Agenda 09/10/2019 Item #16E 1 (EMS Vacant Land Purchase)09/10/2019
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase for the Emergency Medical
Services Division to acquire 5.46 acres of vacant land at the corner of Golden Gate Blvd. and
Desoto Blvd. for a total cost not to exceed $107,000 and an Agreement in the amount of $105,000 to
provide funding from the GAC Land Trust, and to authorize the necessary budget amendments.
OBJECTIVE: To acquire property for an EMS station to provide more effective and efficient
emergency medical services to the Golden Gate Estates and to approve funding from the GAC Land Trust
to reimburse the EMS Impact Fee Fund (350) for the land purchase.
CONSIDERATIONS: Real Property Management was tasked with locating a site for an EMS station in
Golden Gate Estates in the vicinity of Golden Gate Blvd., east of Everglades Blvd. (‘Property’). Real
Property reviewed sites with the Emergency Medical Services Division and Facilities Project
Management staff and selected the Property (FOLIO #40806320009) based on its size, location,
surrounding uses, and functionality (corner lot). The Property was listed for sale at an asking price of
$115,000. An in-house appraisal determined a market value of $106,000, and after negotiating with the
owners via their broker, the owners a greed to a selling price of $105,000 subject to the terms and
conditions in the attached Agreement for Sale and Purchase (Agreement).
At the June 24, 2019, regular meeting of the Golden Gate Estates Land Trust Advisory Committee
(Committee), EMS petitioned the Committee requesting funding for purchasing the Property in Unit 79 in
the amount of $105,000. The Committee voted 4-0, with one seat vacant, to fund the request for the
amount $105,000. With this vote, the Committee recommends that the Board of County Commissioners
approves the funding to EMS.
EMS has spoken with Greater Naples Fire District officials who have expressed an interest in partnering
for a joint use facility at this site.
The Agreement for Sale and Purchase has been reviewed and approved by the County Attorney’s Office,
the Emergency Medical Services Division, and the Seller. A location map is provided for reference.
FISCAL IMPACT: The total cost of the acquisition should not exceed $107,000 ($105,000 for the
purchase price and $2,000 for a title commitment, title policy, closing costs. and recording all required
documents). A (FY19) budget amendment is needed in the EMS Impact Fee Fund (350) within the
Golden Gate EMS Station Project 55212 in the amount of $207,000 to purchase the Pr operty ($105,000)
plus closing costs ($2,000) and to cover costs for site prep and permitting not to exceed $100,000. A
companion FY20 budget amendment is needed in the GAC Land Trust Fund (605) in the amount of
$105,000 to reimburse the EMS Impact Fee Fund (350) for the land purchase.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: This transaction is consistent with the County’s Growth
Management Plan, specifically the Emergency Services Element.
RECOMMENDATION:
1. Approve the attached Agreement for Sale and Purchase.
2. Authorize the Chairman to execute the Agreement and any additional closing documents, and
accept the Warranty Deed, once approved by the County Attorney’s Office.
3. Direct the County Manager or his designee to proceed to acquire the Property and to follow all
16.E.1
Packet Pg. 1662
09/10/2019
appropriate closing procedures, to acquire and obtain clear title to the Property, and to record any
and all necessary documents (once approved by the County Attorney’s Office) in the Public
Records of Collier County, Florida.
4. Approve the Agreement providing funding in the amount of $105,000 from the GAC Land Trust.
4. Authorize the necessary budget amendments.
Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Stepien ET AL EMS LOT -Desoto (PDF)
3. Contract - EMS - GGE (PDF)
4. GAC agreement (PDF)
16.E.1
Packet Pg. 1663
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Doc ID: 9929
Item Summary: Recommendation to approve an Agreement for Sale and Purchase for the
Emergency Medical Services Division to acquire 5.46 acres of vacant land at the corner of Golden Gate
Blvd. and Desoto Blvd. for a total cost not to exceed $107,000 and an Agreement in the amount of
$105,000 to provide funding from the GAC Land Trust, and to authorize the necessary budget
amendments.
Meeting Date: 09/10/2019
Prepared by:
Title: Accounting Technician – Emergency Medical Services
Name: Erin Page
08/23/2019 9:46 AM
Submitted by:
Title: Division Director - EMS Operations – Emergency Medical Services
Name: Tabatha Butcher
08/23/2019 9:46 AM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 08/23/2019 11:17 AM
Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 08/23/2019 12:03 PM
Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 08/23/2019 1:20 PM
Procurement Services Ted Coyman Additional Reviewer Completed 08/26/2019 2:30 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 08/26/2019 3:23 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2019 3:27 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/27/2019 8:33 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 08/27/2019 9:04 AM
County Attorney's Office Jennifer Belpedio Additional Reviewer Completed 08/29/2019 3:16 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/03/2019 12:41 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/04/2019 9:25 AM
Board of County Commissi oners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.E.1
Packet Pg. 1664
LOCATION MAP
5.46 Acres
16.E.1.a
Packet Pg. 1665 Attachment: Location Map (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
VACANT LAND APPRAISAL REPORT
16.E.1.b
Packet Pg. 1666 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Vacant Land Appraisal Report
EMS Potential Site
PREPARED FOR:
Jay Malamphy / EMS
EFFECTIVE DATE OF THE APPRAISAL:
August 5, 2019
DATE OF THE REPORT:
August 21, 2019
REPORT FORMAT:
Vacant Appraisal Report
PREPARED BY:
16.E.1.b
Packet Pg. 1667 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
August 21, 2019
Dear Mr. Malamphy:
At your request, Real Property Management has prepared the accompanying appraisal for the
above referenced property. The purpose of the appraisal is to estimate the market value of the fee
simple interest in the subject property. The client for the appraisal assignment is Collier County
BCC/ EMS. The intended use of the appraisal report is to assist the client in internal decision-
making purposes.
The subject property is vacant land and may have a potential to be developed with access.
VALUE CONCLUSIONS
Appraisal Premise Interest Appraised Date of Value Conclusion
Market Value, As Is Fee Simple August 5, 2019 $106,000 Dollars
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: None.
Extraordinary Assumptions: None.
Respectfully submitted,
Real Property Management
16.E.1.b
Packet Pg. 1668 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
The Subject Property
Zoning: Estates
Lot Size: 5.46 acres
Asking Price: MLS# 218038450 $115,000 for 5.46ac or $21,062 per acre.
