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Agenda 10/14/2008 Item #16G 1Date: Item # EXECUTIVE SUMMARY - ,e ;nda is -3 n� Na. 1;3G1 Ocllober 14, 2013 Page 1 of 26 Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a payment from the Bayshore Gateway Triangle CRA Fund 187 in the amount of $75,000 plus cost and expenses to complete the sale of subject property. Site address: 3258 Lunar St. ($75,000). OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a payment from the Bayshore Gateway Triangle CRA Fund 187 in the amount of $75,000 plus cost and expenses to complete the sale of subject property. Site address: 3258 Lunar St (75,000). BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CPA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. BCC RESOLUTION No. 2000 -82 made a `finding that a blighted area exists' in the Bayshore Gateway Triangle area and that `conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or affest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare....' BCC RESOLUTION No. 2000 -181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: 1. Neighborhood Focus Program • Acquisition of vacant and dilapidated sites (page IX -6) • Demolish dilapidated and unsound buildings (page IV -20) 2. Bayshore Neighborhood Focus Initiative (NFI): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character fi-om the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFI activities as presented on Illustration IX -14 (Exhibit A): ■ Site acquisition and infill housing (Illustration IX -14) ■ New multifamily housing (Illustration IX -14) ■ New single family housing (Illustration IX -14) CONSIDERATIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a "` provision for the creation of CRA programs to remove substandard or blighted homes or acquire r3 tober ":4 ?;01"8 Date: Item vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of other CRAB throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: 1. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals ('R-FP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. Offer builder incentives, if necessary, 8. Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner- occupied housing. Mr. Dan Daniels and Mrs. Amy Daniels offered to sell the property they owned in the Bayshore area. The CRA commissioned the Real Estate Services Department to appraise the mobile home lot (located in a blighted area the CRA has been focusing on for resident ial - infill) to determine the value of the site they wanted to sell. The appraised value of the property as determined by an appraisal dated August 14, 2008 valued the site at $75,000.00. On September 8, 2008 Mr. & Mrs. Daniels signed an .Agreement to sell the CRA the mobile home and lot located at 3258 Lunar St. for the appraised value of $75,000.00. This offer was accepted by the Executive Director, contingent upon CRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorize the purchase of subject property as part of the Neighborhood Focus Initiative. It is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire this property, construct new housing and resell the residence as work force /gap housing. Presently the Land Development Code allows an owner of a mobile ]Ionic zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal Iligh Hazard Area (CHHA). Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Trust Funds as part of a residential infill project removing mobile homes and replacing them with a foundation home built to current building codes and resold as an owner - occupied workforce /gap housing unit. FISCAL IMPACT: Capital funds in the amount of $75,000 plus cost and expenses to acquire the subject property (title insurance, attorney's fee, closing services and recording fees) are Date: Item # r``1E -d a I}Ciii PJO. IFJu'� 14. 210f"O ::i e vl 21,E available in the approved FY 2009 Bayshore Gateway Triangle CRA Fund (187) budget. Tax Increment Financing Revenues will be used to fund this purchase. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the .Bayshore Gateway Triangle CRA. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exhibit A. LEGAL CONSIDERATIONS: The Agreement was reviewed and approved for legal sufficiency by the County Attorney's Office on September 22, 2008. (HFAC) RECOMMENDATION: That the Collier County Community Redevelopment Agency: 1. Approve the attached Purchase Agreement; 2. Authorize the CRA Chairman to execute same on behalf of the Board; 3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to close the transaction from the CRA Fund (187); and 4. Accept the conveyance of the property via Warranty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida. Prepared by: Jean Jourdan on September 22, 2008 Project Manager Bayshore Gateway Triangle Community Redevelopment Agency 3 Noe I of I A', in,-, o lf -- m 6 ;-D I 0 t o Lh e r 14. 