Agenda 03/13/2018 Item #16D 303/13/2018
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Janet L. Wallace, Kevin L.
Konkler, and Linda K. Frauendorfer formerly known as Linda K. Blake, all as tenants in common,
for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed
$14,800.
OBJECTIVE: To purchase a 1.14-acre parcel within the Winchester Head Multi-parcel Project from
Janet L. Wallace, Kevin L. Konkler, and Linda K. Frauendorfer formerly known as Linda K. Blake, all as
tenants in common (Sellers).
CONSIDERATIONS: On January 25, 2005, Agenda Item# 10D, the Board of County Commissioners
(Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC)
recommended Cycle II - Active Acquisition List, (AAL) with changes, and directed staff to actively
pursue acquisition of the properties under the Conservation Collier Program. A multi-parcel project
included on the Cycle II - AAL was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi -
parcel Project). Staff has actively pursued acquiring parcels within Unit 65. However, on September 13,
2005, Agenda Item# 16A34, the Board accepted CCLAAC’s recommendation to, due to rising property
costs, discontinue buying properties for the Winchester Head Multi-parcel Project for 90 days. On
February 14, 2006, Agenda Item# 10A, the Board approved placing the Winchester Head Multi-parcel
Project on the “B” list of the Cycle III - AAL, and on January 23, 2007, Agenda Item# 10A, the Board
approved the Cycle IV - AAL, once again placing the Multi-parcel Project on the “B” list. On May 22,
2007, Agenda Item# 10F, the Board approved activating the Winchester Head Multi-parcel Project, with
conditions, and it was placed on the “A” list on the current AAL. On January 29, 2008, Agenda Item#
10F, the Board accepted CCLAAC’s recommended AAL reactivating and placing the Project on the “A”
list. On January 25, 2011, Agenda Item# 10B, the Board accepted CCLAAC’s recommended Cycle 8
AAL, placing the Project on the “A” list. On December 13, 2016, the Board reauthorized the
Conservation Collier Land Acquisition Program. On August 14, 2017, the CCLAAC recommended staff
to make offers to interested property owners within the Project.
The Winchester Head Multi-parcel Project consists of 116 parcels and a total of 159.81 acres. To date,
Conservation Collier has acquired 59 parcels for a total of 82.40 acres, and the Collier Soil and Water
Conservation District has acquired two (2) parcels totaling 2.28 acres. One important reason for the
selection of Winchester Head as a conservation target is that this area functions to provide floodplain
storage for surrounding home sites during the high rainy season. These types of depressional storage areas
were included in the water management models for the Golden Gate canal system done by the Big
Cypress Basin, South Florida Water Management District and are a component of flood control for the
area. Winchester Head has also been targeted for future watershed improvement projects (North Golden
Gate Flowway Restoration Project, TDR Program, and Mitigation Program) in the County’s Watershed
Management Plan. Additional program criteria that would be satisfied by this acquisition include
protection of surface and groundwater resources, protection of wetland-dependent species habitat, and
good potential for restoration.
Staff contracted with two independent, state-certified, general real estate appraisal firms to appraise all
parcels within the Project. The appraisers based their analyses on comparable sales from the wetland, not
upland parcels, preferably within the Project boundaries. The appraisals dated July 2017 provided an
averaged appraised value for parcels within the Project at $12,500 an acre. On October 9, 2017, the
CCLAAC recommended extending offers to owners who sent in applications in the Project. The cost to
obtain new appraisals was $4,900.
16.D.3
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03/13/2018
The Sellers’ property contains a total of 1.14 acres and is located within the Winchester Head Multi-
parcel Project. The land cost for the 1.14-acre parcel is $14,250. The Property Appraiser’s 2017 Tax Roll
assessed value for this property is $15,134.
The attached Agreement provides that should the County elect not to close this transaction for any reason,
except for default by the Sellers, the County will pay the Sellers $71.25 in liquidated damages.
The CCLAAC approved this transaction on February 12, 2018, and voted to recommend Board approval
and execution of the attached Agreement.
Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the property is provided
herewith.
FISCAL IMPACT: The total cost of acquisition will not exceed $14,800 ($14,250 for the property and
approximately $550 for the title commitment, title policy, and recording of documents). The funds will be
withdrawn from the Conservation Collier Trust Fund (172). The source of funds is developer
contributions provided pursuant to the Offsite Preservation Program authorized by the Land Development
Code.
