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Agenda 03/25/2008 Item #16G 2 Date: Item # Agenda Item No. 16G2 March 25, 2008 Page 1 of 27 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CR;\ 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 CR;\ Fund 187 in the amount of $65,000 plus cost and expenses to complete the sale of subject property. Site address: 3105 Karen Drive ($65,000). 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 $65,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3105 Karen Olive (65,000). BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and mWlieipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. Bce 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 arrest 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: I. Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page lV-20) 2. Bayshore Neighborhood Focus Initiative (NFl): 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 from the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFL activities as presented on llIustration IX-14 (Exhibit A): . Site acquisition and infill housing (Illustration IX- I 4) . New multifamily housing (Illustration IX-14) . New single family housing (Illustration IX-14) ~ Date: Item # Agenda Item No. 16G2 March 25, 2008 Page 2 of 27 CONSIDERATIONS: As eited 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 vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff idcntified stressed locations that had high crime rates or multiple Code Enforcement problems and blightcd neighborhoods where substandard or aged housing existed. Following the example of other CRAs 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: I. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Dcmolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected Door 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. Ms. Mary Willkomm visited the CRA office on February I, 2008 and offered to sell property she owned in the Bayshore arca for $65,000. 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 residential-infill) to detem1ine the value of the site she wanted to sell. The appraised value of the property as determined by an appraisal dated February 5, 2008 valued the site at $80,000.00. On February 14, 2008 Ms. Willkomm signed the Agreement to sell the CRA the mobile home lot located at 3015 Karen Drive for $65,000.00. This offer was accepted by the Executive Director, contingent upon CRA Board anproval, 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 propeliy 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 home 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 High Hazard Area (CHHA). Therefore. the CRA Loeal Advisory Board recommends the CRA Board approve the purchase of the subject property with CR..... 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. 2 Date: Item # FISCAL IMPACT: Funds in the amount of $65,000 plus cost and expenses to complete the sale of subject property (title insurance, attorney's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Fund 187. Source of all funds are in Fund] 87 tax incremental finance revenues. Agenda Item ~~o. 16G2 March 25, 2008 Page 3 of 27 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. RECOMMENDA nON: 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 Chairn1an 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 March 3, 2008 Project Manager Bayshore Gateway Triangle Community Redevelopment Agency 3 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16G2 March 25, 2008 Page 4 of 27 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G2 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 eRA Fund (187) in the amount of $65,000 plus cost and expenses to complete the sale of subject property. Site address: 3105 Karen Drive ($65.000). 3/25/2008 9:0000 AM Prepared By Jean Jourdan Community Redevelopment Agency Project Manager Date Bayshore~Gateway Redevelopment 3f4f2008 2:51 :04 PM Approved By Jean Jourdan Community Redevelopment Agency Project Manager Date Bayshore~Gateway Redevelopment 3/4/20082:50 PM Approved By David Jad'-5on Community Redevelopment Agency !::xecutrve Dire::tor Date Bayshore-Gateway Redevelopment 3/11/20083:44 PM Approved By OMS Coordinator Administrative Services Applications Analyst Date Information Technology 3/11/20083:46 PM Approved By Mark Isackson County Manager's Offfce Budget Ana!yst Date Office of Management & Budget 3/14120084:31 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/15/20089:10 AM file://C:IAgendaTestIExportll 03-March%2025, %202008116. %20CONSENT%20AGENDA I... 3/19/2008 AGREEMENT FOR SALE AND PURCHASE (FOR VACANT RESIDENTIAL LOTS FOR CRA) AJs~da item t-,Jo. 16(32 ~ Mar:h 25, 2008 Page 5 of 27 THIS AGREEMENT is made and entered into this '-'- day of ; by and between Mary E. Willkomm, a married woman as Grantors, whose mailing address is 227 Guifshore Boulevard South, Naples, FI 34102 (hereinafter referred to as "Selle~'), and Collier County Community Redevelopment Agency, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property located at 3015 Karen Drive, Naples, Florida, 34112 (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the cond~ions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the 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: I. 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 offers to sell the Property as represented and this Agreement will remain in effect without revocation until 5:00 p.m. on March 26. 2008. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Sixty Five Thousand Dollars ($65,000), US. 