20j3 P r, g '� 4 r-, f 26, file://C:\A2eiidaTest'\17-XDOI-t\I 14-(.)c1ober0/o2014.(N)202009\ I 6.%20('O-N(,["N'r(�«2OA(jFN[)... 10/9/2009 COLLIER COUNTY SOAFRD OF COUNTY COMMISStONERS Item Number: 16G1 Item Summary: Recommendaiion for the Community Redevelopment Agency to approve the purchase of a residential (mobile home.) lot in the Sayshore area of the CRA as part of a CRA residential infill pioject, to approve payment from and authorize the CPA Chairman to make a payment from the C-ayshcre Gateway Triangle CRA Fund 187 in the amount of $75,000 plus cost and expenses to complete the sale of subject property. Site address: 3258 Lunar St ($75 000.). Meeting Date: 10114112038 9.00 00 AM Prepared By Jean Jourdan Project Manager Date Community Recievelopment n-asy<_,!-,ore-,Satoway Redevelopment 9i'26!2G�)8 8:2'0�: 12 AM Agency Approved By Jean Jourdan Pro; ,�t r0anager Dale Community Red,--velopmcert Redevelopment 912312008 10:03 AM Agency Approved By Divid JacvGcr, 'Exe uivc Dil--"Cyl tie COMM.Unity 9! W20cs 10:29 M Approved By ["aR Approved By r.ar4; Sac I , S c 'n y ra'. Approved By Jar,cs V. zo,ir,'V of file://C:\A2eiidaTest'\17-XDOI-t\I 14-(.)c1ober0/o2014.(N)202009\ I 6.%20('O-N(,["N'r(�«2OA(jFN[)... 10/9/2009 , A "ger)�'Ia :i-m No. October 14, 210G8 buDiMe 1 1-riv 1 CRA 01 i_ Borrower C01AAFR000rNFY ;BUYER PtoperiyAddtess 3258 LUNAR ST City NAPI,FS - - co"my COLLIER Stine FL ---,Zip Co&, 34112 Lender/Client COLLIER COUNI YGOVERNMENT FRONT OF SUBJECT PROPERTY STREET SCENE 5 of 26 LAND APPRAISAL REPORT e RkNct. CRA011 - 'D�� -,_. gomhc COLLIER COUNTY I BUYER CeaausTrac 107.01 MgReSnence 5A14 PmPeny Adds.as 3258 LUNAR -ST tj cty NAPLES__ _ _ _ __ County COLLIER sum FL Zip Cale 34112 _ __ W LcO Detc.irum CREW'S LOT 7 OR :017 PG 1703 FOLIOI129430240000 /OWNER IS DAN & AMY DANIELS _ Sde Prices Dateof Sde Loan Term NA—y.. Propeary Rights Appraised LX 0. I.eaulwld L.IDem -ris PLOD - A I R.0 Esute T.— S 1_,220 _,) Wen charges to be paid by seas[ N/A other,des conce , NIA L—der /Client COLLIER COUNTY GOVERNMENT _ -_ Add— 3301_E TAMIAMI TRAIL NAPLES FL 34112 c. TENANT A ROOSEVI-,'LI*IEONARD V.s b"lt A ESTIMATED FAIR MARKET VALUE l.oation X Urbsn ISUlmrberr Rurd L CL Av Frtu Poor Built UP X homer 75% '�25 %to 75% 1 'Under 25% ErrPloymrnr subi! ly X Growth RUe L_]Full, Dev. ��Rapid sseady �X'_ -Slow Property Vduea Irrcxasing SuNe X Declining 0—d/Supply Sbonage '� In Bdenx _X ova Supply Pljrder31,1.. �� Convenience w Employmwt X C.....xnce to Shopping Conveaience to Sce,hools X X __ MarketinRTrsne /-6 MOS JOver6 M., Adcgoaryto Pvblic Tr.ospartasion _ 7C Prc:xm 90 %1 Family %24 Fa,rely Aptt %Cando 5 %Camowrcid Re —notui F.citituv; X _ _S'. land Use _- %Induatnal 5 _ %Vacant v'. _ 'AdequaayofUtilitiq Ch.. g. in Fresco[ land U. X Nor ld]ed I ldkel ,u "iakbt P B J Y L_. Y e ia.etal Pr C bill Property ry ''.X X 1•) from DemmrnW C.ndinmu r X Predominant Occupmtry Lk Own[ 'lmmu %Ve<ant- Police and Fir. Protem.R . Single Family Prim Range S 70. to S 150 Predorinnent VW- S 80 Gonad Apparent* of Properties X (H_7 Single Family Age 1 yra. m 25 _ _ yra. Prodomitsans Age 20 vra. X THE SUBJECT PROPERTY IS LOCATED Commrntsincludingdrossfwt om,mvonbleormt(avomYo: aftstingr natetability(e .g.whrcParts.xhoolt,view,noiaa) SOUTH OF TAMIANII TRAIL EAST AND EAST OF BAYSHORE DRIVE. THERE IS NEWER MULTIFAMILY PL-D'S SOUTH OF THE SUBJECT PROPERTY MARKET AREA AND A NEWER COMMUNITY EFFORT TO REVITALAZE THE BAYSHORE AREA THROUGH VACANT LAND PURCHASES TO REBUILD SIN LE FAMILY D'WELI GS. Duramdwns 6O X 143_ x 8.580 cmna 141 _ _ _ Zoning cusmfi : RMF -6- BMUD -R-3 X D. _,Do Not Cattle —to 7,.ittg Ftegulau.oa Highe. and Best Use. ocip of Usc I Other isrseei Public Otba([). —be) OFF SITE IMPROVEMENTS Top. SLIGHTLY ELEVATED Met. X st=et, Addrne X�bra ❑Privau sim TYPICAL FOR THE AREA - -- c- �I snrr— ASPHALT ShR,a RECTANGULAR _ - wua X M.inrenanu; X Pubhc Private Vi RESIDENTIAL AND BACK TO A CANAL _ S. sewer • X _ _ �stm ,ewe -ea b r na D ag APPEARS TO BF. ADE,_ lindeWound Elec. & Tel, t X S7= URtAS 1s du, property k,=W t. it HUD tdrntiEed Special Flood Elwood Areal X 1.'o IJ'Yea C.nunerns (favorable or untavurable including am ap!serens edverx easerrterr6 enaoe0annrus ar other adverse conditioru) NO SURVEY IS AVAILABLE AT THE TIME OF THIS APPRAISAL, HOWEVER THERE APPEARS TO BE NO ADVERSE EASEMENTS, OR ENCROACHMENT O'FHFR THAN TYPICAL UTILITY EASEMENTS. - ?he undersigned has rxued dvee rs6t sales ofpreperties rry 7 xirmlar and proxinute rn rho sutjx and tus to he considered rhea in d,e wrker enrdyua'fhc desoripion in: lutxi a do!Iar adjusrmenr- Rilacnng rrs.rrn raccoon to tL.ea trams of sipndmnt vartsdtm tret+.,.se the. suhlxt and cwuperebie pn,pertiea. If a sigmbcant rtnn is the compe;ebl<prosasy is superior t., .r mort favorablc ilwt aubiem properly. a minus ( -1 adjmmsot is mode, sous mdoang thr indicated vduc ofthe wbjx -; if a sigra5ram item ut sce u+mpazablc is f r a+ ITEM Subiece !,:tartly C'oMPARAPLE NO. 1 COMPARABLE N0. 