
Witness ( i Lure
Name: �aw Gfabirrski
O _Pri ey xi l
� p r
ness i ature
Name: t—
(P oo vP °1
Appmull as to fan» and loony
Aniftni A.b'i l
ounty' ttocney
Designers' Collectibles,. LLC, a Florida
limited I i i y company!
By. A i^i
Eve n Waldron, °Manager
Packet Page -1040- 1c
.r
s
PUPPMD / BASIN 101
Principal Project Manager
Craig Pajer
Appraisal for:
788 110 "" AVE N
NAPLES, FL 34108
PREPARED FOR AND PROPERTY OF
,OLLIER COUNTY BOARD OF COMMISSIONER:
RELIANCE UPON APPRAISAL FOR OTHEr
USES IS NOT WARRANTED
Packet Page -1041-
6/24/2014 16.C.4.
6/24/2014 16.C.4.
Parcel No. 62427800009 Site Adr. ;788110TH AVE N
Name / Address DESIGNERS' COLLECTIBLES LLC
1136 DORMIE DR
City NAPLES State FL Zip 34108-1928
Map No. Strap No. Section Township Range Acres *Estimated
3A28 509200 15 483A28 28 48 25 0.17
Legal NAPLES PARK UNIT 1 BLK 15 LOT 48
Milla ,,e Area 0 68 Millage Rates 01-Calculations
Sub./Condo 509200 - NAPLES PARK UNIT 1 School Other "rotal
Oise Code 0 0 - VACANT RESIDENTIAL 5.69 5.9143 11.6043
THE SUBJECT PROPERTY
Packet Page -1042-
PREPARED FOR AND PROPERTY OF
-30LLIER COUNTY BOARD OF COMMISSIONER.
RELIANCE UPON APPRAISAL FOR OTHFP;
USES IS NOT "ARRANTEP
6/24/2014 16_C.4_
Land Appraisal Report, Appraisal Form 02 Re Packet Page -1043-
SUBJECT PROPERTY
SHORT FORM REPORT
COMPARABLE NO.2
COMPARABLE N0: 3
VACANT LAND APPRAISAL
1 atioNo,
: 624278000091
' = Property Address 788 110th AVE N NAPLES
Proximity to Subject
TX ID 62418740000
Owner name
DESIGNERS' COLLECTIBLESLLC
Addresses
1136 DORMIE DR
City.
NAPLES
I State JFL Zip 34108
$115,000
Unit Price
Legal
SHORT LEGAL
NAPLES PARK UNIT 1 BLK 15 LOT 48
P1 SF
17.60 SF
Data Source
Section
Township :
Range
Acres
Map No.
Strap No.
28
48
25
0.17
7,405 sr
+ / -$
Adjustment
3/0012013
$0
TYPE.