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 ninety (90) days, fOllowing execution of this Agreement by the Seller, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney'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 t~le standards adopted by the Florida Bar and in accordance wrth 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. (b) Such other easements, restrictions or conditions of record. 1 '"''',' s"""MJ _.____.__._ Agenda Item No. 16G2 March 25, 2008 Page 6 of 27 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration. Owner's and Non-Foreign Affidav~," as required by Section 1445 of the Intemal Revenue Code and as required by the t~le insurance undelWriter 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 Intemal 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 t~le company. 3.0116 The Property shall be free and clear of any improvements and debris. 3.0117 The water meter shall be removed from 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 negotiabie instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Purchaser or Hie Company verifies that the state of the t~le 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 attomey's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Fiorida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 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 w~hin 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 mie an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form 8-1970) covenng the Property, together with hard copies of all exceptions shown thereon. Pur~haser shall have thirty (30) days, following InltiitlSel1&_W ____ _~__ receipt of th~ tnle insurance commitment, to notify Seller in writing of any objection to litle other than hens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the tnle unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. /'.;j8nda i~sm r~o. i 6G2 f'/iarch 25, 2008 Page 7 of 27 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Selle~s title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchase~s objection to We, Seiler shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for iiens 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 n 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 Exhib,t "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. V. APPRAISAL PERIOD 5.01 Purchaser shall have fifteen (15) days from the date of execution of this Agreement (Appraisal Period) by the Seller, 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 resuns of the independent appraisal(s), Purchaser shall deliver to the Seller wnhin 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 ns 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 6.01 Purchaser shall have sixty (60) days from the date of execution of this Agreement, ("Inspection Period") by the Seller, to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnonnal demucking, soil stabilization or foundations. 2. There are no abnonnal 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. 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 3 Inilia!Seller~) Agenda Item No. 16G2 March 25. 2008 or to termi~at~ this Agreement. If Purchaser fails to notify the Seller in wrtting of its Page 8 of 27 specific objections as proVIded herein within the Inspection Period. ~ 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 tenninate 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 perfonning 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 Purchase(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 ent~led 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 perfonn any of the covenants and/or agreements contained herein which are to be perfonned 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 tennination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific perfonnance of this Agreement. 10.02 If the Purchaser has not tenninated this Agreement pursuant to any of the provisions authorizing such tennination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perfonn 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 Selle(s sole remedy. Seller shall have the right to tenninate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon QDg percent (1%) 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 liabil~y or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Selle(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 detennined by mutual agreement between the parties. and said sum was not intended to be a pena~y 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 granted. to a reasonable sum for its attorney's fees. paralegal charges and all fees and costs for appellate proceedings in such titigation or other action; which sum may be detennined 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 4 In"" S~\MLlU2<.) ,t..::'jC~i.lc~a ~em (.JO. i 6C;2 J r\,':ar::.:h 25. 2008 . . Page 9 of 27 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 perfonmance and discharge of every agreement and obligation on the part of the Seller to be perfonmed 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 instrumental~y 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 tenms of this Agreement. 11.015 No party or person otherthan 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 Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfii/. ~ 1.018 Sell?r ~as no knowiedge that the Property and Seller's operations conct::o ling me t-'roperty are tn violation of any applicable Federal, State or Jocal Agenda Item No. 16G2 March 25, 2008 ., Page 10 of 27 statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any iaw, ordinance, code or reguiation 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. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 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, fonmal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perfonm hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in wrtting 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 cond~ion 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 physicai 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 cond~ion of the Property. 11.022 At the Ciosing, 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 Selier 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 federai, state, local or common law relating to poliution or protection of the environment which shall be in accordance w~h, 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 Any loss and/or damage to the Property between the date of this Agreement and the date of Ciosing shall be Seller's sole risk and expense. 6 tnillal Seltar__'0l~/ ~-- ~- /\;;enda ilem No. 16G2 Marcil 25, 20Ci8 Page 11 of 27 XII. NOTICES 12.0.1 Any notice, request, demand, instruction or other communication to be given to either party hereunder shali be in writing, sent by registered or certified mail, return receipt requested, postage prepaid, addressed as foliows: If to Purchaser. Collier County Redevelopment Agency Bayshore/Gateway Triangle clo David Jackson, Executive Director 2740 Bayshore Drtve Naples, Florida 34112 W~h a copy to: David C. Weigel County Attorney Office of the County Attorney Hanmon Turner Building 3301 Tamiami Trail ease Naples, Florida 34112 If to Seller. Mary E. Wilkonn 227 Gulf Shore Blvd. S. Naples, FI 34102 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 hanmless from and against any claim or liability for commission or fees to any broker or any other person or party ciaiming 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 14.01 This Agreement may be executed in any manner of counterparts which together 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 '1 Inrlial sel1eJ}j?iJ Agenda Item No. 16G2 March 25, 2008 Seller. Any amendment to this Agreement shall be binding upon Purchaser anlage 12 of 27 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 tenms 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 ~ 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 ~ 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 hoids the Property in the fonm 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 w~h 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. a IniliarSeJler~ IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecVAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO SELLER: DATED: ..2) N /OY , I WITNESSES: ~~ ("lur CI~ (Printed Name) _r~\)~\)cC~j (Sma -.J w,//LJ11m ~_ (Printed Name) Approved as to fonm and legal sufficiency: ~I~ eldi F. Ashton Assistant County Attorney COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: TOM HENNING, Chainman BY: 9 InitiClISellerJ!::10_ ~--- Itern ~~o. 1682 L..1arch 25, 2003 Paqe13of27 .L\genda Item No. 16G2 March 25, 2008 Page 14 of 27 EXHIBIT "A" Lot #7, Tarpon Mobile Estates, an unrecorded plat, more particularly described as follows: Beginning at the Northwest corner of Lot 100, Naples Groves and Truck CO's Little Fanns No.2, according to the plat in Plat Book 1, Page 27, Public Records of Collier County, Florida thence south 89 degrees 26' 40" East 356.81 feet to the Point of Beginning; thence South 89 degrees 26'40" East 80 feet: thence South 00 degrees 09"50" West 139 feet; thence North 89 degrees 27'00" West 60 feet; thence North 00 degrees 09'00" East 139 feet to the Point of Beginning. Lot 100 of Naples Grove and Truck Co's lillie Fanns No.2 Subdivision and lot 100 of Naples Groves and Trucking Co's Lillie Fanns No.2, Section 23, Township 50, South, Range 25 East, as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida are one and the same. lO Initial Seller nj,J SUBJECT PHOTOGRAPH ADDENDUM ;\genda item No. 16G2 March 25, 2008 Page 15 .of 27 0053 r--- I I BorrowCf COLLIER COUtJlY i BUYER __ ____________ Propo.'1lY Addres~ )015 KARE'\I DR FOI.lO#6183912[JQQJ!CJ.JRR~.N'rO~,;,{J::!U~ MARYE_Y/1I,]:.:.OMM___ City !\AP"'_~_S _ ___Jounty !:OLUER Slate .!::1__J.ipCode 3ilg u::nderlClient _q)LLlE~ ~DENTY GOSr;!ili.!\.1E't'-;T FRONT OF SUBJECT PROPERTY STREET SCENE Agenda Item No. 16G2 March 25, 2008 Page 16 of 27 APPRAISAL AND REPORT IDENTifiCATION Tlils Appraisal Report Is a.ne or Ihe following types: o Sell Contained (A wril1en report prepared under Standards Rule 2.2(a) persuanllo Ihe Scope of Work, as disclosed elsewhere In this report,' ~ Summary (A wlltlen report prepared under Standarr:ls Rule 2.2fb), petsuanllo the Scope of Work, as disclosed elsewtJere in this report_) o Restrft:led Use (A written report prepa/ed unoer Standards Rule 2.2(c), pcrsuanllo lhe Scope of Work. as disclosed elsewhere in lI1is report. reslrlcted to the slated inlendedusebylhllspecilied clienl0rinle ndeduser.) Comments on Standards Rule 2-3 IcertiIYlhat,101Ilebesto'lTT)'know~g!andbelief. -IIleSlil1erTMntsollactconlaioedinlhtSfeportarelrll!andcOlrect. -lhereported af\alyses, opinians, andconcPJSlons are limited ooly by lhelepo rtedassumplionsandbmilingcoOOilions3ndarernypersOIlal,impartial,andooblasedprofessiolla! analyseS,Opinions,andwncItJSions. -lhaveoo(orl~specifiad)preserl:orprospet:tiveinlerestmlhepropet1Y thaI is Ihesublcct o!lhis report and fIO{or the specffiedj personal interest wffhrespetttolhepartJes ,"",olved. - I have 00 !lias with mpecllo the property lnal is the s~bject ollhis repllfl Of 10 the parlies illV(JIVed Wllh l~.is assignment. - my engagement in lhis assil;rnmenl was not cortlrl\lent upun developing or reporting predelermmed resu~s - my compensation lor comp~ing ttws asslgnmef11 is not corl:ingenl upon thedevelopmen/ Of rejKJf1lr.g oj a pjed~lermined value OJ dlreclkln in ~aIUe thaI !avorslhe