2 COMPARABLE NO 3 Address 3258 LUNAR ST 2919 KAREN DR '. i32 JEEPF.RS DR 2932 KAREN DR NAPLES Fl- 34112 NAPLES T L -,_ NAPLES FL -- - NAPLES FL -- TAX 1D #61939080007 P TAX ID #61840120008 ITA X ID 95340068D006 s sd .Prix ,- ' : :. _�s 70 0001 — 100OJO �t . =r. . ,: E 6_7,500 _ s 8.74 Pnm. LSe. Fe. E RA6I E 14.35 s 8.16 PUBLIC RECORDS nFSCRfF I0v PUBLIC RF.C'ORDS rI- kdj_istrsen DESCRIPTION � PUBLIC RECORDS �t nd)uson t n scxlPnON r Aaruwps'nt De_source _ Da aof Sdc and PUr3LIC RECORDS j f) SCR1nI 1QN Tgnc Adiustm ,t 4/l/2008 , 11(2008 6/ 6'2008 _. s tom= - _ BAYSHOitE ARF_r1_ -. _{ RF S / CANAL -_ I�oc_ :2 Mile S_ 1 RF S ; NA _ r- oc_1J4 ✓tile S _ 3,0001 RES ; NA I Loc 112 Mile S 3,000 RES I NA _ _ —3,000 OT SIZE 8,580 SF 8 276 SF 6970 SF 8 276 Sr lmprm ed Lot IMPROVED LOT IMPROVED LOT VACANT LOT IMPROVED LOT SIMILAR USE -_ VR SUPERIOR 5,000 SIMII AR USE - /ONING RAZE 6 13WL_D -R3 CASH sales or Ftnancmg CASH CASH CASH — NoAdi i7��ai)_ i T. iMinns E 3000 — 'Plus X m. — s _32000 — — 3.DU_0_ - t - XIPfm tfinua S _ ' IndkarcC Valve i b e� 7 OQO �8 000 7D,500 Commcon.n Marto Dam: FLOOD ZONE AE 1200670582G D_A'rED 1_1/17,'2005 THE LOT IS IMPROVED W FH_A MOBLE HOME. UNIT A__ NOMINAL CONTRIBUTORY VAI.11E IS GIVEN'I O rl_iE_IMPROVEMENI_ THE VALUE IN 1i{1S APPRAISAL,IS FOR VACANT LAND. THE MARKET RANGE IS 571,000 TO S78,OW DOLLARS. THE APPRAISER WILL USETHF MIDRANGE OF 575,000 DOLLARS. Cot, .uand Gondmons ofApprais L ESTIMATED VALUE 1S "AS IS" FOR THE CURRENT MARKET CONDITIONS, ALL MARKET DATA CONSIDERFD BEST AVAILABLE AT THE TIME OF THE APPRAISAL DATE, THE SUBJECT PROPERTY IS VALLE AS VACANT LAND. THE SUBJECT PROPER , ' HAS A CANAL VIEW AND IS GTV .N A CONTRIPI "OPv VALL_'E OF S3 COD DOLLARS. K Final Re-- btnon. ALL V1ARKET ACTIVi i-Y INCLUDING ACTIVE LISTING S AND CLOSED SALES ARE TAKEN INTO CONSIDERATION THE AVERAGE OF THE _ADJUSTED NET VALUES OF Ti IF COMPAPLABLES_IS TAKEN INTO CONSIDERATION, AI_ONG_WT H THE_ M0S7_w 1CIIT ACI7.'G PLACED ON COh1YARABLES ft AND 93, I STIMA -. ,TI jTrFW[KF.T V� AS pFFIi�ED. 01`St1RJEfr TPROPERTYAt Oe AUGUST 14. 2,708 10 heS '!S OD� Aprrma<rts) ROOSEVF,LTLE :ONARD Rcsicw__Apjxassa {Ife�sPticab�_ _ Det< R�S� A Lt I d, 2008 a c Rr�at 5 ai sr,r.Ce = tit a RD- 003257 __ stat�FL — IILiDid Not Phy t=ally les= Pope=ry i , v1d Agenda item Cho. 16G1 October A 40Cf3 TEXT ADDENDUM File No. ORA 011' Borrower: COLLIER COUNTY I BUYER Property Address: 3258 LUNAR ST County: COLLIER City: NAPLES State: FL Zip Code: 34112 Lender: COLLIER COUNTY GOVERNMENT The five year sales history of the subject property is as follows; the subject property was purchased 3/2007 for $75,000. The adjusted market data demonstrates the market value is $71,000 to $78,000 dollars. The residential market is down in the Collier County an estimated 5% from Jan 2008. The subject property has a canal view that the comparables do not have, therefore the mid range of the market data appears to be reasonable. The subject property is valued only as vacant land. The improvements only contribute a nominal amount to the overall value due to the age; the buyer's intended use and condition of the improvements. ale 7 Df 25 COMPARABLES PHOTOGRAPH ADDENDUM Homer COLLIER COUNTY BUYER Property Address 3258 LUNAR ST City NAPLES _County COLLIER State Fl, Ztpcode Lender /Client COLLIER COUNTYCOVFRNMENT `ji✓i c i2ii "JO. i��1 Crc+. e r 4 2, 9333 CRA 011 Pace 'I of 23 34112 COMPARABLE SALE 9 I 2919 KAREN DR NAPLES Fl. N.APLISS FL Datc of Salc : 4112008 Sale Pricc 70,000 Sq. Ft. 8.276 S, Sq. Ft. 8.46 CONIP.ARABI.F. SALE q 2 1323EEPERS DR NAPLES FI. Darc of Sale 31 1.'2008 Sale Pnee 100,000 Sq Fr. 6.970 S Sq. r't. 14.? 5 COM PARABI.F SALE k 3 '932 Y-AREN DR N.APLISS FL I)= ,Bait (1 )(1!1008 Sale mn : 6 7.500 Sq. Ft ,_76 $/ Sq Ft 8.16 d6 — 6. .. 6 CO DLL Ljj Z 55 12 S - . I R I (1 1 1111 11 11 '� A , ",55"8 - G t 2 I gill it R a -90 M � 5 bi �,Mjz� a HAWN HMO;. VKH902 SIR, `0 W. I I R"MO—H 9HRUMOR9 4FIl J lfi, �iflljl, 'Ri SHHU H1 gill 19 HM.M3 19153 HJH HIM J� WPM S1 03 M =,o e:; a rein tae. 16G i 0-.to )er is Pane'? 