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Agenda 07/10/2018 Item #16B107/10/2018 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), approve a Purchase and Sale Agreement with John H. Smith at a cost not to exceed $377,360 to purchase vacant property located at 3321 Bayshore Drive to construct a public parking lot for patrons of local businesses and authorize a Budget Amendment. OBJECTIVE: To increase public parking along Bayshore Drive within the Bayshore Gateway Triangle Community Redevelopment Area (CRA). CONSIDERATIONS: The Bayshore area is seeing considerable growth and redevelopment. In 2016, the Bayshore Gateway Triangle CRA retained Trebilcock Consulting Solutions to assess the areas parking needs. The parking analysis identified a shortage of parking. The CRA proceeded to investigate opportunities to purchase strategically placed vacant lots along Bayshore Drive to fill the current and future parking needs. At the February 6, 2018 meeting, the CRA Local Advisory Board requested staff to investigate the purchase of the lot at 3321 Bayshore Dr. at appraised value. At the June 5, 2018 CRA Advisory Board meeting, the Board confirmed their interest in purchasing the lot for additional parking. Once developed, the vacant lot located at 3321 Bayshore Dr. will provide approximately 35 surface parking spaces. Vehicle access to the developed parking lot would be off Coco Avenue, with pedestrian access from the existing sidewalks along Bayshore Drive. A location map is attached. The Seller’s asking price was $399,000. Staff negotiated a purchase price of $375,000. Staff’s in-house State Certified Senior Review Appraiser valued the property at $418,180. A copy of the appraisal is attached. Growth Management staff confirmed that the parcel may be used for a parking lot. FISCAL IMPACT: The total cost of acquisition should not exceed $377,400 ($375,000 for the vacant lot purchase, $2,400 for title commitment, title policy, recording fees and associated closing costs). Funding to acquire the property is available in Bayshore Gateway Triangle CRA Fund (187) Reserves. A budget amendment moving funds from reserves into a budget commitment item for the land purchase is required. Sufficient Funds are anticipated to be available in the FY19 proposed CRA budget for design, permitting and construction of the parking lot. LEGAL CONSIDERATIONS: This item is approved for form and legality, and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB): 1. Approve the attached Agreement for Sale and Purchase; 2. Authorize the Chairman to execute the Agreement for Sale and Purchase; 3. Authorize staff to prepare related vouchers and warrants for payment; 4. Authorize the necessary Budget Amendment; and 16.B.1 Packet Pg. 894 07/10/2018 5. 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: Toni A. Mott, Manager, Facilities Management Division ATTACHMENT(S) 1. Location Map (PDF) 2. 3321 Bayshore Dr Appraisal_ (PDF) 3. PAS - CAO approved - signed by owner (PDF) 16.B.1 Packet Pg. 895 07/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1 Doc ID: 6055 Item Summary: Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), approve a Purchase and Sale Agreement with John H. Smith at a cost not to exceed $377,360 to purchase vacant property located at 3321 Bayshore Drive to construct a public parking lot for patrons of local businesses and authorize a Budget Amendment. Meeting Date: 07/10/2018 Prepared by: Title: – County Manager's Office Name: Debrah Forester 06/27/2018 3:50 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 06/27/2018 3:50 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 06/27/2018 3:55 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/27/2018 4:22 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/29/2018 9:27 AM County Manager's Office Tim Durham Additional Reviewer Completed 06/29/2018 12:15 PM Budget and Management Office Ed Finn Additional Reviewer Completed 07/02/2018 10:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2018 10:39 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/02/2018 10:59 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2018 1:21 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM 16.B.1 Packet Pg. 896 Location Map 3321 Bayshore Drive 16.B.1.a Packet Pg. 897 Attachment: Location Map (6055 : BGTCRA Lot Purchase) Aft, C-ovt* ..trttu Bayshore Gateway Triangle and Immokalee CRAs 13570 Bayshore Drive I Unit 102 | Naples, FL 341 l2 | Vacant Land Appraisal report 3321 Bayshore Drive Naples, FL34ll2 *d I 16.B.1.b Packet Pg. 898 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) Bayshore Gateway Triangle and Immokalee CRAs | 3570 Bayshore Drive Unit 102 Naples, FL34112 Debrah Forester, AICP Community Redevelopment Agency Director Pursuant to your written authorization, I have completed a vacant land commercial appraisal report for determining the fair market value of the 0.48-acre vacant