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Agenda 07/14/2020 Item #16C10 (Randall Curve Sales Agmt. Amend #6 - Yovanovich)07/14/2020 EXECUTIVE SUMMARY Recommendation to approve a Sixth Amendment to Real Estate Sales Agreement with Richard D. Yovanovich, Successor Trustee (and not individually) to increase the size of the Randall Curve Property by 5.16-acres for an additional $78,000 to provide private treatment and attenuation for a segment of Immokalee Road. OBJECTIVE: To add a 5.16-acre parcel to the Randall Curve Property to facilitate private stormwater management at a cost savings to the County. CONSIDERATIONS: On September 24, 2019, Agenda Item 11B, the Board (Seller) approved the Real Estate Sales Agreement (Agreement) that authorized the sale of the 47 +/- acre parcel (Property) commonly known as the Randall Curve Property to Richard D. Yovanovich, Successor Trustee (and not individually) (Purchaser). The Real Estate Sales Agreement is attached for reference. Section 7 of the Real Estate Sales Agreement provides the Purchaser with a ninety (90) day inspection period that terminates on December 23, 2019. On December 10, 2019, Agenda Item 16.F.7, the Board approved the First Amendment to Real Estates Sales Agreement to extend the inspection period to January 31, 2020. On January 28, 2020, Agenda Item 16.F.1, the Board approved the Second Amendment to Real Estate Sales Agreement to extend the inspection period to March 31, 2020. On March 24, 2020, Agenda Item 16.C.6, the Board approved the Third Amendment to Real Estate Sale Agreement to extend the inspection period to May 29, 2020. On May 26, 2020, Agenda Ite m 16.C.5, the Seller and Purchaser agreed to extend due diligence to June 30, 2020. On June 23, 2020, Agenda Item 16.C.1, the Seller and Purchaser agreed to extend the due diligence to September 30, 2020. The Purchaser had the Property surveyed which determined the acreage to be 45.02 acres. As such the addition of the 5.16-acres will result in 50.18 acres to be under contract. The 5.16-acre parcel is identified as Parcel 2 on Exhibit A attached to the Sixth Amendment to Real Estate Sale Agreement and is currently being maintained by the County as a dry retention area serving a portion of Immokalee Road. The 5.16 - acre parcel has been valued at $78,000 by the County’s in-house State Certified Appraiser. A copy of the appraisal is attached for reference. The benefit of this transaction to the County is the Purchaser will be obligated to maintain the stormwater management system, which includes stormwater ponds, control structures, drainage structures, and pipe conveyance system in perpetuity at its sole cost and expense. This cost savings to the County is estimated to be $20,100 per year, which consists of mowing every 2 weeks, spraying on a monthly basis, and maintaining the structures on an annual basis. The Sixth Amendment to Real Estate Sales Agreement has been reviewed and approved by counsel for both parties. GROWTH MANAGEMENT IMPACT: The sale is not inconsistent with the County’s Growth Management Plans. FISCAL IMPACT: At the time of closing, the Fund County will receive an additional $78,000 from the Seller for the sale of the 5.16 acre parcel. Funds will deposited in Fund 338, Cost Center 163658, Project 60018.1. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote. - JAB 16.C.10 Packet Pg. 1760 07/14/2020 RECOMMENDATION: To approve the Sixth Amendment to Real Estate Sales Agreement and authorize the Chairman to execute the Sixth Amendment to Real Estates Sales Agreement. Prepared by: Toni A. Mott, Manager, Facilities Management Division ATTACHMENT(S) 1. Real Estate Sales Agreement- Fully Executed (PDF) 2. First Amendment to Agreement - Fully Executed (PDF) 3. Second Amendment to Agreement - Fully Executed (PDF) 4. Third Amendment to Agreement - Fully Executed (PDF) 5. Fourth Amendment to Agreement - fully executed (PDF) 6. Fifth Amendment to Agreement - Fully Executed (PDF) 7. Sixth Amendment to Real Estate Sales Agreement - CAO initialed (PDF) 8. Dry Detention Valuation - Randall Curve (PDF) 16.C.10 Packet Pg. 1761 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.10 Doc ID: 12823 Item Summary: Recommendation to approve a Sixth Amendment to Real Estate Sales Agreement with Richard D. Yovanovich, Successor Trustee (and not individually) to increase the size of the Randall Curve Property by 5.16-acres for an additional $78,000 to provide private treatment and attenuation for a segment of Immokalee Road. Meeting Date: 07/14/2020 Prepared by: Title: Manager - Property Acquisition & Const M – Facilities Management Name: Toni Mott 06/30/2020 3:04 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 06/30/2020 3:04 PM Approved By: Review: Public Utilities Department Dan Rodriguez Additional Reviewer Completed 06/30/2020 4:12 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 07/01/2020 10:50 AM Facilities Management Drew Cody Director - Facilities Skipped 07/01/2020 11:31 AM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 07/01/2020 12:30 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 07/01/2020 1:42 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 07/01/2020 1:48 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 07/01/2020 3:59 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/01/2020 4:03 PM Budget and Management Office Ed Finn Additional Reviewer Completed 07/01/2020 4:37 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/03/2020 1:09 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/05/2020 7:51 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 16.C.10 Packet Pg. 1762 PROJECT: Randa∥Curve Property FOL10 NO: 37690040003 REAL ESTATE SALES AGREEMENT I胤評滞晰緊 ♂辞 8詭詣電 glL出 8鯰き辞留忌嚢鶏辞 ,■潔 l訳 here:nafter referred to as・ Se∥er"whose ma∥ing address is 3335 Tamianli Tra∥East,Naples,FL34112, and, RiCHARD D. YOVANOViCH, SuCCESSOR TRuSTEE (AND NOT :NDiVlDUALLY),hereinafter referred to as'Purchaser・ whose malllng address is c/o Crown Management Services,LLC,207 Cherry H∥:Drlve,Presto,PA 15142 WHEREAS,Se∥er desires to se∥the 47+/‐acre parcel deined below as the County Property for a cash payment and exchange of a 10 +/‐ acre pa“ン3 defned below as the Estates Shopping Property owned by Purchaser on the terms and condに ions hereinafter set forth VVHEREAS, Se∥er sha∥ retain a “useable" one―acre tract of land on the County Property to fac∥itate a County service bu∥ding to serve the commun:ty NOW,THEREFORE,in consideration of the recna:s,the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufFciency of which are hereby mutua∥y acknowiedged,itis agreed by and bet″een the parties as fo∥ows: I RANDALL CuRVE PRΩ PERIY The rea!property owned by Se∥er and to be sold to Purchaser,which is sublect to this Agreement,(hereinafter referred to as"County Prope■プ)islocated in co∥ier County, F:orida, is commonly known as the Randa∥ Curve Property and described on ExhibittA"attached hereto and made a part hereof 2 ESTATES SHOPPiNG PROPERTY The real property owned by Purchaser and to be conveyed to Seller,which is sublect to this Agreement,(here:naier refered to as・ Estates Shopping Property")is loCated in Col∥er County, Florida and described on Exhibit“B"attached hereto and made a part hereof 3 SALE.CONVEYANCE and EXCHANGE Se∥er agrees to se∥and convey Se∥ers nght,ttle and interestin and to the County Property less a one‐acre useable tract(40ne‐Acre Tractり to Purchaser,and Purchaser agrees to purchase the County Property from Se∥er atthe prlce and upon the terrns and conditions hereinafter set forth ln addition to the Purchase P∥ce(deined below), in eXChange for the County Property, Purchaser sha∥convey at no cost to Se∥er the Estates Shopping Property,at the ter7nS and conditions hereinafter set fOrth Both the County Property and the Estates Shopping are being sold in their “as is" condiJon THE “AS‐IS"NATURE OF THIS AGREEMENT APPLIES TO ALL ASPECTS OF BOTH THE COUNTY PROPERTY AND ESTATES SHOPPING PROPERTY THE PARTIES ACKNOWLEDGE ANDAGREE THAT THE ・ASJS" NATURE OF THIS AGREEMENT WAS THE BASIS FORDETERMIN!NG THE PURCHASE PR!CE THE PURCHASE PRiCE FOR THE COUNTY PROPERTY IS BASED UPON LAND VALUE ONLY AND NO VALUE HAS BEEN AT「RIBUTED TO ANY STRUCTURE OR OTHER IMPROVEMENTS CONSTRUCTED ONTHE COUNTY PROPERTY OR THE ESTATES SHOPP!NG PROPERTY NEITHER 16.C.10.a Packet Pg. 1763 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) PURCHASER NOR SELL SHALL HAVE ANY MAINTENANCE OR RISK OF LOSS RESPONSIBILITIES WITH RESPECT TO THEIR RESPECTIVE PROPERTY. 4. EXECUTION OF AGREEMENT. Purchaser shall execute this Agreement in advance of submittal to the Board of County Commissioners. The date the Board of County Commissioners approve ot this Agreemenl shall be referred to herein as the "Effective Date'. 5. TITLE. Title to the County Property shall be conveyed to Purchaser by Statutory Deed and title to the Estates Shopping Property shall be conveyed to Seller by Special Wananty Deed. ln addition to the foregoing, both parties agree to execute an owne/s gap, construction lien and non-foreign affidavit, closing statement and all such other documentation requested by either party's attomey in order for it to obtain an owner's title insurance policy. 6. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the County property is THREE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($3,750,000), payable by Purchaser to Seller. Within three (3) business days after the Etfective Date, Purchaser shall pay to Coleman, Yovanovich & Koester, P.A. ("Escrow Agent'), an initial deposit in the amount of ONE HUNDRED EIGHTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($187,500) hereinafter referred to as ("lnitial Deposit"). Priorto the end of the ninety (90) day Due Diligence Period, if Purchaser has not elec;ted to terminate lhis Agreement, purchaser shall pay to Escrow Agent an additional sum of ONE HUNORED EIGHW-SEVEN THOUSAND, F|VE HUNDRED DOLLARS ($187,500), hereinafter referred to as ('second Deposit") so that the total deposit equals THREE HUNDRED SEVENTY-FIVE THOUSANO DOLLARS ($37S,OOO) and shail be non-refundable except for Seller's default or Purchaser's failure to obtain all required County land use entitlements and all required State and Federal approvals set forth in Section 8, below. The lnitial Deposit and the Second Deposit shall collectively be refened to as the 'Earnest Money." The balance, after credit of the Earnest Money and any prorations and adjustments, shall be paid by PURCHASER to SELLER at closing of this transac{ion. 7. INiECTION PERIOD AND DUE DIL|GENCE. purchaser shail have a period of ninety (90) days from and after the Effec{ive Date ("Due Diligence Period") to inspec{ the county property, including the right to make engineering and soil tests, analyses and other investigations, and to investigate and/or review any other facts, circumstances or matters, or to perform any and all due diligence, which Purchaser deems relevant to the purchase of the County property. This Agreement shall terminate if prior to the expiration of the Due Diligence period, purchaser delivers to Seller written notice that lhe County Property is not suitable to Purchaser for any or no reason in Purchaser's sole and absolute discretion. lf Purchaser terminates this Agreement pursuant to this section, then upon such termination, Purchaser shall receive an immediate refund of the lnitial Deposit then held by Escrow Agent, end thereafter neither party shall have any further obligations to the other hereunder. 