Agenda 01/11/2022 Item #16C 3 (Sale & Purchase Agreement under Conservation Collier Land Acqusition Program - Cabrera)01/11/2022
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Mercedes Cabrera, a
married woman, for 9.16 acres under the Conservation Collier Land Acquisition Program at a cost
not to exceed $115,650. (Conservation Collier Trust Fund 172)
OBJECTIVE: To purchase a 9.16-acre parcel within the Red Maple Swamp Preserve Multi-parcel
Project from Mercedes Cabrera (Seller).
CONSIDERATIONS: On January 27, 2004, Agenda Item #10A, the Board of County Commissioners
(Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC)
recommended Active Acquisition List (AAL), with changes, and directed staff to actively pursue
acquisition of the properties under the Conservation Collier Program. On June 22, 2004, Agenda Item
#16A2, the Board confirmed their direction to staff authorizing staff to proceed with purchase contracts
for Golden Gate Estates, Unit 53 Multi Parcel Project now known as the Red Maple Swamp Preserve
Multi-parcel Project (Project), properties as they become available and to bring these contracts back to the
Board for final approval. On September 26, 2006, Agenda Item #10G, the Board directed staff to
discontinue buying properties within the Project due to rising property costs. On January 29, 2008,
Agenda Item #10F, the Board accepted CCLAAC’s recommended AAL reactivating and placing the
Project on the “A” list. On January 25, 2011, Agenda Item #10B, the Board accepted CCLAAC’s
recommended Cycle 8 AAL, placing the Project on the “A” list. On December 13, 20 16, the Board
reauthorized the Conservation Collier Land Acquisition program. On August 14, 2017, the CCLAAC
recommended staff make offers to interested property owners within the Project.
The Project consists of one hundred and eight (108) parcels and a total of 305.80 acres. To date,
Conservation Collier has acquired seventy-eight (78) parcels consisting of a total of 235.12 acres. In
addition to protecting wetlands and listed species habitat, another important reason for the selection of
Red Maple Swamp as a conservation target is that it is connected on its north and west sides with the
60,000-acre Florida Forever Corkscrew Regional Ecosystem Watershed (CREW) Project, which includes
Corkscrew Marsh, Bird Rookery Swamp, Flint Pen Strand, and Audubon’s Corkscrew Swamp Sanctuary.
Conservation Collier acquisitions within NGGE Unit 53 would enhance, protect, and buffer these already
conserved lands. The acquisition of lands within Red Maple Swamp will also provide additional public
access opportunities to the area including a connection with adjoining Bird Rookery Swamp, where a
1,200-foot boardwalk has been built and nearly twelve (12) miles of hiking trails have been created by
South Florida Water Management District (SFWMD). Staff will coordinate with SFWMD and
neighboring communities when planning for public access to Red Maple Swamplands.
Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise all
parcels within the Project. The appraisers based their analyses on comparable sales from wetland, not
upland parcels, preferably within the Project boundaries. The appraisals dated July 2021 provided an
averaged appraised value for parcels within the Project at $12,500 an acre. On August 1, 2021, new offers
were sent to thirty (30) property owners based on new appraisals within the Project. The cost to obtain
new appraisals was $1,250.
The Seller’s property contains a total of 9.16 acres and is located within the Project. The land cost for the
9.16-acre parcel is $114,500. The Property Appraiser’s 2021 Tax Roll assessed value for this property is
$41,220.
The attached Agreement provides that should the County elect not to close this transaction for any reason,
except for default by the Seller, the County will pay the Seller $572.50 in liquidated damages.
16.C.3
Packet Pg. 362
01/11/2022
Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the property is provided
herewith.