As of March 13, 2018, property costs for Conservation Collier properties, including this property and
those under contract, total $104,384,597. Estimated costs of maintenance in perpetuity have been
considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term
Financial Management Plan.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with
and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority
vote for approval. -JAB
RECOMMENDATION: To:
1) Approve the attached Agreement and accepts the Warranty Deed once it has been received and
approved by the County Attorney’s Office;
2) Authorize the Chairman to execute the Agreement and any and all other County Attorney’s Office
approved documents related to this transaction;
3) Authorize the County Manager or his designee to prepare related vouchers and Warrants for payment;
4) Direct the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate
closing procedures, to record the deed and any and all necessary documents to obtain clear title to this
parcel, and to take all reasonable steps necessary to ensure performance under the Agreement.
Prepared By: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Division of Facilities
Management
ATTACHMENT(S)
1. Scanned Signed Agreement (PDF)
2. Wallace PDR_ WH (DOCX)
16.D.3
Packet Pg. 538
03/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Doc ID: 4713
Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Janet L.
Wallace, Kevin L. Konkler, and Linda K. Frauendorfer formerly known as Linda K. Blake, all as tenants
in common, for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to
exceed $14,800.
Meeting Date: 03/13/2018
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
02/05/2018 9:19 AM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
02/05/2018 9:19 AM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 02/05/2018 11:31 AM
Facilities Management Miguel Carballo Additional Reviewer Completed 02/06/2018 9:02 AM
Parks & Recreation Alexandra Sulecki Additional Reviewer Completed 02/06/2018 3:56 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 02/07/2018 11:45 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 02/08/2018 10:11 AM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 02/08/2018 12:42 PM
Parks & Recreation Jeanine McPherson Additional Reviewer Completed 02/12/2018 11:28 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 02/20/2018 10:01 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/20/2018 12:32 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/27/2018 5:17 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/28/2018 8:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2018 9:45 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/05/2018 3:49 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/06/2018 11:58 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
16.D.3
Packet Pg. 539
CONSERVAT10N COLL ER
TAX IDENTIF,CAT10N NUMBER1 39959720004
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between JANET L. WALLACE,
KEVIN L. KONKLER AND LINDA K. FRAUENDORFER formerly known as LTNDA K.
BLAKE, all as tenants in common, whose address is 6095 Catawba Drive, Grove
City, Ohio 43'123-9513, (hereinafter referred to as "Selle/'), and COLLTER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose address
is 3335 Tamiami Trail East, Suite 101, Naples, FL 34'112, (heteinafiet referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of lhat certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
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, and for and in consideration of the premises and the respeclive
undertakings of the parties hereinafter set forth and the sum of Ten Dollars (g10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I, AGREEMENT
1.01 ln 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, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Fourleen
Thousand Two Hundred and Fifty Dollars and 00/100 dollars ($14,250.00),
(U.S. Currency) payable at time of closing.
Ir. cLostNG
3.01 The Closing (THE 'CLOSING DATE", "DATE OF CLOSING", oR
'CLOSING) of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Manager of the
Real Property Management or designee is authorized to enter into such mutual
1
16.D.3.a
Packet Pg. 540 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER 39959720004
written agreements on behalf of the County for extensions of up to an additional
60 days without further approval by the Board of County Commissioners. The
Closing shall be held at the Collier County Attorney's Office, Administration
Building, 3299 Tamiami Trail East, 8rh Floor, Naples, Florida. 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, encumbrances,
exceptions, or qualiflcations. 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 lavor of Purchaser conveying tifle 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.
3.01 12 Combined Purchaser-Seller closing statement.
3.01 13 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit,', as
required by Section '1445 of the lnternal 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 ldentification and
Certification" as required by the lnternal Revenue Service.
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 negotiable instrument 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 lll hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
16.D.3.a
Packet Pg. 541 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVAIION COLLIER
TAX IOENTIFICATION NUMBER: 39959720004
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
relating to 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 Tifle policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost ofthe title commitment shall also be paid by purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year,s tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. lf Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REOUIREMENTS 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;
4.0'1 1 Within fifteen ( 15) days after the date hereof, pu rchaser shall obtain as
evidence of title an ALTA Commitment for an Owner,s Tifle lnsurance policy
(ALTA Form B-1970) 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. lf the tifle 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 lf Purchaser shall fail lo advise the Seller in writing of any such
obiections 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. ln 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 tifle
commitment.
16.D.3.a
Packet Pg. 542 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVATION COLLIER
TAX IOENTIFICATION NUMBER: 39959720004
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," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. lf 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 pOects 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 sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any suchobjections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) 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 one hundred and twenty (120) days from the date of
this Agreement, ("lnspection 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. The Property can be utilized for its intended use and purpose in the
Conservalion Collier program.
5.02 lf Purchaser is not satisfled, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
lnspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller
16.D.3.a
Packet Pg. 543 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERT 39959720004
in writing of its specific objections as provided herein within the lnspection 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. ln
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports 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, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI, INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII, POSSESSION
7.01 Purchaser shall be entitled to full possession ofthe Property at Closing.
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 2017 taxes, and shall be
paid by Seller.