8. LAND USE ENTITLEMENT CONDITIONS. Purchaser's obligation to purchase the County Property and exchange the Estates Shopping Property is contingent upon purchaser obtaining: (a) final approval of any rezone, and any amendment(s) to the Collier County Growth Managemenl Plan and/or Land Development Code, as are necessary to obtain such rezone, to permit commercial and/or residential uses on the County Property acceptable to the Purchaser in Purchaser's sole and absolute discretion, and (b) an amendment to the Estates Shopping Center Sub-district and the Estates Shopping Center CPUD to eliminate the grocery store requirement and to add the Counly's proposed uses for essential public service to include, but not be limited to, workforce housing, senior housing, VA nursing home and an animal sanctuary. 16.C.10.a Packet Pg. 1764 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) Purchaser shall work with the Seller during the €ntitlement process to agr€e upon the legal description of the One-Acre Tract and to define and develop the appropriate development standards for the One-Acre Tracl. The One-Acre Tract will be fully mitigated and not required to provide preserve, open space, water quality and waler quantity management within the acre and shall have access to the main access road of lhe development. The Purchaser will work with lhe Seller's representative to define development standards that reduce the setbacks and buffering to the parent parcel during the rezone process, eliminate the grocery store requirement and obtain uses on the remaining parcel between Wilson Boulevard and l"tStreet Northwest acceptable to Purchaser in Purchaser's sole and absolute discretion. Ouring the entitlement process, at Purchaser's request, Seller shall execute all petitions to add the Purchaser's desired uses on the County Property including, but not limited to, a petition to amend ihe Collier County Growth Management Plan and a petition to rezone the County Property. The Purchaser shall use his best efiorts to obtain the land use entitlements within twenty-four (24) months of the execution of this Agreement. Should the purchaser fail to complete the entitlement process within thirty (30) months, then this Agreement shall terminate and the Earnest Money shall be returned to the Purchaser and the parties shall have no further obligations hereunder. 9. TITLE AND SURVEY EXAMINATION. A. Within forty-five (45) days after the Effective Date, Purchaser may obtain atitle insurance commitment with respect to the County property ("Tifle Commitment'). lf the Title Commitment reflects lhat tifle to the County prope(y is subjecl to matters that are not acceptable to purchaser, purchaser shall notify Seller of Purchase/s objections to the same in writing by no later than forty-five (45) days after the Effective Date, and the same shall be treated as defect(s) ("Objections"). Unless Purchaser timely delivers written notice to Seller of the Objections, Purchaser shall be deemed to accept tifle to the County property in its then existing condition. Seller shall, by no later than ten (10) days from and after receipt of the Objections, provide written notice to Purchaser stating whether it will cure (or attempt to cure) the Objec{ions, which decision shall be in Seller,s sole and absolute discretion. lf Seller elecls to cure (or attempt to cure) the Objections, Seller shall have until the expiration of the Due Diligence period (the.Cure period"). lf Seller does not agree to cure the Objections (or if Seller elects to attempt to cure one or more Obiections, but is unable to timely cure the same prior to the expiration of the Cure Period), Purchaser shall have the option of either: (i) proceeding with this transaction in accordance with the terms and provisions hereof and accepting all title matlers in their then existing condition; or (ii) terminating lhis transaction upon notice to Seller prior lo the expiration of the Due Diligence period, whereupon the lnitial Deposit shall be returned to Purchaser, and Seller and Purchaser shall be released from any and all further obligations and liabilities arising under or out of this Agreement. Despite the foregoing, Seller shall be required to cure defects in title related to monetary items such as liens or mortgages created by Seller or as a consequence of Seller's ownership of the County Property. Between the Efiective Oate and Closing, neither party shall encumber their respective property with any lien or other encumbrance that is not expressly permifted or reasonably contemplated by this Agreement or that cannot be satisfied or otherwise discharged by prior to or in conjunction with Closing. 16.C.10.a Packet Pg. 1765 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) B. Within forty-five (45) days after the Effective Date, Purchaser may obtain a boundary survey of the County Property ("Survey"). lf Purchaser obtains the Survey, and the Survey correctly shows: (a) an encroachment onto the County Property, (b) that an improvement located on the County property proiects onto lands of others, (c) lack of legal access, or (d) encumbrances or defec,ts, then Purchaser may provide Seller with a copy of the Survey and notify Seller of any such encroachment, encumbrance or defect and the same shall be treated as Objections and are subject to the provisions of Seclion 9.A, above. lf purchaser has failed to terminate the Agreement prior to the expiration of the Due Diligence Period, then Purchaser shall be deemed to have accepied all survey related mafters in their existing condition. 10. PRORATIONS. ADJUSTMENTS AND CLOSING COSTS. A. The following items shall be prorated and adjusted between Seller and purchaser as of midnight of the day preceding closing: 1. All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by purchaser. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing, the amount of proration and adjustrnents as aforesaid shall be determined or estimated to the extent practicable and lhe monetary adjustment shall be made between Seller and Purchaser. All such prorations and adjustment shall be final. B. Purchaser shall pay for all costs associated wilh this transaclion including, but not limited to all the associated costs of the land swap including zoning and use approvals, engineering, surveying, transfer, documentary taxes, and recording costs for any curative instruments. Purchaser agrees to pay the cost of publication of the legal notice soliciting bids on the Premises. Seller shall pay the costs of recording the conveyance instrument. 'l l. DEFAULTS AND TERMINATION. lf Purchaser defaults hereunder and such default has not been cured within ten (10) days afler written notice of such default lo Purchaser, then provided Seller is not in default, Seller's sole remedy shall be to terminate this Agreement by giving Written Notic€ thereof to Purchaser, whereupon the Eamest Money paid to date shall be retained by Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that Seller's aclual damages in the event of Purchaser's default are uncertain in amount and difiicult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. lf Seller defaults hereunder and such default has not been cured within thirty (30) days afier Written Notice of such default to Seller, and provided Purchaser is not in default, Purchaser may, at its option: (a) terminate this Agreement, whereupon the Eamest Money shall be returned to Purchaser and neather party shall have any further liability or obligation to the other, 16.C.10.a Packet Pg. 1766 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) (b) enforce this Agreement by a suil for specific performance, or (c) pursue any other remedy available by law or in equity. 12. EXPENSES. Any and all costs and expenses incurred by Seller in connection with this transaclion, including, without limitation, associated costs of the land swap including zoning and use approvals recording fees, conveyance fees, public notice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by purchaser. Notwithstanding the foregoing, Seller shall be responsible for Seller's legal fees and expenses. 13. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of Purchaser shall be the sole responsibility of the Purchaser. Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Purchaser as a real eslate broker, salesman or representative, in connec-tion with this Agreement, including costs and reasonable attorneys' fees incident thereto. Notwithstanding the foregoing, Seller represents and warrants lhat no brokers or realtors have been engaged by Seller with respect to the purchase and/or sale of the County Property or the Estales Shopping property. This provision shall survive closing of this transaclion. 14. CLOSING. Closing shall take place during normal business hours at the offices of the Escrow Agent, 4001 Tamiami Trail North, Suite 300, Naples, Florida, 34103, or such other location as parties may select, within 30 days from the date purchaser obtains the last of all necessary Counly, State and Federal approvals. 15. GENEML PROVISIONS. A. This Agreement, including all exhibits attached hereto and documents to be delivered pursuant herelo, shall constitute the entire agreement and understanding of theparties, and there are no olher prior or contemporaneous written or oral agrCements, undertakings, promises, warranties or covenants not conlained herein. B. This Agreement may be amended only by a written memorandum subsequen y executed by all the parties hereto. C. No waiver of any provision or condition of lhis Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, ac1 or default. D. Time is of the essence of this Agreement. ln the computation of any period provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. ln the event lhat any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only and shall not be construed as a part of lhis Agreement. 