Appraised value : $106,000 dollars
Selling price: $105,000 dollars
16.E.1.b
Packet Pg. 1669 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Tax Information
16.E.1.b
Packet Pg. 1670 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
DEFINITION OF MARKET VALUE
Market value definition used by agencies that regulate federally insured financial
institutions in the United States is defined by The Dictionary of Real Estate Appraisal,
6th ed. (Chicago: Appraisal Institute, 2015) as:
The most probable price that a property should bring in a competitive and open market
under all condition’s requisite to a fair sale, the buyer and seller each acting prudently
and 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 title from seller to buyer under conditions whereby:
Buyer and seller are typically motivated;
Both parties are well informed or well advised, and acting in what they consider
their best interests;
A reasonable time is allowed for exposure in the open market;
Payment is made in terms of cash in United States dollars or in terms of
financial arrangements comparable thereto; and
The price represents the normal consideration for the property sold unaffected
by special or creative financing or sales concessions granted by anyone
associated with the sale.” (Source: 12 C.F.R. Part 34.42(g); 55 Federal Register
34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9,
1992; 59 Federal Register 29499, June 7, 1994)
DEFINITION OF PROPERTY RIGHTS APPRAISED
Fee simple estate is defined as an: “Absolute ownership unencumbered by any other
interest or estate, subject only to the limitations imposed by the governmental powers of
taxation, eminent domain, police power, and escheat.” (Source: The Dictionary of Real
Estate Appraisal, 6th ed. (Chicago: Appraisal Institute, 2015)
Scope of Work
Market data research, Sales Approach method performed, a complete analysis of market
conditions has been made. The appraiser maintains and has access to comprehensive databases
for this market area and has reviewed the market for sales and listings relevant to this analysis.
Highest and best use is assembled into PUD ownership by Collier County.
16.E.1.b
Packet Pg. 1671 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Valuation Analyses:
1. Cost Approach: A cost approach was not applied as the subject tract is analyzed as
vacant land. However, the Cost Approach is utilized to estimate the contributory
depreciated value of the site improvements (if any) taken.
2. Sales Comparison Approach: A sales approach was applied as typically this is the most
appropriate approach for the valuation of vacant land. This approach is applicable to the
subject because there is an active market for similar properties and sufficient sales data is
available for analysis.
3. Income Approach: An income approach was not applied as the subject is not likely to
generate rental income as vacant land.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition can occur, and
no environmental conditions exist.
.
Extraordinary Assumptions: None.
HIGHEST AND BEST USE
Highest and best use may be defined as: The reasonably probable use of property that results in
the highest value. The four criteria the highest and best use must meet are legal permissibility,
physical possibility, financial feasibility, and maximum productivity.
Physically possible for the land to accommodate the size and shape of the ideal improvement.
Legally permissible under the zoning regulations, building codes, environmental regulations,
and other restrictions that apply to the site. A property use that is either currently allowed or most
probably allowable.
Financially feasible to generate enough income to support the use.
Maximally productive, or capable of producing the highest value from among the permissible,
possible, and financially feasible uses.
Highest and Best Use as Improved
No improvements are situated on the site. Therefore, a highest and best analysis as improved is
not applicable.
Most Probable Buyer
Consider the size, class, and location of the property, the most probable buyer is an owner-user
16.E.1.b
Packet Pg. 1672 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Area Map
Subj
property
16.E.1.b
Packet Pg. 1673 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Naples Real Estate Market Trends
Naples real estate market trends indicate a decrease of $5,000 (-2%) in median home sales and
a 0% rise in median rent per month over the past year. The average price per square foot for this
same period fell to $211, down from $213. Trulia has 4,035 resale and new homes for sale in
Naples, FL, including open houses, and homes in the pre-foreclosure, auction, or bank-owned
stages of the foreclosure process.
The median sales price for homes in Naples for Mar 1 to May 29 was $325,000 based on 2,405
home sales. Average price per square foot for Naples was $211, a decrease of -1% compared to
the same period last year. The median rent per month for apartments in Naples for May 4 to Jun
4 was $2,500.
Graph Credits: Trulia.com
16.E.1.b
Packet Pg. 1674 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Naples Real Estate Market Forecasts 2019 & 2020
The median home value in Naples is $320,300 on Zillow.com. Naples home values have gone up
1.1% over the past year and Zillow predicts they will fall -1.4% within the next year. The median
list price per square foot in Naples is $195, which is lower than the Naples-Immokalee-Marco
Island Metro average of $204. The median price of homes currently listed in Naples is $406,990
while the median price of homes that sold is $317,500. The median rent price in Naples is $3,750,
which is higher than the Naples-Immokalee-Marco Island Metro median of $3,700.
Graph Credits: Zillow.com
16.E.1.b
Packet Pg. 1675 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Vacant Land Market Data
Subject Property asking price $105,000 @ 5.46ac = $19,230 per acre.
1. Folio 40529720106 12/18/2018 $108,000 @ 5.61ac $19,251ac (2 lots combined)
2. Folio 40871560001 01/29/2019 $92,000 @ 5.00ac $18,400ac (2 lots combined)
3. Folio 40811520001 07/11/2019 $73,000 @ 3.42ac $21,345ac.
4. Folio 40808720005 03/15/2019 $50,000 @ 2.81ac $17,734ac.
Market Data Adjustments for the above comparable’s
1. +5% for market, $19,251 x 5%, results in $20,213 per acre.
2. No adjustments warranted, $18,400 per acre.
3. No adjustments warranted, $21,345 per acre.
4. No adjustments warranted, $17,734 per acre.
The established acreage value range for a 5ac lot near Desoto / GG Blvd E is $17,734 to $21,345
dollars per acre. Considering all the market data utilized due to similar Estates zoning, with treed
estates vacant land lots, the average of the adjusted data is $19,423 per acre.
Conclusion Analysis:
The established acreage value range for a 5ac lot near Desoto / GG Blvd E is $17,734 to $21,345
The average value for this market area is $19,423 per acre. The average is well within the range
of market values for vacant land acreage. All the market data is recent and is a good indication of
value. The subject property is 5.46 acres x $19,423ac is $106,049 round to $106,000 dollars “as
is” August 5, 2019.