commercial property located at 3321 Bayshore Dr. Naples, FL 34112 This report has been prepared for our client Bayshore CRA / BCC. The intended use and intended users are discussed within the appraisal report. The scope of work performed is specific to the needs of the intended user and the intended use. No other user is intended, and the scope of this appraisal report may not be appropriate for other uses. The scope of work performed included a complete market analysis of the Subject Property with the sales approach to value included. After the review of the market data of the subject property and based on subsequent research and analysis of pertinent market data, it is my opinion the fair market valuation for the subject property as of March 5, 2018, is: $418,180 31512018 Roosevelt Leonard. RWAC Certified Real Estate Appraiser RD 3287 16.B.1.b Packet Pg. 899 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) Subject Property Parcel No.レ 17808800031 Site Adr. Name / Address JOHN ARROWHEAD l BAYSHORE DR NAPLES,FL 3411 Zip b31ld Section C:tylBEDFOR司 Strap No. Millage Area●□ Sub./Condo Use Code O 1610900B15Al」 匠コ Lega:ISABAL SH 10900‐SABAL 0-VACANT Zoning C-4 BMUD-NC Millaee Rates O *Calculations School Other Total ヽA黎 ^L 園m 〕●ユt 16.B.1.b Packet Pg. 900 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) Appnlrsal Scopr According to the Uniform Standards of Professional Appraisal Practice. it is the appra.iser's responsibility to develop and report a scolrc of r*'ork that results in credible results that are appropriate for the appraisal problem and iotended trser(s). Therefore. the appraiser must identiS and consider: . the client and any other intended users: o the intended use of the appraiser's opinions and couclusions: o the type and definition ofvalue: o the effectir.e date of the appraiser's opinious and conclusious: o subject of the assiguueot and its relevant characteristics o assigorment conditious . the expectatiols of parties u'ho are regularly intended users for similar assignmerrts: and o u.hat an appraiser's peer's actions u.ould be in performing the sarne or a similar assignment. The client and other users, Bayshore CRA and Collier County BCC. The intended use ofthe appraisal report is for intemal decision making. The effective date of the appraisal and appraisal report is 31512018. The assignment conditions are "valuation as is vacant land." The expectations of the of the Bayshore CRA is market value of the subject property. The appraisal report will be based on vacant land sales. The definition of market value is. DERlfIl(ll{ 0t f,l8lGl VIIUE: IE rest pobdle ptice rrhich a prqs! $ould bdng in a cuffiiw and open rnfltct undtr dl codilhns m$isne b a hi sde, fie tupr and sdler, eaci aclhg Fudedy, lmodedgsably ad assuming te pice b nm afreded by undue stinulus. lmdidt h tis demftifi h fie cmsmmalion ol a sale as d a specifisd dab and $e.passing 0l t'[e fun sdor h bug unds codilins wtereby (1) hrpr and uler arc typically mdvded; (2) m pailies aru rtd htumed il wtoll dvised, and ead acling in $al he fi sh consilers ib or hs om hst inbre$ (3) a Ieas(nde line is alord for e4cuB h fie Sefl martet (4) paymeflt is made h brms ol cash ir U. S. ddlan r in Srms ol ftrucid afia{0milb conpmble fierEto; and (5) fie pnce npnse0b te nffml cmsklratifi for tre prqaly sold unaftdsd by special tr crediye fnancing r ulen concesinsr famd by anyrne ass0ciald wih tre ule. A property must be appraised in terms of its highest and best use. The definition ofhighest and best use is as follows: The reasonable, probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The subject property is vacant land, the Highest and best use is vacant. 16.B.1.b Packet Pg. 901 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) Market Conditions Valbridge Property Advisorc is based in Napleg FL and is one of the largest commercial property valuation and advisory seMces firms in the u.s. Commercial Markets: Year-End 2017 RETAIL - S AnlHOT . The Southr6t Florid. Rlt il m.rtet €rp.rbnc€d . sight improverneflt in m..t€t conditions in the fourth qua.ter 2017. The vacarr{y rate wcnt trom ,l.T to 43* in the curent qua,ter. . Reteil n€t.tsorFnion [.3 up. with positire 395103 square ie€t.bsorbed. South Fo]t Myers. North N.ples.rd the Charbtte Count!' had the l.rg€it gains.. So.ne of the notaHe 2017 d€liverie. includ.: 145 07 Ben C Pr.tt Pky. . 50,000-sf prope.ty which is cur.ently 70* ocqrpi€d; th.45,600-tf Publit.t 7101 Radb Ro.d rhkh ie 100% o.cupi.d,.nd N.pl€r Infniti .nd Votyo at 5870-5880 N.pl6 thrd in Collier County. 93.290 55,876 93.%105469 1351 96.1%238754 1.35 95.1%162093 S1219 95.8%108.069 S1626 .7%20,756 S1902 97.8%24418 S416 97.6%35,283 S1337 85.096 43,54 1772 98.096 26.8%18.07 .