cause 01 Ire clfllrt, Iii!! amounl 01 t~ val~ opinion, ll>E anainment or a stipulaled resu~, or lh!! OCCLIfleoce 01 a su~sequenl Mnl direclfy relaled 10 tlJ!! inle'nde.d use or tIis appraisal, - my analyses, opinitlllS, and COllciusions were developed. and tl15 report has been pIepared, in conlormity with the Un~orm Standards 01 Professional Appraisal Prat:tice. ~ I have (or h:lVt' nol) made a personal inspection of llie property lhal 151he subject olllns report ~l more than one pl!ISlln signs Ims certWicalion.!he certification ITijSj cle.arlV spec~y which individ\Jals did ~nd wrich indivkluals did oot make ~ personal inspecltlJn 01 the appraised property.) -no one pfO\lided slgnificalll rnlprop!i1yapplaisal assislallCe 10 the pe rsonSlglllngthiscerti1ication 1II1IlereareexceplJOns,lhenameoleachlfldividllalplovidingsignrlicant real propel1y 3DfJraisal assistance fTlIst be stated.) LAND APPRAISAL REPORT BolT(>....... C:OLLlERCOlJNTY IBUYER ___ Cc:n~u.\TrlCl 107.02 MlIpReftrence PropctyAddl.... 3015 KAREN DR FOLIO #6!839120006 CURRENTO\V1'\ER IS MARY F. \VILKOMM. City NAPLES Counl}' COLLIER SWC [I. ZipCodo lilJ2 lcgoIDescriprion NG~TCLFN02 2] 5025 E60n OF W416,81FTOFNl39FrOF LOT 100.' ----- Sale I'riu S 65000 Dale of Sill: 2/2008 Lc>~~mn ~_ yrt ~'~ghl'Aprn>sed lx.jF... ;_;u.as.ol>old ~DeMinimi$PUD A4"tu&lRcalEo>ateT.....S __L2Q..1 (yr.) LaaJ, dlorge> lObo pIld by sell.. N/A OIheroalt$<:onc...ion. OWNER TO REMOVE MOBILF nO\1E l=oJoooICl,en( COLLlERCO_U_~IT GOVERNME}.;T Mill... 3301 E TAMIAMI TRAIL NAPLES FL 34112 TE!\ANT A oj ROOSEVELT LEONARD Eo;;l1l\ TED FAIR MARKETVAUIE Locati<m X Urban SuWrbm RoraI <;;ood BWhUp X Ovro-H% 2S%to75% Undc;2''l'o F.nlploo,.mcntSw,i~1)' :X OrowthRau f-:hUyDe.. _ _,Ropid Slelldy lLslow CO"''CJI,t:I1'''' 10 EmPW)'TIlCIII ,X PtopcllyValuco L:tncre..ins X Stabl. l..__'Dechrnn~ CO"~"'.;"""lC>ShOW;"" "-"'''''',., LjShorfo.&e X I" BaI&n"" L. 0.... ~uppOy CO,,,t:I1ienge to School. lIIork<tingTim< . "UndorJMo. X .-IIM.,. L.-:o."'~M"" Atleq""'Y""'ublu.:TnUl'I",naM.. """""'! 21-0/0 I F.""ly _ %~-4 f""uly _ %Apl., _ % Condo ~ ',.Co"""",,"&! Rccrcah""a1I'",Wico LlndU>C.; 'V.lndUSll'ial 2 %'1",,",,1 % Ad"'1uacyofUolifil;S C'hanf,Ornl'I"""'IIAIldlJ.c D~I.J..ely Ciu"~elY ~[J;:~::;';~-:) ProjJCltyCompatibialy (")r,,,,,, To I'roICCUOIl&omDarimen<.alCondll.o<u OOOwns LJTonom . %V.alO.aIll F'ohe<:andFlrePrMoo:,;on S ___-----.lQ~'os ___~P'odomin3ll1ValueS t4 ~APJlCllf""""ofP,ope<ri.. ~yr._tol.i...----.Y'.,Prodocninan'l\gc 20 yrs FileNo. 0053 5A23 /\g3n~a :t8;-]1 No. 15G2 f,~arch 25. 2008 Pa'de 17 of 27 ;x i -XJ x; ~ ~ L PRldominmllO=lpaDcy Singlc:FomiIyPnttRar!ge S;"l!kFa"'i1y A~e C""...ent> inoluding lho...lictOfi, €a~()fable ()f .:d.~",obIe. off""""g """~etaljli'y Ie 8 rru1ili< par.., .drool.. .iew, om"") SEE ADDENDUM DitJlEll.ii""" 60 X 139 7.<mingCL>,..di".rion RESIDEKTlALI MH-R3 lligloorl....J 8051 UK l2lPrer.aJlU:<e I '00.,.1, ,tv Pu~'e Otller(Deocrio.:) OHSITEIMPRO'.'D.1F:"TS Top<> SLI9JjI!-X_ELJ~YJ\JED -Xl Stroel Add=> !XlPobiie ----,l'n~"'e S".e TYPICAL FOR THE AREA ri X---'.' --- Surf.... 6-_~IjALT Shape RECT ,_____ .---, M"'~IIll"" lput1k, DPm",e \'lew RESIDENTIAL San_Scw... lKl _ AStom,Se",., X,CutblGoner :r.",l~e APPEARS TO DE ADF. Llulld.'l!<ou"d r.Jec, & leI X I 1,'I"'rnnr<tt\'l<>car<<Jm.mlDld""tif\edSpe<:lalFloodHanrdAna? [XiNo Y.. Comme,n.(fml<able0' onf'~o<abl< inoludin!llllyaprorr:nr ad~c:n.e or.r:mm'"em:rnachm<n"oro<h",wl~<:l"'C<lud"'o"" 1\0 S~iEYEy'.liA V AILABLE AT THE TlME OF .~ TH1S APPRA1SAL. HOWEV~ TI:I_I::_Rf. APPEARS TO BE NO ADVERSE EASE.\1E\JTS, OR f.NCI{OACH\1E:~'-r:~ QTHER THAr\ TYPICAL .~ UTILITY EASEMENT~. , 8340 Com...Lol LKJao LiDo NO! ConfomJ 10 ZoWll& Re&W&iOM P'"""nllmpro~.lU.m. ,~ a.. w.. 1 The u"dcr>igncd ill ,"'!tool th,,,, '<>Cenl <Ill", ~fpr"pe'uc.,tn05l .>mIl., and jIo""","" to ,he .ub)<C1 ""..I Iue. 10 be ",-,,,,,,1.'00 Ih... in the mark", ."aly,i. The <1<501";1'110"._ indud.. n d"lI... ; adJlI.<1Jt>m" ",r.o;:tul! mm~' "".cI10n '0 tho.. "om; nf<l8Jl,licanl ~""a.IKl<< ~ tioo ""'''.IeClllr1d comrwable I',orcn"'_ If.. "plli"",\ "em m rhe o~rq:>arable propo<ty" .upenor to, or moro f..-o"",lethan'U!;>JocIprOpr:rt)-,atmn.usi',>adJUSttncJll l,madC, u'u, ,<:<Jucml\ , loe,o'b<:-a'cd,aJu.ofthe'ubJ<<'1.,f'''l''ufiuu"u,"",nlll.e<>mp&rablec' mf T' IT!':M Addre.. 101~ NAPLES FI Sub ed Pt ('OMPIIRAnLf NO \ 3001 KAREN DR NAPLES FL SAYlE STREET ('OMPARAn:J:NO 2 , 3252 LUNAR ST r _\bJ~,t_SJ~____ li8 MILE NORTH P",xjmj~}Ib~ S81e'Pn~ S 6~900 ~~~:~~~~-.~~t _... 7.79 . Data SOl"'" I".UBLlC RECORDS , , TAX ID#61 113940000 1 __IQQ,OQO 11.99 , , TAXID~294)0320001 COMPARABLE NO 3 4011 NEW MOON CT NAPL.ES FL 1/8 \11LE NORTH 90.000: '~"4r.. ,,;>;'. s 65.000 8.61 s 7.79 TAX 1D~~_JJ5HOO(9)_ KAREN DR 341\2 o.reofSaleond ___Q!;KlYmON S .RIPTi-'1'j _~i.JM14'l!1>0I)1 I)ESCRJPTION _ __:lQ,QQP .5flQQL_ _ RA YSHQRI;: MOIm-E llMi RE 0.24ACRE -15 000 VACA~T AVAILABLE .U.ili!i4'-'!)1~! RE~li;;Rl.ITlO1:' ..11 <11' T"""Adustmenl /2008 0" [lA YSHQRF AREA S1telV,~_._..._. ~Q8[LE HM;' RES LOT SlZE 0_19ACRE Vacant i Occu ie alued a~ ify~c<l)lJ___ L:TIUTlES _ CTILITIES A V ~~ ~f~QQ..___ SA YSHORE MOBILE HM;' RE O,19ACRE QQ:~l)J~lE:Q _A V AILABLE -10,000 6!2007 BA.':(SHORE MQJllJ,.E H\1IRE 019 ACRE OCCUPJfJ?___ A V All.ABLE .__...:11.000 S.l<.,.",FifW1c,og Canc=",". 15,000 "etAd 01al IndicalalVaJuo o ru-"'" Comm.r",."dConL1ihon'ofApptai<lll ESTIMATED VALUE IS "AS IS" ADJUSD1E:-ITS J\1ADE FOR \1ARKE"! TIJ\'1E DUE TO CURRENT MARKET CONDlTIO~S BE1l'\G DOWN ABOUIH'Yof_RQM A.YEAR hGO. THE rv1ARKET DATA CONSIDEREQ.BE~IAYA1LABLE AT THE TIME or THE APPR;\ISAL DATE. THE SUBlEt-I PROPERTY IS IMPROVED--,-HOWEVER NO V ALL;E IS GWF,NTO THE_ [\.1PROVEMENTS DUE TO THE O\VNER WILL CLEAR 1lH AT THEIR o\'VN EXPENSE, FinaJ Rowooilior,oo ,:\.Jd. MAJ~&ET A<::..lJYJD::_Jl'!.