16.C.10.a Packet Pg. 1767 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) W:TH A COPY TO: G. This Agreement shall be binding upon and shall inure to the benefit of the padies hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by Purchaser without the prior express written consent of Seller, which consent may be withheld for any reason whatsoever. Notwithstanding the foregoing, Purchase may elect to take title to the County Property in the name of a trust and/or entity related to Purchase or Robert Crown. H. Any and all notices permitted, or required to be given hereunder, shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. AS TO SELLER:Collier County Real Property Management Attention: Toni A. Mott 3335 East Tamiami Trail, Naples, Florida 34112 Collier County Attorney's ffice Attention: Jeffrey A. KlaEkow, County Attorney W. Harmon Turner Building, 8h Floor 3335 East Tamiami Trail, Naples, Florida 34112 AS TO PURCHASER: Crown Management Services,LLC W!TH A COPY TO: Attention: Robert Crown 207 Cherry Hill Drive Presto, PA 15142 Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 L This Agreement shall be governed in all respects by the laws of the State of Florida. lf any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable paralegal and attorneys' fees and all out of pocket third party costs incurred in that action or prooeeding, including those related to appeals. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all the parties, and all of which shall b€ construed together as but a single instrument. K. Possession of the County Property shall be delivered to the Purchaser at Closing. Possession ofthe Estates Shopping Property shall be delivered to the Seller at Closing. L. The word "Closing", or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjoumed time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. 16.C.10.a Packet Pg. 1768 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) M. This Agreemont is betr,\reen Seller and Purchaser and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by Seller pursuant to this Agreement. N. All the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by Purchaser. lf so recorded by Purchaser, this Agreement shall be deemed ipso facto canceled and terminated, the Eamest Money shall thereupon b€ retained by or paid to Seller as liquidated damages for such default, and Purchaser shall have no further interest in the County Property, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effecl, and have not been relied upon by Purchaser. 16. ESCROW AGENT. Escrow Agent shall not be responsible for any defaults hereunder by any party. ln the event of an actual or potential dispute as to the rights of the parties hereto under this Agreement, the Escrow Agent may in its sole discretion, continue to hold the Earnest Money until the parties mutually agree to lhe release thereof, or until a iudgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit any monies and all instruments held puEuant to this Agreement with the Clerk of Court, Collier County, Florida, and upon notifying all parties concerned of such action, all liabilaty on the part of the Escrow Agent shall fully terminate, except to the extent of an account of any monies theretofore delivered out of escrow. All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for any action taken or omitted by Escrow Agent, including but not limited to any mis-delivery of monies or instruments subject to this escrow, unless such mis- delivery shall be due to willful breach in bad faith of this Agreement or gross neglagence on the part of the Escrow Agent. All of the terms and conditions in connection with Escrow Agent's duties and responsibilities and the rights of Seller, Purchaser and any lender or anyone else, are contained in this instrument, and the Escrow Agent is not required to be familiar with the provisions of any other instrument or agreement, and shall not be charged with any responsability or liability in connection with the observance or non-obseNance by anyone of the provisions of any other such instrument or agreement. Escrow Agent may rely and shall be protected in acting upon any paper or other document which may be submitted to Escrow Agent in connection with its duties hereunder and which is believed by Escrow Agent to be genuine and to have been signed or presented by the property party or parties and shall have no liability or responsibility with respect to the form, execution or validity thereof. Escrow Agent shall not be required to institule or defend any action or legal process involving any matter ref€rred to herein which in any manner affects it or Escrow Agent's duties or liabilities hereunder unless or until required lo do so by the Purchaser or Seller, and then only upon receiving full indemnily in an amount and of such charac{er as Escrow Agent shall require, against any and all claims, liabilities, judgments, attorneys' fees and other expenses of every kind in relation thereto, except in the case of Escrow Agent's own willful misconduct or gross negligence. Escrow Agent shall not be bound in any way or affected by any notice of any modification, cancellation, abrogation or rescission of this Agreement, or any fact or circumstance affecling or alleged to affect the 16.C.10.a Packet Pg. 1769 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) rights or liabilities of any other persons, unless Escrow Agont has received written notice satisfactory to Escrow Agent signed by all parties to this Agreement. 17. OTHER PROVISIONS: A. Seller and Purchaser have the right to maintain possession of their respective properties until the date of closing.816.C.10.a Packet Pg. 1770 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) !NW:TNESS WHEREOF,the paFtleS have caused this Agreementto be executed as of the day and year lrst above wntten AS TO SELLER: I? L. McDaniel, Jr., BOARD OF 16.C.10.a Packet Pg. 1771 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) AS TO PURCI-IASER (as to all): DATED: ′ヽ Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 ILL-. , ) ( Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1 , 2005 i)- > (-.._- Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust ,1t-t-' ) Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1 , 2005 (- Richard D. Yovanovich, as Successor Trustee of Land Trust 850.03'l under Land Trust Agreement dated December 'l , 2005 Print N.me: 10 16.C.10.a Packet Pg. 1772 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) Exhibil "A' County Propcrty All of Tract "A", Golden Gate Esrates, llnit 22, according to the plat thereol as recorded in Plat Book 7, Pages 8-j and 84 of the Public Records of Collier County, Florida, LESS AND EXCEPT that portion conveyed by Statutory Deed and recorded in O.R. Book 4079, Page 1358. 16.C.10.a Packet Pg. 1773 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) Exhibit・ B" Estates Shopping Property 16.C.10.a Packet Pg. 1774 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) IRCT 76 1 I RACI Ю5 IRACl l12 1 I TRri 141 (0R 26{0, PC ll57)(OR 4098 PC 5964) S89°40150"E (OR 5315 PC 2493) 10R519■lΨ l (ORコ 97 PC 5527)(OR 519' PC 0351) TRACT 143 L________ 60 印ヽ sPおり・[ | |∂`OaクNN 巨40150・ ■ 1瞳 1 87 1 r―――――――十一―――――― ■―――RC,80-|BLつ 4801m'_1___1 ! Ttt1 124爆T89 1 7●▲rI I||1PROPERIY DESCR:PT10N A PARcCL OF しNND BEINC ttL OF TRACT ::O ANO A PORTЮ N OF TttTS i09 AN0 漱E輔謙櫛典鵠渉RⅧP占躙懲1よ朧 ∥艦ぎ%〔おぉど∫E暇踪器 .雉、.器罐鷲N出ピ‰uI I∥[OF SND PLAT SOuTH 8940・ 50・邸 7. 840 00 FEET ro THE POINT OF 8EONNINC OF THE PARCEL OF LAND HEREIN DESCR,8ED: 了H〔NC〔 NORTH Oσ :9'10・ EAST, A DISTANC■ OF 93500 FEET: THENCE SOuTII 詳鼎ЪrttN:fⅧl‰ぎT∬。PttT腱:晰馬器1社 sotrH oo19'10・ WEST. A DSTANCC OF 93500 FEET TO A PONT ON IHEAFOREMENT10ED SOuTH しINE OF SNo PLAT, 7HENC〔 ALONC SNO SOuTH LINE. NORTH 8g40 50・ WESI.A DISTANCE OF 480 00 FEE了 10 THE PON7 oF BECINNINC CONTttNING 10 30 ACRES. MORE OR LESS NOTESi : BEARINCS SHOWN HERCON ARE OASC0 0N TIIC SOuTH LINE O「 GOLDENCATE ESTATES UNIT N0 11. AS RECOROED lN PLAT 800К 4 PACES 103AND 104, OF THc PuBLIC RECORDS OF COしにlER COUNTY, FLOR10A, AS 8〔INC N 8940.50‐W2 0!MCNSiONS SHOWN H〔REON ARE IN U S SURVEY FEET AI10 0EC:MALSTHEREOF5 1HIS SKEICH AN0 0ESCRIPTloN lS EQI VAL10 W:THOuT THE ORCINAL S,CNATυ RE ANO SEAL O「 A LiCENS[D FLOR:DA SURVEYOR ANO MAPPER NO A001T10NS OR DELE了 !ONS TO THIS SKETCH & DESCRIPT10N MAP AREP[RM1lTED WITHOuT THE EXPRCSSEO WR1lTEN CONSENT OF THE SlCN:NCPARTY LEGttND: POC ttNT∝Cい “ N鮨嘔NTP00 pONT∝BEO叫鰊 mCALは蜘SB鰍PB PLAT 000K PC PCISl 0 100' 200・ 400' SCALE: 1" = 200' THIS PLAN MAY HAVE BEEN ENLARCED OR REDuCED FROM INTENOED D,SPLAY SCALEFOR REPRODuCTloN REASONSGOLDEN CATE ESTA'ES uMI NO!2(PB 4,PC 105) DRAM BY: KIG GradyMinor Ci宙 I Englncers o Land SuⅣeyors . Cert orAuth EB IXX15,51 Cert orA●th LB IXX15151 0. Gr80l{lror ol.t Aaroclotcr, Prt. 3800 Vta Dcl Rcy Botrlt sprlrt!, Plorlds 3,1134 PlannelB . Landscape Archltscts Autnc l,C 28tXrO2€0 SKETCH AND DESCR:PT:ON 格ッ∠上 CHECKED BY1 0LS 000 C00C: 臼 0 00 ESTATES SHOPPiNG CENTER COLLiER COUNTY PARCEL LY:NG iNSECT10N 4,TOttSHIP 49 SOUTH,RANGE 27 EASTCOLL:ER COUNIY,FLOR:DA ―E: 1・ =氣r OATE: O AuCuST 2010 FlLE 1●・214・1 釧EET: ldl %w構:3oniL●SoHnm:2m0471144 16.C.10.a Packet Pg. 1775 Attachment: Real Estate Sales Agreement- Fully Executed (12823 : Randall Curve Sixth Amendment) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FIRST AMENDMENT TO REAL ESTATE SALES AGREEMENT This First Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of December p, 2019, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019(the "Agreement"),relating to the purchase and sale of a 47+/-acre parcel commonly known as the Randall Curve Property and legally described on Exhibit"A" attached to the Agreement. B. Seller and Purchaser hereby amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1.Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to January 31, 2020. 2.Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3.Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 4.Counterparts; Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment,any signature transmitted by facsimile or e-mail (in pdf. or comparable format)has the same legal and binding effect as any original signature. 