16.E.1.b
Packet Pg. 1676 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Comparable Photo Page (s)
comp 1 (2 lots)
comp 2 (2 lots)
16.E.1.b
Packet Pg. 1677 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Comparable Photo Page (s)
Comp 3
Comp 4
16.E.1.b
Packet Pg. 1678 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Comparable Location Map
Comp 4
Comp
1
Comp
2
Comp
3
Comp
4
subj
16.E.1.b
Packet Pg. 1679 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
ADDENDA PAGE(S)
16.E.1.b
Packet Pg. 1680 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
CERTIFICATION
We certify that, to the best of our knowledge and belief:
1. The statements of fact contained in this report are true and correct
2. The reported analyses, opinions and conclusions are limited only by the reported assumptions
and limiting conditions, and are our personal, unbiased professional analyses, opinions and
conclusions.
3. We have no present or contemplated future interest in the property that is the subject of this
report and have no personal interest or bias with respect to the parties involved.
4. We have no bias with respect to the property that is the subject of this report or to the parties
involved with this assignment.
5. Our engagement in this assignment was not contingent upon developing or reporting
predetermined results.
6. My compensation for completing this assignment is not contingent upon the development or
reporting of a predetermined value or direction in value that favors the cause of the client, the
amount of the value opinion, the attainment of a stipulated result, or the occurrence of a
subsequent event directly related to the intended use of this appraisal.
7. The reported analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of
Professional Appraisal Practice of the Appraisal Institute.
8. The reported analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the Uniform Standards of Professional Appraisal Practice
9. The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
10. Dated 8/2/2019
APPRAISAL SCOPE
According to the Uniform Standards of Professional Appraisal Practice, it is the
appraiser’s responsibility to develop and report a scope of work that results in credible
results that are appropriate for the appraisal problem and intended user(s). Therefore, the
appraiser must identify and consider:
● the client and any other intended users;
● the intended use of the appraiser’s opinions and conclusions;
● the type and definition of value;
● the effective date of the appraiser’s opinions and conclusions;
● subject of the assignment and its relevant characteristics
● assignment conditions
● the expectations of parties who are regularly intended users for similar
assignments;
16.E.1.b
Packet Pg. 1681 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal is based on the following assumptions, except as otherwise noted in the
report.
1. The title is marketable and free and clear of all liens, encumbrances,
encroachments, easements and restrictions. The property is under responsible
ownership and competent management and are available for its highest and best
use.
2. There are no existing judgments or pending or threatened litigation that could
affect the value of the property.
3. There are no hidden or undisclosed conditions of the land or of the improvements
that would render the property valuable. Furthermore, there is no
asbestos in the property.
4. The revenue stamps placed on any deed referenced herein to indicate the sale
price is in correct relation to the actual dollar amount of the transaction.
5. The property follows all applicable building, environmental, zoning,
and other federal, state and local laws, regulations and codes.
6. The information furnished by others is believed to be reliable, but no warranty is
given for its accuracy.
This appraisal is subject to the following limiting conditions, except as otherwise
noted in the report.
1. An appraisal is inherently subjective and represents our opinion as to the value of
the property appraised.
2. The conclusions stated in our appraisal apply only as of the effective date of the
appraisal, and no representation is made as to the effect of subsequent events.
3. No changes in any federal, state or local laws, regulations or codes (including,
without limitation, the Internal Revenue Code) are anticipated.
4. No environmental impact studies were either requested or made in conjunction
with this appraisal, and we reserve the right to revise or rescind any of the value
opinions based upon any subsequent environmental impact studies. If any
environmental impact statement is required by law, the appraisal assumes that
such statement will be favorable and will be approved by the appropriate
regulatory bodies.
5. Unless otherwise agreed to in writing, we are not required to give testimony,
respond to any subpoena or attend any court, governmental or other hearing with
reference to the property without compensation relative to such additional
employment.
6. We have made no survey of the property and assume no responsibility in
connection with such matters. Any sketch or survey of the property included in
this report is for illustrative purposes only and should not be scaled accurately for size. The
appraisal covers the property as described in this
report, and the areas and dimensions set forth are assumed to be correct.
7. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if
any, and we have assumed that the property is not subject to surface entry for the
exploration or removal of such materials, unless otherwise noted in our appraisal.
8. We accept no responsibility for considerations requiring expertise in other fields.
16.E.1.b
Packet Pg. 1682 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Such considerations include, but are not limited to, legal descriptions and other
legal matters such as legal title, geologic considerations such as soils and seismic
stability, and civil, mechanical, electrical, structural and other engineering and
environmental matters.
9. The distribution of the total valuation in the report between land and
improvements apply only under the reported highest and best use of the
property. The allocations of value for land and improvements must not be used in
conjunction with any other appraisal and are invalid if so used. The appraisal
report shall be considered only in its entirety. No part of the appraisal report shall
be utilized separately or out of context.
10. Neither all nor any part of the contents of this report (especially any conclusions
as to value, the identity of the appraisers, or any reference to the Appraisal
Institute) shall be disseminated through advertising media, public relations media,
news media or any other means of communication (including without limitation
prospectuses, private offering memoranda and other offering material provided to
prospective investors) without the prior written consent of the person signing the
report.
11. Information, estimates and opinions contained in the report, obtained from third-party
sources are assumed to be reliable and have not been independently verified.
12. Any income and expense estimates contained in the appraisal report are used only
for the purpose of estimating value and do not constitute predictions of future
operating results.
13. If the property is subject to one or more leases, any estimate of residual value
contained in the appraisal may be particularly affected by significant changes in
the condition of the economy, of the real estate industry, or of the appraised
property at the time these leases expire or otherwise terminate.
14. No consideration has been given to personal property located on the premises or
to the cost of moving or relocating such personal property; only the real property
has been considered.
15. The current purchasing power of the dollar is the basis for the value stated in us
appraisal; we have assumed that no extreme fluctuations in economic cycles will
occur.
16. The value found herein is subject to these and to any other assumptions or
conditions set forth in the body of this report, but which may have been omitted
from this list of Assumptions and Limiting Conditions.