2 Economic Characteristics Major industrial sectors within Collier County include services, retail trade, finance, insurance, real estate, agriculture and construction. Historically, employment within the County has been seasonal and largely attributable to a pleasant sub - tropical climate during the winter months, creating a seasonal -based tourist economy. Recently, however, Collier County's seasonal population has stayed longer thus adding in greater diversity to the County's economy. The County's unemployment rate was an average of 4.4% in 2002, contrasted with a statewide average of 5.5 %. The per capita income for Collier County in 1999 was $40,121, which is the highest in the State of Florida. The State's per capita income is $27,764 and the national per capita income is $29,451, respectively. Social Activities Collier County has within its borders a variety of social, recreational, and educational opportunities for its citizens and visitors. The County has 71 golf courses, and 11 approved, but not yet constructed golf courses. The County also has a variety of neighbcrhood parks, community parks and regional parks as well as beach and waterfront parks. Furthermore, Collier County is blessed to have some of the most spectacular state and national parks, preserves, and wildlife refuges in the Nation: the Big Cypress National Preserve and Wildlife Refuge, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Everglades National Park, Collier Seminole State Park, Rookery Bay National Estuarine Research Reserve, and Cape Romano-Ten Thousands islands Aquatic Preserve. Education (K -12) The Collier Coun y School Board provides public education within the County for both incorporated and unincorporated areas. The Strict ScMo� 1d County currently has 22 elementary schools, 8 middle schools 5 and high schools with a total student enrollment of 31,310. The number of students enrolled by school type is as follows: c hx 2002-2003 1999 -2000 School Type Enrollment Enrollment Elementary (K - 5) 18.021 15,911 Middle (6 - 8) 8,429 6,810 High (9 - 12) 10,576 8,589 Demographic Characteristics The census count grew from 85,971 to 152,099' from 1980 to 1990 with a percent change of 7M The census count grew from 152,099 to 251,3772 from 1990 to 2000 with a percent change of 65 %, while the State grew by 24 %, and the U.S. grew by 10 %. The County has an estimated population density of 131 persons' per square mile. From 1990 to 2000, Collier County's permanent population increased from 152,099 to 215,043 with a percentage increase of 42 %.' The annual growth is 5% and is anticipated to coc;inue at approximately the same rate for the foreseeable future. In 2000, the U.S. Census reported Collier County's median ace at 44.1 years, compared to the State's median age of 38.7 years, and a national median of 36.1 years.' A significant age disparity exists within Collier County. In 2000, the average median age within these selected Collier County coastal communities of Golder. Gate City, Goodland, Lely, Naples Manor, Naples, Pelican Bay and Naples Park was 48.4 years as compared to the inland farming community of Immokalee, which had a median age of 24.7 years.6 Realist Property Details For Property Located At 3258 Lunar St Naples, FL 34112 -6214 Collier County Owner Info: Owner Name: Daniels Dan Tax Billing Zip+4: Owner Name 2: Daniels Amy Recording Date: Tax Billing Address: 2370 Soccer Ave Annual Tax: Tax Billing City & State: Naples FL State Use: Tax Billing Zip: 34112 Universal Land Use: Location Info: Subdivision: Crews Panel Dale: Census Tract: 107.01 Flood Zone Code: Carrier Route: C006 Zoning: Flood Zone Panel: 12006705820 Tax Info: Tex ID: 29430240000 improved Assessment: AltAPN: 255700 75A13 Total Assessment: Tax Year: 2007 % Improv: Annual Tax: $997 Tax Area: Assessment Year. 2007 Legal Description: Land Assessment: $50,490 Lot Number: Characteristics: Lot Frontage: 60 Garage Type: Lot Depth: 143 Year Built: Lot Acres: .2 Subdivision: Building Sq Ft: 672 Last Market Sale: Recording Date. 0410112005 Deed Type. Settle Date: 0329/2005 Owner Name: Sale Price: $75,000 Owner Name 2: Document No: 3765 -87 Seller: Sales History: Recording Date, 04/0112005 04/00/1983 Sale Prce7 $75,000 $30,ODD Buyer Name: Daniels Dan & Amy Singer Ronald Seller Name: Singer Ronald Wibla Harold O Document No: 3775.5 =93 1017 -179 Document Type: Warranty Deed Warranty Dead Mortgage History: Mortgage Date: 0410 011 9 8 3 Mortgage Amt $24,000 Mortgage Type: Private Party Lender Page 1 of 1 Age-ld"a it i "11 INN. 'I-'-)'S1 0ct�j he- r 1 ° 2E"iti8 tPaoe 1 ": of 23 5849 0410112005 $997 Mobile Home Mobile Home 1111712 005 AE Rml- 6- Bmud -R3 $26,533 $77,023 34% 0063 Crews Lot 7 Or 1017 Fig 1703 7 Carport 1871 Crews Warranty Deed Daniels Dan Daniels Amy Singer Ronald The data within this report is compiled by First American CareLogtc from public and pri ,ale sources. If desired, the accuracy of the data contained berein can be independently verified by the recipient of this report with the apDlicable county or municipallty. http:// realist2 .firstamres.conilsearchbasic 8'15 /2008 er 3 CRA 011 The definition of market value in this report: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of this title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he 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 