%3,054 ,10.13 u.1%1■634 10.84 974%276623 24.62 .4%138,089 S1788 95.9%307.N7 S1674 99.5%S2836 16.B.1.b Packet Pg. 902 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) SHORT VACANttLAND APPRA:SAL FORM BAYSHORE CRA Folio No. 717808800031 Property Address 13321 BAYSHORE DR NAPLES,FL 34112 Owncr Name 'OHヽ HSヽ 1:TH Addresscs 23 ARltOヽ IIEA:)I)lt Ci" BEDFORD st.te lxg zip lo3r r0 Legal sABAL SⅡORES BLK B 1 0T81+2 Section I Township Rrnge Acres I M.p No.Strrp No. 11 0 48 1 5All 610900 B lSAll TYPE VACANl J Mittege Are, l'! ttittage 3 Use Code COMMERCIAL SuB」ECT PROPERTY COMPARABLE N0 1 COMPARABLE N0 2 COMPARABLE N0 3 3470 BAYSHORE 5080 TAMIAMITRL E 3612 BAYSHORE DR ProximitY to Subiect TX ID 48,73280007 TX ID 71750002442 TX lD 81730080005 Sales Price $1 300,000 $950,000 $454000 unl Plce 20 16 SF 23 45 SF 17 09 SF Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data Date of Sa e&Time Adlustment DESCRlPT10N +/_$ Adjustment DESCRIPT10N +/_$ Adiustment DESCRIPT10N +′‐$Adiustment 8′00′2016 10 PERC+10′00′2016 10 PERC+4′00′2017 5 PERC+ Location E NAPLES E NAPLES E NAPLES E NAPLES LOT UT LITY COMMERCIAL IMPROVED EXTRACTED SIMILAR SIMILAR ACREAGE 0 48AC′20 909 SF 64.469 SF 40 51l SF 26.571 SF ROAD FRONTACE BAYSHORE DR BAYSHORE DR TAMIAMi TRL 10 PER―BAYSHORE DR ACCESS/VIEW ACCESS/8USINESS ACCESS′EQ ACCESS′EQ ACCESS′EQ ZONlNG C`SIMILAR SIMILAR SiM LAR Sales or Financing Concessions CASH CASH CASH Net Adi(Tota)2 02 PLuS 0 85 PLuS indicated Value of Sublecl $22 18 SF $23 45 SF S17 94 SF Comments on Market Data: Considering the current Real Estate data, the best two indicators of the subject property market range is $17.94sf to $22 18sl Ttre midrange of this data is 920.06sf say $20.00sf. The $20.00sf is reasonable for the base unit price due to comp #1 sold for $20.13sf and comp #3 sotd for $17.09sf. commentsandconditionsqlAooraisal]TheintereStbeingappraisedisfeesimple.andthehigheStandbe@ elements of H & B use are considered, and the sales approach is considered most reliable. The appraiser's decisions and scope of woft are relevant to any characteristics applicable to extraordinary assumptions or hypothetical conditions. The three approaches to value are considered, however, only the sales approach applies to the appraisal scope of the assignment. Final Reconciliation: All three approaches were considered in the valuation of thrs parcel The sales approach method is gi\€n most weigftt. The value of the opinions and conclusions may be affecled due to later known or unknown adverse conditions that exist with the subject property. 襴 :蟷 影 趾 翌 翌 lS S448 4田 仙臨 謝劉8 Land Appraisal RepOrt,Appraisal Form 02 Rev 4/19/06 16.B.1.b Packet Pg. 903 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) 丁HE SUBJECT PROPERIY 3321 Bayshore Dr. つ 「L・1 二1=16.B.1.b Packet Pg. 904 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) Comparable's Pictures Comp #1 3470 Bayshore Dr. Comp#2 5080 TamiamiT∥EComp#3 3612 Bayshore Dr 16.B.1.b Packet Pg. 905 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) 賢 斗 1,r 「~醐 肝 り :口 :ギ AREMAGNE 郵 リ 瀞 |l lCYNTHIA ∥ 匡 Qヽ り′ ∈/√ 09 ―/of Elcctions 1肌 鷺増臨ce //1MA |‐ ‐´ ヽ‐‐――ヽ___」||16.B.1.b Packet Pg. 906 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) Collier Coun$'FEMA DFIRM Yies,er | ― |||)■ | |■ ‐ |‐■|111i:■■||■|| ||||||||||||||| |■ ■ ‐| ‐|■|||■■■|■■|■ ・|||‐||||||||■■|■‐・‐ヽlⅢIじ ■|ヽ1 ‐‐■||||||||||‐ltき |ヽ ゛,ヽ、゛ =卜 |||||||||■|■■|■ | | 16.B.1.b Packet Pg. 907 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) 羹影PLES A獄 匿農REAL ttSTATtt A8TiVITW 」anuary 2018 compared vvith January 2017 |191 16.B.1.b Packet Pg. 908 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) Statement of Limiting Gonditions and ApPraisef s Certifi cation DEFINTIION OF MARKET VALLJE: The most probable price which a property should bring in a competitive md open maket rurder all conditions requisite to a fair sale, the buyer and seller, each acting prudentty, knowledgeably and assruning the price is not affected by mdue stimulus. Implicit in this definition is the consummation of a sale as of a specified date md the passingoftitlefromsellertobuyerunderconditionswhereby: (1)buyerandselleraretypicallymotivated;(2)bothpartiesare well informed or well advised, and each acting in what he considers his 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 tems of finmcial anmgements comparable thereto; and (5) the price represents the nomal consideration for the property sold rmaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comprables mtrst be made for special or creative finmcing or sales concessions. No adjustrnents are necessary for those costs which ae nomally paid by sellers as a result oftradition or law in a market area; these costs are readily identifiable since the seller pays these costs in vimrally 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 trmsaction. Any adjustnent should not be calculated on a mechanical dollr for dollar cost of the financing or concession but the dollar amount ofany adjustnent. should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters ofa legal natue that affect either the property being appraised or the title to it. The appraiser assumes that the title is good md marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis ofit being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions ofthe improvements and the sketdr is included only to assist the reader ofthe report in visualizing the property and understanding the appraisels detemination 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) mcl has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surueyor, he or she makes no guilantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal ofthe property in question, unless specific arangements to do so have been made beforehand. 