16.E.1.b
Packet Pg. 1683 Attachment: Stepien ET AL EMS LOT-Desoto (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
t lrr/n
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT rs made and enEred into by and betf,sen Chnsllne M, Stepren, a marrEd
woman, James S. Tyloc*, a/Ua James Z. Tylock, a single man, Celeste Cairns, a/k/a Celestine
Ann Cainrs, a sirBle sornan. Cbudette Bish" a/k/a Chudeile Terese Bistt. a manied xxnan.
and Cebne Tyld<, aNa Celene Gabtielb Tyloct. a singb vroman, as ii.tt bnants with rbhts
d suwivorshry" wtrme maiiling address ts 5279 lflitary Road. L*iston ttlY 14{Xr2. {here*rafter
refured to as'Sellef), and COLLIER COUNTY, a politx:al suMMsion of tfie State of Florida,
whose mailing address is 3335 Tamiami Trail East, Suite'101. Naples. FL 34112 (hereinafter
reftned b as 'Purchasef)-
WITNESSETH
WHEREAS. Seller is the owner of that certain parcel of real property, located in Collbr Cornty,
State of Florida. and beirq more padlcrrtarty descnlnd n Exhibtt "A- (heternafter t€fun€d to as
the "Propettyl. attacfied hereto ard ntade a psrt hered by reierence
WHEREAS, Purchaser is desirous of purchasing the Property, subiect to the conditions and
otlEr agrcenrents hereinafter set forth. and Sellgr b agteeable to suctr sale ard to such
corditbns and agreemer s.
NOtt . THEREFORE, and Ior and in consrderatton of tle premE€s atrd the respective
undertakings of the parties hereinafter set forth and the sum cf Ten Dollars ($10.0O), the receipt
and sutrcierry of rffii is hereby aamodedged. il b agreed a follo*s:
I AGREEMENT
1.01 ln consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Sefier shail sell to Purcfiaser and Purchaser shall purcfiase lrom Selbr the
Propery, described in Exhibit'.A',
II. PAYMENT OF PURCHASE PRICE
2,01 The purcirase price {the 'Putctpse PrceJ for ihe Property sha[ be One Hundred and
Firre Thousand Doflars {$105.0fl}) (U-S. Cunency) payable at ttute of closing-
ilr. cLostNG
3 0l The Clcsng OHE'CLOSING DATE-.'DATE OF CLOSING'. OR'CLOSING') otthe
trarBaction shall be held ofl or be{ore one hurdred ard tt/uenty (120} days bllovtrq
exect lon of fhis Agreement by the Purcfiaser, unless exterded by muhral trttten
agreement of the parties hereto. The closing shall be held at the collier county Attomey's
Ofhce. Adminbffdion BuiHbtS. 3299 TanSani Trail East" Surte 8U). Naples, Flotira. The
procedure to be follorred by the partiss in cofinection with the Closing s'hall be as folkms:
16.E.1.c
Packet Pg. 1684 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
3.011 Seller shall convey a marietabb title free of any lbns. encumbrances.
exceptbns. or qualificatirns, Martetablg lide shall be delermined accordrng to
apdi$b titb stardads adopted by fle Fbrba Bar and in accordance with law At
t|e Cb6irg. Bre Selbr shal cause to be deliv€red fo the Purchaser fhe items specitied
herein and the following documents and instruments duly ex€cuted and
ad<rwvledged. in recordabb form:
3.011'l Wananty Deed rn favor of Purclpser conrcying titb to the Property. fiee
and cbar of all liens ard enqflDrances other than:
(a) The lien for cunent taxes ard ass6srrEnts.
(b) Sucfi dher e*ements- resficlirns or corditlms of record-
' 3.0112 Combined Purchaser-Selbr closing statement.
3"0113 A'Gap." Tax Proratkm oi*ne/s and Non-Fore()n Affidavit.* as required
by Seclxrn 14,,5 o, the hefild Ranenue Code and as {equircd by tfle tille
insurance undenvriter in order to insure lhe "gap" and issue the policy
conternplated by the title insurance commitment.
3-0114 A W-9 Form. 'Requesf for Taxpayer ldentification and Certification' as
requircd by the lnferrlal Revenue Service-
3.012 At the Closing. the PurcfEser. or its assi;nee. shall cause to be
delivered to the Selbr the iollodng:
3.0121 A wire transfer in an amount egual to the Purcfiase Priae. subrect to
adjustrnent for prorations as sel forth herein and as stated on the closing
st#rnent. No ftmds shafl be dbbrrrsed to Selbr until the Title Corpany verifus
that lhe state d the iitle to the Property has not chaoged adversety since the date
d the ht endorsernent to the cormilment. rcfererrced rn Section 4..01 1 thereto.
and the Tille Company is inevocably committed to pay the Purchase Price to
Selhr and to issue the Owne/s title poliLry to Purchaser in accordance with the
corsnrtnEnt immediaiety after the recordirg of tte tleed.
3.02 Eact party shall be responsbb for pay,rnenil of its owr attomrys fees- Seser at fis
sole cost and expense, shall pay at C,osing all documentary stamp taxes due relating to
the recordirg oI the Warranty Deed. in aooordance with Chapter 201-01" Florida Statutes,
and the co6t of Ecordirg any irEtrutnefits ,lecessary to dear Selb/s title to the Property.
The oo6t of the Ow'Er's Form B Tltb Polrcry. issued pursuant to the Cornmiuneot provrded
br in Sectinn 4-011 beloxr, shall be pad by Purchaser, The cost d the title commltrnent
shall also be paid by Purchaser.
3,03 Purc{raser shall pay for the cost of recoding the Warranty Deed Real Property taxes
shafl be proraEd based on the cutrefit yeat's tax with due allomne made for maxinum
16.E.1.c
Packet Pg. 1685 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
aIffabb discount. tlqnestead ard any other applicabb exemptiorE ard pak by Seller. lf
Closing occlrrs at a dale whidl &e wrrent yea/s mrllage is not fixed. taxes will be prorated
based upon sucfi prkr Fa/s malage
IV, REQUIREMENTS AND CONOITIONS
4-01 Upon executsr of lh,s Agreement by both parties or al such other time as specified
wi0rin ftb Anicb. Purcfiaer and/or Se er- a the case tnay be. sha[ perfotm t]te follorrng
within the tinEs stated, which shall be conditions precedent to the Closing;
4.011 Wlthan thirty (3O) d4rs after 8le dde ]E ecil. Purctaser stlall obtain as evidence
of tide an ALTA CofirnifiEnt br an Oume/s Titb lnsurane Policy (ALTA Form
8-1970) fferiqg t}e Property. logedEr with hard copie.s d all ercep[im sho[n
thereon. Purchaser shall have ten (10) days, foltowing receipt of the title insurance
commi8nent. to nofily Seller in writing of any obiection to titb other than liens
evrJencing mon€tary obl'gatlons" if any, whi:h obllgataons shall be pail at dostng. lf
the titb cornrnifnent contarns exaeptbns thd rnake the title unmarkelabb. Purchaser
shaff deliver to the Selbr w'itEn nattiE of lts tntenton to wane the applacable
contingencies or to terminate this Agreement.