VACANT LAND
1 11/00/2013
v MillageArca
Millage
Use Code
N PK @7TH
- $9,900
N PK @ 7TH
- $12,500
Land Appraisal Report, Appraisal Form 02 Re Packet Page -1043-
SUBJECT PROPERTY
COMPARABLE NO. 1
COMPARABLE NO.2
COMPARABLE N0: 3
788 110TH AVE N
707 104TH AVE N
701 97TH AVE N
670 109TH AVE N
Proximity to Subject
TX ID 62418740000
TX ID 62774080006
TX ID 62574440008
Sales Price
$99.000
$125.000
$115,000
Unit Price
15.15 SF
P1 SF
17.60 SF
Data Source
PROPERTY APPR REC
Property Appraiser Sales Data
Property Appraiser Sales Data
Property Appraiser Sales Data
Date of Sale & Time
Adjustment
DESCRIPTION
+1 -$
Adjustment
DESCRIPTION
+1 -$
Adjustment
DESCRIPTION
+ / -$
Adjustment
3/0012013
$0
1/0012014
$0
1 11/00/2013
$0
Location
NAPLES PARK @ 8TH
N PK @7TH
- $9,900
N PK @ 7TH
- $12,500
N OF 6TH ST
- $11,500
LOT UTILITY
INTERIOR LOT
INTERIOR
$0
CORNER
$0
INTERIOR
$0
SIZE /PARENT TRACT 0.17 AC
0.15 AC
$0
0.18 AC
$0
0.15 AC
$0
LAND ZONING
VACANT LAND
VACANT LAND
$0
VACANT LAND
$0
VACANT LAND
$0
ACCESS
ACCESS
ACCESS
$0
ACCESS
$0
ACCESS
$0
ZONING
RESIDENTIAL USE
SIMILAR
$0
SIMILAR
$0
Similar
$0
Sales or Financing
Concessions
CASH
CASH
CASH
Net Adj. (Total}
- $9,900
$12,500
$11,500
Indicated Value of
Subject
13.64 sf
14.35 sf
15.84 sf
Comments on Market Data: The subject property is currently listed for sale at $125,000. In this market area there is an adjustment for properties located
between streets 8th, 7th, & 6th being closer to the Gulf of Mexico, in this market analysis the adjustment is 10 %. The average of the adjusted square
footage is 14.61 sf x 7,405 sf is $108,187 say $110,000 dollars.
Comments and Conditions of Appraisal: The interest being appraised is fee simple, and the highest and best use of the parcel is considered vacant. The 4
elements of H & B use are considered, and the sales approach is considered most reliable. The appraiser's decisions and scope of work are relevant to any
characteristics applicable to extraordinary assumptions or hypothetical conditions, The three approaches to value are considered, however, only the sales
approach applies to the appraisal scope of the assignment.
Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the
opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property.
Mathematically.- 0.17ac (7,405so x $14.61 is $108,187 say $110,000 dollars
Appraiser: , CueG njeoy t+�)
Roosevelt Leonard
PREPARED FOR AND PROPERTY OF
COLLIER COUNTY BOARD OF COMMISSIONER
RELIANCE UPON APPRAISAL FOR OTHEF
3/1112014 USES IS NOT WARRANTED
Land Appraisal Report, Appraisal Form 02 Re Packet Page -1043-
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Packet Page -1044-
6/24/2014 16.C.4.
ADDENDA
PREPARED FOR AND PROPERTY u;
COLLIER COUNTY BOARD OF COMMISSIONE
RELIANCE UPON APPRAISAL FOR nT�
USES IS NOT WARRANTEj:.
Packet Page -1045-
Fie9 6/24/2014 16.C.4.
This report form is designed to report an appraisal of a one -unit property or a one -unit property with an accessory unit;
including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a
manufactured home or a unit in a condominium or cooperative project.
This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value,
statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended
use. intended user, definition cf market value, or assumptions and limiting conditions are not permitted. The appraiser may
expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal
assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do
not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's
continuing education or membership in an appraisal organization, are permitted.
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 report form, 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 interior and exterior areas 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 lo 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 comparabies 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 market's
reaction to the financing or concessions based on the appraiser's judgment
STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is
subject to the following assumptions and limiting conditions:
t. 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 provided a sketch in this appraisal report to show the approximate dimensions of the improvements.
The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination
of its size.
3. 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.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand, or as otherwise required by law.
5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, 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 physical deficiencies or adverse conditions of the
property (such as, but not limited to, needed repairs, deterioration, 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.
6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will
be performed in a professional manner. PREPARED FOR
NO PROPERTY OF
;OLDER COUNTY OW RD OF COMMISSIONERS
Freddie .Vac Form 70 Marcn 2005 Page 4 of o Fannie Mae o m OTHER
WARRANTED
Packet Page -1046-
File A 6/24/2014 16.C.4.
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that
1. 1 have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in
this appraisal report.
2. 1 performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition
of the improvements in factual, specific terms. 1 identified and reported the physical deficiencies that coed affect the
Livability, soundness, or structural integrity of the property.
