Agenda 09/14/2010 Item #16A 7
Agenda Item No. 16A7
September 14, 2010
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-
Way, Drainage and Utility Easement (parcel No. 166RDUE) containing 8,100 square feet,
which is required for the widening of Santa Barbara Boulevard between Copper Leaf Lane
and Green Boulevard. Project No. 62081- Phase 2 (Fiscal Impact: $9,800.00).
OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a
road right-of-way, drainage and utility easement required for the widening of Santa Barbara
Boulevard between Copper Leaf Lane and Green Boulevard.
CONSIDERATIONS: The required easement is located on the west side of Santa Barbara
Boulevard (Unit 31, Golden Gate Estates) and contains a total of 8,100 square feet or 0.186
acres. Using the most recent, comparative sales data, the Growth Management Division's
Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the
property estimating its current market value at $8,950 ($48,000.00 per acre) including
improvements. The 2009 assessed value ofthe parent tract is $48,000 per acre and, based on this
value, the value ofthe subject parcel is $8,950.00 inclusive of improvements.
On June 14,2010, the property owners' attorney, Bella PateL informed staff that her clients, Mr.
and Mrs. Napior, would settle for the amount of $21,200.00 plus $3,000.00 in attorney fees.
Through continued negotiations, the owners have agreed to sell the required easement to Collier
County for the purchase price of $8,950.00 plus $500.00 for attorney fees. The Easement
Agreement was prepared and mailed to Ms. Patel on June 25, 2010. The executed agreement
was received was finally received one month later on July 28, 2010.
Staff is recommending that the Board of County Commissioners purchase the required easement
area from Mr. and Mrs. Napior for the purchase price of $8,950.00, and believes the following
are compelling reasons to do so:
This is not a distress sale. The property owners can afford to hold out and wait for the market to
improve.
If we should delay this acquisition for several years until construction is imminent, and be forced
to take the easement through condemnation, the cost of doing so would far exceed the owners'
asking price. In addition, the owners are cooperating with staff so there are no expert costs.
Moreover, if we should forestall this purchase and the market begins to rebound, in three to five
years we are likely going to be paying as much or more for the subject property than the owners
are seeking today.
It is a common expectation of property owners upon the sale of their property to the government,
to be paid at least the value upon which they were taxed by the government. The easement
Agenda Item No. 16A7
September 14, 2010
Page 2 of 14
agreement was negotiated at the 2009 assessed value prior to the publishing of the preliminary
2010 assessed values on July 15th.
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $9,800.00 and includes the
$9,450 negotiated purchase price (including an attorney fee for document review in the amount
of$500.00), a title search fee, title insurance premium, and recording fees not to exceed $350.00.
Source of funds are road impact fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Easement- Agreement and authorize its Chairman to execute same on
behalf of the Board;
2. Accept the conveyance of Parcel No. 166RDUE and authorize the County Manager or his
designee to record same in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the Agreement; and
5. Approve any and all budget amendments which may be required to carry out the collective
will of the Board.
Prepared by: Sonja Stephenson, Property Acquisition Specialist, Right-of-Way Acquisitions,
Transportation Engineering, Growth Management Division
Attachments:
Appraisal
(1) Easement Agreement with Exhibit "A"; (2) Location Map; (3)
Agenda Item No. 16A7
September 14, 2010
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A7
Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-
Way, Drainage and Utility Easement (Parcel No. 166RDUE) containing 8,100 square feet,
which is required for the widening of Santa Barbara Boulevard between Copper Leaf Lane
and Green Boulevard. Project No. 62081 Phase 2 (Fiscal Impact: $9,800).