4.012 tt Purchaser shall fail to advise the Seller in wriling of any such obiections rn
Sella/s tiEe in the rnanner herein rcquircd by thB Agteernent" tlp title shall be deemed
accep,tabb. Upon notficatpn of Purcfiase/s otiecrton to title, Seller shall have ffieen
(15) days to remedy any defects in order to convey good and marketable title. except
{or lbns or rnonetary obliFtions rhkh will be salisfied at Cb6mg- Seller. at tts sob
e)pense. sha[ use its best efforts to make sucfi titb good and ma]ketable. ln the ev€rt
Sdbr is wr$b to cure sad obierlinns wiihin sa*l lire penod. Purchaser. by prwiltng
written notice to Seller within seven (7) days after expiration of said fifteen (15) day
period. may accept titb as it then is. waiving any o$ec{ion. or Purchaser may terminate
the Agreement. A fuilure by Purcfiaser to give soch wfltten notice of terminatron withrn
the tirrE peraod provded herean shall be deemed an eleclion by Purchaser to accept
the exceptons to title 6 shown n the title commi[ner .
4.013 Purchaser shall have the optim, at its own expense, to obtain a cutrent survey
of the Property prepared by a surveyor lbensed by the State of Floriia. No diusfrnents
to the Purcllase Prrce shall be made basd upon any cfrange to the total acrege
referenced in Exhibrt -A", il any. Seller agtees to fumrsh any existing surveys of the
Property, if any, to Purchaser rvithin flfteen (15) days of execution of this Agreement.
V. APPRAISAL PERIOD
5"01 Thrs provrsion was deleted as an in-hotlse appraisal was obtained per the guidelines
set forth in Section Two(4) of Ordinance 2OO7 -28.
16.E.1.c
Packet Pg. 1686 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Vi INSPECTION PERIOD
6-01 Purctuser shall haye ninety (90) day6 frorn the date of this Agreenrent. ('lnspectlon
Penod-), to determine through appropriate investryatron that.
1. Soil tesG and engineefing stidbs ildi:ate Sraf $e Property can be developed withont
any #n(xmal demrrddng. soil stabilizatirrn or fioundatbns.
2- There are no abnonnal dramage or erwironrnental requ,rernefits lo the development of
the Property.
3. The Property is in compliance with all applicable State and Federal environmental lau,s
ard th€ Property b ftee frorn any pondion or @ntamination,
4. The Property can be utilized for its inbnded Brryose,
6.02 lf Purchaser as not satisfied, for any reason whatsoever, with the results of any
inetQation. Purchaser shall deliver to Selbr prbr to the expiratinn of the lnspectron
Perrod, tritten notice of its intentbn to raiv€ Sle Tplk:abfe contirEendes or to terrninate
lhrs Agreement- lf Purchaer faib to ndify tle Selbr in uiting of its specilic ot{ecfrons as
proviiled herein withan the lnspecton Period. it shall be deerned that lhe Purchaser rs
satisfied with the results of its investigations and the contingencies of this Article Vl shall
be deerned raived. ln the event Purchaser elects to lerminate this Agreement because of
tre rbht of inspedion. Purcfiaser shall deliver to Selbr copies of all engineering reports
ard environrnental and soil lestirg results consnissixEd by Purcha-ser with respeci to the
Property.
6.&j Purcfiaser and rts agents. eflrpbyees afd sefyants sha[, at llreir own fisk and
e)eerrse. have the rbht to go upon the Property for lhe purpose of surveying and
corlducfing srb amlFes sod borings ard a[ odpr neoessary imest{atbn Purctlaser
shall, in performing such tests, use due care and shall indemniry Seller on account of any
loss or damages occasioned thereby and against any claim made against Seller as a result
of Purchds enfy. Sefler shall be notified by Purchaser no le6s Uran twenty four (24)
hours prbr to sard inspectbn of the Property,
VII. INSPECTION
7.01 Seller admodedges that the Purchaser, or its autflodzed agents, shall have the nght
to ,nspe{* tlE Property at any tinp prior to the Clostrrg.
vilt. PossEssroN
8-01 Purcfraser shall be entitled to full possession of the Property at Clcsing"
IX. PROMTIONS
9 01 Ad vabem tares next due ard payable, after cbsing on the Property. shall be
prorated at Cbsrlg bzred upon tfie grws: rlu,tt d 2018 taxes. ard shall be paki by
Selbr.
②
16.E.1.c
Packet Pg. 1687 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
X, TERMINATION AND REMEDIES
10-01 lf Selbr shall have faiH to perform any of the covenants and/or agreements
contained hereir wtri*t are to be perfonned by S€fler' within ten (10) daF d wntten
notification of such failure, Purchaser may, at its option, terminate this Agreement by giving
written notice of termination to Seller. Purchaser shall have the rbht to seek and enforce
all rbhts and rernedies avarbble at law or in equity to a contrac{ vendee. induding the right
to seek specifrc performane of this Agreernent..
10.02 lf the Purchaser has not terminated this Agreement pursuant to any of the provisions
authorizing $ch terminatbn. ard Purcflaer fails to dose tte transaclion contemplated
hereby or o0lerwise fails to perform arry of tfle trems. @venants and conditions of this
Agrcer€nt as rcquircd on the part of Pwctnsef to be perfonned. provk ed Seller is not in
default, then as Selle/s sole remedy, Seller shall have lhe right to terminate and cancel
this Agreement by giving written notice thereof to Purchaser. and neither party shall have
any further liability or obl(lation to tfE ofter ex@pt 6 set for in paragraph 13-01 (Real
Estate Brokers) hereof .
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 additio{t to such relief as may be granted" to a reasonable sum for its
dtornels fees, pamlegal charges and all fees and os{s ior appellate prcceedings in suctr
fligatbn or ofrcr aciftrn: whrcfi sum may be debtmined by the court or in a s€parab adion
brought for that purpose.