FISCAL IMPACT: The total cost of acquisition will not exceed $115,650 ($114,500 for the property
and approximately $1,150 for the title commitment, title policy, and recording of documents). The funds
will be withdrawn from the Conservation Collier Trust Fund (172). As of January 11, 2021, property
costs for Conservation Collier properties, including this property and those under contract, total
$107,989,952. Estimated costs of maintenance in perpetuity have been considered by the CCLAAC and
have been incorporated into the Conservation Collier Long Term Financial Management Plan.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier
County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires
majority vote for approval. -JAB
RECOMMENDATION: To take the following action:
1) Approve the attached Agreement and accepts the Warranty Deed once it has been received and
approved by the County Attorney’s Office;
2) Authorize the Chairman to execute the Agreement and any and all other County Attorney’s
Office approved documents related to this transaction;
3) Authorize the County Manager or his designee to prepare related vouchers and Warrants for
payment; and
4) Direct the County Manager or his designee to proceed to acquire this parcel, to follow all
appropriate closing procedures, to record the deed and any and all necessary documents to obtain
clear title to this parcel, and to take all reasonable steps necessary to ensure pe rformance under
the Agreement.
Prepared By: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Division of Facilities
Management
ATTACHMENT(S)
1. Signed Agreement (PDF)
2. Cabrera-PDR-RMS-2021 (PDF)
16.C.3
Packet Pg. 363
01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 20731
Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Mercedes
Cabrera, a married woman, for 9.16 acres under the Conservation Collier Land Acquisition Program at a
cost not to exceed $115,650. (Conservation Collier Trust Fund 172)
Meeting Date: 01/11/2022
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
12/01/2021 1:22 PM
Submitted by:
Title: Director - Facilities Maangement – Facilities Management
Name: Ed Finn
12/01/2021 1:22 PM
Approved By:
Review:
Parks & Recreation Barry Williams Additional Reviewer Completed 12/01/2021 1:24 PM
Parks & Recreation Summer BrownAraque Additional Reviewer Completed 12/03/2021 2:21 PM
Facilities Management Toni Mott Additional Reviewer Completed 12/06/2021 7:57 AM
Public Services Department Todd Henry Additional Reviewer Completed 12/07/2021 8:15 AM
Public Services Department Melissa Hennig Additional Reviewer Completed 12/13/2021 10:34 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 12/13/2021 2:43 PM
Facilities Management Ed Finn Director - Facilities Completed 12/22/2021 5:57 PM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 12/15/2021 7:48 AM
Public Services Department Dan Rodriguez Additional Reviewer Completed 12/15/2021 11:35 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/22/2021 11:13 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/22/2021 11:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2021 1:06 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 12/23/2021 9:53 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 12/30/2021 10:47 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
16.C.3
Packet Pg. 364
CONSERVAT10N COLL:ER
Propeny:dent輌 崚3な o●将o. 39492640007
ACREEMENT FOR SALE AND PURCHASE
TttiS AGREttMENT is made and entered into by and bemeen ttERCEDES
CAttRttRA,3 martted woman,whose address is 1040 NW 143雌 Streeti Miarni,FL
33168,(hereinater referred to as 'Seller'), and coLL:ER COuNTY! a pol薇 ical
subdivis:on of the State of FloriCa,its successors and assigns,whose address is 3335
Tamiarni Trali Easti Suite 101,Naples,FL 34112,(hereinaier referred to as
・PurchaseF').
Wi丁 NESSETH
WHEREAS,Seller is the owner of that certain parcel of real prope中 (hereinafter
referred to as'PFOpe対 1・ ),10Cated in Co∥ler County,State of Flo『ida,and being more
particularly described in Exhibit 'ソ ヽ"t attached hereto and made a part hereof by
reference.