3. 1 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. 1 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 I further certify that I considered the cost and income approaches to value but did not develop
them, unless otherwise indicated in this report.
5. t 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. 1 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. 1 selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property.
8. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that
has been built or will be built on the land.
9, 1 have reported adjustments to the comparable sales that reflect the markets reaction to the differences between the subject
property and the comparable sales.
10. 1 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.
11, 1 have knowledge and experience in appraising this type of property in this market area,
12. 1 am 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,
13. 1 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.
14. 1 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 rry opinion of market value. I
have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, 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.
15. 1 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.
16. 1 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.
17. 1 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 bias with respect to the participants in the transaction. I did not base, either partially or
completely, my analysis andJor opinion of 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.
18. 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 range or 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).
19. 1 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 reporl; therefore, any change made to this appraisal is unauthorized and I will take no
responsibility for it.
20. 1 identified the lenderldient in this appraisal report who is the individual, organization, or agent for the organization that
ordered and will receive this appraisal report. PREPARED FOR A D PROPERTY OF
REHANeE COLLIER COUNTY BOAR OF COMMISSIONED'
AISAL FOR OTHF`
Freddie Mac Form 70 Marc:r 2005 Face 5 W 6 Fannie Mae FcrTJges W ARRANTEf`
Packet Page -1047-
File 1
6/24/2014 16.C.4.
21. 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 appraisers or supervisory appraiser's (f 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).
22. 1 am aware that any disclosure or distribution of this appraisal report -,y 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 Appraisal Practice
that pertain to disclosure or distribution by me.
23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage
insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part
of any mortgage finance transaction that involves any one or more of these parties.
24. 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 rrry 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.
25. Any intentional or negligent misrepresentation(s) contained in this appraisal report may result in civil liability and /or
criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States
Code, Section 1001, et seq., or similar state laws.
SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that:
1. 1 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. 1 accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions
statements, conclusions, and the 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.
A. 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 if a paper version of this appraisal report were delivered containing my original hand written signature.
APPRAISER
Signature__
Name ?oc,& r. ✓e-e :
Company Name &C"'!
Company Address 7 j M r`4 /t k i FZ L C
Telephone Number
Emari Address
Date of Signature and Repoli
Effective Date ofAppra),sal
State Certification #_
or State License #
or Other (describe) State #
State �Lvr
Expiration Date of Certification or License /I / &y
ADDRESS OF PROPERTY APPRAISED
- 7515- 4 ✓e i\-/
^V4111�le s
-� 'K I& S'
APPRAISED VALUE OF SUBJECT PROPERTY S HO, IJOL'
LENDERICUENT
Name
Company Name
U BAr� qNf�D PRnpFpt i
C
Company Address - - -
VA�{yQF CafY►Nl.QSi'1.
RALL
Ill"
APPRAISAL PeY
EmaiiAddress
10fSTB NOT WARP ^,err
Freddie Mac Fcrm 70 March 2005
SUPERVISORY APPRAISER (ONLY IF REQUIRED)
Signature
Name
Company Name
Company Address
Telephone Number
Email Address
Date of Signature
State Certification #
or State License #
State
Expiration Date of Certification or License
SUBJECT PROPERTY
I] Did not inspect subject property
❑ Did inspect exterior of subject property from street
Date of Inspection
❑ Did inspect interior and exterior of subject property
Date of Inspection
COMPARABLE SALES
❑ Did not inspect exterior of comparable sales from street
❑ Did inspect exterior of comparable sales from street
Date of Inspection
Page 6 of .6
Packet Page -1048-
Fannie kiae ;Form 1004 March 2005
PUPPMD / BASIN 101
Principal Project Manager
Craig Pajer
Appraisal for:
792 11 OT'-' AVE N
NAPLES, FL 34108
s
�3� r
Packet Page -1049-
6/24/2014 16.C.4.
