Agenda 01/12/2010 Item #16B 6
Agenda Item No. 1686
January 12, 2010
Page 1 of 17
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EXECUTIVE SUMMARY
Recommendation to approve the purchase of i,14 acres of unimproved property which is
required for the construction of a stormwater retention and treatment pond for Phase II of the
Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact:
$21,740.00).
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase unimproved
property which is required for the construction of a stonnwater retention and treatment pond associated
with Phase II of the Vanderbilt Beach Road Extension project. (Project 60168)
CONSIDERATIONS: The subject property described as the West 75 feet of the East 180 feet of
Tract 18, Unit 73, Golden Gate Estates (POND 11 C2) contains a total of 1.14 unimproved acres and is
located on lOth Avenue NE, It is required for the construction of a stonnwater retention and treatment
pond associated with Phase II of the Vanderbilt Beach Road Extension project. Using the most recent
sales data from the real estate market, the Division of Transportation's Review Appraiser, Harry
lknderson, SRA, prcparcd un appraisal ofthc propel1y estimating its currcnt market value at $12,540
($11,000 per acre.)
On October 20, 2009, the Collier County Transportation Division invited the owners, Osvaldo and
Madeline Garcia to discuss the sale of the subject property to the County, On November 2,2009, Mr.
Garcia replied that they would sell the subject property to the County for $21,090, the assessed value.
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Staff recommends that the Board of County Commissioners purchase the subject property from the
Garcias for $21,090 as there are no attorney or expert witness fees. A purchase now at $21,090 would
avoid the usual costs to the County associated with taking property later through condemnation (filing
fees, service of process on all interested parties, an appraisal update, mediation expenses, and the time
of the staff of the County Attorney's Office).
FISCAL IMPACT: The fiscal impact is the purchase price of $2] ,090 plus recording fees, title and
insurance fees of $650. The funds will be paid from gas taxes and/or impact fees.
LEGAL CONSIDERATION: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient - JBW.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan,
RECOMMENDA TION: That the Board of County Commissioners of Collier County:
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1. Approve the attached Purchase Agreement and authorize its Chainnan to execute same on behalf of
the Board;
2. Accept the conveyance ofPONDlIC2 and authorize the County Manager, or his designee, to: (a)
take the necessary measures to ensure the County's perfonnance in accordance with the tenns and
conditions of the Agreement, and (b) record same in the public records of Collier County, Florida;
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Agenda Item No, 1686
January 12, 2010
Page 2 of 17
3. Authori-ze the payment of all costs and expf>ns~s necessory to close the transaction; and
4, Approve any and all budget amendments, which may be required to carry out the collective will of
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Prf>nar"d lJv: Man!ar~t Krf>v1]1Js, Senior Pronertv Acouisition SnedBJist, TEr:M
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Attachments: (1) Purchase Agreement; (2) Ae:-:al View of the Property; (3) Appraisal Report
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Agenda Item No, 1686
January 12, 2010
Page 3 of 17
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CGIoLIER COUNTY
BOARD flF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B6
Meeting Date:
To obtain the Board of County Commissioner.:. approval to purchase unimproved property which is
required for the construction of a stormwater retention and treatment pond associated with Phase
II of the Vanderbilt Beach Road Extension project (Project 60168) (Fiscal Impact $21,740)
1/12/20109:00:00 AM
Prepared By
Margaret Kreynus Property Acquisition Specialist, Senior Date
Transportation Division Transportation Engineering &
Construction Management 12/18/20094:57:06 PM
Approved By
Therese Stanley Manager - Operations Support. Trans Date
Transportation Division Transportation Administration 12/21120099:14 AM
Approved By
Gary Putaansuu Project Manager, Principal Date
Transportation Division Transportation Engineering &
Construction Management 12/21/20099:53 AM
Approved By
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Norm E. Feder, AICP Administrator. Transportation Date
Transportation Division Transportation Administration 12/22/2009 2:02 PM
Approved By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney 12/23/200911:08 AM
Approved By
Kevin Hendricks Manager. Right of Way Date
Transportation Division Transportation Engineering &
Construction Management 12/23/200912:58 PM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Division Transportation Administration 12/2312009 1 :08 PM
Approved By
Jeff Klatzkow County Attorney Date
12/23/20091 :22 PM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management &
,,- Office of Management & Budget 1/4120109:53 AM
Budget
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Agenda Item No, 16B6
January 12, 2010
Page 4 of 17
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PROJECT NO, 60168
PARCEL NO,: POND11C2
FOLIO NO.: 40471200004
PURCHASE AGREEMENT
(for Stormwater Retention Pond Sites)
THIS PURCHASE AGREEMENT is made and entered into on this day
of , 2009, by and between OSVALDO GARCIA and MADELINE
GARCIA, husband and wife, whose mailing address is P.O, Box 441201, Miami, FL
33144,1201, (hereinafter coliectively referred to as "Selier"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 Tamiaml
Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"),
WHEREAS, Seller owns that certain property more particularly described as the
West 75 feet of the East 180 feet of Tract 18 Golden Gate Estates Unit No, 73,
according to the plat thereof, as recorded In Plat Book 5, Page 9, of the Public Records
of Collier County, Florida, (hereinafter referred to as "Property"); and
WHEREAS, Purchaser requires the Property in fee simple for stormwater
retention purposes as part of the Vanderbilt Beach Road Project: and
WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the
Property subject to the terms and conditions that follow,
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, It is agreed by and between the parties as
follows:
1, AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shali sell to Purchaser and Purchaser shali purchase from Seller the
Property,
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shali be $21,090.00 (U,S.