1 16.C.10.b Packet Pg. 1776 Attachment: First Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) IN WITNESS WHEREOF,this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. SELLER: DATED: De, (0 , 2019 ATTEST: BOARD OF C •i COMMISSIONERS OF CRYSTAL K. Kf sL Clerk COL IEgirr DA Adik0,b40"L-k-C‘—' By: Dety Clerk W;/ iam. L. McDaniel, Jr., 'airman Attest as to Chairo signatirOonI A .. Approved as To form and legality: Alb JenArr B. Belp-:'o Asst. County Attorn- O 2 16.C.10.b Packet Pg. 1777 Attachment: First Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) AS TO PURCHASER (as to all): DATED:l 19 Th M t Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement laatvia, pit ivP`CU"Li la_)_ Dated June 10, 2009 known as Trust Witness (Signature) Number 850.045 Print Name: i do n 41A n 1'10 4'''Lx .- 7--D." - ' Witness (Signa ure) Richard D. Yovanovich, as Successor Print Name: D ,,A i , ;(-1 r n i L q Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 ill die/60.044`6'iLtd(2-- 4 ,A ..,,..A"' -----) ------ Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust A.,./1/4 ,- ) , Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 4. ,A....k. :,,i-Th , Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 3 16.C.10.b Packet Pg. 1778 Attachment: First Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) PROJECT:RANDALL CURVE PROPERTY FOL10 NO.:37690040003 SECOND AMENDMENT T0 REAL ESTATE SALES AGREEMENT hoe馴潔謡金躍邸蹴罵:T鸞淵 Ξ鯖暇贅:識器冊 :な品庶鏃憮OF COLLIER COUNTY,FLORIDA("Seller'),and RICHARD D.YOVANOⅥCH,SUCCESSORTRUSTEE(AND NOT INDIVIDUALLY)("PurChaser∥)RECITALS: A Seller and Purchaser havc cntcrcd into that ccrtain Rcal Estatc Salcs Agrecmcnt dated September 24,2019,as irstamcnded on December 10,2019(the∥Agrccment"),relating to the purchase and sale ofa 47+/‐acrc parccl cOmmonly known as thc Randan curve ProPcrty and lcgally describcd on Exhibit``A''attached to the Agreement B Seler and Purchaser hereby fulther amend the Agreement as more particularly provided for herel■.C Capitalized telllis used but not deflned in this Amendment shall have the sme meaning asc」bed to such capitalized te..1=sin the Agreement. AGREEMENT: NOW,THEREFORE,for and in considcntion ofthe mutual cOvenants contained herein and for other valuable consideration,the receipt and sufrtciency of which are hereby acknowiedged,Seller and Purchaser hereby agree the Agreement is alnended as fo∥ows: l Due Dlligence Period Purchaser's Duc D∥igence Pe」od(as deflned in SectiOn 7 of the Agreement)iS hereby extendcd to March 31,2020 2 Second Deposit Purchaser's Second DepoJt shJl be duc pHOr to thc end of the Due Diligencc Penod as extended hercby 3 -On and COninnatlon Except as provded herein,an tcnns and provヽ 10ns ofthe Agreement and the Hghts Ofthe parties thereunder shan remain unchanged and in fuli force and efFect Thc Agrccmcnt as lnodi6。d and amendcd hcrcby is hereby ratifled and conflllllcd in ali rcsPcctS In thc event ofa connict between the teHlis ofthe Agreement and the tenns hereot thc rights and Obligations of the parties hereto sha∥be govemed by the te∥∥s ofthis Amendment 4. cOunterpartsi Facsimilet Email This Amendment may be executed in any number of counterparts with the same efTect as if all parties hereto had signed the same document All such counterparts shal be construed together and JYll constitute one instrumcnt,but in secHng proofhereol it shall only be ncccssary to produce one such countcrpart For purposes ofthis Amcndment,any signaturc ① 16.C.10.c Packet Pg. 1779 Attachment: Second Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect ss any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the &te first above written. DATED:.r*uaryr[,"hZO Approved as to form and legality: SELLER: BOARD OF COUNTY COMMISS10NERS OF Bun L. Saunders, Chairman Jennifer B. Belped CO By:L16.C.10.c Packet Pg. 1780 Attachment: Second Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) AS TO PURCHASER(as to a∥): DATEE):Januaryノ彎∠′2020 4榛 ―Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 /F_ため―Richard D. Yovanovich. as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December I . 2005 ■^―Richard D. Yovanovich, as Successor Trustee of the Colden Gate Boulevard West Trust 4んも⌒ Richard D. Yovanovich. as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated Decembet l, 2005 ↓ス√ゝ摯 Richard D. Yovanovich. as Successor Trustee of Land Trusl 850.031 under Land Trust Agreement dated December l. 2005 16.C.10.c Packet Pg. 1781 Attachment: Second Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) PROJECT:RANDALL CURVE PROPERTY FOL10 NO.:376911C140003 THIRD AMENDMENT TO REAL ESTATE SALES AGREEMENT Ihis lhrd Amendmentto Real Estate Sdes Agreement(thiS∥Amendment∥)iS made and entcredinto efFective as of March 24,2020,by and beneenthe BOARD OF COUNTY COMMIssloNERS OF COLLIER COUNTY,FLORIDA c'Seller'),and RICHARD DoYOVANOⅥCH,succESSORTRUSTEE cAND NOT INDIVIDUALLD("Purchaser'). RECITALS: A Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated 滲報鱗:醐選鮮郡概だ￡辮蝠躙 f喫血 bit“A'attached tO the Agreement. B Seller and Purchaser hcrcby ntther amcnd thc Agrccment as mOre particularly pЮ vidcd for hcrein C Capitalized tems used but not deflned in this Amendment shall have the same mcaning ascHbed to such capitalized te..1.sin thc Agreement AGREEMEM: NOW,THEREFORE,for and in consideration ofthe muml cOvenants cOntained herch and for oぬ er vdЩ Ыe cOnsderatbn,慟 e κccu and sumc重鵠話計にh are L“by¨bOuedgcd,sdcr md Purchascr he“bD7 agrcc the Ag“ementお alltendedを l Due Diligence P“od Purchaser's Duc Diligencc Paiod(aS deflned in Section 7 oF dle Agreemcnt)iS hereby extended to May 29,2020 2 Second De,osit Purchaser's Second Deposit shall be due pnor tO thc end Of thc Duc Diligencc PeHOd as extendcd hereby 幣蝠謄鰤為朧艦頭 1∬ :艦糧』1棚棚盟需慇 hereby ratiflcd and cOnf11.1.ed in all respects ln the 篇獅亀鯉誌t福耀t盤柵琴常詰w器 :聰 _詭 “。1籠 e Hghts綱 Obli脚。郎J 4 COunterDarts:Facsiinilct Emall This Amendment maッ bc executed in any nurnber of counterparts wlth the same effect as if al pttes hereto had signed thc same dOctlmcnt All such counterptt shall be constmed together and shall cOnsthute onc instnlment,butin s∝king proofhereol itsha1l only be necessary tO produce one such cOunterpart For purpOses Ofthis Amendmcnt,any signaturc YI¨ 16.C.10.d Packet Pg. 1782 Attachment: Third Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) signature transmitled by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. SELLER: BOARD OF COUNTY COMMISS10NERS OF , FLOBIDA Burt L. Saunders, Chairman "t'" $- DATEDI March』±2020 Approved as legality: 16.C.10.d Packet Pg. 1783 Attachment: Third Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) AS TO PURCHASER(asto aH): DATED:March■2020 Witness (Sign Print Name: {,u.>>--< Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 カニb._ Richard D. Yovanovich, as Successor Trustee ofLand Trust 850.028 under Land Trust A$eement dated December 1, 2005 ネνし軽―Richard D. Yovanovich, as Successor Trustee ofthe Golden Gate Boulevard West Trust ルヽ_Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December l, 2005 輩ん、_Richard D. Yovanovich, as Successor Trustee ofland Trust 850.031 under Land Trust Agreement dated December I , 2005 illa Witness ゛ 16.C.10.d Packet Pg. 1784 Attachment: Third Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FOURTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Fourth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of May 26, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D, YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDMDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019, as first amended on December 10,2019, as second amended on January 28,2020 and as further amended on March 24, 2020 (the "Asreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legatly described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenanls contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agrcement is amended as follows: L Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to June 30, 2020. 2. Second Deposit. Purchaser's Second Deposit shall be duc prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights ofthe parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations ofthe parties hereto shall be governed by the terms ofthis Amendment. 4. Counterparts: Facsimile: Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterpar"ts shall be construed together and shall constitute one instrument, but in seeking proof hereol, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any 16.C.10.e Packet Pg. 1785 Attachment: Fourth Amendment to Agreement - fully executed (12823 : Randall Curve Sixth Amendment) signature transmitted by t'acsimile or e-mail (in pdl'. or comparable fbrmat) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser 1o be effective as ofthe date first above written. SELLER: DATED:May並 ,2020 BOARD OF COUNTY COMMISSIONERS OF Burt L. Saunders, Chairman Jenniler B. Belpedi Asst. County Attorn 16.C.10.e Packet Pg. 1786 Attachment: Fourth Amendment to Agreement - fully executed (12823 : Randall Curve Sixth Amendment) AS TO PURCHASER(as to a11): DATED: rra"y l,P. ZOZO Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 {l..L^.- -E__€ fuchard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December l, 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust lt \*\,- l\,/L-1_.r - -_) . >\ ' _ Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December I , 2005 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.03 I under Land Trus1 Agreement dated December 1,2005 16.C.10.e Packet Pg. 1787 Attachment: Fourth Amendment to Agreement - fully executed (12823 : Randall Curve Sixth Amendment) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FIFTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Fifth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into eflbctive as of June 23, 2020,by and between the BOARD oF couNTy coMMIssIoNERs oF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019, as first amended on December 10,2019, as second amended on January 2E,2o2o and third amended on March 24, 2020 and as further amended on May 26, 2020 (collecrively, the "Asreement"), relating to the purchase and sale ofa 47 +l- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: l. Due Diliqence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to September 30, 2020. 2. Second Deoosit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions ofthe Agreement and the rights of the pa(ies thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and conlirmed in all respects. In the event ofa conflict between the terms oflhe Agreement and the terms hereof, the rights and obligations of the parties hereto shall be govemed by the terms of this Amendment. 