(LUDrNG ACT1VE LlSllNG S AND CLOSED SALES ARE TAKE>.! INTO CONSmt.R,~TLQN _ TIn.; JMf'RP)!EME?\.TS HA VE ~Jb)MN.J;{JJ'..ITRlH~}T(J~Y _Y~JJJES_ANn ARE 'NOT CONSIDERED. ,~ A",,,,;..,r.\ ROOSEVEJ:T L[O~A_R!)_ ~ : O;STIMATE nIeMARKCT~l;'. A~9fl'lr<El), (J!- ~i)RJf'CT PROPERTY ASOP "''"'~....-~''~ l'I;.~.l..1lli11.: 'oboS~(){} . Q!I!.Bn-':>r1S'E""'t Flli'I5. 200L_____ , ~mifl,"'~OIl~ RD..()0321!7 - "'orSrarol_;o<11"'_ -- ~ --------- !'~"..^~.i".,.,.~f='ii""~ic' . [];id p"'~"P<'.!l5jg,~__ __,5~FL_.. S~('.._titi".,'''"# Sl~'e O'S\." Lice"",. L..JDidN01Ph~-::I;.'ln'"",,,~openy SIlI(. ~~... COM PARABLES PHOTOGRAPH ADDENDUM Agenda Item No. 16G2 March 25, 2008 Page 18 of 27 OOS3 AOrTowcr COl.LlER COUNTY I BUYER __ ,_,._._____"___,~_ P,-opert)' Address 3015 KAREN DR FOLIO #61839120006 CURRENT OI,VNER IS MARY E WILKOMM City l..;'APLES COWlty COLLIER .__~Stillc ~ZjpCode Lender/Client COLLIER COUNTY GOVERNMENT llli.f_~_ -.-. '. '..,. . ,"' ..~ ... .....~".:.~- g ---Ul~~iL" COMPARABLE SALE # I 3001 KAREN DR NAPLES FL DateofSllle: $ale!>rice Sq,Ft $/SqFr. 3/2006 100,000 8,340 11.99 COMPARABLE SALE # 2 3252 Ll]l\;AR Sf NAPLES FL DalcofSlIle 5/2007 Sille Price 90.000 Sq. Fl. 10.454 S/Sq_Ft 8,61 COMPARABLE SALE # 3 401] NEW MOON CT J\'APLES FL Dale of Sale : 6/2007 SalePTic.e 65.000 SqFt lU4Q $ i ~q_ Ft 7.79 Aqenda item ~~o. 16G2 - Msrch 25, 2008 Page ,9 0127 )) EXTENT OF THE APPRAISAL PROCESS (SCOPE OF WORK): Legal description of the subject property was supplied by client or determined from public records, or both, and is assumed to be accurate. No additional verification of legal descripLion was made by appraiser. Unless noted elsewhere in the appraisal report, the primary appraiser signing the report has made an on-site inspe<!ion of the subject lot. If the subject property or development is proposed or under construction, site description, project specifications, brochures, or subdivision docs supplied to appraiser may have been used to ascertain property details. Data in the appraisal may be collected by the appraiser from a variety of sources including, but not limited to: public records, MLS services, or other identified sources, as well as inspection of the subject property and neighborhood. The original source of the market comparabl!"'s used in the report is shown in the Data Source section of the market grid along with the Source of confirmation, if confirmation is available. The original source of the data Is presented first. The sources utilized for data within this report are considered reliuble. When connicting inFormation was provided, the source deemed most reliable has been used, Data believed to be unreliable was not included in the report nor used as a basis For the value conclusion. The Reproduction Cost is not applicable in the valuation of a single vacant building site and was not included in the appraisal for that reason. V<lcant single family homesites are not typically held for rental and lherefore the Income Approach is not considered to be meaningful in the valu<ltion of a residential homesite and therefore the Income Approach was not used. ~> INTENDED USERrS)fRELIANCE ON THIS APPRAISAL BY OTHERS: This appraisal was perforrned at he request of, and for the express use of, the lender/Client indicated on page one. Reliance by others shall be limiled to the intended purpose of tile original client which was for possible purchase of subject by County Government. Any other use of this appraisai shall be deemed an unauthorized use. " ELECTRONIC SIGNATURE STATEMENT: If this appraisal has been transmitted electronically or via PDF file, the Appraiser aCknowledges as follows: The software utilized by Appraiser La generate the appraisal protects the ,appraisal Integrity and .signature security by means of a digital security feature with password for each appraiser sl,gning the report, If thiS :eport has been transmitted as a PDF file, Adobe's Distiller software, with password secunty enabled, has been utilized to create. an. cncryptl"d pdf-formatted appraisal. This software secures data from editing by means of a password that remains In the sole control of the transmitting appraiser. ~ For any appr-aisal delivered electronically, the Appraiser is only responSible For the integrity and authen.ticity of data and signatures if the appraisal has been delivered dir_ectly to the client from the AppraIser. The Appraiser cannot be held responsible for any breach of data security or failure of the data mtegnty If the file has been ~assed on to a third party once it has left the Appraiser's control. Such thIrd party c1rents are adVIsed to confirm .hat Lhey !lave received a true & correct copy of original appraisal. fUTllllMlD - .Winl01AL.applalsa~ softwale uJ' a la mooo, irJC. - I BOQ-ALAMODt Agenda Item No. 16G2 March 25, 2008 Page 20 of 27 ~cope of work (cont) The Community Redevelopment Agency (eM) has targeted a certain area in East Naples for redevelopment. The eRA program purchases mobile home Jots, that are -..:acant and improved with mobile homes and remove the homes, while paying market value, for the land and paying additional relocation expenses, that are not apart of this appraisal. There is no threat of condemnation or any other Government actions. The transactions are arms length and the eRA program has presented an offer that they thought was . reasonable and the property owner accepted. The contract price has no bearing on the estimated market value. The Appraisal instructions, is to value the lots as if they are vacant. Property owners are paid relocation fees and expenses, Neighborhood Analysis The subject property is located S ofTamiami Trail E, E of Bayshore Dr., N of Thomasson, in the east Naples section of Collier County, This area is one of the oldest arcas in the Collier County area, The eRA Agency, through grants, and assessments has developed a program to purchase mobile homes and Jot at market value, and rebuild the community with stick build single family homes. The program is voluntary and the Government can not condemn for the targeted area or use uny police powers to acquire land. A new multifamily housing unit is adjacent to the eRA targeted area, the streets have been recently landscaped, and the entire 2 mile area is heing revitalized. nMB""MC'~ E~"T.EE (Ill U......RIl EElIWOOo".. EE""<OOODR EIlADIEI'a,VO tlo.MStlltE No'MS""M NOMS ~MIl rt'DAK5DR" !"WIIlGI'1 E\"!ImMf"'-'" F'.II'" IUtT.E...D ""......... ~lDN Ol CU'nD~ DVSEIlII fJ'{[,''-COl D~SR" "",.t.o ,l.