Currency) payable at time of closing, The Purchase Price, subject to the apportionment
and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be fuli
compensation for the Property conveyed, Including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in fuli and final settlement of
any and ali claims against the Purchaser, including all attorneys' fees, expert witness
fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase
Price is attributed to any personal property.
3, CLOSING
A. TIME IS OF THE ESSENCE. Therefore, the Closing (THE "CLOSING
DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on
or before- one hundred twenty (120) dClYS foilowing execution of this Agreement by
the Purchaser. The Closing shall be held at the Collier County Attorney's Office,
Administration Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall
be entitled to possession as of Closing, unless otherwise provided herein.
B. Selier shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications, Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law,
At or prior to Closing, Selier shall provide Purchaser with a copy of any existing
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Agenda Item No. 1686
January 12, 2010
Page 5 of 17
prior title insurance policies, At or before the Ciosing, 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:
1, General Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments,
(b) Such other easements, restrictions or conditions of record.
2, Combined Purchaser,Seller closing statement.
3, A "Grantor's Non,Foreign, Taxpayer Identification & "Gap" Affidavit" as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title insurance commitment.
4, A W,g Form, "Request for Taxpayer Identification and Certification" as
required by the Intemal Revenue Service,
5, Such evidence of authority and capacity of Seller and its representatives
to execute and deliver this Agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser's
counsel andlor title company,
C, At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
1, A negotiable instrument in an amount equal to Net Cash to Seller on the
Closing Statement. 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 6 "Requirements and Conditions for
Closing" below, 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,
2, Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro,rations as hereinafter set forth,
D, Purchaser shali pay ali fees to record any curative instruments required to
clear title, all Warranty Deed recording fees, and any and all costs andlor fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
however, that any apportionment and distribution of the full compensation amount
in Section 2 which may be required by any mortgagee, lien,holder or other
encumbrance-holder for the protection of its security interest, or as consideration
due to any diminution in the value of its property right, shall be the responsibility of
the Seller, and shall be deducted on the Closing Statement from the compensation
payable to the Seller per Section 2.
1= Seller, at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due upon the recording of the General Warranty Deed, in accordance
with Chapter 201, Florida Statutes, unless the Property is acquired under threat of
condemnation. The cost of a Title Commitment shall be paid by Purchaser along
with the cost of an Owner's Form B Title Policy, issued pursuant to the
Commitment provided for in Section 6, "Requirements and Conditions" (below).
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Agenda Item No, 1686
January 12, 2010
Page 6 of 17
F, Real Property taxes shall be prorated based on the current year's tax and
paid by Seller, If Closing occurs at a date upon which the current year's millage Is
not fixed, taxes will be prorated based upon the prior year's millage,
4. INSPECTIONS
A. ~ection Period, Purchaser shall have 60 days from the Effective Date
(Inspection Period) to determine through appropriate Investigation and inspection
that the Property is in compliance with all applicable State and Federal
environmental laws and free of any Hazardous Materials. Upon reasonable
notice, Seller will provide Purchaser, and its agents, with access to the Property for
purposes of surveying, soil borings, site inspection and analysis.