5. The appraiser has estimated the value ofthe land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and ue invalid ifthey are so used. 6. The appraiser has noted in fhe appraisal reporl any adverse conditions (such as, needed repairs, depreciation, ttre presence of hazildous wastes, toxic substances, etc.) observed during the inspection ofthe subject property or that he or she became aware of dwing the nomal research involved in perfoming the appraisal. Unless othemise stated in the appraisal report, the appraiser has no knowledge ofany hiclden or unapparent conditions ofthe property or adverse environmental conditions (including the presence ofhazardous wastes, toxic substances, etc.) that would make the proPerty more or less valuable, md has assumed that there are no such conditions and makes no guarmtees or wmanties. express or implied, regarding the condition ofthe property. 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 appraisei is not m expert in the field ofenvironmental hazards, the appraisal report must not be considered as an environmental assessment ofthe property. 7. The appraiser obtained the infomation, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and corect. The appraiser does not assume responsibility for the accuracy ofsuch items that were fumished by other parties 8. The appraiser will not disclose the contents ofthe appraisal report except as provided for in the Unifom Standards of Professional Appraisal Practice. 9. 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 completion of the improvements will be perfomed in a worknanlike mamer. 10. rn" appraiser must provide his or her prior written consent before the lender/client, specified in the appraisal report can distribute the appmisal report (including conclusions about the property value, the appraiser's identity and professional designarions, and references to any professional appraisal orgmiztions or the fim with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns, the mortgage insuer: consultants; professional appraisal organizations: any state or federally approved finmcial institution: or any department, agency, or instrumentality ofthe United States or any state or the District ofColumbia; except that the lender,/client may distribute the property description section ofthe report only to data collection or reporting service(s) without, having to obtain the appraiseCs prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public tltrough advertising, public relations, news, sales, or other media. 16.B.1.b Packet Pg. 909 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) APPRAISER'S CERTIFICATION: The Appraiser certifies md agrees that: 1. I have researched the subject milket trea and halve selected a minimun ofthree recent sales ofproperties most Similar and Proximate to the subject property for consideration in the sales comparison malysis and have made a dollar adjustrnent when appropriate to reflect the market reaction to those items ofsignificmt vriation. ifa significant item in a comparable property is superior to. or more favorable than, the subject property. I have made a negative adjustment to reduce the adjusted sales price of the comparable and, ifa significant item in a comparable property is inferior to. or Iess favorable thm the subject property, I have made a positive adjustment to increase the adjusted sales price ofthe comparable. 2. I have taken into consideration the factors that have an impact on value in my development ofthe estimate ofmarket value in the appraisal report. I have not knowingly withleld my significant infomation from the appraisal report and I believe, to the best ofmy knowledge, that all statements and infomation in the appraisal report are true and corect. 3..I.statedintheappraisalreportonlymyownpersonal,unbiased,andprofessionalanalysis,opinions,andconclusions, which; are subject only to the contingent md limiting conditions specified in this fom. 4. I have no present orprospective interest in the property that is lhe subject to this report, and I haye no present or prospective personal interest or bias with respect to the participmts in the transaction. I did not base, either partiatly or comPletely, my analysis md/or the estimate ofmarket value in the appraisal report on the race, color, religion, sex, hm{icap, familial status, or national origin of either the prospective owners or occupmts of the subject property or ofthe present owners or occupmts ofthe properties in the vicinity ofthe subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or futue employment nor my compensation for perfoming this appraisal is contingent on the appraised value ofthe property. 