[JfLOO"t"" #'cE""'EDR llIl~10CT av,tIIt ;.~~....."oc.,'" ....~""" U'NO., .LVDN D."".""." :~:~;~~VD' c.." ~~:~:~~ ,::;i I ~~w~OIl ~:~ I .""'"OS...... _."! CI(HST.... ""1 tI'~~c::l;;n. :-~I ~~,',;,'""' ..." ,CU1,ASSCOV!' :'~,i'o..,," ~~ I BE;ACHClUB, """"""'0' ~::: 1 "."""CI. :~~"OC'.D ;;;1 \l~0"I'% WALllE~ , UNIV. OFFlI'!.': l_ u lo\E~III.'D', 03"'""' ; . , . , , I GS <A(:M I14lKPAAK C8E;ACH 02 ~1 ) AD 651) q(WAlP)lfJrli,MIlR " '."'.,,, HOLE.fN-THE.W4LL ~ " n NAPLES COMMU~IH IlOSPllAL 'it-i' r: CO etnp,l\ ..., ~ ~ . 0," G< Fe OLD NAPLES " ciF~~Zc ll- p ;'1 ~ flll AIJ ~ ~ ;!;..p" E.-HI Q 0' """'0' ~ "' SS fI.IUN((;IPAL('(J:R 'e e: A'J ^' " COVE INr< CQMPU"X ,,~ CITY DOCK ~, s AQUALANE A~ A"..,...,-r-.'"",;.' SHORE' ""~,~,~ ./ ;'~J-'....-r-~;...r,~ S THIRDST SI1DPP'NG '4 PISTRlCT '" ,(,11 G." "" '.11 ,., on ", "" G." ,," "" '" ~.l" l' H' m "" "~ F,,, l-l' "-" c" d' ,,'I " "" ~:: ~." PUOUC IIfACH WALK r;,,', c()VElA ~~" R'I Exposure Time Agenda Item No. 16G2 March 25, 2008 Page 22 of 27 Th~ Dictionary of Real Estate Aooraisal, Fourth Edition 2002, by the Appraisal Institute, defines Exposure Time on page 105 as follows: "The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based on an analysis of past events assuming a compet~ive and open market; Exposure time is always presumed to oocur prior to the effective date of the appraisal. The overall concept of reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, suffioient and reasonable effort. Exposure time is different for various types of real estate and value ranges and under various market conditions. 'Market value estimates imply that an adequate marketing effort and reasonable time for exposure occurred prior to the effective date of the appraisal.' We have reviewed the exposure time on the sales contained in the Sales Comparison Approach in this appraisal. Based on the current market, it is our opinion that the Subject Property should have an exposure time of approximately 12 months or less. CERTIFICATION I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE .~D BELIEF: The statements of fact contained in this report a=e true and Correct. The r~ported analyses, opinions and conclus~ons a=e lim~ted only by the reported assumptions and limiting conditions, a~d a::-e my peysonal, unbiased pro:essional ana::'yses J opinions I and conclusions. I have no present or prospective interest in ~~e property that is the subject of th~s report, and I have no personal interest or bias with respect ~o the parties involved. !1y c::Jmpensations :s ;JO~ cor.tingent upon the reporti::1g of a predetermined va:'ue or direc"':.ion in value that favors the cause cf the client, the amou~t of "':.he value estima~e, the attain:nent of a stipulated result I or the ::occurrence of a subseq~ent event. My analyses, opinions, and conclusions ...,ere deve:oped, and this report has been prepared, in conformity with the Uniform S~andards of Professional Appraisa: Practice. I have made a personal inspection of the property that is the su~ject of this report. No one provided significant professional assistance to the pe~son signing this report. ;K~~ Roosevelt Leonard /\~~8nGa Item r'~o. 16G2 j'v1arch 25. 2008 Page 23 of 27 Introduction The Florida Legislature created Collier County in 1923 from portions of Lee and Monroe counties 11 is located on the southern gulf coast of the Florida peninsula, due wesl of the Miami~Ft. Lauderdale area, Naples, located in the western and coastal area of Collier County, is the largest of the 3 incorporated cities in Collier County. Everglades City lies south and east of Naples and recently incorporated City of Marco Island lies south along the Gulf of Mexico, Collier County contains approximately 2,025.45 square miles of land area. The dima!e of Collier County is sub-tropical. The average annual temperature is approximately 75 degrees, with January having an average temperature of 67 Collier County, FL degrees, and in June, an average of 82 degrees. Freezes are not common in the area, although "jacket weather" does occur periodically during the fall and winter months Rainfall averages about 54 inches annually with much of the preclpitation occurring during the summer :nonlhs. The yearly rainfall and year-round mild temperature enable agriculture to be prOductive throughout most of a typical year Collier County Government A five-member Board of County Commissioners elected for terms of lour years governs Collier County. Each commissioner represents a particular district within the County. The Board of County Commissioners hires a Counly Manager, who heads the County government staff and departments. [It is the function of (he County Manager's office 10 head the daily operations of the government in providing quality services to our citizens.] Profile Overview The 2003 Collier County Community Profile describes the demographic, economic and social characterisfics