9/14/20109:00:00 AM
Meeting Date:
Approved By
Gary Putaansuu
Project Manager, Principal
Transportation Engineering &
Construction Management
Date
Transportation Division
8/23/20104:01 PM
Approv~d By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
8/23/20105:14 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
8/24/2010 11 :02 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
8/25/20103:34 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/26/20107:34 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
8/26/20109:23 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
8/26/20103:05 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
8/26/20104:14 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Agenda Item No. 16A7
September 14, 2010
Page 4 of 14
Office of Management & Budget
8/27120102:34 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
8131/201011:19 AM
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
9/7/201010:24 AM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
9/7/20102:45 PM
Agenda Item NO.1 A7
September 14, 2 10
Page 5 0 14
PROJECT: 62081 Santa Barbara Boulevard
PARCEL No(s): 166RDUE
FOLIO No(s): 38229240008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 20_, by and between
MARLENE M. NAPIOR, an unmarried widow, and ROBERT S. NAPIOR, a married man,
as joint tenants with full rights of survivorship, whose mailing address is 5675 Westport
Lane, Naples, Florida 34116, (hereinafter collectively referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-Exclusive Road Right-Of-Way,
Drainage and Utility Easement over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter
referred to as the "Easement"); and
WHEREAS, Owner desires to c:onvey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
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
i.s hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. The purchase price (the "Purchase Price") for the Property shall be $9,450 (U.S.
Currency) payable at time of closing, subject to the apportionment and distribution of
proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter
referred to as the "Closing"). Said payment to Owner, payable by wire transfer into the
Bella Y. Patel Trust Account, shall be full compensation for the Property conveyed,
including all landscaping, trees, shrubs, improvements, and fixtures located thereon,
and shall be in full and final settlement of any damages resulting to Owner's remaining
lands, costs to cure, including but not limited to the cost to relocate the existing
irrigation system and other improvements, and the cost to cut and cap irrigation lines
extending into the Property, and to remove all sprinkler valves and related electrical
wiring, and all other damages in connection with conveyance of said Property to
Purchaser, and includes $500 in full settlement of all attorneys' fees, expert witness
fees and costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement upon.
their recording in the public records of Coiiier County, Florida. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
(a) Perpetual, Non-Exclusive Road Right-Of-Way, Drainage and Utility
Easement;
(b) Closing Statement;
Agenda Item NO.1 'A7
stea>~er 14, 2 10
l:j" 'page 6 of 14
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Easement prior
to commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner 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.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire
the Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
Agenda Item No. 16A7
S~Q~er14,2 10
~~ 'Page 7 of 14
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
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.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or omit
to perform any act which would adversely affect the physical condition of the
property underlying the Easement or its intended use by Purchaser.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shalf survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
and all Easement instrument recording fees. In addition, Purchaser may elect to pay
reasonable processing fees required by mortgagees in connection with the execution
and delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 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
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2.
Agenda Item No. 1 7
S~Qiaruber14,2 10
~'" 1='age 8 of 14
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing
11. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
12. If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure. according to
Chapter 286. Florida Statutes, under oath, subject to the penalties prescribed for
pe~ury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to Purchaser. (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.)
13. Conveyance of the Easement. or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and this written Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and Purchaser.
14. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement. and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
15. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
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
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chainnan
, '
Agenda Item No. 16 7
S~~~er14,2 10
'" 'Page 9 of 14
AS TO OWNER:
~~ '71.>1, '.
MARL E M. NAP lOR ~
.Itness ( Ignature)
~"':c4 O"CA:40.s
ame (Print or Type)
Qj,~~
Witne ignature)
ffid~ ~~
ROBERT S. NA lOR
~~~~ ~ Ma~~
ame(Print or Type)
,Approved as to form and
legal sUfficiency:
K.5~~
Assistant County Attorney
Last Revised: 6/18/10
. 1
Agenda Item No. 16A7
Sel5tcl'flbcr 11, 2 10
Page 10 of 14
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CONTAINING 8.100 SQUARe FrrT MORE 'OR LESS.
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Agenda Item No. 16A7
September 14, 2010
Page 11 of 14
SANTA BARBARA BOULEVARD - PHASE 2 - 62081
Parcel 166RDUE - Marlene and Robert Napior
Predominant Occupancy
Single Family Price Range
Single Family Age
Borrower Owner: Napior
Property Address 5675 West ort Lane
City Naples County Collier
LegalOescription Golden Gate Estates Unit 31 S 180ft otTract 109
Sale Price $ N/A Oate of Sale N/A Loan Term~ yrs. Property Rights Appraised ~ Fee 0 Leasehold
Actual Real Estate Taxes $ 4,087.48 (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A
Lender/Client Collier County Gov/Transportation Division Address 2885 South Horseshoe Drive Na les FL 34104
Occupant owner Appraiser Harry Henderson. SRA Instructions to Appraiser Estimate Market Value of land onl .