PREPARED FOR AND PROPERi Y 0.
�;OLLIER COUNTY BOARD OF COMMISSIONE
RELIANCE UPON APPRAISAL FOR OTNF'
USES IS NOT WARRANTED
Parcel No. 62427840001 Site Adr. 792 110TH AVE N
Name / Address DISIGNER' COLLECTIBLES LLC
1136 DORMIE DR
City NAPLES State FL
Map No. Strap No. Section Township
3A28 509200 15 493A28 28 48
Legal NAPLES PARK UNIT 1 BLK 15 LOTS 49 + 50
N,II'llaL,e Area a 68
Sub./Condo 509200 - NAPLES PARK UNIT 1
Use Code 0 7 - RET. HOMES & MISC. RESIDENCES
Ran-e
25
Mil]aL,e I
School
5.69
6/24/2014 16.C.4.
Zip 34108-1928
Acres *Estimated
0.33
dates W-Calculations
Other Total
5.9143 11.6043
THE SUBJECT PROPERTY
Packet Page -1050-
PREPARED FOR AND PROPERTY OF
COLLIER COUNTY BOARD OF COMMISSIONE"
RELIANCE UPON APPRAISAL FOR OTC !7
USES 15 NOT WAARANTC(
6/24/2014 16 . C . 4 .
SHORT FORM REPORT �
Land Appraisal Report, Appraisal Form 02 Re Packet Page -1051-
VACANT LAND APPRAISAL
Folio No.
624278400011 Property Address 1792110thAVEN NAPLES
COMPARABLE NO. 3
792 110TH AVE N
OwnerName
DESIGNERS' COLLECTIBLES LLC
Addresses
1136 DORMIE DR
City
NAPLES I State JFL I zip 34148
TX ID 62787140001
TX ID 62470280003
Legal_
SHORT LEGAL
NAPLES PARK UNIT 1 BLK 15 LOTS 49 + 50
$160,000
Section
Township
Range Acres
Map No.
Strap No.
28
48
25 0.33
14,375 sf
Data Source
PROPERTY APPR REC
Property Appraiser Sales Data
TYPE. '
VACANT LAND
Date of Sale & Time
Millage Area
:Tillage
Use Code
DESCRIPTION
+ / -S
Adjustment
DESCRIPTION
+ / -S
Adjustment
Land Appraisal Report, Appraisal Form 02 Re Packet Page -1051-
SUBJECT PROPERTY
COMPARABLE NO. 1
COMPARABLE NO.2
COMPARABLE NO. 3
792 110TH AVE N
734 93RD AVE N
000 101 ST AVE N
840 110TH AVE N
Proximity to Subject
TX ID 62714800000
TX ID 62787140001
TX ID 62470280003
Sales Price
$160,000
$129,900
$170,000
Unit Price
11.85 SF
11.98 SF
12.59 SF
Data Source
PROPERTY APPR REC
Property Appraiser Sales Data
Property Appraiser Sales Data
Property Appraiser Sales Data
Date of Sale & Time
DESCRIPTION
+ / -S
Adjustment
DESCRIPTION
+ / -S
Adjustment
DESCRIPTION
+ / -S
Adjustment
Adjustment
2/00/2012
5 perct
12/03/13
$0
07/12/13
$0
Location
NAPLES PARK @ 8TH
N PK @7TH
$0
N PK @ 8TH
$0
N PK @ 8TH
$0
LOT UTILITY
CORNER LOT
INTERIOR
$0
INTERIOR
$0
INTERIOR
$0
SIZE /PARENT TRACT 0.33 AC 114,375 SF
13,504 SF
$0
10,840 SF
$0
13,504 SF
$0
LAND ZONING
SLIGHTLY IMPROVED
VACANT LAND
$0
VACANT LAND
$0
VACANT LAND
$0
ACCESS
ACCESS
ACCESS
$0
ACCESS
$0
ACCESS
$0
ZONING
RESIDENTIAL USE
SIMILAR
$0
SIMILAR
$0
SIMILAR
$0
Sales or Financing
CASH
CASH
CASH
Concessions
Net Adj. (Total)
0.59 plus
Indicated Value of
12.44 sf
11.98 sf
12.59 sf
Subject
Comments on Market Data: The subject property is currently listed for sale at $199,000. In this market area there is no adjustment for properties located
between streets 8th, 7th, & 6th being closer to the Gulf of Mexico. This is due to the limited number for this type size. The average of the adjusted square
footage is 12.32 sf x 14,375 sf is S177,100 say $177,000 dollars.