of Collier County. The data includes existing conditions, projections and trends, as well as comparisons of Collier County with the Slate of Florida and other counties. A numuer of maps exist for planning purposes and the public The County is divided into 12 different planning communities. This, in part, allows for a more structured monitoring program on the development of the County, and allows for smoother implementation of the County's Growth Management Plan Agenda Item No. 16G2 March 25, 2008 Page 24 of 27 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 10 the County's economy. The County's unemployment rale 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 Slate or 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 withm 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 neighborhood parks, communily parks and regional parks as well as beach and waterfront parks. Furthermore, Collier County is blessed 10 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 Nationa! Wildfife Refuge, Fakahatchee Strand Slate Preserve, Everglades National Park, Collier Seminole Slate Park, Rookery Bay National Estuarine ResearCh Reserve, and Cape Romano-Ten Thousands Islands Aquatic Preserve. Education (K-12) The Collier County School Board provides public education Within the County ror both incorporated and unincorporated areas, The County currently has 22 elementary schools, 8 middie schools and 5 high schools with a total student enrollment of31,310. The number of students enrolled by schoollype is as follows: ;;;:;, dol S,,,,,,, ;~ ~1;.~llla ....' - . h 'I' I~ :1.''-.;10. \-=....\.~\\_W.(I.f<..""v '-._Colli('r-Cw~ School Type Elementary (K - 5) Middle (6 . 8) H;gh (g - 12) 2002 - 2003 Enrollment 18,021 6.429 10,576 1999.2000 Enrollment 15,911 6,810 8,589 Demographic Characteristics The census Count grew from 85,97110 152,099' from 1980 to 1990 wilh a percent change of 77%. The census count grew from 152,09910251,3772 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 persons3 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 continue at approximately the same rate for the foreseeable future, In 2000, the U.S. Census reported Collier County's median age at 44.1 years, compared to the State's median age of 38,7 years, and a national median of 36.1 years,S A significant age disparity exists within Collier County. In 2000, the average median age within these selected Collier County coastal communities of Golden Gate City, Goodland, lely, Naples Manor, Naples, Pelican Bay and Naples Park was 48.4 years as compared 10 the inland farming community of Immokalee, which had a median age of 24.7 years. G :1-3iTi r'~O, i 6;32 P,1arch ~5, 2008 Page 25 (,if 27 0053 The definition of market value in this report: The most probable price which a property should bring in a competitive and opcn market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not.aff'ected by undue stimulus. Implicit in this defmition is the consummation of a sale as of a specified dale and the passing of this title from seller to buyer under conditions whereby: (I) buyer and seller are typically motivated; (2) both parties are well infonned 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 tenns of cash in U,$. doUars or in tenns 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 ur ~ales 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 made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjusnnents should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's rcact~on to the financing or concessions based on the Appraiser's judgement. ~ The foregone definition was taken directly from the Statement of Limiting Conditions fonn (FHLMC fonn 439 or FN\1A fonn 10048, both dated 6/93). STATEMENT OF LIMITING CONDITJOJ"\S The appraiser's ccrtificalion thaI appears in the report is subject to the following canditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the propcrty 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 apprai~ed on the basis of it being under responsible O\\'nership, 2. The appraiser has previously provided an)" required sketches in the ORlGH\AL APPRA1SAL REPORT to ShtlW the approximate dimensions of the improvements and the sketch is referenced only to a'lsist thc reader of the reports in visualizing the property and understanding thc appraiser', deTermination 0: its size. The appraiser will not give testimony or appear in court because he/she made an appraisal of the property in question, unless specific arrangemcnts to do so have heen made beforehand. 4. The appraiser has nOled in the ORIGINAL APPRAlSAL REPORT any adverse conditions (such as, but not limited to, needed repairs, the presence of hazardous wastes, toxic substances, etc,) observed during the inspection of the subjcct property or that he/she became aware of during the normal research involved in perfonning the appraisal. Uniess otherwise stated in the report, the appraiser ha'l no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous ""'UStcs, 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 of the property. The appraiser ""ill not be rcsponsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such condirions exist. Beca,Jse the appraiser is not an expcrt in the field of environmental hu..ards, the appraisal report must not be considered as an environmental assessment of~he property. 5. The appraiser obtained the infonnation, estimates, and opinions that were expressed in the rcpons from sources that heJshe considers to be reliable and believes them to be true and correct. rhe appraiser docs nol assume responsibility for the accuracy of such items that were furnished by other panies. 