WHEREAS,Purchaseris des:rous of purchasing the Properり ,subiect tO the cond掟 lons
and other agreernents hereinafter set fOrtれ ,and Selleris agreeable to such sale and to
such conditions and agreements,
NOW,THEREFORE,and for and in cOnsideratton of the premises and the respective
undettakings ofthe parties hereinafter setforth attd the sum of Ten Do∥ars(s10.00),the
recetpt and surlciency of which is hereby acknowledged,itis agreed as fb∥ows:
I. AGREEMENT
l.01 :職 consideration of the purchase price and upon the terms and conditiotts
hereinater set fOrth,Seller shali seli to Purchaser and Purchaser sha∥purchase
frorn Sellerthe Prope"y,described in Exhibitt'A"、
:|、 PAYMEN丁 OF PURCHASE PRiCE
2.01 The purchase price (the t'Purchase PFiCe・ ・)for the PrOpedy sha∥ be One
Hundred Fo彗 rteen Thousand Five Httndred D●::ars and 00′100 do∥ars
(Sl14,500.00),(tJ.S.Currency)payabie attime of ciosing´
|:l.CLOS:NO
3.01 下he Closing (THE "CLOSiNG DATE", "DATE OF CLOSiNG", OR
'CtOSiNG“)of the transaction shali be held on or before two hundred and forty
(240)dayS fO1lowing execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto.The Manager ofthe
ReaI PFOpetty Management or des:9織 ee is authorized to enter into stlch mutual
written ag薇 薇野nettts on behalf ofthe County for extensions of up to an additiona1 60
days w識 れout further approval by the Board of County Commissioners.The
0鼈
16.C.3.a
Packet Pg. 365 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
CONSERVATION COLLIER
Property lder{ification No. 39492640007
Closing shall be held at the Collier County Attorneys Ofiice, Adminislration
Building, 3299 Tamiami Trail East, 8s Floor, Naples, Florida. The procedure to be
follonred by the padies in connec'tion with the Closing shall be as follows:
3.011 Seller shall convey a marketable tille free of any liens, encumbrances,
exeptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance wlth
law. At the Closing, the Seller shall cause to be delivered lo the Purchaser
the it€ms specifed herein and the following documents and inslruments duly
executed and acknowledged, in recordable fonn:
3.011'l Wananty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for cunent taxes and assessments.
(b) Such other easements, restric{ions or conditions of record.
3.01 12 Combined Purehaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the lntemal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer ldentification and
Certification" as required by the lntemal Revenue Service.
3.0'12 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A wire transfer or negotiable instrument in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller untit the Title
Company verifies that the slate of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Sec{ion 4.011 thereto, and the Title Company
is inevocably commitied to pay the Purchase Price to Seller and to issue
the Owne/s title poliry to Purchaser in accordance with the commitment
immediately afier the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article lll hereof, shall be subiect io