6. I was not required to report a predetemined value or direction in value that favors the cause ofthe client or any related party, the amount ofdle value estimate, the aflainment ofa specific result, or tle occunence ofa subsequent event in order to receive my compensation and for employment for perfoming the appraisal. I did not base the appraisal report on a requested minimrm valuation, a specific valuation, or the need to approve a specific mortgage lom. 7. I performed this appraisal in confomity with the Unifom Slandards ofProfessional Appraisal Practice that were adopted md promulgated by dre Appraisal Standads Board ofthe Appraisal Foundation and that were in place as ofthe effective date of this appraisal, with the exception ofthe departure proyision ofthose Standards, which does not apply. I acknowledge that an estimate ofa reasonable time for exposure in the open muket is a condition in the definition ofmarket value and the estimate I developed is consistent with the marketingtime noted in the neighborhood section ofthis report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas ofthe subject property md the exterior ofall properties listed as comparables in the appraisal report. I ftlrther certiry that I have noted my appaent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity ofthe subject property ofwhich I m aware and have made adjustments for these adverse conditions in my analysis ofthe property value to the extent that I had milket evidence to stlpport them. I have also comented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significmt professional assistance from my individual or individuats in the perfommce ofthe appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks perfomed by them in the reconcitiation section of this appraisal report. I certiry that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPf,RIIISORY APPRAISER'S CERTIFICATION: Ifa superuisory appraiser signed the appraisal report, he or she certifies and a$ees that: I directly superuise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions ofthe appraiser, agree to be bound by the appraiser's certifietions nunbered 4 through 7 above. and am taking full responsibility for the appraisal and the appraisat report. ADDREsSoFPRopERTyAppRAISno: J32 / &fdcR<,>i= . r,,zr#Z,A -r r.=-Z- SUPERVISORY APPRAISER (only if required): Signature: Name Date Signed ilblzA'Date Signed State Certification #:Statc Cc■iicaion#: or State License #:,/ 2.O agZ Fz.Statc Expiration Date ofCertification or License:_ E oia E Did Not Inspect property Expiration Date ofCertification or License: 16.B.1.b Packet Pg. 910 Attachment: 3321 Bayshore Dr Appraisal_ (6055 : BGTCRA Lot Purchase) Prolect:CRA Parking Lot Fo!io: 71780880003 STANDARD FORMAGREEMENT FOR SALE AND PURCHASE 硼謄 需「7:朧 翼 d:∫ 露だ出翻 itty轟 孵w謡 18亀 淵麗1潔 譜 ぼ現 ("Sei!eri),and coi:lor County Commun“γ Rodeve:opmont Agency,whOse mai∥ng address is 3570 Bayshore D"鴨 ,Unl 102,Nap:es,FL 34112 hereinanerrefered tO asぐ :PurChaser`) WiTNESSETH WHEREAS,Se:leris the owner ofthat certain paroe!of rea!prope",10Cated in Co∥ier County,Stateof Flo"da,and being more panicula∥y desc"bed in Exhibl“A"(hereinafter referred to as the “PЮ penゾ ),atached hereto and made a patt hereof by reference WHEREAS,Purchaser is desirous of purchasing the Prope",sublect to the condlions and other agreements hereinafter set forth, and Se∥er is agreeab!e to such sa:e and to such OOnd忙 iOns andagreements 憬》酵i轟 鮒掛革揮:議 ‰翻稀蛛 蹴 :鼎 器WS: : AGREEMENT l.01 1n consderation of the purchase plce and upon the terrns and oondniOns hereinafter set forth, Sener sha∥ se:!to Purchaser and Purchaser shali purchase from Se:ler the Prope町,described in Exhibit'A" ∥ PAYMENT OF PURCHASE PRICE 2 01 The purchase price (the “Purchase P∥ce")for the Propeny sha∥ be Three Hundred Seventy‐F～e Thousand Dollars(S375,000 xU.S Currency)payable at time of closing Ⅲ CLOS:NG 3 01 The Closing(THE"CLOS:NG DATE","DATE OF CLOS:NG",OR"CLOS:NG")of the transaction sha∥be held on or before sixり (60)dayS fOmowing execu“on ofthis Agreement by the Purchaser,un:ess extended by mutua!wrltten 39reement ofthe parties hereto The Closing sha∥be held atthe Co∥br County Attomeyis Orlce,Administration Bunding,3299 Tamiami Tra∥ East,Sute 800,Naples,FloFida The procedure to be fo::owed by the partbs in connection with the C:osing sha∥be as follows: 3 01l Se∥er sha∥convey a rnarketab!et忙 :e free of any liens,encumbrances,exceptions,or qualncatiOns Marketable t忙 le sha:l be deterrnined according tO appiicable titie standards adopted by the Flo百 da Bar and in accordance輛 th law At the Closing,the Se:ler sha∥116.B.1.c Packet Pg. 911 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) cause to be delivered to the Purchaser the items specitied herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3-0111 Wananty Deed in favor of Purchaeer conveying tifle to the propery, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessmenE. (b) Such other easements, restrictions or conditions of record. 