considerations 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 the seller as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be trade to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustments should not be calculated on a mechanical dollar for dollar cost ofthe financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the Appraiser's judgement." The foregone definition was taken directly from the Statement of Limiting Conditions form (FHLMC form 439 or FNMA form 100413, both dated 6/93). STATEMENT OF LIMITING CONDITIONS The appraisers certification that appears in the report is subject to the following conditions: I . The appraiser will not be responsible for matters of a legal nature that affect either the property appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has previously provided any required sketches in the ORIGINAL APPRAISAL REPORT to show the approximate dimensions of the improvements and the sketch is referenced only to assist the reader ofthe reports in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser wil'. not give testimony or appear in court because helshe made an appraisal ofthe property in question, unless specific arrangements to do so have been made beforehand. 4. The appraiser has noted in the ORIGINAL APPRAISAL REPORT any adverse conditions (such as, but not limited to, needed repairs, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection ofthe subject property or that he/she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the report, the appraiser has no knowledge of any hidden or unapparent conditions ofthe property or adverse ervironmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, expressed or implied, regarding the condition ofthe properly. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the ficA of criironmenta: hazards, the appraisal report must not be considered as an environmental assessment ofthe property. 5. The appraiser obtained the information, estimates, and opinions :hat were expressed in the reports from sources that he /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. 6. The appraiser will not disclose the contents cf the report, except as provided for in the Uniform Standards of Professional Appraisal Practice (USPAP). 7. The appraiser must provide his/her prior written consent before the lenderrclient specified is the reports can distribute the reports (including the conclusions about the property value, the appraiser's identity and professional designations and references to an)' professional 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; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality ofthe united States or any state or the District of Columbia; except that the lender may distribute the report to data collection or reporting services without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the reports can be conveyed by anvone to the puhlic through advertising, public relations, news, sales or other media. 8. The appraiser has based his/her reports and valuation conclusions for any appraisal that is subiect io completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed. 9. The appraiser has based his/her reports and valuation conclusions for an appraisal that is subject 10 completion, repairs or alterations on the assumption that the completion of the improvements wiil be performed in a workmanlike manner. Agenda Item No. 16G1 Gctcber 14. 2008 Pace 13 of 26 CRA 011 APPRAISER'S CERTIFICATION: The appraiser certifies and agrees that: 1. 1 performed this assignment by (1) personally inspecting the subject, in the manner as stated on page one ofthis update form; (2) collecting, confirming and analyzing data from reliable public and/or private sources; and (3) reporting the results on my inspection and analysis in this RESTRICTED USE report. I further certify that I have adequate information about the physical characteristics ofthc subject property and comparable sales to develop this report. 2. 1 have researched and analyzed the comparable sales and offerings /listings in the subject market area and have reported the comparables deemed to he the best available for the subject property in a sales grid which is retained in the appraiser's work file. I further certify that adequate wmparable market data exists in the general market area to develop a reliable sales comparison analysis for the subject property. 3. 1 have taken into consideration the factors that have an impact on value in my development ofthe estimate of market value in the reports. 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 ofthe subject property of which 1 am aware, have considered these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them, and have commented about the effect ofthe adverse conditions on the marketability ofthe subject property. I have not knowingly withheld any significant information from the reports and I believe, to the best of my knowledge, that all statements in the reports are true and correct. 