Comments and Conditions of Appraisal: The interest being appraised is fee simple, and the highest and best use of the parcel is considered vacant. The 4
elements of H & B use are considered, and the sales approach is considered most reliable. The appraiser's decisions and scope of work are relevant to any
characteristics applicable to extraordinary assumptions or hypothetical conditions. The three approaches to value are considered, however, only the sales
approach applies to the appraisal scope of the assignment.
Final Reconciliation: The subject property contains a concrete slab that held a structure with available water and sewer credits of $6,420. There are
other available impact fee credits worth $23,129. The total available credits are $29,548.89 again these credits go up. and down in dollar amount
according to water and sewer rates and other impact fees therefore the credit is not dollar for dollar adjustments. Using 65% of the avaialble credits
is $19,206 say $19,000 adjustment.
PREPARED FOR AND PROPERTY OF
COLLIER COUNTY BOARD OF COMMISSIONER
Mathematically: Estimated tot value $177;000 plus $19,000 (credits) is $196,000 dollars RELIANCE UPON APPRAISAL FOR OTHF"
USES IS NOT WARRArdTpn
' '
Appraiser: 3/11/2014
Roosevelt Leonard
Land Appraisal Report, Appraisal Form 02 Re Packet Page -1051-
6/24/2014 16.C.4.
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GA Packet Page -1052- r r
r-
6/24/2014 16.C.4. _
ADDENDA
PREPARED FOR AND PROPERTY Ui
COLLIER COUNTY BOARD OF COMMISSION,
RELIANCE UPON APPRAISAL FOR OTHE '
USES IS NOT WARRANTF
Packet Page -1053-
Files 6/24/201416.C.4.
This report form is designed to report an appraisal of a one -unit property or a one -unit property with an accessory unit;
including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a
manufactured home or a unit in a condominium or cooperative project.
This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value,
statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended
use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may
expand the scope of work to Include any additional research or analysis necessary based on the complexity of this appraisal
assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do
not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's
continuing education or membership in an appraisal organization, are permitted.
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 report form, 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 interior and exterior areas 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 fender /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) loth
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 market's
reaction to the financing or concessions based on the appraiser's 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 provided a sketch in this appraisal report to show the approximate dimensions of the improvements.
The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination
of its size.
3. 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.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand, or as otherwise required by law.
5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, 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 physical deficiencies or adverse conditions of the
property (such as, but not limited to, needed repairs, deterioration, 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.
6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subje* w,tttFIR
completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subj tLRMV B0
be performed in a professional manner. RELIANCE UPON A
USES IS NC
Freddie Mac Form 70 March 2005 Page 4 of 6 Fannie Mae Form 1004 March 2005
Packet Page -1054- -
i PROP£Hi', _.
OF COMMISSi of
k1SAL FOP
WARRA.h1TFi
Fik 1 6/24/2014 16.C.4.
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. 1 have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in
this appraisal report.
2. 1 performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition
of the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the
livability, soundness, or structural integrity of the property.
3. 1 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. 1 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. I further certify that I considered the cost and income approaches to value but did not develop
them, unless otherwise indicated in this report.
5. t 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. 1 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. 1 selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property.
8. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that
has been built or will be built on the land.
9. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject
property and the comparable sales.
10.1 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.
11. 1 have knowledge and experience in appraising this type of property in this market area.
12. 1 am 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.
13. 1 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.
14.1 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, needed repairs, deterioration, 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.
15. 1 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.
16.1 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.
17. 1 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 bias with respect to the participants in the transaction. I did not base, either partially or
completely, my analysis and/or opinion of 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 an any other basis prohibited by taw.
18. My employment andlor 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 range or 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).
19. 1 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 ar0Aff *9 %R
responsibility for it. COLLIER COUNTY BO
RganNI^�fi A
20. I identified the lender/client in this appraisal report who is the individual, organization, or agent for the organ ��yy
ordered and will receive this appraisal report. INC
Freddie Mac Form 70 Marcn 2005 Pace 5 of 6 Fannie Mae Form 1004 March 2005
Packet Page -1055-
NO PROPERTY
11) OF COMMISSIONt;
'RAISAI. FOP
WARRAt"
6/24/2014 16.C.4.
File S
21. The lenderldient 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 (f 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).
22. 1 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 Appraisal Practice
that pertain to disclosure or distribution by me.
23. The borrower, another tender at the request of the borrower, the mortgagee or its successors and assigns, mortgage
insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part
of any mortgage finance transaction that involves any one or more of these parties.
24. 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.
25. Any intentional or negligent misrepresentation(s) contained in this appraisal report may result In civil liability andfor
criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States
Code, Section 1001, et seq., or similar state laws.
SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that:
1. 1 directly supervised the appraiser for this appraisal assignmerC have read the appraisal report, and agree with the appraiser's
analysis, opinions, statements, conclusions, and the appraiser's certification.
2. 1 accept full responsibility for the contents of this appraisal report Including, but not limited to, the appraiser's analysis, opinions,
statements, conclusions, and the 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 if a paper version of this appraisal report were delivered containing my original hand written signature.
APPRAISER SUPER"SORY APPRAISER (ONLY IF REQUIRED)
Signature Al- -%Wzzi 1f7mftW*e
Name 1i5icnJ.4
Company Name Ca4L.'� 2 CrriI-✓tY C-, 4-, --rte
Company Address 3�� %,Fm�4s�t T>zL
Telephone Number
Email Address
Date of Signature and Report
Effective Date of Appraisal
State Certification # -7
or State License #
or Other (describe) --- -_ State #
State A1a.'d'�
Expiration Date of Certification or License 3� !
ADDRESS Of PROPERTY APPRAISED
71? a, lt(5-� ,4v -- .J
/\/ )4- Oe S 9Y r' Q,&—
APPRAISED VALUE OF SUBJECT PROPERTY $ / !Si DOt3
T
LENDER /CLIENT
Name
Company Name
Company Address PHLPARED OR AND PROPERI f
-PA, � BOARD F COMMiSSlttr,
Email AddressREt
APPRAISAL FOP n•r
USES IS NOT WARRANTrr
Signature
Name
Company Name
Company Address
Telephone Number
Email Address
Date of Signature
State Certification #
or State License #
State _ -- -
Expiration Date of Certification or License
SUBJECT PROPERTY
❑ Did not inspect subject property
❑ Did inspect exterior of subject property from street
Date of Inspection
❑ Did inspect interior and exterior of subject property
Date of Inspection
COMPARABLE SALES
❑ Did not inspect exterior of comparable sales from street
❑ Did inspect exterior of comparable sales from street
Date of Inspection
Freddie Mac Form 70 March 2005 P— F 4 s Fannie Mae Form 1004 March 2005
Packet Page -1056-
6/24/2014 16.C.4.
Naples Park Unit 1, Block 15, Lots 48, 49 and 50
These lots are vacant. There once was a structure on Lots 49
and 50, but the structure was demolished some years ago and
all that remains is a small concrete slab.
Packet Page -1057-