adjustment for proralions as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documenlary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01 ,
Florida Statutes, and the cost of recording any instruments necessary to clear
6pJ
16.C.3.a
Packet Pg. 366 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
COttSERVAT10N COLL:籠R
P∞pelΥ :detttittsatめ 羹辮o. 3参 49264攣 O07
$像 :teご st灘 :e to tい eP,Opetty、 下職。COtt of tte Owtteギ s Fo繁 筆懲V撃 ‡O P01iCy,iss懸 轟
p鮮 籍 準attt to the(3o籠 、『聡itment p群 。vided for itt Sectio翼 4.0嗜 ヽ below,s義 議:l be pald by
pttFC羹 職SeF. Ttte cottt ofthe t識 le oo奮 tr職 :な 準ettt sれ 凛il atso btt paid by Pttrchttse:、
3.03 P彗 縛れ豪seF s嬢 警輩 pay foF the cost of reoo蒔 1金 9【れe Warrettty ttee霧 . Re機;Propetty taxes s瀑 凛:: be proぎ 摯憮減』 based on ttte current year's ttx with etre
a:low懸 羹ce 識 象de お
“ 錦 ax:灘 餞彗 al:owable disco轟 厳 , おo霧 e奪 峰 ad e織 達 atty otれ er
織pplic趣 濃le exempti金 織s and paid by Setler. :f Ctosi資 奪 occ琴 棗卜at a date wれ ictt the
cttrrettt yeaご s奮 、:|1議 ge is not ttxoざ :talxes、κ!:i be prorated batted ttpott sucれ p菫 o「
ye韓 ざsr織 :|:89癬 、
:V. RE象 観:獄 騒矮ENTS ANO CON聯 :T10NS
401∪po食 exe書 賊誓on of機 群Aorc鑢 舞ent by ttotお pattles or et sttctt other titte 3.s
specitted withミ 総 tttitt A飛 :Cie, Pttrc降 織ser議 溝輝イo,Se::eFt as ttte case may be, sれ 参:|
peぎb=毬 轟e象 》t:《洸ぽ!海 書、ぶittti轟 書無e tirttes stated,wお :cれ stta7ヽ 経e cottdilions pttcedent
to the Ciosin警:4.011∵餞1準 :n fittee鸞 (15)deys轟 驚ertれ e dateれ ereo亀 PttrCれ aser轟 れ―ぶl obtal彙 轟導
oマ ident鵜 ぽtttle att ALTA Co熱 難織m総 鍮tお 『参隣○齋羹9ビ sT難 le‡議奪韻糧織ce Policy
(ALTA Forr摯 8～1970)coverittg ttte P鱒 辞ettY‐tosether with haκ i copies of a:|
except:o注 s sttown ittereo織 , Pttrcお a‐霧奪f轟 瀑議|‡have tttrty(30)dayS,fOilowing
receipt of tte ttle:ns彗 轟 織く簿 GQ識 轟 識鐘 命潟t,to nottt Setier in w囃 鷲暴奪 ぽ 書織y
。崚ieCtiOn to tit:e other t羅 織鰺 ‡letts ev:dencing 難o織 et議 奪 oも |lgatiotts, 将 attY、
whic篠 o懸 119ations sれ all btt pal轟 at ciosi織 會. :f ihe title cottw職 :‡mettt cont菫 :織s
e× ceptiotts that rttake tな e tttle慧 総鉾attetttb)et P機 『cお aser shali deiiver to ttte
Selter w轟 競e森 傘otice of its ittte議 〔:o籟 to、繊姦ive th.e ttpp‡icable cotttingettcies o「to
ter苺 濃議t総 議is撻 総ettetttx
苺.012 ‡ゞ Ptt「cれ 轟se群 象れ轟|‡ 鶯禽:: 鶴 3dvise ttte Se∫leF ξn writing of any stlcな
。電αttOttS tt SetieFs tttte tt tい 鸞 熱a金 難er he総 懸 綸ヽ懇:red by this Agreemettt,ttte
title tth書 ヽ1響 金彗ee撻 轟曇aCCttpl漁 議1轟 、警po群 織otirlcation of Pttrchasers ObiectiOtt to
tittet Sボ 1畿 ぎs轟 麟‡:卜 ave thittY(30)嚇 象yS tO rttmedy any tte湊 :く 求si聡 order to cottvey
g。0ヾ 響d ttaご 沢etttble t難 :e、金、cepζ おテ襲etts or総 o陰 eta琴 o諄 tigatio彙 swれ ,ch w:|‡
btt satiStte醸 穫‡()losittg,sel:er、通t tt sottt expettse,s無 書:|じ se:ts best ettorts to
難ake sttch title彗 ood attdョ疇ar盪 鍮 bte. :n ttte evettt Se‡iettis ttnabie to cttre sa:轟
。轟e赦 :。霧等 w鍵 瀑i清 Sald懸 難e絡 総議OS、F豪 =,嬢 轟ssI、by簿 総V:di彙 9 written■otice to
Se‡‡er wit濃 :羹 務even(7)dav轟 賤量毯幹exp醸 ミ!on Or sttid t轟 i戯 Y(30)day perio轟 、器ay
畿薫 陰 鉾 titl轟 篠鰺 織 t濠 奪羹 is,waivi幸 s感 織Yo明 eべ io織 |。「Pttrcわ 象ser may terminate the
A癬 彎 ette降 ミ.Aね 総賊rs by p彗 鉾難温撃議eヨ tO Sivtt sttctt write籠 傘べ ice of terFTlina懸 o総
W:‡れ:総 tれ e t:然 e peFiO《 p,ovide毯 纂eFel籠 Sttaミ i be ds総 難ett an election by
資彗rcれ 轟serto e領 澄 鮮 識 e exce議 燻◇総轟鶴 織 :e assお o、繊 、まnt鍵 篠 tlle com‐解 縄ment.