10.(M The parties ad<nodedge that tlle remedEs descriH herein and rn the other
provbbns of this Agrcement proride mutuafiy satisfactory and sufficbnt remedies to each
of the padbs, aDd take rnto account the pe(rrfiar risks ard expenses of eac.h of the parties.
XI. SELLER'S AND PURCI{ASER'S REPRESENTATIONS AND WARRANTIES
11-01 Seller ard Purclnser represent ard warrant the folbrring-
11.011 Seller and Purchaser have full right and authority to enter into and to execute
this Agreement and to undertake all aclions and to perform all tasks required d each
hereunder. Seller is not presenty tfie sutrybct of a pending" threatened or contemplated
bankruptcy proceeding.
1 1 .012 Seller has full right, power, and authority to own and operate the Property, and
to execub, deliver, ard perform ils oblgatbns under thb Agreement and the
instsurnents executed in connectbn helewith. ard to consummate the transaction
conternpHed hereby. All necessary aulhorizations and approvals have been obtained
authorizing Seller and Purchaser to execute and consummate the lransactton
contemplated hereby. At Closing, certiried copies of such approvals shall be delivered
to Purcfiaser and/or Selbr. il neoessary.
16.E.1.c
Packet Pg. 1688 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
11.013 The waranties set forth in this Article shall be true on the date of this Agreement
and as o{ lhe dafe d Cbsing. Purcfiase/s acceptance of a deed to the said Property
shall not be deernett to be full perfonnane and dbcharge d every agreemenl and
obl€ati{xt on ttE part of t}e S€fier lo be performed pursuant to lhe provbions of this
Agreement.
I 1.014 Selbr represeots that it has no knolvledge of any actrons. surts. claims.
ploceedings" htgaton or inveslbatxms perding or lhrealened against Se{er_ af law"
equity or in a,bitration bebre or by any Ederal, state. muniopal or ofler govemrner al
instrumentality that relate lo this agreement or any other property that could, if
continued. dversely afiecl Selb/s ability to sell the Property to Purchaier according
to the terms of this Agreemenl.
11.015 No party or person olher than Purctaser has any nght or oplion to acquire the
Property or any po(ion thereof.
11 .016 Urfil the date fixed for Cbsing. so krry as this Agreement remaans in force and
effecl" Se$er shall not encumber o[ com,ey any portirn of the Property or any nghts
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 wriften consent of
Purchaser to suc*r conyelanoe. etrcurlbrance. or qreement wt[ch conseflt may tre
wihheH by Purcfiaer for any reason wtutsoever.
11.017 To the best of Seller's knowledge, there are no incin€rators, septic tanks or
cesspoob on the Property. all waste. if any. s discharged into a public sanitary se{yer
s)6tem: Seller has no knor'vledge that arry pollutants are or have been discfrarged frorn
the Pr@erty. direcily or lndirecfly into any body o{ rater Selbr has no knorbdge the
Property has noi been used for the producton, handling, storage, transportatton.
manufacture or disposal of hazardous or toxic substances or wastes, as such lerms
are defined in applbabb laws and regulatrorls, or any other actrvrty that rrcub have
toxic resutts. and no sucfi hazardous or tofc substanes are currently used in
connedix! with the operatkrn dfhe Property" ard lhere is no proceedrrq or irqurny by
any authority with respect thereto. Seller has no knowledge that there is ground water
contamination on the Property or potential of ground water contaminalion from
nerghboring prcpedres. Selbr has no kn(riledge of storage tanks br gasoline or any
other subs{ances are (r were located on the Prope(y at any the durirqg or pnor to
Selb/s owneEtth fiereof. Se[er repesents no{E of t}re Properry has been used as a
sanitary landfill.
11.018 Selbr has no kno^dedg€ that the Property and Selbfs operations @n@ming
the Property are in violatim of any applir:abb Federal. Slate or local statute law or
regulatton, or of any notft:e from any govemmental body has been served upon Seller
claiming any violation of any law, ordinance, code or regulation or requiring or calling
attentirn to trle nd for arry work. repairs, constn ction. alterations or installatton on or
in conoeciim with the Property rn order to comply with any laws. ordinanes. codes or
reguHion with whici Sdbr has rrct @rpbed
16.E.1.c
Packet Pg. 1689 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
1 1-019 Ttcre are no unrecorded redndions, easements or r{1hts of way (other than
existing zoning reguhtions) that rcstid or afu the use of the Property, and there are
no rnaintenance, conslrudirn, ady€rift*ng" rrEnagement" leasing,, empbyrnent" service
or other cofltracG afiecting the Property.
11.020 Selter has no knowledge that there are am! suils. actEns or arbrHion. bond
issuances or pmpcab therefor. proposals for pubhc improvement assessnents.
pay-bad( agtBetrEnts- paviry agreenrents. road expanso r <rr #npro\rernent
agreements, utility moratoriums, use moratoriums, impro\rement moratoriums,
administrative or other proceedings or governmental invest[ations or requirements.
fonnal or infornral. existiqg or pending or ihreatened Bnrich affects tre Property or which
adversely affecls Seile/s ability to perform hereunder" nor is there any other charge or
experEe lpon or related to the Property n'hach has not been dbclGed to Purchaser in
writing prior to the effective date of this Agreement.
11.021 Selbr acknoflledges and agrees that Purchaser rs entenrB into this Agreement
based upon Sdbr's representatbns stated above and on the urderstanding that Selbr
wll nol cause ttre zofling ot fiysrcal condilbn of fte Property to cfrarEe frorn rts exrsting
state on the effective date of this Agreement up to and including the Date of Closing.
Therefore. Selbr agrees not to enter anto any contracts or agre€ments penaining to or
affecfing the Property and not to do any act or omit to perform any ac{ which urould
change the zoning or physical cordition of the Property or the gorernnrenAl ordinances
or lalvs goveming same. Seller also agrees to nofiry Purchaser promptty of any change
in the facts contained in the foregoing representations and of any notice or proposed
cfiange in the zonrng, or any o8ler adron or notice" that may be propGd or
promulgated by any third parftes or any giovernmental authorities having junsdiction of
the derelofnenl d Src prryrty wt*ch rnay restnci or cfiarEe any ottrer conddron of
the Property.