3.01 12 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Orne/s and Non-Foreign Affidavit,,,as required by Seclion 1445 of the lntemal Revenue Code and as required by the tille insurance underwriter in order to insure the "gap" and issue the policy contemplated by the tifle insurence commitment. 3.0114 A W-9 Form, "Request for Taxpayer ldentification and Cerlification', as required by the lntemal 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 in an amount equal to the purchase price, subject to adju3tment for prorations as set forth herein and as stated on the closing statement. No funds shall be disbursed to Seller until the Title Company verifies thafthe state ofthe title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Sec,tion 4.011 thereto, and the Tifle Company is inevocably committed to pay the Purchase Price to Seller and to issue the O,vne/s title poliry to Purchaser in accordance with the commitment immediately after lhe recording of the deed. 3.02 Each perty shall be responsible for payment of its oyn attomey's fees. Seller, at its sole cost and expense, shall pay at closing all documentary stamp taxes due relating to the recording of the Wanan$ 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 cosi of the Owne/s Form B Title Policy, issued pursuant to the Commitrnent provided for in Section 4.011 below, shall be paid by Purchaser. The costof the title commitment shall alsobepaid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Wananty Deed. Real Property taxes shall be prorated based on the cunent yea/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 cunent yea/s millage is not fixed, taxes will be prorated based upon such prior yea/s millage. 16.B.1.c Packet Pg. 912 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specilied within this Artide, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be condtions precedent to the Closing; 4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as evidence oftitle an ALTA commitment for an orne/s Tifle lnsurance policy (ALTA Form 8-1970) covering the Property, together with hard copi€s of all exceptions shown thereon. Purchaser shall have ten (10) days, follo,ving receipt of the title insurance commitment, to notiry Seller ,in writing of any obieclion to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. lf the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its inlention to waive the applicable contingencies or to terminate this Agreement. 4.012 ll 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 fifieen (15) 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 Sel6r within seven (7) days after expiration of said fifteen (15) day period, may accept title as it then is, waiving any objection: or Purchaser may terminate the Agre€ment. 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 shorn in the tifle commitment. 4.013 Purchaser shall have the option, at its o,vn expense, to oblain a cunent survey of the Itop"tty 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 any, seller agrees to fumish any existing surueys of the property, if any, to Purchaser within fifleen (15) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 This provision was deleted as an in-house appraisal was obtained per the guidelines set forth in Section Two(4) of Ordinane 2007-28. VI. INSPECTION PERIOD 6.01 Purchaser shall have forty-five (45) 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 Prope(. 16.B.1.c Packet Pg. 913 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) 3. The Property i3 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 purpose. 6.02 lf Purchas€r is not s€tisfied, for any reason whatsoever, with the results of any invest(;ation, Purchaser shall deliver to Seller prior to the expiration of the lnspec{ion period, written notice of its intention to waive the applicable contingencies or to teminate this Agreement. lf Purchaser fails to noti! the Seller in writing of ite specific objections as provided herein within the lnspection Period, it shall be deemed thet the Purchaser-is satisfiett with the resulB of its investigations and the contingencies of this Article Vl shall be deem€d 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 reporls and environmental and soil testing results commissioned by Purchaser with r$pect to the property. 