4. Counterparts: Iracsimile: Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proofhereof, it shall only be necessary to produce one such counterpart. For purposes ofthis Amendment, any signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. ′、、 16.C.10.f Packet Pg. 1788 Attachment: Fifth Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED:June 23.2020 AΠ EST:BOARD O「COUNTY COMMISS10NERS OF Burt L. Saunders, Chairman 16.C.10.f Packet Pg. 1789 Attachment: Fifth Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) AS TO PURCHASER(as to alり:DATED:June 9 2020 PrintName: IiapNr sgR Beefe$rO Richard D. Yovai-ovich, as Su-ccessor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 /-t-o>-<ffi, Trustee ofLand Trust 850.028 under Land 'l rust Agreement dated December l, 2005 Richard D. Yovanovich, as Successor Trustee ofthe Golden Cate Boulevard West Trus1 -(L,t-.>r< Richard D. Yovanovich, as Successor 'l'rustee of Land Trust 850.024 under Land Trust Agreement dated December I , 2005 Land Trust Agreement dated December I , 2005 WitnesS (Signature) PHnt Nalne:恥 _ J口 ιしヽャ Witness (Signath&) Richard D. Yovafl'ovich, as Successor Trustee of Land Trust 850.03 [ under =ヽ 16.C.10.f Packet Pg. 1790 Attachment: Fifth Amendment to Agreement - Fully Executed (12823 : Randall Curve Sixth Amendment) PROJECT:RANDALL CURVE PROPERTY FOL10 NO.:37690040003 SIXTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Sixth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of July 14,2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDMDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019, as first amended on December 10,2019, as second amended on January 28,2020 and third amended on March 24,2020 and fourth amended on May 26,2020 and as further amended on June 23, 2020 (collectively, the "Asreement"), relating to the purchase and sale of a 47 -tl- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1. County Property. The parties agree to increase the size of the County Property to 50.18 acres, more or less. Exhibit "A" attached to the Agreement is hereby deleted in its entirety and replaced with a new Exhibit "A" attached to this Amendment. 2. Purchase Price. The Purchase Price is changed to $3,828,000.00. 3. Closine Continsencies. As conditions of Closing, on or before the Closing Date, Seller shall ("Closinq Contineencies"): a. Execute a release of the use restrictions and right of reverter (in recordable form acceptable to Purchaser) contained in deeds recorded in O.R. Book 3930, Page 356 and O.R. Book 4079, Page 1356, both in the Public Records of Collier County, Florida; b. Provide the necessary affidavits, lien waivers and estoppel letters to allow the title/closing agent to delete Schedule B-lI exceptions I ,2, 4,5 and 6 as shown in Purchaser's title commitment prepared by First American Title Insurance Company Revision Number 4 dated January 13,2020 ("Title Commitment"); and 16.C.10.g Packet Pg. 1791 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) c. Provide the deeds and affidavits required in the forms described in Schedule B-I items #4(a) and 4(b) as shown in the Title Commitment. If Seller is unable to satisfy all of the Closing Contingencies by the Closing Date, Buyer may either: (a) waive the Closing Contingencies, in writing, and proceed to Closing, or (b) terminate the Agreement by providing written notice to Seller on or before the Closing Date, in which event all deposits shall be returned to Buyer without further action of the parties and the parties shall have no further rights or obligations under the Agreement. 4. Storm Water Manaqement. If, after Closing, Purchaser elects to modify Pond #9, the following terms and conditions shall be applicable: Pond # 9 located at the intersection of Immokalee Road and Randall Boulevard provides treatment and attenuation for a segment of Immokalee Road. Based on the approved permit, the pond currently provides I .10 acre feet of water quality and 5.42 acre feet of total treatment/attenuation. The discharge pipe for Pond # 9 discharges to the west to the Corkscrew Canal by means of a 42' RCP Pipe. The Florida Department of Transportation (FDOT) is in the process of completing the project development and environment (PD&E) study for the Immokalee Road/Randall Boulevard intersection improvements. Long term plans anticipate a flyover at this intersection. Based on the future improvements, additional water quality and storage requirements would be necessary for Pond # 9. Assuming the proposed pond site on Randall Boulevard as shown in the FDOT PD&E study are still acceptable, the County will require that the water quality of Pond # 9 be increased to 2.0 acre feet (net increase of 0.90 acre feet) and the treatment attenuation be increased to 6.0 Acre Feet (net increase of 0.58 acre feet) for future use by the County for the Randall Boulevard projects. With the acquisition of Parcel 2, as described in Exhibit A attached hereto ("Parcel2"), Purchaser shall: A. Grant the County a drainage easement and lake maintenance easement, free and clear of all liens and encumbrances and without responsibility for Parcel 2. Purchaser shall provide at no cost to the County an attorney's opinion of title, and Purchaser shall be responsible at all costs for promptly removing or curing any liens, encumbrances or def,rciencies revealed in any title work, except those existing as of the time Purchaser acquires Parcel 2 from the County. Purchaser will provide the County Attorney's Office with an executed easement (including sketches and legal descriptions signed and sealed by a Florida Licensed Surveyor), suitable for recording. Upon receipt, the County shall record the easement in the Public Records of the County. Purchaser shall pay all costs associated with the recordation of the easement. This easement must allow the County the ability to modify the entire area of Parcel 2 (conversion to a wet pond) to accommodate future stormwater needs for the transportation network. Should the Purchaser modify the drainage and lake maintenance easement as identified in Paragraph F below to increase the water quality and attenuation, the drainage and lake maintenance easement will be amended to encompass the newly configured pond site, access berm and access from the public road to said pond area. The parties agree to execute an amendment to the easement, which shall be recorded in the Public Records of the County. B. The Purchaser shall be obligated to maintain the stormwater management system, which includes stormwater ponds, control structures, drainage structures, and pipe conveyance system in perpetuity at its sole cost and expense. Should the Purchaser fail to maintain the Stormwater 16.C.10.g Packet Pg. 1792 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) Management System, the County may provide notice to the Purchaser in writing, specifying the nature ofthe deficiency. Within five working days following receipt ofsuch notice, the Purchaser at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Stormwater Management System results in a situation where public safety is at risk, (l) Purchaser shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) County may, at its option, effect repairs to the improvements, without the need for prior notice to the Purchaser, and will promptly bill the Purchaser for all actual costs incurred in effecting the repairs. Purchaser shall reimburse the County for such costs within thirty days ofreceipt ofthe County's bill. County shall be granted access to the stormwater system connected to the roadway at all times. C. Five years after the acquisition and every five years thereafter, Purchaser shall perform an inspection by a certified engineer to assess the condition ofthe stormwater system. The inspection report shall be forwarded to the County for monitoring. Purchaser and its successors in interest, including any homeowner associations, will be solely responsible for the perpetual operation and maintenance of the shared stormwater management system. Notwithstanding the sole maintenance responsibility, the parties acknowledge that due to the importance ofthe drainage from roadway projects, the drainage easement will include a maintenance easement to allow Collier County to do whatever it deems necessary to repair or maintain the drainage system. If, after reasonable written notice to the Purchaser ofa repair or maintenance issue concerting the shared stormwater management system goes unheeded, the County may enter the development for the purpose of repairing or maintaining the system, and the Purchaser will pay the County its full cost incurred in conducting such repair and maintenance. D. Purchaser, on behalf of itself, it successors and assigns (including any and all future owners and tenants, both commercial or residential, within the development), hereby (l) waives any and all claims for compensation and damages, including but not limited to luture business damages and loss of access, from Collier County as a result ofthe flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Purchaser a separate written notice ofthe planned flyover with the statement that the County will not construct any sound wall or other barrier ofany kind to reduce the impact. noise, etc. of the flyover. E. Acquisition of Parcel 2 does not guarantee nor prohibit the development access to 4th Street NE. Should the Purchaser modify Parcel 2, they shall be required to adhere to all ofthe alorementioned items as well as those noted below: F.Increase the water quality to 2.0 acre feet, a net increase of0.90 acre feet from the current permitted allowance and the treatment attenuation to 6.0 acre feet, a net increase of 0.58 acre feet from the currently permitted Pond # 9. County and Purchaser agree that the County's stormwater system and Purchaser's storm water system will not be commingled and the development site will adhere to the discharge rate set forth in Policy 6.3 of the Stormwater Management Sub Element of the Public Facilities Element of the Growth Management Plan. Purchaser may connect to County outfall facilities downstream of control structures and upstream olthe Immokalee Road Canal ilPurchaser's calculated discharge flows and designed outfalI connection do not cause negative impacts or otherwise impede County outlall to the Corkscrew Canal.G@ 16.C.10.g Packet Pg. 1793 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) The terms of this Paragraph 4 shall apply to Purchaser's successors and assigns and survive the Closing Date. 5. Chloramine Booster Station. Within ninety (90) days after the Closing Date, Seller shall, at Seller's cost and expense, remove the chloramine booster station located in the southern corner of the County Property. 6. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 7. Counterparts: Facsimile: Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature.416.C.10.g Packet Pg. 1794 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) IN WIT■(ESS WHERI〕OF,this Arnendmentis executed by Seller and Purchascrto bc cffective as ofthc date flrst above written. SELLER: DATED:July 14,2020 ATTEST: CRYSTAL K.KINZEL,Clerk BOARD OF COUNTY COⅣIⅣIISSIONERS OF COLLIER COUNTY,FLORIDA By: , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: ゛Je*tf* B-B"tp.dt", ^-P . r0 Asst. County Attorney 9" a$ 16.C.10.g Packet Pg. 1795 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) AS TO PURCHASER(as to all): DATED:June 30,2020 Witness (Signat Print Name: -|.l^=>r< Richard D. Yovanoui"h, uiSil"".ro. Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 鳳 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1,2005 J,,t-=>>-< Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1,2005 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1,2005 re) ハ、616.C.10.g Packet Pg. 1796 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) Exhibit``A" Page l of2 …PARCEL l A PORT10N OF TRACT"A“GOLDEN GATE ESTATES,UNIT 22,ACCORDING TO THE PLAT THEREOF AS RECORDEDIN PLAT B00Kフ ′ PAGE 83 AND 84′ OF THE PUBLIC RECORDS OF COLLIER COUNTY′ FLOR:DA′ BEING MORE PARTICULARLY DESCRIBED AS FOLLO17VS: BEGIN AT THE NORTHWEST CORNER OF TRACT"A“GOLDEN GATE ESTATES,UNIT 22′ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT B00K 7,PAGES 83 AND 84,OF THE PUBLIC RECORDS OF COLLIER COUNTY′ FLORIDA,THENCE ALONG THE NORTH LINE OF SA:D TRACT"A∥′NORTH 89°30'02・ EAST′A DISTANCE OF l,36601 FEET TO A POINT ON THE WESTERLY 30UNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS B00K 4079, PAGE 1361,PUBLIC RECORDS OF COLLIER COUNTY′FLORIDA′THE SAME BEING A POINT ON A NON TANGENTlAL CURVE TO THE RIGHT,THENCE ALONG SAID BOUNDARY,SOUTHVVESTERLY 2,258 82 FEET ALONG THE ARC OF SAID CURVE′HAVING A RADIUS OF 2′754 79 FEET′A CENTRAL ANGLE OF 46°58'49"′(CHORD BEARING SOUTH 24°49'44"W EST′A DISTANCE OF 2,196 07 FEET)TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS B00K 4079′PAGE 1358,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG SAID BOUNDARY FOR THE FOLLOlrylNG刊ノ0{2)COURSES AND DiSTANCES, 1)NORTH 00°29'58"WESL A DISTANCE OF 361 77 FEET,2)THENCE NORTH 89°59'48・ VVEST′A DISTANCE OF 426 54 FEET TO A PO:NT ON THE WEST 30UNDARY OF THE AFOREMENT10NED TRACT∥A∥;THENCE ALONG SAID 80UNDARY′NORTH 00°29158" WEST′A DISTANCE OF l,619 45 FEET TO THE POINT OF BEGINNING CONTAINING 45 02 ACRES,MORE OR LESS PARCEL 2 BEING A PORT10N PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS 800K 4079′PAGE 1358 AND LYING VVITHIN TRACT“A“′60LDEN GATE ESTATES,UNIT 22′ACCORDlNG TO THE PLAT THEREOF AS RECORDED lN PLAT B00K 7′ PAGES 83 AND 84′BOTH OF THE PUBLiC RECORDS OF COLLIER COUNTY′FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOⅥノS: COMMENCE AT THE NORTHVVEST CORNER OF TRACT・ A"′GOLDEN GATE ESTATES,UNIT 22′ACCORDING TO THE PLATTHEREOFASRECORDEDINPLATB00K7,PAGES83 AND 84,PUBLIC RECORDS OF COLLIER COUNTY′FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT"A"′SOUTH 00°29158"EAST,A DISTANCE OF l′619 45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS 800K 4079,PAGE 1358,OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO(2)COURSES AND DISTANCES′1)SOUTH 89°59'48“ EAST,A DISTANCE OF 426 54 FEET,2)THENCE SOUTH 00°29158“EAST′A DISTANCE OF 361 77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT;THENCE SOUTHⅥノESTERLY 526 09 FEET ALONG THE ARC OF SAID CURVE′HAVING A RADIUS OF 2′754 79 FEET′A CENTRAL ANGLE OF 10°56131“′(CHORD BEARING SOUTH 53°47'24∥ WEST′A DISTANCE OF 525 29 FEET)TO A POINT ON THE AFOREMENT10NED 30UNDARY OF SAID PARCEL 179′ THE SAME BEING THE VVEST LINE OF SAID TRACT∥A∥;THENCE ALONG SAID BOUNDARY AND SAID IA/EST LINE′ NORTH 00°29'58"W EST,A DISTANCE OF 672 12 FEET TO THE POINT OF BEGINNING CONTAINING 5 16 ACRES,MORE OR LESS TOTAL CONTAINING 50 18 ACRES,MORE OR LESS 16.C.10.g Packet Pg. 1797 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) Exhibit``A'' Page 2 of2 16.C.10.g Packet Pg. 1798 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) 『■7/′/′勿// 争ヽ//り /1 鋼ボ|癬鳳轟い r:口l・。・・::露｀・1 :|!i:|||::lil::|:I 311摯薔0318111..IJ 3● 1写 ″'1 16.C.10.g Packet Pg. 1799 Attachment: Sixth Amendment to Real Estate Sales Agreement - CAO initialed (12823 : Randall Curve Sixth Amendment) APIPRAISAL IEPOllRT Storm Water Dry Detention Area ′ 16.C.10.h Packet Pg. 1800 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Ms. Toni Mott, Manager Collier County Govemment Facilities Management 3335 Tamiami Trail E, Ste 101 Naples, FL 34112 RE: Appraisal Report Stormwater Detention Area 4s ST NE / Immokalee Rd. Naples, Collier County, Florida 34120 Dear Ms. Mott: In accordance with your request, we have performed an appraisal of the above referenced property. This appraisal report sets forth the pertinent data gathered, from one independent appraisal report previously performed on the 45ac Randall Curve Parcel. The subject property, as referenced above, is located on the comer of4fr sr NE and Immokalee Rd. and is finther identified with attached property description from Grady Minor Civil Engineers. The subject property is 5.16 +/- acres and essentially being used as a dry stormwater detention area. The subject property will be valued at its current use, dry stormwater detention area. The legal description and sketch are contained within the appraisal report. The appraisal report will be used for intemal decision-making, by the county Managers office, Facilities Management and the BCC, no other use is warranted. Based upon my analysis ofthe data contained in the attached appraisal report, it is my opinion that the market value ofthe subject property, as of January 2l.t 2020, is SEVENTYEIGHT THOUSAND DOLLARS . $78,OOO Facm NIa.gand l回 P_ 3335 Tm―l,mESt iol NIP13,ユ 34112■2,,2,2‐よ "1 1212019 16.C.10.h Packet Pg. 1801 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Table of Contents Scope of the Appraisal Assignment......... ..............4 Stormwater Dry Detention Area Map............................ Stormwater Dry Detention Area Uses............ Appraisal process Stormwater Dry Detention Valuation Land sales & Base Unit Value.. .............12 & 14 Reconciliation ……………15&16 MattriY Charf3 16.C.10.h Packet Pg. 1802 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) The Scope of the Appraisal Assignment Purpose of the Anoraisal The purpose ofthis appraisal is to formulate an opinion of the "as is", fee simple, market value ofthe subject property as iffree and clear of all liens, mortgages, encumbrances, and/or encroachments. Value Appraised The opinion ofvalue developed and reported is the market value ofthe subject property. Market value, as defined by the agencies that regulate financial institutions in the United States and published by 12 CFR Ch. Y Part 564.2 (g) Office of Thrift Supervision, Department of the Treasury, is: 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 lonwledgeably, and assuming the price is not fficted by undue strzzias. Implicit in this definition is the consummation of a sale as of a specified date and the passing oftitle ftom seller to buyer under conditions whereby: a. Buyer and seller are typically motivated. b. Both parties are well informed or well advised, and acting in what they consider them own best interests. c. A reasonable time is allowed for exposure in the open market. d. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. 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. Condition Appraised In this analysis, we are estimating the "as is" condition, as defined by the Appraisal Institute in the Dictionary ofReal Estate Appraisal, 6th Ed. as: The estimate of market value ofreal property in its current physical condition, use, and zoning as of the appraisal date.416.C.10.h Packet Pg. 1803 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Real Property Interest Appraised There are primarily two forms of interest to consider when developing an opinion ofvalue ofreal property. These are defined by The Appraisal Institute in the Dictionary of Real Estate Appraisal. 6th Ed.. as follows: Fee simple interest (estate) is: Absolute ownership unencumbered by any other interest or estqte, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, qnd escheal. Stormurater Dry Detention Area ゛ミき、 NOTES: “ ― PROPERTV DeSCRIP,loN ト “ r●・ ●颯κ'“ lrH Sf N_E. συRν ε 748LE @GrarlvMlnor Ctv 8n―砧。し田dS●W… ・曰噛 mf3 ● :コ ● “●e^●ヽ ““ 匈呻撻譜露鵡滞睡P畿 tmG"3ECTK N 2 T-3●40 BOurH―cc,'い 3T "||● κP+_■■年r"4_|「_ゴ島:TまITCH″●DESCRIP口 ON5 16.C.10.h Packet Pg. 1804 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) What is a detention basin? In a residential or commercial seting, a detention basin is an excavated area built to contain excessive stormwater runoff from a neighborhood or commercial area. These basins are also called "holding ponds" or "dry detention ponds" if no permanent pool of water exists. Basins that are designed to pelmanently retain some volume of water alway s arc retention 6asins. Detention basins are stormwater management features that provide general flood protection and can also conffol extreme flooding such as what is produced by a large rainstorm event. The basins are typically built during the construction ofnew land development projects including residential subdivisions or shopping centers. The basins help manage the excess urban runoff generated by newly constructed impervious surfaces such as roads, parking lots and rooftops. A basin fi.rnctions by allowing large flows of water to enter but limits the outflow by having a small opening at the lowest point of the structue. The size ofthis opening is determined by the capacity of underground and downstream culverts or open channels to handle the release ofthe contained water. Dry Detention Basins Dry Stormwater detention areas are best used in areas where there is ten or more acres ofland. On smaller sites, it is difficult to control water quality and other options may be more appropriate. Dry detention ponds generally use a very small slope