11-022 At tte Closirry, Selbr shall deliner to Purchaser a statement (hereinafter call€d
the 'Cftcsmg Representative Statemefio resserting tfrc foregoing representatbns as
cf fte t)aE d Clo6rtg. wttictr prwsrors shall survive the Chsirg
11 023 Seller represents. warrants ard agrees to indemnifo. reimburse. de-bnd and
hold Purchaser harmless frorn any and all costs (including attomelr's fees) asserted
aga,nsf. imposed on or inqrned by Purchaser. direc[y or indirecfly. pursuant to or in
connec{ion wth ttle applacation of any federal, state. local or cl,nmor law relatirE lo
pollution or protec{ion of the environment which shall be in accordance with, but not
limiH lo. tre Cornpreher6ive Envirmmenfal Response. Compensation. and Liability
Ad of 1980. 42 U.S.C. Section S01. et seq.. ('CERC[A" or "Superfund'). which was
amended ard upgraded by lhe Sryerfurd A,mendrnent and Reauthoriza:tinn Ad of 1986
rSARA), including any amendments or suc@ssor in function to these acts. This
provision and the rights of Purchaser, hereunder, shall survive Closing and are not
deemed satisfied by conteyane of lide,
16.E.1.c
Packet Pg. 1690 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
11 024 Any loss andrOr dalnage to ttЮ Properけ between the date of this Agreement
and tlle date of Closlm Sha∥be Semers sOle nsk and expense
Xil NOTICES
12 01 Any notlce. request,demand, instructlon o「other oommunication to be given to
elher pa●hereunder sha“be h…,鰤 by ttglstered、or ce面 劇ma∥remm reOei膵
requested.postage prepald.addBsed as foll―:ifto purchaser Real Propeny Management
Admlnlstratlon Bulldlng
3335 Tamtami TraJ East―Sulte 101
Naples Flonda 34112
Wlh a copyto: Ofrlce Of the County Attorney
Admlntstraton Building
3299丁amlami Tra∥East‐Sulte 800
Naples Flonda 34112
lfto Se∥er Chistine M Stepien、et al
5279 Mil■ary RoadL―ston NY 14092
With a copy to:
12-V2 TIP- addressees and ddresses for the pupose of ths Artde may be cfiarlged by
either party by giving written notice of such change to the other party in the manner
prorided lrerein. For the purpose ol cfiangilg such addresses or addressees only. unbss
and until sucfi witten notbe ls received. tlle last addressee and respective address stated
herchr shall be deened to continue in eftc{ for all purpces.
XIII" REAL ESTATE BROKERS
13,01 Any ard all brokerage commissbns or fees shall be the sob responsrbihiy ot ttle
Seller. Sefler sha[ foxlemnify Purchaser and hou Purcfiaser ha]mbss fiorn and agalnst
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
representatre. in connec{irn with lhis AgIeefltent. Selbr agrees to pay any and all
commissions or fues ar dcing pursuant to the terms of a sepaEte agreemenl. if any.
XIV. MISCELLANEOUS
14-01 This Agreernent may be exeqrEd in any manner of counterparts which together
shall co{lsml,te the aqreenEm of $te parlies
16.E.1.c
Packet Pg. 1691 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
14-02 This Agreement and the terms and provbions hereof shall be effective as of the date
thE Agreernent is executed by both paflbs ard shall inure to the berEfit of and be bindtng
upon the padies hereb and their respective heiG" erecrlors. personal representat ves
succsssors, srrcoessor fiuste€, and assrgnees w'tenever ttrc context so requrres or adm s
14"03 Any am€ndment to this Agreernent shall not bind any of the partbs hereof unbss
sucfi amendmenl is in uiting and exeqjted and dated by Purchaser and Seller. Any
an€rdrner to trb Agree[Ent stta[ be binding upon Purchaser and Seller as soon as rt
has been executed by both parties.
14,(x Caplims and seclim headings containd in this Agreement are for conneniene and
refurernce onlyr in oo way do they defue" describe" extend or limit lhe scope or ir ent of
thb Agreernent or any pronbions hereof
14,05 All terms and words used in this Agreement" regardless of the number and gender
in rfik$ used. shall be deerned to ancrude any olher ge{rder (r nurnber as the contexl or
the use tllered may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing
sgned by the party against *thorn it is asserEd. and any waiver of any provbion of this
Agreement shatl b€ applicabb only to the specific instance to whbh it rs related and shall
nd be <feeme<t to be a contrnuirq or fr.rlure wait er as to such prorrisbn or a wai\rer as to
any other provbion.
14.07 lf any date specifred in this Agreement falls on a Saturday. Sunday or legal holiday.
then ltle dete to wtridr such reference is made shall be extended to the nelt succeeding
busiress day.
14.08 Seller is aware of and understands that the "offer" to purchase represented by this
Agreernent b sub1ed to acceptance and approval by the Eoad of Cornty Cornmissioners
d Collier County. Florida-
14.G) lf the Selbr holds lhe Poperty rn the form of a parbershb. lrnited parfrership-
corporalion, trust or any f(xm of representatirre capaqty whatsoe\rer for others, Seller shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath,
of tE name and arldress d erery person havrng a Mcral inlerest in the Property befole
Propery held in srrch capacry b conveyed to Collbr County (lf lhe corporatbn is
regBtered with Ole Federal SecurilEs ExdrdtgB Cornmissirn or regisbred pu.suant to
Chapter 517, Florida Slatutes, whose stock rs for sale to the general pubtic, it is hereby
exempt fron the provisions of Chapter 286" Florida Statutes. )
14.'10 This Agreement b gpv€nEd and cdlstn ed in accordance with the laus of the State
d Fbrita.
16.E.1.c
Packet Pg. 1692 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
XV" ENTIREAGREEMENT
15-01 Thls Agreernent and the e,dribils attac*led hereto contain lhe entire agreement
betryeen the parties, and no promise, representation, y!,aranty or co\renant not included in
this Agreement or any such referenced agreements has been or is being relied upon by
either pafi. No modification or arnendrnent of this Agreement shall be of any force or
effec{ unkess rlEde in writing and executed ard dated by both Purcfiaser and Seller- Time
is of the essence of thb Agreement"
lN WITNESS WHEREOF, the partbs hereto have sEned bebvr.