B, Election and Response, If Purchaser is not satisfied, for any reason, with the
results of this investigation, Purchaser may elect to terminate this Agreement,
without penalty, by giving written notice of Its intent to terminate prior to expiration
of the Inspection Period, Purchaser may elect to suspend its Notice of
Termination if Seller notifies Purchaser in writing within ten (10) days thereafter
that Seller agrees to promptly carry out, at its sole expense, all further
investigations and remediation of the Property as necessary to make the Property
acceptable to Purchaser (hereinafter "Remedial Action") within a time period
acceptable to Purchaser. As a condition precedent for suspension of the Notice
of Termination, the parties shall agree to the specific term of such suspension and
what will render the Property acceptable to Purchaser.
C. "Hazardous Matenals" means any substance: (1) the presence of which
requires investigation, remediation, or is, or becomes regulated under any federal.
state, or local law, regulation, order or policy; or (2) which is or becomes defined
as a hazardous substance, pollutant or contaminant under federal, state or local
law or regulation; or (3) which is tOXIC, explosive, corrosive, flammable, infectious,
radioactive, carcinogenic, mutagenic or otherwise hazardous, or threatens the
health or safety of persons on or about the Property, and is being regulated by any
governmental authority In the state of Florida.
D, If Purchaser does not have the Property Inspected, or fails to do so within the
Inspection Period, or fails to notify Seller of its intent to terminate, Purchaser shall
be deemed to have accepted the Property in the condition it existed on the
Effective Date.
5, RISK OF LOSS
Seller shall maintain the Property in the condition eXisting on the Effective Date until
Closing or date of Purchaser's possession, whichever is later, except for any Remedial
Action agreed to by Seller under Seclion 4B above, Any future loss and/or damage to
the Property between the Effective Date and the Closing or date of Purchaser's
possession, whichever is earlier, shall be at Seller's sole risk and expense.
6, REQUIREMENTS AND CONDITIONS FOR CLOSING
Upon execution of this Agreement by both parties or at such other time as specified
within this Section, 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:
A.. Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA Form 8,1970) 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 Seiler in writing of any objection to title
other than liens evidencing monetary obligations, if any, which obligations shall be
paid at closing. If the title commitment contains exceptions that make the title
unmarketable, Purchaser shall deliver to the Seller written notice of its intention to
waive the applicable contingencies or to terminate this Agreement.
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Agenda Item No, 1686
January 12, 2010
Page 7 of 17
B, If Purchaser shall fall to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable, Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and
marketable title, except for liens or monetary obligations which will be satisfied at
Closing, Seller, at its sole expense, shall use its best efforts to make such title
good and marketable, In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of .aid thirty (30) day period, may accept title as it then is,
waiving any objection, or may terminate the Agreement.
C, 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 tts 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 Exhibtt "A" I this Agreement, unless the
difference in acreage revealed by survey exceeds 5% of the overall acreage, If
the survey provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack of
legai access to a public roadway, the Purchaser shall notify the Seller in wrrting,
within sixty (60) days from the Effective Date of this Agreement, 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. Should Seller elect not to or be unable to remove
the encroachment, projection, or provide legal access to the property within sixty
(60) days, Purchaser 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, by providing written notice to Seller within seven (7)
days after expiration of said sixty (60) day period, 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,
TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and promises
contained herein, which are to be performed by Seller, within fifteen (15) 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
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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.
B. If 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 otherwise falls to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon $500,00 of the Purchase Price shall be
paid to Seller as !!quidated damages which shall be Seller's sole and exclusive
remedy, and neither party shall have any further iiability or obligation to the other
except as set forth in Section 10, 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 difficult to 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,
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Agenda Item No. 1686
January 12, 2010
Page 8 Of 17
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C, The paies acknowledge that the remedies described herein and in the other i
provisions othis Agreement provide mutually satisfactory and sufficient remedies
to each of te parties, and take into account the peculiar risks and expenses of
each of the prties,
8, SELLER'S AiD PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for 'urchaser to rely on the representations contained in this Section in
entering into this !>jreement and warrants the following:
A. Seller h,s full right and authority to enter into and to execute this Agreement
and to underllke all actions and to perform all tasks required of each hereunder.
Seller is net presently the subject of a pending, threatened or contemplated
bankruptcy proceeding,
B, Seller ~as full right, power, and authority to own and operate the Property,
and to execlte, deliver, and perform its obligations under this Agreement and the
instruments -executed in connection herewith, and to consummate the transaction
contemplatec 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 requested,
C. The warranties set forth in thiS Article are true on the Effective Date of this
Agreement end 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
0, Seller and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to them
or they are requested to do so, whichever is the earlier.
E, Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
F. No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof,
G, Until the date fixed for Closing or as long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any
rights with respect to the Property or any part thereof, without first obtaining the
written consent of Purchaser to such conveyance, encumbrance, or agreement
which consent may be withheld by Purchaser for any reason whatsoever.
H, Seller represents that they have (it has) no knowledge that any pollutants are
or have been discharged from the Property, directly or indirectly into any body of
water. Seller represents the Property has not been used for the production,
handling, storage, transportation, manufac':ure or dispcsa! of Hazardous Materials
as defined herein, or any other activity that would have toxic results, and no such
Hazardous Materials are currently used in connection with the operation of the
Property, and there IS no proceeding or inquiry by any authority with respect
thereto, Seller represents that 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 Hazardous Materials are or were located on the Property at any time
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Agenda Item No. 16B6
January 12, 2010
Page 9 of 17
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during or prior to Seiler'S ownership thereof. Ssller represents none of the
Property has been used as a sanitary landfill,
I, Seller has no knowledge that the Property, andlor that Seller's operations
concerning the Property, are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or
regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not complied,
J, There are no unrecorded restrictions, easements or rights of way (other than
existing zoning reguiations) 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,
K. Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefore, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which 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 the Property which has not
been disclosed to Purchaser in writing prior to the Effective Date of this
Ag reement.
L. Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated herein and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the date of Closing, Therefore, Seller agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would change the zoning or physical
condition of the Property or the governmental ordinances or laws governing same,
Seller also agrees to notify Purchaser promptly of any change in the facts
contained in the foregoing representations and of any notice or proposed change
in the zoning, or any other action or notice, that may be proposed or promulgated
by any third parties or any governmental authorities having jurisdiction of the
development of the property which may restrict or change any other condition of
the Property.
M, Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be in
accordance with, but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U,S.C. Section 9601, et seq"
("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund
Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or successor in function to these acts, This provision and the rights
of Purchaser, hereunder, shall survive Closing and are cot deemed satisfied by
conveyance of title.
9, NOTICES
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Any notice, request, demand, instruction or other communication to be given to either
party hereunder shall be in writing sent by facsimile with automated confirmation of
receipt, or registered or certified mail, return receipt requested, postage prepaid or
personal delivery addressed as follows:
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Agenda Item No. 1686
January 12, 2010
Page 10 of 17
If to Purchaser:
Transportation Engineering & Construction Management
Attn, Kevin Hendricks
Right,of,Way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-252-8192
Fax 239,252,6643
With a copy to:
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone 239,252,8400
Fax 239-252-0225
If to Seller:
Osvaldo and Madeline Garcia
P,O. Box 441201
Miami, FL 33144,1201
Telephone 305,222-1189
The addressees, addresses and numbers for the purpose of this Section 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 addressees, addresses
and numbers only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes, Notice shall be deemed given in compliance with this Section upon receipt
of automated fax confirmation or upon on the fifth day after the certified or registered
mail has been postmarked, or physical receipt by hand delivery,
10. REAL ESTATE BROKERS
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller
and shall be paid at Closing, Seller shall indemnify Purchaser from and against any
claim or liability for commission or fees to any broker or any other person or party
claiming to have been a procuring clause or engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement.
11, MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties,
B, This Agreement and the terms and provisions hereof shall be effective as of
the Effective Date 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,
C, 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.
D, 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.
E. 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.
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AS TO SELLER:
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DATED:
WITNESSES:
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(Printed Name)
~;1Q G<Jl'oJZO!.eZ.
( rinted Name)
(Signature)
Co~Y'I1e.\'Io ~~
(Printe e)
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Approved as to form and
legal sufficiency:
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Assistant County Attorney
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Agenda Item No, 1686
January 12, 2010
Page 11 of 17
d/A~L-'
OSVALDO GARCIA
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Agenda Item No, 16B6
January 12, 2010
Page 12 of 17
F, 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.
G, If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day,
H, If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to s, 286,23,
Fla, Stat., under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County, (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes,)
I. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
J, The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
K, This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and there are no promises, representations,
warranties or covenants by or between the parties not included in this Agreement.
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.