to divert water. The inlet needs to be not more than I 5% higher than the outlet to ensure the correct amount of water flow through the system. The system works by allowing a large collection area, or basin, for the water. The water then slowly drains out through the outlet at the bottom ofthe structure. Sometimes concrete blocks and other structures act as a detenent to slow the watet flow and collect extra debris. The Difference Between Detention and Retention Basin The main difference between a detention basin or retention basin, is the presence or absence ofa permanent pool of water, or pond. The water level is controlled by a low flow orifice. In most cases, the orifice is part ofa metal or concrete structure called a riser. A detention, or dry, pond has an orifice level at the bottom of the basin and does not have a permanent pool of water. All the water runs out between storms and it usually remains dry. A retention basin or pond has a riser and orifice at a higher point and therefore retains a permanent pool of water. A retention pond looks like a regular pond, however plays an important role in controlling stormwater runoff- The basins are important for storing and slo\ ring stormwater runoff from nearby areas, especially areas with asphalt or concrete development. Stormwater runoff flows much faster from these surfaces than naturally occuning areas and needs to be diverted to ensure the runoff occurs at the desired rate. The amount of cleaning and treatment of the water is limited. Dry basins, or detention basins, only control flood flows. A retention pond can also provide some water quality benefits by reducing pollutants and sediments. 16.C.10.h Packet Pg. 1805 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) The Appraisal Process THE APPRAiSAL PROCESS There are three standard approaches to property yaluaUon: . Cct Appioach to value. Sales Comparason Approach to Value. lnco0re Approach to Value Each of these three appro€ches usually will indicate a slighuy different value. After all of the factoE of the three approach6 have b€en c€refully vveighed, the indicators of value are clrrehted to arive at I final opinion of value. Cost Aoorcach to Valuc the Cost Approach to value requires estimating the replacement co6t new of the impro\remeflts, uti zing curent labor and material prices and modem construction techniques. Accrued depreciation is next computed and subtracted from the cost new. Finally, the land value is added to the remainder to derive a value for the property as a whole. The Cost Approach is most reliable when the improvements are ne{, and the land value can be reasonably estimated. Conversely, when the improvements are old andlor adequate land sates are not available, the Co6t Approaci tends to lose credence. Solcs Comoerrlson Aoorcach to Valuc An estimate under theSales Comparbon Approach to value is derived by comparingthe property urder appraisal with other similar propenies that have sold in reoent months, The Sales Comparison Approsch as most reliable when lhe comparable sales are very simllar to the subiecL Conversely. when large or numerous adjustments are necessary, ttle Sales Comparison App.oach is less reliable. lncomc Aoorcach to Valuc The lncome Approach tovalue is normslty applied only tocommerciat orstrictly income oriented properUes, since it measures the present worth of future rights to income. The lncome Appro€ch to Value, when adequate income and expense data are available, b probably the most relisble approach in the vsluation of commercial properties as it best represents inr€stors'and lende.s' ac{ons in the marketplac€. Apprcachcs Dcvclopcd As the subject of this appfaisal is a vacant trsct of land, we have utilized the sates comparison Approach to value. As they are not apdicable to the property type, the C6t Approach and lnoome Approach have not been utilized. 16.C.10.h Packet Pg. 1806 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) The Sales Corn partson Approacfi to Value is a process of compa ring sales of sim ilar properties ln the mad(etptaoe to the subiect parcel. Man(et data, when carcfully verlfled and analyzed is good e\ridence of value b€cause n represents the actions and reactions of sellers, usels, and lnvestors. The mafiet value estlmate has been deflned asan interpretation of tie reactbns of typical users and inv€stors in tfie markel The Sales Comparison Approach ts based on the principle of substitljtlon, which states t lat a prudent person will not pay more to buy a property than n wlll cost to buy a comparable substitute pmperty. The prioe a tlDlcal purchaser pays ls usuafly the resutt of an extenslve shopplng process in which he is constantfy comparing avallable atternaflves. The steps in the sales comparison Approach are: 1. Seek out simihr properties for whicfi pertinent sales and data are avilitable. 2. Qualify the prices as to terms, mowaung forEes, and bona fide nature. 3. Compare eacfi of the oomparable properties' important attributes with the correspondlng ones of the property being appraised under the general divtsion of time, hcaflon. and physloat characteristics. 4- Conslder all dissimitarit es in terms of thelr probable sffect upon the sale pri@. 5. Formulate an opinlon of relative value of the property being appraised as oompated with the price of each similar property. sElur('€: App/aigE,l lnstitulP-, The Aw.ais€rl otRaat Estate, 74th ed. (c/|,icego: AB/n,/iset tng/(rtu/.e, nl:t)- ln developing an opinion of'as is" land value for the subject property via the SaEs Comparison Approacfi, we have analfzed t te fotlowing oomparable s.rles: 16.C.10.h Packet Pg. 1807 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Puroose of the Annraisal The purpose of this appraisal is to formulate an opinion ofthe "as is", fee simple, market value of the subject property as if free and clear ofall liens, mortgages, encumbrances, and./or encroachments. Value Appraised The opinion ofvalue developed and reported is the market value ofthe subject property. Market value, as defined by the agencies that regulate financial institutions in the United States and published by 12 CFR Ch. Y Pafi564.2 (e) ffice of Thrift Supemision, Department of the Treasury, is: The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and btowledgeably, and assuming the price is not afficted by undue stimulzs. Implicit in this definition is the consummation of a sale as ofa specified date and the passing oftitle from seller to buyer under conditions whereby: a. Buyer and seller are typically motivated. b. Both parties are well informed or well advised, and acting in what they consider tlem own best interests. c. A reasonable time is allowed for exposure in the open market. d. Payment is made in terms of cash in U.S. dollars or in terms of financial arangements comparable thereto; and e. The price represents tle normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Condition Appraised In this analysis, we are estimating the "as is" condition, as defined by the Appraisal Institute in the Dictionary of Real Estate Appraisal, 6th Ed. as: The estimate of market value ofreal property in its curuent physical condition, use, and zoning as of the appraisal date. Real Property Interest Appraised There are primarily two forms of interest to consider when developing an opinion ofvalue ofreal property. These are defined by The Appraisal Institute in the Dictionary of Real Estate Appraisal. 6th Ed.- as follows: Fee simple interest (estate) is: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers oftaxation, eminent domain, police power, and escheat.916.C.10.h Packet Pg. 1808 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Stormwater Dry Detention Basin Valuation Stormwater Dry Detention Basin Valuation Method The direct discount offee value will be used as a method of obtaining the estimated value ofthe Stormwater Dry Detention Basin (SDDB). This means, establishing a per unit value for the entire tract then taking a percentage ofthe fee value. The market research indicated that vacant land costs in this market area is $76,000 per acre for Estates Zoning taken from the independent appraisal report for the Randall Curve 47 acres project. Mathematically, a factor will be applied to the per acre value using the Sherwood's valuation matrix. The matrix was created from analyzing two similar sales of encumbered property and property without an easements, ponds and utility encroachments. Then the impact of easement / encumbrance on the value was measured. After having a number of multiple pairings there was observed data set that established a general trend ofthe measured impact. The matrix was also the result of interviews with buyers and sellers. Mr. Sherwood assembled the easement valuation matrix, which was developed under his observation between the difference of market sales of unencumbered and encumbered sales there was made a schedule of easement influence. However, by gathering a sufficient number of matched pairs, an established general trend is created, which can give a market evidence ofthe effect of the easement on a value of real estate can be observed. TrtLl-E dllhiodi! hLtr{d T}pa. oa}:E tEb Coo4tr nllftlrtaga o, faa SDI ri.lr6..t -d An.C* WEGTiE Nomlnal dtt m‐3nd硼ほヽ 0%to 10・.Slisi.. a sDlE tr b!! drirl riEcl our oduilrtv I.cniosdnrd.* ' l1'/'b25'' W&.rrcliE c.U.liG lrcri.ndof .FFryliD, hcdirso$Eu.SLld 2l%ba9./.rta qtGaGlb.. CrbL lirr Brhcalc* bytdiowdaEnLd& fi%T.Lo@idi.B Pipdns Scr[ic at!6 S@ iryiEt.o rEi.. u,. coolEa. of i4rt rc!(!.. rilb 5l %-74% 10 16.C.10.h Packet Pg. 1809 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Stormwater Dry Detention Basin (SDDB) Matrix Chart Land that is already encumbered with one of these existinB conditions will have that percentage taken from the base unit value leaving the remainder as the percentage of ownership. Ex. The land where the stormwater dry detention basin area(SDDB) sits is valued at 576,000 per acre. The SDDB takes up 70% to goyo of the utility / value of the acreage, the remainder is the va lue to the owner. The value ofthe remainder can not exceed 30% ofthe land value. 1引。メ 1ゞ卜´ EXISMALL Su8SURFACE EASEMENTNO――On崚 and爛町 EX:AIR R:G田色WATER OnStwER UNE … faC Or""9膊は続 ― 節 “ On嗜こ岬町 EX:CABLE uNES,WATEROR WERL!NES tocatlon a10 a口ゅ口 “ け "彎 l●‐●n]訥 "IIm u―larld m EX: TELECOMMUNTCATTOT.IS, WAT€R, CA+E UNES Braiad ola by bodr dna,C aaam.r* dar 、ごト EX:plPttLINES,SCENIC EASEMENTS sOm m"嶼 On渕面機 u略CO―・・・ Fhr_3"■ts EX:plpEL:NES DRAINAGE EASEMENTS, FLOWAGEEASEmJTS mjOr mpxton ttxeu螢 ]" …“ 厳 ¨ EXi OVERHEAD ELECTRiC′RA:LROADS IRRunON CANALS&FLOWME S.rrtrc img*t oo $nfee urc ad (dr/aFalca oa fulirt ulat 16.C.10.h Packet Pg. 1810 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Coaper,fr/pLandSalaClwa Thc clmporEblr solcs {ld o.