IX, TERMINATION AND REMEDIES
9.01 lf 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.
9.02 lf the 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 otheMise 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,
①
16.D.3.a
Packet Pg. 544 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMAER: 39959720004
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (.1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller,s sole
and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller,s actual
damages in the event of Purchaser's default are uncertain in amount and difficultto ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 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.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreemenl and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presenfly the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 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.
10.013 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.
10.014 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, municapal 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.
⑪
16.D.3.a
Packet Pg. 545 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVAT10N COtL ER
TAX IDENTIF10AT10N NUI.IBER1 39959720004
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any podion thereof.
'10.016 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
Prope(y 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.
10.0'17 Seller represents that there are no incinerators, seplic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been dascharged from the Property, direcfly or indirecfly
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 currenfly 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 they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents 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 none of the Property has been used as a sanitary
landfill.
10.018 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 conneclion with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
10.019 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.
1O.02O Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
16.D.3.a
Packet Pg. 546 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVAT10N COし LIER
TAX IDENTIFICAT10N NuMBER1 39959720004
improvement agreements, utility moratoriums, use moratoriums, amprovement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to lhe Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10.021 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 inlo 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.
10.022 Al 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.
10.023 To the best of Seller's knowledge, 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 for, 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, but only for pollution
that occurred on Property during Seller's ownership of the Property. This
provision and the rights of Purchaser, hereunder, shall survive Closing and are
not deemed satisfied by conveyance of title.
10.024 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.
16.D.3.a
Packet Pg. 547 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVAT10N COLL ER
TAX IDENTIFICAT10N NUMBER1 39959720004
XI. NOTICES
11.01 Any notice, request, demand, inslruction or olher communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
lf to Purchaser: Alexandra Sulecki, Coordinator
Conservation Collier Program
Collier County Parks and Recreation Division
Public Services Department
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples 34116
With a copy to: Cindy M. Erb, SRAy'UA, Senior Property Acquisition Speciatist
Collier County Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 341 12
Telephone number: 239-252-8917
Fax number: 239-252-887 6
lf to Seller: Janet L. Wallace
6095 Catawba Dr
Grove City, OH 43123-9513
lf to Seller: Kevin L. Konkler
'1862 Stable Trail
Palm Harbor, FL 34685
lf to Seller: Linda K. Frauendorfer
21525 N. Old Farm Road
Barrington, lL 60010
11.02 fhe 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 unlil such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII, REAL ESTATE BROKERS
'12.01 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
16.D.3.a
Packet Pg. 548 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER 39959720004
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
'13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is execuled 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 trustee, and assignees
whenever the context so requires or admits.
13.03 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.
13.04 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.
13.05 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.
13.06 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.
13.07 lf 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.
13.08 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. This Agreement is subject to fund
availability and future appropriation. Should the funds not be available or able to
be used prior to closing the Purchaser or Seller may immediately terminate this
agreement without any payment of any kind to Seller.
10
16.D.3.a
Packet Pg. 549 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERT 39959720004
13.09 lf 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
beneficaal interest in the Property before Property held in such capacity is
conveyed to Collier County. (lf the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
'13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV, ENTIRE AGREEIVIENT
14.01 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.
lN WITNESS WHEREOF, the parties hereto have signed below.