4. [ stated in the reports only my own personal, unbiased and professional analyses, opinions and conclusions which are subject only to the contingent and limiting conditions specified in this form. 5. 1 have no present or prospective interest in the property that is the subject of these reports, and I have no present or prospective personal interest or Has with respect to the participants in the transaction. [ did not base, either partially or completely, my analysis and,`or the opinion o£market value in the report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants ofthe subject property or the present owners or occupants of the properties in the vicinity ofthe subject property or on any other bias prohibited by law. 6. 1 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 ofthe property. 7. I was not required to report a predetermined value or direction in value that favors the cause ofthe client or any related party, the amount of value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the assignment. I did not base the report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 8. 1 estimated the market value ofthe real property that is the subject of these reports based on the sales comparison approach to value. 1 further certify that 1 have considered the cost and income approaches to value and that they too were updated (if completed in the original report). The approaches to value are retained in the appraiser's work file since this is a RESTRICTED USE report- 9. 1 have performed this assignment as a LIMITED APPRAISAL, subject to the Departure Provision of USPAP that were adopted and promulgated by the Appraisal Standards Board ofthe Appraisal Foundation and that were in place as of the effective date ofthis assignment. 10. 1 acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value. The exposure time associated with this estimate of market value for the subject property is consistent with the marketing time noted in the ORIGINAL APPRAISAL REPORT. as referenced previously in this report. The marketing period concluded for the subject property at the estimated market value is also consistent with the marketing time noted in the ORIGINAL APPRAISAL REPORT. 11. I personally prepared all conclusions and opinions about the real estate that were set forth in the reports. I further certify that no one provided significant professional assistance to me in the development ofthis assignment. APPRAISER: Signature Name ROOSEVELTLEONARD Date RCPOrt Signed Al.G 14,2008 State certification h RD- 0032_87 Or State I_tcense k SUPERVISORY AP _. Signature Name Date Report Signed State FL . State Certification k' State Or State License # PRAISER (ONLY IF REQUIRED): – - - - - -__ Did Did Not I- , Propciiy State -- _ -- _ - ---State, s Details Property Record 4 Aerial Sketches Trim Notices Current Ownership Page I of I ,ua !, - a I irri ria. ` Parcel N0.1 29430240000 1 Property Addressf 3258 LUNAR ST Owner Name DANIELS, DAN =B AMY Addresses 2370 BECCA AVE Cityl NAPLES State FL 27 34112 • 5849 Lepli CREWS LOT 7 OR 1017 PG 1703 Secllon Township Range Acres Map No. Strap No. 13 50 _ 25 0.2 5A13 255700 75A13 Sub No. 255700 CREWS SUB M_ ills" Area '� Millaaa Use Code 2 MOBILE HOMES 63 12.9381 2008 Preliminary Tax Roll (Subject to Change) It all Values shown below equal D this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 44,550.00 Date P Book - Page Amount ( +� Improved Value S 24,002.01 04 12005 H 3765 - 87 $75,000.00 (_) Just Value $ 68,552.00 D4 11983 1017-1703 S 30,000.00 ( -) SOH Exempt Value $ 0.00 ( =) Assessed Value $ 68,552.00 (- Homestead and other Exempt Value $ 0.oO ( =) Taxable Value E 68,552.00 SOH ='Save Our Homes" exempt value due to cap on assessment Increases. The Information is Jpdated Weekly. httD: /h"'A"A-.Collierapprai ser.Com/R ecordDetail. asp ?Alap= &Foliolh= 0000029430240000 9/8/2008 Book 3765 - Page 87 Return to: MIDWESTTtTLE GUARANTEE COMPANY OF FLORIDA, LLC 3936 F. Tamiami Trall. Suite A Naples, FL 34103 (239)262.2 163 4533 VCCD Page 1 of 1 �,anda Stem tJo. 1�u1 October 14. 20,113 3587046 4R; 3765 PG; 4487 Page 15 'ot 2'6 IICO U it m1cl i He= of =111 Can Ii 0110112005 at 03:20!11 IFIM 0. BOOR, tLilt cols 75000.80 1K M Ill.