L. TIME IS OF THE ESSENCE to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
DONNA FIALA
, Chairman
Page No, 8
,
Bormwer Owner: Garcia
Property Address N/S 10th Avenue NE
City Naples r.~.::~~: ":.::~:,::' S:~:~. FL
LegalDescription Golden Gate Estates Unit 73 W 75ft of E 180ft of Tract 18 OR 1545 PG 1632
Sale Price $ N/A Date of Sa~ NfA Loan Term yr$. Property Rights Appraised [SJ Fee CJ Leasehold D De Minims PU
Aclual Real Estate Taxes $ 264.11 {yr) Loan charges to be paid by seller $ Other sales concessions N/A
Lender/C~ent Collier County Transportation Division AddreSS 2885 S. Horseshoe Drive Na les Fl 34104
Occupant N/A Appraiser Harry Henderson, SRA Instructions to AppraiserEstlmate Market Value/Full Take
Folio #40471200004
location
BulMUp
GrowlhRale
Property Values
Demand/Supp~
Mari<etingTIme
Present land Use
LAND APPRAISAL REPORT
-
Census Tract 112.02
lip Code 34120
Comrrems including those factors, favorable or unfavorable, affecting marketabiiity {e,g. public parks, schools, view, noise)'The sub'ect is located in the east-central
art of unincor orated Collier Count in the Golden Gate Estates area Golden Gate Estates is a s rawlin re- lalled subdivision consistin of
acrea e- e sin le-fami homesites 1.14 to 5 acres I ical1 In a semi rural settin ,Essential services are within a 35 minute drive to the
west into reater Na les. Maintenance ievels in the area are enerall avera e.
Dimensions 75x660 1.14 SQ,n.orAcres 'CornerLol
Zoning classificafion E, Estates Preserrt Improvements [j do D do not conform to zoning regulations
Highest and best use n Present use E_Q.lD~LweCIfY) eventual sinQle"familv deveiopm~nt 'non-conforming lot of record
Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level
Elec. [g] StreelAccess [SJ Public n Private iSlze Compatible with area
Gas 0 Surface Macadam Shape RectanQular
Water D Maintenance l3J Public U Private' View Natural
San. Sewer 0 U Storm Sewer ~ Curb/Gutter Drainage A ears to be Ade uate
o lJnderground Elect. & Tel, 0 Sidewalk LJ SIr~etLi hts Is the property localed in a HUDldentified SpeCl81 Flood Hazard Area? ~NoCYes
Comments (favorable or untavora~e includii'l\l any apparent allverse easements, encroachments, or other adverse conditions): Zone D Comm#120067C0250G dtd 11f17/05
No adverse conditions observed, The sub'ect lands are assumed to have an uland/wetland rofile which would allow sin le.famil develo ment
as allowed b zonin without a ical ermillin and/or mili ation, Tical roadwa and eremeter utili! easements commonl exist in the area.
The undersigned has recited lI1fee recent sales of properties most simi~r and proximate to suaiect and has considered these in the market analysis. The description includes a dollar
adjustment retlecbng market reaction to lhose ~ems of significant variation between the subject and comparabie properties. If a significant item in tI1e comparable property is superior
to Of more favorable tI1an the subject property, a minus (-J adjustment is made thus reducing tI1e indicated value or subject; if a significant item in tI1e comparabie is interior 10 or less
favorablethanthesubjeclproperty,aplus (+)adlustmenlismadefhusincreasingfheindicatedvalueoffhesubiecl.
ITEM SUBJECT PROPERlY COMPARABLE NO.1 COMPARABLE NO, 2
Address N/S 10th Avenue NE S/S 37th Avenue NE N/S 39th Avenue NE
Na~s~M120 Na~sFL34120 Na~sFL~120
Proxim' to Sub'ect 0.85 miles N 1,10 miles N
Sales Price N/A 9649/ac
Price $ 11,000
Data Source MLS#208039558
Date of Sale and DESCRIPTION DESCRIP110N
Time Adjus1mer1l N/A 3109
Location GGE-eastern GGE-eastern
S' lew 1.14 acres 1.14 acres
To 0 ra h Level/Nalural Similar
Zonin Estates Estates
Utilities Electric Avail. Electric Avail.
Urban iSuburban Rural
o Over 75% L:SI 25% 10 75% [j Under 25%
o Fully Dev. DRapid DSteady [S]Slow
o Increasing LJ Stable [?<;JDeclining
[J Shortage [J !n 8~!ance ~ Oversupply
C Under 3 Mos, D 4-6 Mos. [ZJ Over 6 Mos.