Dated Pro,ecuAcquisition Approved by
BCC:
AS TO PURCHASER:
DATEDi
A::LST:
DWIGHT E BROCK,Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISS:ONERS
COLLiER COUNTY,FLORIDA
BY:
" Deputy Cbrk tMillbm L i/lcDanbl, Jr-, Chairman
燿 盤 lた 場 。mey 9ギ
16.E.1.c
Packet Pg. 1693 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
ル0//9AS TO SELLER:
DATED:
(S19中 rel
Tyfock. akla Janes Z.
'($fnature
(Slι ′μ4.Sレ ヘ
(Pnnted Name)
①
16.E.1.c
Packet Pg. 1694 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
(Pnnted Narrle)
oerro,S-R-2s\i
W:丁 NESSESi
(Signaturg)
(P“nted Name)
Celeste Caims.aAla Celestlne Ann Cairns
Claudette Bish. a/Ua Claudette Terese
(Printed Name)
■2`た x´″′J4ノ ムメrZ′n_
(Prlnted Narle)
16.E.1.c
Packet Pg. 1695 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
DATEDヨ 堆 曇 肛 二
ture) ~~
一=各 番嵩詳ろiS｀
) ~
○
16.E.1.c
Packet Pg. 1696 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
EXHIB!T“A"
PIDギ : 40806320009
Al ofTRACT NO_72.GOLDEN GATE ESTATES,UNIT N0 79 according to the
map or piat thereof recorded in P:at Book 5,Page 17,ofthe Pub:ic Records of
cdmer cOunty,Fbnda
○
16.E.1.c
Packet Pg. 1697 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
Page 1 of I
http://maps.collierappraiser.com/output/Collier-2019-sde03189202128895920jpg 8/13/2019
16.E.1.c
Packet Pg. 1698 Attachment: Contract - EMS - GGE (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
AGREEMENT
]'HIS AGREEMENT made this day of 2019. between the
COLLIER COUNTY EMERGENCY MEDICAL SERVICIS DMSION (hereinafter ref'erred Io as the
"EMS"), whose mailing address is 8075 Lely Cultural Boulevard, Suite 267, Naples, FL 34113, and COLLIER
COUNTY, A POLITICAL SUBDMSION OF THI STATE OF FLORIDA (hereinafter referred to as the
"County"), whose mailing address is c/o Real Proper[ Management 3335 Tamiami Trial EasI, Suite 101,
Naples, FL 34112.
WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to
as "Property"), from Avatar Properties Inc., flWal GAC Properties Inc., in accordance with the November 15,
1983 Agreement between Avatar Propefties inc. and Collier County (hereinafter referred to as the "1983
Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the monetary
proceeds acquired lrom the subsequent sale of said Property are to be used to provide governmental facilities
within and for the geographical area known as "Golden Gate Estates"; and
WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS. the County has determined that a disbursement of a portion of said f-unds to EMS is in
accordance with the intenl ofthe provisions ofthe 1983 Agreement and accomplishes the purposes of said l98l
Agreement by providing lunds for purchasing a 5.46 +l- acre parcel of land in Llnit 79. Golden Gate Estates
("Parcel"); and
NOW THEREFORE, in consideration ofthe above recitals, which are incorporated herein and made paft
of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and
valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do
agree as follows:
l. The County hereby agrees to fund One Hundred and Five Thousand Dollars ($105,000), hereinafter
referred to as the "Funds," to be expended for the purchase of the Parcel in accordance with the terms and
conditions ofthis Agreement, provided said Funds are to be used solely for the purpose of purchasing the Parcel.
2. EMS agrees and warrants that the Parcel, purchased with the Funds, shall be utilized solely by EMS
and other Countf agencies further described herein for the primary purpose of providing public safety and
rnedical emergency iervices to the residents and visitors of Golden Gate Estates. EMS agrees to co-locale
Greater Naplei Fire and Rescue District and the Collier County Sherifl's Office at this location, if required by
either agency. and those agencies shall contribute in the costs for developing the structure' related
improvements, and on-going maintenance and enhancements thereto.
j. The parcel shall be purchased by EMS within twelve (12) months ofthe execution ofthe Agreement by
borh parties.
4. If EMS obtains any moneys as a gift, contribution or reimbursement, through any grant program or any
other funding source, pertaining to the purchase of said Parcel, such gift, contribution or reimbursement. shall be
RETURNEj within t'hirty (30i days oi receipt by EMS and forwarded to the Board of County Commissioners
for deposit into the GAC Land Trust Account as reimbursement ofFunds provided for by this Agreement.
5. EMS covenants and agrees that upon the payment of all or any portion from the Funds, in accordance
with the obligation conrained in this AgreLment, it shall be the further obligation of EMS to pay any remaining
balance required to complete the purchase ofthe Parcel.
{.-to
16.E.1.d
Packet Pg. 1699 Attachment: GAC agreement (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)
6. EMS covenants and agrees that this Agreement is solely between the County and EMS and, although lhe
County shall transfer Funds to EMS for all or only a portion of the Funds on behalf of EMS, the County shall
have no direct or indirect liability to any parties of the Parcel or any other third party resulting irom this
Agreement.
7. EMS understands and agrees that the Funds to be provided to EMS in accordance with the terms ofthis
Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the
Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for
the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales
Fund). EMS further understands and agrees that no ad valorem taxes, revenues or moneys from other sources
have been committed or will be committed by the Collier County Board of County Commissioners for the
purposes set forth in this Agreement.
8. This Agreemenl is governed and construed in accordance with the laws ofthe State of Florida.
9. Any notice required by this Agreement shall be addressed to the parties at the address set forth below:
If to COUNTY:
Collier County
c/o Real Property Management
3335 Tamiami Trail East, Suite l0l
Naples, Florida 341l2
If to EMS:
Collier County Emergency Medical Services
8075 Lely Cultural Boulevard, Suite 267
Naples, Florida. 34119
10. This Agreement represents 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 parties.
IN WITNESS WHEREOF, EMS and County have caused this Agreem€nt to be duly executed on the day
and year first above written.
AS TO COUNTY
DATED:
ATTEST
Crystal K. Kinzel, Clerk of the Circuit Court
I]Y;By:
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legalitY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Jennifer A. Belpedio, Assistant County Attomey
=*',!-
"*'^*
16.E.1.d
Packet Pg. 1700 Attachment: GAC agreement (9929 : Acquisition of Land in Golden Gate Estates for EMS Station)