$# DOW -,70 SI5.00 Rota: OIM57 TITRE PICI of WARRANTY DEED THIS WARRANTY DEED made th��day of —' 2005' by Ronald Singer, a single man hereinafter called the grantor, to [ran Daniels and Amv Dartich. husband and wife hereinafter called the grantee, whose post ofcc address is 3370 Berea Avenue Naples. Fl_ 34112 (Wherever used herein the terms "grantor" and "grantee" include all the panics to this instrumcnt and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNBSSETH: That the grantor, for and in consideration of the sum or $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, assigns, remises, releases, w conveys and confirms unto the gramac, all rhea certain land situate inCollier County. Florida, viz (Folio No: 29430240!100) Lot 7, Crews Subdivision, in accordance with and subject to the plat recordod in Plat Book 9, page 48, Public Records of Collier County, Florida. TOGETHER with all the tenements, heredrtaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple: that the grantor has good right and lawful authority to sell and convey said land: that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of ail persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004, and easements, restrictions and reservations of record, and casements and restrictions common to the subdivision. http:iIA -.A w.collierappraiser.com/viewer /Image .asp ?Perce nt =& ImageiD =37 i 290 9/4/2008 !f1 J iv �J DO a c a� °yom 3.ego�5a q O 88 OV q --w", 0 O E W L C E� ~ie C O 3 r� 7 > CL ? 7. E > 8 t� d pp 1N � C CO C 0 C d a ac o 02 � � m a E�� =E: c= c I o =oE a o`C —bG C;3� a8 o �I ma Mgg oL �� Eaa=r'a f� C O C 3 E a' m , 5 c. c -00> ' E o E >. ao v o c m E E q E`a E �e E TN�n+rr� 4 'R 4.44.0 L V NNCV NTI � G4 V L O r C C V O G ,= C4 ri ui td n ao w 44 i I1 CD F O m 1 P m Om O E ttf h .� T L L cc ra 0 > >� R' qr L co N N O T O o Gm CP �v 3 R T N r UU8 J m U. t� d pp 1N � C CO C 0 C d a ac o 02 � � m a E�� =E: c= c I o =oE a o`C —bG C;3� a8 o �I ma Mgg oL �� Eaa=r'a f� C O C 3 E a' m , 5 c. c -00> ' E o E >. ao v o c m E E q E`a E �e E TN�n+rr� 4 'R 4.44.0 L V NNCV NTI � G4 V L O r C C V O G ,= C4 ri ui td n ao w 44 i I1 CD F O m a ri P m O ttf h T L L cc R' qr L co N N O T O o Gm CP �v 3 T N r T osp Nr:CDN N a0 i 1 i i i i L,genda item Na. 15G1 October 14, 20'-03 AGREEMENT FOR SALE AND PURCHASE rc 17 of 26 (FOR RESIDENTIAL LOTS FOR CRA WITH MOBILE HOMES) (WHERE MOBILE HOME WILL BE REMOVED) THIS AGREEMENT is made and entered into this / 4//4 day of �1,4e?..2008 by and between Dan Daniels and Amy Daniels, husband and wife (hereinafter referred to as "Seller"), and Collier County Community Redevelopment Agency, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller owns certain improved property located at 3258 Lunar Street Naples, Florida, and more particularly described as Exhibit "A" which is incorporated herein by reference, together with all buildings, structures including mobile homes and improvements, fixtures, built -in appliances, refrigerators, stove, dishwasher, washer, dryer, ceiling fans, floor coverings and window treatments (hereinafter referred to as "Property"), and the personal property, if any, as listed on the attached Exhibit "A ", free from liens; WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seiler is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A ". 1.02 Seller's offer to sell the Property as represented b this Agreement will remain in effect without revocation until 5:00 p.m. on Vt,fo6r ril/ ;2008. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be Seventy Five Thousand Dollars ($75,000), U.S. Currency payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before 90 days, following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attomey's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in 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. Initial Buyer lnitial5eller`� / M Such other easements, restrictions or conditions of record. Pace 3.0112 Combined Purchaser - Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 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 and /or title company. 3.0118 Certificate of Title or other documentation to transfer ownership of the mobile home located on the Property. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Purchaser or Title Company verges that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Purchaser or Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA 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 Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be 2 fnitia! Buyer 1� �,.y ^l Indiai $elier_1J ,rte.. Age,naci IteM i"'0. 1661 October 1 1. 211003" P aye 1 of 2'6 obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, 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 said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A ", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 4.014 Seller agrees that all tenants will vacate the Property prior to closing and that the Property and all habitable structures will be free of garbage, debris or personal property. The mobile home on the Property shall be broom -clean and in good condition. Buyer has the right to inspect all properties the day of closing to confirm. Failure to convey properties by Seller as described in this paragraph will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (30) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. VI. INSPECTION PERIOD 8.01 Purchaser shall have ninety (90) days from the date of this Agreement, ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 3 Initial Seller.