Dated Prolect/Acquislion Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E BROCK,Clerk
, Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISS10NERS
COLLIER COUNTY,FLORIDA
BY:
ANDY SOLiS,Charman
Assistant County Attorney
■■
16.D.3.a
Packet Pg. 550 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVAT10N COLL:ER
TAX:DEN■FiCAT:ON NUM8ER:39959720004
AS TO SELLER:
WITNESSES:
嘔 #1(P"nt N8●腱)12
16.D.3.a
Packet Pg. 551 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVAT:ON COLLIER
TAX!DENTIド :CAT10N Nυ MBER:39959720004
AS TO SELLER:
W!TNESSES:
Witness *1 (Signature)
Wttness,1(p●nt Nan■)KEVIN L KONKL
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'(1_′
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16.D.3.a
Packet Pg. 552 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVAT10N COLLIER
TAX,DENTIFICATION NUMBER:39959720004
AS TO SELLER:
WITNESSES:
R For'LcJ
known as L!NDA K BLAKE
Witness #1 (Signature)
W輛 oss,1(Pttnt N8me)
Wttness#2(Prlnt Name)
ENDORFER formerly
16.D.3.a
Packet Pg. 553 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
CONSERVAT10N COLLIER
TAX:DENTIFiCAT!ON NUMBER:39959720004
EXH:B:T“A"
PROPERttY IDENTIFICAT10N NUMBER: 39959720004
LECAL DESCRIPT10N:
THE VVEST SEVENTY‐FiVE(75)FEET OF THE VVEST ONE HUNDRED
FIFttY(150》FEET OF ttRACT 80,GOLDEN GATE ESTATES,UN!T NO
65,ACCORDING ttO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 5,PAGE 88 0F THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
l14 Acres
■516.D.3.a
Packet Pg. 554 Attachment: Scanned Signed Agreement (4713 : Conservation Collier - Wallace)
1
Conservation Collier Land Acquisition Program
Project Design Report
Date: February 2018
Wallace parcel – Winchester Head
Property Owner: Janet L Wallace, Kevin L Konkler, Linda K Blake
Folio: 39959720004
Location: GOLDEN GATE EST UNIT 65 W 75FT OF TR 80
Size: 1.14 acres
Collier County Appraiser Value: $15,134
History of Project:
*It was determined that properties within North Golden Gate Estates (NGGE) Unit 53/Red
Maple Swamp and Units 62 and 65/Winchester Head, which are both approved multi-
project areas in the LDC, do not need to be brought back to CCLAAC for additional
recommendation. The date noted is when CCLAAC most recently recommended utilizing
donation funds received by Conservation Collier under the offsite preservation section of
the Land Development Code for acquisitions in this project area.
Purpose of Project: Environmental Conservation – Conservation Collier Program
Selected for the “A” category,
#1 priority, on the Active
Acquisition List (AAL) by
CCLAAC
AAL most recently
approved by BCC
Application
Received
CCLAAC review*
12/15/04 1/25/11 8/3/17 12/20/17
16.D.3.b
Packet Pg. 555 Attachment: Wallace PDR_ WH (4713 : Conservation Collier - Wallace)
2
Program Qualifications:
The Wallace parcel is within the Winchester Head multi-parcel project. Winchester Head
is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units
62 and 65. At this time, Conservation Collier owns 82.40 acres out of a total of 159.81
acres, or 51% of the project area. Using aerial photographs, elevation data, soil maps and
public input, a total of 116 parcels (159.81 acres) were identified as being important for
acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels
which are more than half wetland. This parcel is in the northeastern portion of the project
area and is entirely wetlands. The entire site is within North Golden Gate Estates, identified
within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target
Protection Area.
One important reason for the selection of Winchester Head as a conservation target is that
this area functions to provide floodplain storage for surrounding home sites during high
rainy season. These types of depressional storage areas were included in the water
management models for the Golden Gate canal system done by the Big Cypress Basin,
South Florida Water Management District and are a component of flood control for the
area. Winchester Head has also been targeted for future watershed improvement projects
(North Golden Gate Flowway Restoration Project, TDR Program, and Mitigation Program)
in the County’s Watershed Management Plan.
Additional program criteria that would be satisfied by this acquisition include protection
of surface and ground water resources, protection of wetland dependent species habitat,
and good potential for restoration. This parcel contains an intact native vegetation
community: Cypress, with a small (less than half an acre) area of Freshwater marsh. A
paved public road (39th Ave NE) provides access to the parcel and allows the property to
be readily viewed. The cypress strand and seasonally changing marsh on this parcel
enhance the aesthetic setting of Collier County.
Projected Management Activities:
Active management of the entire project area is not feasible until a significant contiguous
area can be acquired. While Winchester Head as a whole is relatively free of exotic plants,
ongoing control is being done annually on selected parcels (primarily donated ones) and
where large infestations of exotic plant species occur. Exotic maintenance for this parcel
should be minimal and will be included in the management budget for the overall
Winchester Head project. Most of the project area for Winchester Head is wetlands, and
trails are not feasible. A raised boardwalk would be the best public access opportunity,
however, this will not be considered until sometime well into the future of the project when
more parcels are acquired. Nature photography and bird watching from roadways are two
activities that can occur at present. Currently, the two roads (37th and 39th Streets NE)
provide paved access to the project area but the only parking is the road right-of-way. At
present, a visitor parking area is not available but could be constructed in the future as an
appropriate adjacent upland parcel for a parking area was received as a donation by
Conservation Collier. An educational kiosk can be placed along one of the roads through
the project containing information on wetlands and on the preservation of the area. Signs
16.D.3.b
Packet Pg. 556 Attachment: Wallace PDR_ WH (4713 : Conservation Collier - Wallace)
3
can be placed at boundaries along 37th and 39th St. NE. Minimal management activities,
like trash removal can be accomplished using both contracted and volunteer labor.
16.D.3.b
Packet Pg. 557 Attachment: Wallace PDR_ WH (4713 : Conservation Collier - Wallace)