35% 1 Family _% 2-4 Family _% Apts, _% Condo_% Commercial
_% Induslrial~% Vacant _%
Change in Present Land Use C Not Likely ~ Likety (*) CJ Taking Place (*)
(*)From vacant To residential
~ Owner 0 Tenant 10 %Vacant
$ 80,000 10 $ 225,000 Predominant Value $ 110,000
1 yrs, to 30 yrs. PredaminantAge 8 yrs.
EmploymentStatlllily
CanveniencetoEmployment
Convenience 10 Shopping
ConvanlencetoSchools
Adequacy 01 Public Transportation
RecreatlonalFacilities
Adequacy oi Utilitles
Propel1yCompatibllity
Protection from Detrimental Condrtions
Police and Fire Protection
General Appearance of Properties
Appeal to Market
PredominanfOccupancy
Single Family Price Range
Single Family Age
-.
Good Avg. Fair Poor
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CDMPARABLENO.3
S/S 58th Avenue NE
Na les FL 34120
1.66 miies N
16, 374/.". ;):?""I\r",,' '';;;'''''':'<.';;;1.;),0,''';;:';'
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10 438/ac
11900
26 036 .Ai.,,;&..'\.."......,";..'-c~..."'...,",..
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MLS#208040494
DESCRIPTION
10109
GGE-eastern
1.59 acres
Simiiar
Estates
Electric Avail.
MLS#209013045
DESCRIPTiON
3/09
GGE-eastern
114 acres
Similar
Estates
Electric Avail.
Must
Nominal
in$fac
in$/ac
in$fac
Saies or Financing N/A Cash Cash Cash
Concessions
NetAd'. ota ".,.' fl.f I ~ +
Indicated Value ..,.,.."';'~:,.yJ:1:""ii"":.'~.;"II: ':':'/'~J:;:jt~ '\::"i";,Sr-1':i-~:\,ji.':l'..;~) i;:i ~:,'~:ij:/l!':i;,.:<:'::;,ji;.^.;.;;;'i';; ,:) ':;'i~\,;:';;~'~'~~if~:;";'},:~:ii!ii':},(";';....
~t'p^.';.~..~I'",~ '''.:11,1 ''''-'-ilii'1,;;,;W' ;;t:~"fl;'iT ,.:,,,.,'.,,,;,,.:(,,!!:/'~;'~.,..x,,.,.,.,,.,,<;;:,.,,.;!....,!."j,'":',~,,.':'c,.".' "...'''m'''.''c....,-t,.. ','.." .!ii"" ,;j'C,'.',
01 Subl"'! ;.~'",'r,!':'M;~" ~1~ ~j.,.. ;1'''j\-'; """=:"C"".,.c,,:wx,,.""....,(,,.. -, ~ '-.'.' ." ".."' '., ',.,. ,...,.,~.,:; ..",..,'.')", "~' .'
,,,},;,,>,,,.-.,;t1t"?<;'!<j.,,ti!t.'i' .'JIg"'" "'''''''r,;;.-.:'~".i'(!'i't'~Yi',,.~'!~,,'.,,; $ 9,649:r~'jihiK",d,.,~r"~J1~.~,;jr:,,' $ 16,37 4 .'~t..~,-:~!:~'{.1 "~";o~ ~blt-' $ 10,438
Comments on Markel Dala: The subject and camps are compared on a unitfprice basis $/ac thereb ne alin the need for size ad'ustments. All
sales cited involve non-conformin Estates iots in the eastern Golden Gate Estates area, The com s are recent enou h to avoid time
ad'ustments, The unit! rices show a ran e of $9,649/ac to 16 374/ac, a mid-ran e value of $11 ,OOO/ac Is selected as most reasonable.