�� J_ jr, 1ci a n Nc. `iG 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 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 of 2008 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and /or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek spec performance of this Agreement. 10.02 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 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 Sellers sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent 1(N of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and 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. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be aranted, to n reasonable sum for its attorney's fees, paralegal charges and aft fees and costs for 9 IInhia Buyer Initial Seller b rlg --nda Item No. 16G1 October 14, 2003 appellate proceedings in such litigation or other action; which sum may be determine9 -? 21 of 26 by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 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 connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 11.013 The warranties 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 performance 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 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. 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 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. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that 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, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are 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 substances are or were located on the Property at any time during or prior to s Initial Buyer 1 ` InBie! Salver— { ;1— "en,4a Hem Nlo. i,3 1 �c+o IL) C i c_-i'_i 3 � ale 22 of 26 time during or prior to Seller'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 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. 11 .0 19 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or 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 Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11-023 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 not deemed satisfied by conveyance of title. 11.024 Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. E Initial Buyer il� 1 India! Seiier Agenda :ern No. 1661 Ociober 14, 2003 Pane -3 of 26 11.025 Wier has no knowledge of any mold remediation having been performed on the Property. 11.026 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 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: If to Purchaser: Collier County Redevelopment Agency Bayshore /Gateway Triangle c/o David Jackson, Executive Director 4069 Bayshore Drive Naples, Florida 34112 With a copy to: Jeff Klatzkow County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail ease Naples, Florida 34112 If to Seller. '?370 e'e-C'C' Cku� ['�C► Pit 6, F4 3yi /.2 With a copy to: 12.02 The 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 purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS Initial Buyer Initial Selleri� n Nlo^. 1V 14.01 This Agreement may be executed in any manner of counterparts which together'-� �f6 shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor 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. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 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 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. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer' to purchase represented by this Agreement is subject to acceptance and approval by the Collier County Community Redevelopment Agency. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and • dated by both Purchaser and Seller. Time is of the essence of this Agreement. Initial Buyer {� Initial Seller 1 �l IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO SELLER: DATED: g'S'ES: igna ure) A rioted Name) (Sigffature) NEIE1� �. ( DEG (Printed Name) Approved as to form and legal sufficiency: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: Donna Fiala, Chairman BY: V � '-/ b (Printed Name) BY: (Printed Na OWPleaae FVeidi Ashton -Cicko Assistant County Attorney Initial Buyer India! seIL-r-I)w Ag4%nda !ern No. 1611 0--fot,er 14. 21008 Page 2 5 of 25 EXHIBIT «a„ Lot 7, 7, CREWS SUBDIVISION, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 9, PAGE 48, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO #29430240000 ,r Initial Buyer Initial Seller