|I !n ,t sis thcrcd 6rr sqmmtrizcd ih thc follorir{l chrft … … … …Ir.daatton Deta: ‐|● ““ ぃ"8- rl|PtE A4d!!l TEDTTE ●2駐 ¨ 飩――… ―・""n¨ o■卿詢 ― ― ――“ fe-.''cr llur-lciCrE GGr! 6rr &ro i4 rr ,nni-.ft-E:: ----e f rr- ιR鉤 “ 凛 it4 ""“4 ~~ 呻 n" ″|‐4― 一 ―― … … … …tJttL 「●|″ … T-00にた ruI“●ぃ Id■m鴫 o麒に …2_ ` ` 中。こ H―■●―●■: Sr nlI-P‐口9-Fd的鮨 "● ●たに■■ …P―●い SF 腱 "25117919 帆 …… CI― 腱 ∞ “ Ⅲ腐ごS●●:EF.riauB rnB tu,Eta: llut r CDnrroG flrut-l―笙_ ‐ IIa n ~~ “ 円●tA●Lstm●0● 判∥3tm●le●:,0ヽ ●■87 12 rdoEd*n t}rclldrs.) or-hdrdbo tl6(o.1bltrt … … 16.C.10.h Packet Pg. 1811 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Cot rmralble Lerd Sares Clnrt Tha compErtsblc 5{lcs lrd oqr 6ru1}iis tlrcreol orc summlrizld in UlC follol,ina c{Ert $n!l 1,Er* lnxr.ll.L Xod ftr E, b Oor., &{lwd l.:lrlr:l Irttnl Td E CoI6 lild.iE brt anBa) br$d In 14 br Prb rq 5.8 fod lsEl ……… … l―・高 "― “ ― ===Ll=二 ~■=16.C.10.h Packet Pg. 1812 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) Vakn C,ottcluslon Th6a compurrblrs rurgc in ldiulrcd price qs shown below: Thcsc E 1.5 Fcsant tl€ cornpctfivc mrrlrrt for 'qnzotGd' propcrt, in fhc immcdi.tc !r!!_ SqlG5 1 rnd 3 ort sttlolert ccB ri$ o much lonSer holding pcriod horizon Otln Ulc subjcst Slks 4 ild 5 rrc fre opposita, xith immadiEie devclogmcm l*ely to Dc pursllcd. Srlcs 2 md 6 llt mo3t simiht in darGlopmcnt horizon to tllc 3{bics1, li*ev to comc in U|e shon to mcdium Efm lu&r". Ovcftll, SEla 2 1t5 Siycn thc frlrtr't rcight Co?ls enng cll ol the s{|.s p(rsGt|tld ond rlEir rclrtivc infariority/5up?riorig, it is our ophion dl€t th! urluc ot thc subiaq property trlts nc.r tre middlc cnd ot this rar{e, tt $1-75 pcr r+l0r! foot ss sltorn below: 1.75sf x 43,560 =S76,000 ac (rounded) The unit base is S76′000 peracre x 5 16ac(baSin area)x20%is S78,432,rounded to S78′000 14 tcrlOtlYa StalEllcr: Munroacr:tPrlc. par SF: ireanr 3■.48 Mod●■3■5■ Stardard OevElDn:30.3■ 3007 Maxtmum:31.87 ' Based onad stcd orlcc 16.C.10.h Packet Pg. 1813 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) RECONC:L:LAT:ON AND VALUAT10N ANALYSiS A dry detention basin is the most common method to satisfu both stormwater detention and stormwater quality requirements. It is applicable to small and large developments, can be easily designed and constructed, and is longJasting and durable (with adequate inspection and maintenance). This practice will provide a significant reduction in sediment, as well as a partial reduction in nutrients, toxic materials, healy metals, floatable materials, oxygen demanding substances, and oil and grease. A dry detention basin is intended to be dry between storm events and may not necessarily have a chance to drain completely prior to the next storm event. The detention basin begins to fill as stormwater runoff enters the facility. The first flush volume is captured in order to ensure water quality. One or more outlet structures then release the stormwater runoff slowly to reduce peak discharge rates and to provide time for sediments to settle. Potential Uses other than a stormwater detention basin Dry detention basins can also supply multiple benefits for passive recreation during dry periods (recreational trails, ball fields, picnicking). Portions ofa dry detention basin that are not wetted frequently can be athactively landscaped or used for other purposes. No consideration given to the hishest and best use for the SDDB. The Highest and Best Use Analysis begins with an analysis ofthe property as ifvacant and available to be put to its highest and best use. The property is further analyzed ifthere are improvements on the property or proposed for the site. The four criteria ofhighest and best use that a property must meet are as follows: ! Legally Permissible Use - what uses are permitted by zoning and deed restrictions on the subject property? ! Physically Possible Use - what uses are physically possible to put on the site?! Financially Feasible Use - which possible and permissible uses will produce a net retum to the owner ofthe site? ! Maximally Productive Use - among the feasible uses, which use will produce the highest net retum? 15 16.C.10.h Packet Pg. 1814 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) The sulDjectis served lッ the following u●∥●es: [,TLmEs: Telephone: E lectricity: Water: Sbwer: NaturalGas Multrnredia: CenturyLrnk Florida Power & tight Collier County. Available Collier County. Avallable None Comcast F100D ZONE: The sub.lect property is located in a flood hazard area. as indicated by the Federal €mergency Management Agency Mapa. The subject propeo is tocated withan Flood Zone AH as found on Flood Map Panel lO *12071CO24OH. as of L6 May 2OL2. Properties located within this area are typically required to purchase llood insurance under most financing situations. This property is not located in a FEMA FIRM Floodway. The subject Droperty has a designated zoning categorization, as follows: Governing Body Zoning Code Minimum Lot Size (sq. ft.) Co∥ier county E(Estates) 2 25 acres ZONING: Per the Land DeveloDnrent Code: Estate Oisttid (E). The r,npca and intent of t,t€ estates district fE) is to provfute lan,JE fot lott tlorcity tosilential dewlopment in a 3emiturcl to rwal snvjrcnment, wilh limited a1licultutal activitis.s. ln a&lition to low tbnsity t66idontial dowlopment with limitql agicuftual activities, t le E dbt ict is alsp .l6i8ned to acalmano{late as colrri.rbna, us€s, {rovelopment that proyiras servic€s lor ant b @nD6tiue with tto bw density rs€,fulential, *mi{ural and ruBl clldl.actet ot tho E trbtrbt. fhe E (ristrrct col.6poa.rs to a4t implements the o5tates bnr, use .rasigndtion on the future hnd uas map ol tl'€ Co iot County GMP, afthough, in limh€,t hstan.3s, it may @cut outsfute of the estatG ,arx, L6e do6,icnation. The r,,aximum tbnsity ponni.i6ible in th6 E rrist icl sha, t€ clnsr3tont ryrth and not 6rcr€(, th€ .lensity Fmissible or D€rmitt6r, undor the gstates ttistict of he firturc bnd use olement ol lhe b ier Cauhty AMP as provfuled u ler the Goklen Gate Master Plan. Further sflecific allowal)le uses. n'rinimum lot sizes, etc. for the aforementioned zoning classrfication. are set forth in the Land Devetopment Code and the reader is encouraged to review these if further detail is required. The following is a link to the full zoning: (https:,/,/library.municode.com/f l/collier_county/codes/land_devetopmenLco de?nodeld=CH2ZODIUS_2.O3.OOZODIPEUSACUSCOUS_2.03.01AG Dt) 16 16.C.10.h Packet Pg. 1815 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) We certify that, to the best of our knowledge and belief: ' The statements of fact contained in this report are true and correct. ' The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my perconal, impartial, and unbiased professional analyses, opinions, and conclusions. ' We have no present or prospective interest in the property that is the subjecl of this report and no personal interest witi respect to the partles involved. ' We have performed no services, as an appraiser or in any other capacig, reEardingthe property that is the subject ofthis report within the threeyear period immediately preceding acceptance of this assiEnment. > We have no bias with respect to the property that is the subject of this report or to the psrties in\olved with this assignment. ' Our engagement in this assignment was not contingent upon developing or reporting predetermined results. - Our 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 tJle clien! the amount of the value opinion, the attainment of a stipulated resutt, or tie ocrunence of a subsequent event directly related to the intended use of this appraisal. 17 16.C.10.h Packet Pg. 1816 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment) ―――幸― 0 50' 100' 200' SCALE: 1" = 100' THIS PLAN MAY HAVE BEEN ENLARCED OR REDUCに D FROM INTENDED DISPLAY SCALEFOR REPRODuCT10N REASONS s α29切 "F “ ′″'NOttES: 護翻r ar餡鱚臼口「用 mwr σ田獅 “ρB ′Lパ r鰍 " 094L…鍬 ″ 印 × PROPERry DESCRIPTION W A ruRNOI PRCA IN r'S O&R@ N 6F'CIAL RE@R6 M( $79, NEt.fi8 $o LWo m*t rwr 7', eIB aE fsIAtE, Wr 22 M0t6 n tEn-Af naffi As RmRM N tuAr ffi< 7, M 8t #o a, wH c lE RE|C MG Ar ftE tffiDtar ffi U rRK't X" eDil c4E Es'AIE, Wr 2,MDIIO IO W H.AT D@W AS RE@RO@ IN H,Ar N( 7, PAd€s EJ lIO S',REfr REM F @Lm @,ly, FLW loff 4M ItE |/16r UE OF Wlwr 7', glH fiaa' &$, A t6rntr r L6,9.15 FEr m A KtM A,r tEilNYFT G WA IN A5 D&RI@ N *TWL ffi,flE W AN, M lfr,6 W Rnrc E@6 AtO lf NNt G &N# G rE WA G UM tfutwflffi tEE lLatG W ilNW FW IE RlLqfiG rW (4 @.R5I5 ArO A5r//6, 0gttH g8'1t' FA'I, A ^tgtM ff 426.51 FEt; 2) ttgE gIH @Ag'FlSt,'Aosflttr G $t.77 fEEt to A ruNr N A Mn rAt@fi/L A.tuE n tE d6Ht;llotr gfit*Estmy 1fr.@ FEf $OV IE & 0F W) AfrE Htjwe A M,6G 2fr1.R FEr, A CEflW AtgE 6 tqfijt',, (offi m6 fllN 511/21- rf,sr, A dsrfitr cF sha EE| ro A HNr N rE itf1qwflnt@ ilNyq/ Gw flRcfl ,R, nf w ffi6 lE fiEsr lN tr w twr 71 ntrtr /(:dfi 910 iltwt AN w tar utE ilNtH u8'8' N6r, A UCr/tG OF 672.t2 EErn tE xwr F aw*tc &trilN$ Fw R 5t6 i68E', tffi R LEss. ＼ Ю ?7a/v OF TRAOア И″ α口叡 “ 層座胡πs晰 ″ ρZκ ∂卿 И勘マ77a/y″ 600Rκ ル [S冽 ″勘 ?γ a“フ脇 a′刀 ●P″乙 κ ′」5″ ″0″ "″ ″ θ″′2' __Fff`ぎ L竺〕――-1-――rf」き■■fT■] | 1_____ゝ「~~~~~~~~~――――――――― l~~~~~――― NOttESi ′ … 鋼W―V層関00V圧餡石贋 ααttMF - 5裂慰釧D α 層M製 ―劇げ研熙翻優7在 ′鰤a4“翻卿油¨¨け鰍 “ 鍋翻鵬 ov薦 ″σ馴昭 “翻 ″圧圧y4/r″熙聡″%・ “ D酬 64石翻E晰 2細略 ″薦出「鷹げ κ¨″出r6昭 z雁 ″ ““ ar ば田r囮磨 ar銀鰤 s、ぇ鍬 κ 熙鍋″″″ "・断 2 … 9К "″ ―V スば ″ υS " 層 ″ …―rJ tts m ttθ … 6 ・ 2 蜘り物 κ 靱剛M「川9錫 L“圧拠側に加剛製 arス t_2aW4鍬臓 “ 絆R“加廊 o7 噺鵬 ″略ヌ翻脚 ―mV層囲厩フm「層翻鶴口ll―銀w ″薦節 “ 用m` lⅣOア /4 St/RИ 5r ´ρ00 Ar″θORvEP O′砕 0アツ″ S σ29切 ″f′θ′,45'嚇ヽ彼」′′んκ ttν Ct/RソE πABLE Oυ ρИ ′拗 υS “ 聡渭 aF4r4 CH"D aa渤 V`ε拗り出 “ 謂 275479'52aθ ,'′び563′"Sj」47フ `・ ″″,29' DRAWN BY: K」GCヽ Fil Engineers e Land SuⅣeyors Ccrt ofAuth EB 0005151 Ccrt ofAuth LB 0005151 GradyMinor o Grady Minor and Associatcs.PA 3800 Via Del Rey Bonita Springs,「lorida 34134 Planners . Landscape Architects Busincss LC 26000266 SKETCH AND DESCR!PT!ON "だ ,釦 ″ CHECKED BY: OLS A PORT10N OF THE LANDS DESCRIBEDINOFF!CIAL RECORDS B00K 4079,PAGE 1358 LYiNG INSECT:ON 22,TOWNSH!P48 SOUTH,RANGE 27 EASTCOLL:ER COUNTY,FLOR!DA 」OB CODE: ESC‐1"01 SCALE: 1..= 100 DATE 43 NOVEMBER 2019 拠 Oι ●17VttvOイ /172,“ SHEET: 1 0f l 24/rf7vsF′αZδ ′ ＼Ъξ＼r諄＼＼ 16.C.10.h Packet Pg. 1817 Attachment: Dry Detention Valuation - Randall Curve (12823 : Randall Curve Sixth Amendment)