Commenfs and Conditions of Appraisal: See attached Statement of LimitinQ Conditions
DOld nOidNotPhysicallylnspetlProperly
Final Reconciliation: Sub'ecI1, 14 acres x $11.000/ac - $12 540
.-
I ESTIMATE nn;: MARKET VALUE, AS DEFINED. OF SUBJECT PROPERTY AS OF
October 15, 20 09
to be$ 12540
Harry Henderson, SRA
Appraisers)
[Y2KJ
CoilierCountyGovernmenf
Form LND - 'WinTOTAL" appraisal software by a la mode, inc. - 1-BOQ-ALAMODE
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IMainFile~o. 1686
January 12, 2010
Page 14 of 17
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions
requisite to a lair sale, tile buyer and seller, each acti~c prudently, kr:owiedceably and assuminc the price is not affected by undue stimulus. Implicit in this
definition is tile consummation 01 a sale as of a specified date and thp.llassing of tiMe from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or well advised. and each actirlg In what he considers his own best Interest (3) a reasonable time is allowed
for exposure in the open market; (4) payment is made ill terms 01 casll in u.S. dollars 01 in lerm~ of financial arrangements comparable thereto; and (5) the price
represents the normal consideration lor the property sold unaffected by special o~ creative linancing or sales concessions. granted by anyone associated wtth
the sale.
. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
lor those costs which are normally paid by sellers as a resu~ of tradition or law in a lT18rket area; these costs are readily identifiable
since the seller pays these costs in virtually all saleS transactions. Sper-ial or creative financing adjustments can be made to the
comparable property by comparisons to linancing terms offered by a third party Institutional lender that is not already involved in the
property or transaction. AfrI adjustment should not be calculated on a rT1{lchanical dollar for dolar cost of the financi~ or concession
but the dollar amount of any adjustment should approximate the markel's reaction to tlle financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certHication that appears i~ the appraisai report is subject to the following
condhioflS:
1 The appraiser will not be responsible for matters of a legal nature that "Hect either the property being appraised or the fllle to it The appraiser assumes that
the tit1e is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of n being under responsible
ownership,
2 The appraiser has provided a sketch in the appraisai report to show approximate dimensions of the Improvements and the SKetch is incluoed only 10 assist
the reader of the report in Visualizing the property and understanding the appraiser's determinalion at ns size.
3. The appraiser has examined the available llood maps that are proVided by the Federal Emergency Management Agency (or olher data sources) and has noted
in the appraisal report whether Ihe sublect sile is located in an identified Special Flood Hazard Area. Because the appraiser is rIOt a surveyor, he or she makes
noguarantees,expressorimplied,regardlngthisdetermination.
~. The appraiser will not gi~e testimony or appear in court because he or she maoe an ap;Jraisal of the property in question, unless speCific arrangements to do
so have been made beforehand_
5. The appraiser has estimated the value of the 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 are invalid if they are so used.
6_ The appraiser has floted in lI1e appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances. etc_) observed during the inspection at the subject property or that he or she became aware 01 during the normal researCh involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed tnat there are no such condrtioflS and makes no guarantees or warranties, express or implied, regarding the condition 01 the property. The
appraiser will not be responsible tor any such conditions that do exist or for any engineering or testlllg that might be required to discover whether such
condnions exist Because Ire appraiser is nol an expert in the field 01 environmental hazards_ the appraisal report musf not be considered as an
environmenlal assessment of the property.
7 The appraiser obtained the information, estimates. and opinions tha1 were expressed in the aporaisal report from sources that he or she considers to be
reliable and believes them to be true and correct. The aporaiser does not assume responsibility for the accuracy of such items that were lurnished by other
parties.
8. The appraiser will no! disclose the coments 01 the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.
g. The appraiser has based !lis or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or
a~erations on tile assumption that completion of the improvements will be performed in a workmanlike manner.
10 The appraiser must provide his or her prior written consent hefore the lender/clieni specified in too appraisal report can distribute the appraisal report
(InCluding conclusions about the property value, the appraiser's identity and professional designations, and references 10 any prolessional appraisal
organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer; consuRants: professional appraisal organi18tions: any state or federally approve{! tinancial institut1On: or any department, agency. or instrumentalfty
of the Unrted States or any state or the District of Columbia, except lhatthe lender/client may distribute the property description sec:ion 01 the report only to data
collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be ootained before the appraisal can be conveyed by anyone to the public through advertising, public relations. news, sales, or other media.
freddleMacForm4396.93
Pagelof2
fannieMaeFonn1004BG-93
Collier Coun\i' Go~ernment
Form ACR - ''WinTOTAL'' appraisal software by a la mode, inc. -1-800-ALAMODF
IM';"RI'~O, 16B6
January 12, 2010
Page 15 of 17
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that
-,
1. I have researched Ihe subject market area and have selected a minimum 01 three recen! sales of properties mosl similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adiustmcrt, when appropriate to reflect the market reaction 10 those items of significant
variation. n a significant ttem in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustrlllnllO reduce
the adjusted sales price 01 the comparable and, if a signlficanlltBlll in a comparable property is Inferior to, or less favorable thantha subject properly, I have made
a posilive adjustment to increase the adjusted sales price offhe c omparable,
2, I have taken into consideration the factors that have an impact on value In my development of the estimate of market value in the appraisal report. I have not
knowing~ withheld any significant information lrom the appraisal report and I believe, to the best 01 my knowledge, that all statemerrts and information in the
appraisal report are true and correct.