6.03 Purchaser and its agents, employees and seruants 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 investEation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occaiioned therebylnd against any claim made against Seller as a resuh of Purchase/s eniry. Seller shall be notified by Purchaser no less than trrventy-four (24) hours prior to said inspec{ion of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount ot 2014 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 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 ol writien 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. 10.02 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, Seller shall have the right to terminate and cancel this Agreement by 4 16.B.1.c Packet Pg. 914 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) giving written notice thereof to Purchaser, and neither party shall have any further liability or obligation to the other except as set for in paragraph 13.01 (Real Estate Brokers) hereof. 10.03 Should any litigation or other action be commenced betvveen the parties concerning the Property or this Agreement, th€ party prevailing in such litigation or other action shail be entitled, in addition to such relief as may be granted, to a reasonable sum for its attomey's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action biought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfaclory and sufficient remedies to each of the parties, and take into account the peculiar risks and exp€nses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARMNTIES 1 1.01 Seller and Purchaser represent and warrant the following: 11.011 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. 11.012 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 connec'tion 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 contemplaied hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, lf necessary. 11.013 The waranties set forth in this Article 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 performanoe and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knorvledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration belore or by any federal, state, municipal or other govemmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affec.t Selle/s ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 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 respecl to the Property or any part thereof, without lirst obtaining the written consent of Purchaser to such 16.B.1.c Packet Pg. 915 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) conveyan@, encumbranoe, or agreement which consent may be withheld by purchaser for any reason whatsoever. 1 1 .017 To the best of Selle/s knowledge, there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sanver system; Seller has no knovvledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Setler has no knowledge the property has not been used for the production, handling, storage, transportation, manufaclure 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 resuhs, and no such hazardous or toxic substances are currently used in connection with the operalion of the Property, and there is no proceeding or inquiry by any authority with respecl thereto. Seller has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller has no knodedge of storage lanks for gasoline or any other substances anB or rvere loceted on the Propefi at any time during or prior to Selle/s ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations conceming the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any govemmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling atention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply wilh any larvs, ordinances, codes or regulation with which Seller has not complied. 1 1 .019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affecl the use of the Property, and there are no meintenance, construc.tion, advertising, management, leasing, employment, service or other contracis affecting the Property. 11.020 Seller has no knowledge lhat there are any suits, actions or arbilration, bond issuances or proposals therefor, proposals for public improvement assessmentg, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, uge moratoriums, improvement moratoriums, administrative or other proceedings or govemmental investigations or requirements, formal or informal, existing or pending or threatened which affec{s the Property or which adversely affects Selle/s ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been discloeed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller ad(nowledges and agrees that Purchaser is entering into this Agreement based upon Selle/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 effec{ive 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 ac1 which would change the zoning or physical condition of the Property or the govemmental ordinances or laws goveming 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 proposd or promulgated by any third parties or any 5 16.B.1.c Packet Pg. 916 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) govemmental authorities having jurisdiction of the development of the property which may restric.t or change any other condition of the Property. 