Folio #38229240008 sub'ect ro e is im roved wi1h a sin Ie-famil home which is unaffected b the takin areel.
Location Urban Suburban Rural
Buitt Up ~ Over 75% 0 25% to 75% 0 Under 25%
Growth Rate 0 Fully Dev. 0 Rapid ~ Steady 0 Slow
Property Values 0 Increasing 0 Stable C8J Declining
Demand/Supply 0 Shortage 0 In Balance C8J Oversupply
Marketing lime 0 Under 3 Mos. 0 4-6 Mos. C8J Over 6 Mos.
Present Land Use ~% 1 Family --.2% 2.4 Family --.2% Apts. _% Condo---1.Q% Commercial
% Industrial 10% Vacant %
Change in Present Land Use 0 Not Likely -~ Likely (*j 0 Taking Place (*j
(*) From vacant To sinQle-family
~ Owner 0 Tenant _% Vacant
$ 150.000 to $ 720,000 PreclominantValue $ 300,000
--1.. yrs. to----1Q.. yrs. Predominant Age 20 yrs.
Census Tract 104.08
IMain File ~!ff~llf&(,ft~o. 16A7
File No. ~ ber 14, 2010
Map Reference S29-T49-R2 2 of 14
LAND APPRAISAL REPORT
State FL
Zip Code 34116
Employment Stability
Convenience to Employment
Convenience to Shopping
Convenience to Schools
Adequacy of Public Transportation
Recreational Facilities
Adequacy of Utilities
Property Compatibility
Protection from Detrimental Conditions
Police and Fire Protection
General Appearance of Properties
Appeal to Market
Good Avg, Fair Poor
DC8JDO
D~OD
O~DD
O~DO
O~DD
O~DD
O~OD
O~DO
O~DO
O~OO
O~OD
O~OD
Elec.
Gas
Water
San. Sewer
~NoOYes
Zone D Comm#120067415G dtd 11/17/05
The undersigned has recill!d three recent sales of properties most similar and pro~mall! to subject and has considered these in the market analysis. The description includes a dollar
adjustment reflecting market reaction to those lIems of signllicant variation between the subject and comparable properties. II a signllicant item in the comparable property is superior
to or more favorable than the subject property. a minus (,) adjustment is made thus reducing the indicated value of SUbject; II a significant item in the comparable is inferior to or less
favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value 01 the subject.
ITEM SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO, 2
Address 5675 Westport Lane 5765 Hidden Oaks Lane 6250 Cedar Tree Lane
NalesFL34116 NalesFL34116 NalesFL34116
Proxim' to Sub'ect 3.81 miles N 1.87 miles NW
Sales Price N/ A
Price Gross
Data Source
Date of Sale and
lime Adjustment
Location
SitelView
To ra
Zeni
50 660/ac
115000
DESCRIPTION
N/A
GGE
3.34 acres
Level/natural
Estates
COMPARABLE NO.3
W/S of 29th Street SW
Na les FL 34117
2.09 miles NE
in $/ac
N/A
Cash or Equiv.
Cash or Equiv.
Cash or Equiv.
I ESTIMATE THE MARIlET VAWE, AS DEFINED. DF SUBJECT PROPERTY AS OF
June 24,
2010 to be $ 8,950
o Did 0 Did Not Physically Inspect Property
Collier County Govemment
Form LND - 'WinTOTAL" appraisal software by a la mode, inc. -1-80D-ALAMOOE
[Main File ~g&ffI:iS61If~.r1!Jo. 16A7
September 14, 2010
Page 13 of 14
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under aD conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. imp6c~ in this
defin~ion is the consummaMn of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or weD 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 terms of financial arrangements comparable thereto; and (5) the price
represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated With
the sale.