3. I stated in the appraisal report onty rrr-J own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject onty to the contingent
and wmrting condilions specified in this form,
4. I have no present or prospective interest in the property Itlat is the subject to this rellort, and I have no present or prospective personal interest or bias with
respect to the participarrts in the transaction. I did not base, either partialty or completely, my analysis and/or the eslimate 01 market value in the appraisal report
on the race, color, religion, sex, handicap, familial status, or national origin 01 either the prospeclive owners or occupants oi the subject property or of the present
owners or occupants of the properties in the vicinity of the subject property.
5. I have no present or contemplated future interest in the sublect property, and netther my curren! or future employment nor my compensation lor pertonning this
appraisal is contingent on the appraised value of the property.
6. I was not re{luired to report a predetermined value or direclion in value that1avors the cause 01 Itle ciiento' any related party, the amount of the value estimate,
the attainment of a specific resull, or the occurrence of a Subsequent event In order to receive my compensation and/or empioyment for performing the appraisal. I
did nof base the appraisal reportona requested minimum valuation, a specific valuation, Of the need to approve a specifiC mortgage loan_
7. I performed this appraisal In conformity with the Unilorm Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
StandardS Board of The Appraisal Foundation and that were in place as oltne eHeclive date olfhis appraisal, with the exception 01 the departure proviSion of those
Sfandards, which does not appty. I acknOWledge that an estimate of a reasonable time for exposure in the open market is a condition in the definftion of market value
and the estimate I devekJped is consistent with the marketing time noted in \tie neighborhood section ollhis report, unless I have oltlerwise stated in the
reconciliationseclion.
'~""
8. I have personalty inspected the interior and eJderiorareas 01 the subject property and the exterior of all properties listed as comparables in the appraisal report
I further certi1y that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjustments lor these adverse conditiOns in my analysis of the property value to the extent that
I had market evidence to support them. 1 have also commented about the effect 01 the adverse conditions on the marketability of the subject property.
9. I personally prepared all conclusions and opinions about the reai estate that were set forth in lI1e appraisal report. If I relied on significant professional
assistance from any individual or individuals in the performance 01 the appraisal or the preparation of the appraisal report, i have named such individual(s) and
disclosed the spec~ic tasks pertormed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to pertorm
the tasks. I have not alrthorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, 1 will take
no responsibility lor it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report have reviewed the appraisal report agree wtth the statements and conclusions of Itle appraiser,
agree to De bound by the appraiser's certifications numbered 4 Ihrough 7 above, and am laking luli responsibility forlhe appraisal and Ihe apprais alreport.
ADDRESS OF PROPERTY APPRAISED:
N/S 10th Avenue NE, Naples, Fl34120
APPRAISER:
SUPERVISORY APPRAISER (only If required):
Signature:
Name:
Date Signed:
State Certification #:
or State License#:
State:
Expiration Date 01 Certification or License:
Signature:
Name: Harry Henderson, SRA
Date Signed' October 15. 2009
State Certification #: RD3475
or Stale License #:
State' Fl
Expiration Date of Certiflcalion or License: 11/30/10
DO;d
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IMainFile~o. 1686
January 12, 2010
16 of 17
Borrower/Clierrt
Proe Address
Ci
Lender
Owner: Garcia
N/S 10th Avenue NE
Na les
Collier Count Trans ortalion Division
COlI'1 Collier
State Fl
Zi Code 34120
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Agenda Item No. 16B6
January 12, 2010
Page 17 of 17
PROPERTY LOCATION AND OWNERSHIP
Folio Number:
Owner Name:
Property Addresses:
Legal:
Size:
40471200004
Osvaldo and Madeline Garcia
10th Avenue NE between Everglades Blvd. and Desoto Blvd.
West 75 feet of the East 180 feet of Tract 18 Golden Gate Estates Unit No. 73
1.14 acres
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