6. The appraiser will not disclose the contents of the report, except as provided for in lhe Cnifonn Standards of Professional Appraisal Practice (USPAP). 7, The appraiser must provide his/her prior 'A-Titten consent before the lenderidient specified in the reports can distribute the reports (including the conclusions about the property value, the appraiser's identity and professional designations and references to any professional appraisal organizations or the fum with 'which the appraiser i~ a~sotiated) to anyone other Than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organixations; any state or federally approved financial institution; or any department, agency, or instrumentality (lfthe t:nited States or any state or the District of Columbia; except that the lender may distribute the report to data collcction or reporting services without having to obtain thc appraiscr's prior wrilten consent. The appraiser's .....ritten consent and approval must also be obtained before the reports can be conveyed by an;..one to the public through advertising, public relations, news, sales or other media, 8. The ~ppr~i8er has based ~is/her n:ports ~d vaJuil.ti,on conclusions for any appraisal that is subject to complction pt:r plans and speclfica1Jons on the basIS ofa hypothetIcal condrllon that the improvement\; hljV(" be~:!1 completed. 9. :~:r:~~~:i~~r i~~s 3~:~~p~;~~I;~;lc~~~~O:~I~~~:ti~~hcOnclUSi()ns lor an.~ppruisal Ihat is ~ubjec! to completion, repairs or o e Improvements \~Jl! he performed In a workmanlike manner. Agenda Item No. 1682 March 25, 2008 Page 26 of 27 0053 APPRAISER'S CERTIFlCA TION: The appraiser certifies and agrees that: L J performed this assignment by (1) personally inspecting the subject, in the manner as stated on page one of this update fonn; (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. r further certify that I have adequate information about the physical characteristics of the subject property and comparable sales to develop this report, 2. ] have researched and analyzed the comparable sales and offerings/listings in the subject market area and have reported the comparables deemed to be the best avajlable for the subject property in a sales grid which is retained in the appraiser's work file, I further certify that adequate comparable market data exist5 in the general market area to develop a reliable sales comparison analysis for the subject pmperty. 3. I have taken into consideration the factoN: that have an impact on value in my development of the estimate of market value in the reports. I further cenify 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 1 am aware, have considered these adverse conditions in my analysis of the property value to the extenr that I had market evidence to support them, and have commented about the effect of the adverse wnditions on the marketability of the subject property. I have not knowingly withheld any significant infllnnation from the repons and 1 believe, to the best of my knowledge, that all statements in the reports are true and correct. 4. I staled in the reports ani)' my own personal, unbias.ed and professional analyses, opinions and conclusions which are subject only to the contingent and limiting conditions specified in this fonn, 5. I have no present or prospective interest in the property that is the subjcct of these reports, and r 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 analysi, and/or the opinion of market value in the report on the race, color, religion. sex, age, marital status, handicap, familial status, or national origin of either the prospective ovmers or occupants of the subject property or the present ovmers or occupants of the properties in the vicinity of the subject property or on any otht::r bias prohibited by law. 6. ] have no prescnt or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for perfonning this appraisal is contingent on the appraised value of the property, 7. I was not required to report a predetennined value or direction in value that favors the cause of the client or any related party, the amount ofvaluc estimate, the attainment ofa specific result or the occurrence ofa subsequent event in order to receive my compensation and/or employment for perfonning the assij,,'l1ment. I did not base the report on a requested minimum valuation, a specific valuation. or the need to approve a specific mortgage loan, g, I estimated the market value of the real property that is the subject of these reports based on lhe sales comparison approach to value. I further certity that I have considered the wst 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 repon. 9. 1 have perfonned this assignment as a LIMITED APPRAISAL, subject 10 the Departure Provision of US PAP 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 assignment. 10. I acknowledge: that an estimate ofa 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. 11,1 personally prepared all conclusions and opinions about the real estate that were ,et forth in the reports. I further certify that no one provided significant professional assistance to me in the development of this assignment. APPRAJSER: SUPER V1SORY APPRAJSER (ONLY fF REQUfRED): " ; Signature ;"~/_.i"" ..~C~.......~<:. l';ame ROOSJ;:VELT LEONARD Date Reoort Signed FEB 5, 2008 State Certi~~.!!jpn # RD.()0328'-- Or Statt;Jekense # _ .____~IC FL __Stale SiUn3mre :\ame Da!..e JkpZ-~n~d-- ?:tatcCertificatio~'- Or S~1:lt_e J.jj;~ll~l.______ __UDid LJDidNot Inspect Property Stale --Si~t~--- ('\IO;)!"- CON "'O~ ~N 0 .L[)'r'-- ONN Z_aJ ~ '"tl""'"rn -~'" aJ"'tL ==2' '" '" C aJ OJ <{ - - @) = ~~ IS IS ce@IJ .--~l l~ ~ ~~~ ~j @ ~ @) 00.. ~ ~ ~ ~ ~~i ~i1 ~ ~~t f@@}@5@'ii) ~~~ I~Jijt .alJ'~ ! 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