'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those costs which are normally paid by sellers as a resu~ of tradition or law in a market area; these costs are readily identifiable
since the seller pays these costs in virtually aD sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party instiMional lender that is not already involved in the
property or transaction. Any adjustmenf should not be calculated on a mechanical dollar for doUar cost of the financing or concession
but the dollar amount of any adjustmenf should approximate the markers reaction to the financing or concessions based on the
appraiser's judgemenf.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND UMITlNG CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser wiD not be responsible for matters of a iegal nature that affect eifher the property being appraised or the titie to~. The appraiser assumes that
the IitIe is good and marketable and. therefore, will not render any opinions about the titie. The property is appraiSed on the basis of if being under responsible
ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser's determination of ifs size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor. he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do
so have been made beforehand.
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
separalll 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 noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the 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 Oncluding the presence of hazardous wastes, toxic substances, etc.) that would make the property more or iess valuable, and
has assumed that there are no such conditions and makes no guaranfees or warranties, express or implied, regarding the condition of the property. The
appraiser wii not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such
conditions exist. Because the appraiser is not an expert in the fieid of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the property.
7. The appraiser obtained the information, 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 correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other
parties.
8. The appraiser will not disclose the confents of the appraisal report except as provided for in the Uniform 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 performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consenf before the lender/client specified in the appraisal report can distribute the appraisal report
Oncluding conclusions about the property value, the appraiser's idenfity and profesSional designations, and references to any professional appraisal
orgarizations 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, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data
coHection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consenf and approval must also
be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Fann 439 6-93
Page 1 of 2
Fannie Mae Form 1004B 6-93
Collier County Govemmenf
Form ACR - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE
IMainFile!*!cl'~I1~llrMlr~o. 16A7
September 14, 2010
Page 14 of 14
APPRAISER'S CERTIFICATION: The Appraiser cert~ies and agrees that
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate 10 the subject properly
for consideration in the sales cOll1larison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variation. "a Significant item in a cOll1larabie property is superior to, or more favorable than, the subject properly, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, if a significant item in a comparable property Is Inferior to, or less favorable than the subject property, I have made
a positive adjus1ment to increase the adjusted sales price of the cOll1larable.
2. I have taken into consideration the factors that have an impact on vaiue in my development of the estimate of market value in the appraisal report. I have not
knowingly withheld any significant intormation from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the
appraisal report are true and correct.
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limiting cond~ions spec~ied in this form.
4. I have no present or prospective interest In the property that Is the subject to this report, and I have no present or prospective personal Interest or bias with
respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report
on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties in the viCinity of the subject property.
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this
appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate,
the attainment of a specific resutt, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I
did oot base the appraisal report on a requested minimum valuation, a spec~ic valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of toose
Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value
and the estimalB I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the
reconciliation section.
8. J have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report.
I further certify 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 for these adverse conditions in my analysis of the property value to the extent that
I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketallility of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. " I relied on significant professional
assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and
disclosed the specific tasks performed Ily them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform
the tasks. I have not authorized anyone to make a change to any item in the report; therefore, ~ an unauthorized change is made to the appraisal report, I will take
no responsillility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: "a supervisory appraiser signed the appraisal report, he or she cert~ies and agrees that:
J directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser,
agree 10 be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
5675 Weslporl Lane, Naples. FL 34116
APPRAISER:
SUPERVISORY APPRAISER (only if required):
Signature:
Name:
Date Signed:
State Certification #:
or State License #:
State:
Expiration Date of Certification or License:
Signature:
Name: Harry Henderson, 8RA
Date Signed: June 24. 2010
State CertifICation #: RD3475
or State License #:
State: FL
Expiration Date of Certification or License: 11/30/10
o Did 0 Did Not Inspect Property
Freddie Mac Form 439 6.93
Page 2 of 2
Fannie Mae Form 1004B 6.93
Form ACR - "WinTDTAL" appraisal software by a la mode, inc. - 1.800-ALAMODE