1'1.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statemenf') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 seller represents, wanants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attomey's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection wittt 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 Comprchensive Environmental Response, compensation, and Liability Act of 1980, 42 u.s.c. sec{ion 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Aci of 1986 (''SARA'), inclucling any imendments or succe3sor in function to these acts. This provision and the rights of Purchaser, hereunder, shall suMve Closing and are not deemed satisfied by conveyance of tifle. 11 .024 Any loss and/or damage to the Property betrveen the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. xil. NoTtcEs 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: lf to Purchaser: Real Property Management Administration Building 3335 Tamiami Trail East - Suite 101 Naples, Florida 34112 With a copy to: Office of the County Attomey Administration Building 3299 Tamiami Trail East - Suite 800 Naples, Florida 34112 ifto Se∥er:John H Smlh 23 Arrowhead D"ve Bedford,NH 03110 With a copy to: 12.02 fhe addressees and addresses 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 purpGe 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. 16.B.1.c Packet Pg. 917 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaeer and hold Purchaser harmless from and againit 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 6tete broker, salesman or representative, in connection with thisAgr€€m€nt. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 ThE Agreemenl and the terms and provisions hereof shall be effec{ive as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon theparties hereto and their respeclive heirs, executors, personal representatives, suooessors, suc@ssor trustee, and assignees whenever the context so requires or admits. 14.03 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. 14.O4 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend ff limit the scope or intent of this Agreement or any provisions hereof. 14.05 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. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing spned by the party against whom it is assorted, and any waiver of any provision of thii Agreement shall be applicable only to the specilic irctance to which it is related and shall not be deemed to be a continuing or future waiver es to such provision or a waiver as to any other provision. :4.07 ll any date specified in this Agre€ment falls on a Saturday, Sunday or legal hotiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and underctands that the "offe/' to purchase represented by this Agreement is subject to ecceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 lf the Seller holds the Propefi in the form of a parlnership, limiled partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a mitten public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every p€rson having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (lf the corporation is registercd with the I 16.B.1.c Packet Pg. 918 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) Federal Securities Exchange Commission or registered puBuant to Chapter 5'17, Fbrida Stetut3s, wilos. stock is for salc to the gBnoral public, it b hcreby excmpt frbm the prorision3 of Chapter 286, Florida Statutos.) 14.10 This Agreement is govemed and construed in accordance wilh the larys of the State of Flodda. XV. ENTIREAGREEMENT 15.0'l This Agrcement and the exhibits attached hercto contain the entlre Egrrement belweenthe parties, and no promise, representatbn, wanang or covonant not included in this Agr€€ment or any such referenced agreements has been or is belng rglied upon by eitherparty. No modification or amendment of this Agreement shall be of any force oi effeci unless mad€ in writing and executcd and dated by both Purcfiaser and Seller. fime is of the eltsence of this Agrcement. lN WTNESS WHEREOF, the parties hereto have signed below. Dat€d ProjecvAcqui8ilion Approved by BCC: AS TO PURCHASER: DATED: A::LST: LA:RD A.L:LE,CLERK AD INTER:M ,Deptty Clerk Approved●sto bon andl●g●:": 」ennttr A.B喘 ド劇b,A8Si5tant County Atlomey AS TO SELLER: DATED: 06/22/2018 Collier County Community Redevelopment Agency BY: M鼎 リロ躙Lregird 16.B.1.c Packet Pg. 919 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase) EXHIBIT“A" Lots l and 2, 81ock B, Saba:Shores,according to the plat recorded in Plat Book 3, Page 37.Public Records of CO!lier County,Florlda (ParCellD 71780880003) 10 16.B.1.c Packet Pg. 920 Attachment: PAS - CAO approved - signed by owner (6055 : BGTCRA Lot Purchase)