ミ、魯ヽ3 SSIミ e,議 stees to ttrni轟 譲総舞y ttNi等 ξi駐 gs麒 Ⅳeys of ttte Propetty in Selieごs
簿ossessi◇総 :o お嫌ヂcれ aser wit議 :籠 嗜0 蒙en)days of ttte effective date of tttis
権 鈴ette傘 驚 P彗 総議‐aser sれ ali ttave ttte op懸 o総 ,at iも owtt eXpettse,to oわ taitt a
奪攣「菫e穐 苺象躾鉾ゃyぶ ttte Propetty prepttred by a s懇 Ⅳeyo=|:cettsed by the Stateぼ
ドloま i轟 豪、 腱Q象 番∫韻stぎnents to tれ e Furchttse P群 ice sれ a:‡怒e rttade based upon atty
゛饒
16.C.3.a
Packet Pg. 367 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
CONSERVAT10減 00LLIER
Pttpetty ide彙 奪!痰 o参 載on NO. 39402640・ O07
chattge to tte to熊 ュl acreage referettced irt Exhibit'■,''untess the dif穐 摯rence in
acttatte reve繊 :ed by survey exceeds 50/O oft舞 e overall acreage. :fthe survey
pttΥ ided by Se!:eF Or Obtaltted by Purchaseri as ceFtiFled by a registered
Fミ orida suFVey。ョ、sho鴎 :(a)an encroachmettt onto the propetty:o「(b)that an
i『織辞rOVemettt iocated on the Propetty proiectS On10 1ands of others,or(c):aCk
of iesa;acoess to a pub:ic roadwayt the Purchaser shall notify the se∥er in
writittg of sttch eneroachment, prolectiOn,or iack of legal access,and Seller
stta:|卜 ave tte option of curi鶏 9 sald ettcroachment or prolectionl oF Obtaining
i鍵 al access to the propett frorn a pubiic roadway,wtthin sixw(60)dayS Of
feceipt cr said written notice from Purchaser、Purchaser sha∥have ninety(90)
days frott the efFective date of this AgreeFnent to noti～Seller Of any such
ObiCttiOtts, Should Seller elect not to or be unable to rernove the
encroachttent,proiectiOn,or provide legal access to the propetty within said
si劇け (60)day pertod,Purchaser,by providing w轟 載ett notice to Seller wtthin
seven(7)days ater expiration of said si)dy(60)day periOd,may accept the
pro鮮 摯rw as ttthettis,waiving any obiectiOn tO the encroachFnent,or prolection,
or lack of lettal access,o『Pttrchaser may terrninate the Agreement.A fallure
by Purcheser to stve such w「i驚 ett notice of terrnination within the tirne period
providett hereitt shall be deemed att electio● by Purchaser to accept the
Propetty witれ ―tれ e encroacttmenti or prolectiont oriack oflegal access,
V、INSPttCT10N PER10D
5、01 PurcttaseF Shali have one hundred and鶴 ″enty(120)dayS from the date ofthis
Attf〔x)Fnettt, ぎl駐 spection PeFiOd“),tO deterrnine throtlgh appropriate investigation
tれ at:
1, Soil tests and engineering stodies indicate that the Property can be developed
withottt any ab織 o=■aldemuck:機 9,sOil Stabilization o「foundations.
2. There aFe nO abttorrnal drainage or environFnetttal requirements to the
developrnent ofthe pFOpe守.3. Ttte Property is in compliance with al: applicable State and Federal
environrnenta: lews and the Property is free froFn any po∥ution or
co妻 怪露驚i臓 織tion.
4. The P,operty can be util:zed for its itttended use and purpose in the
Conservation Coltier program`
S.02 if Pttrchaser is rlot satisfled,for any reason whatsoever,vvith the results of
atty investigatio海 , Purchaser shall deliveF tO Seller prior to the expiration of the
l織 spection Pettod, w『ittett notice of its intention to waive the applicable
co織 饉ngencies or to terFninate this Agreement.:f Pttrchaser falis to notify the Seller
in w轟 鷲鍵奪 of ttS Specittc obiectiOns as pFOVided herein within the inspection Pettod,
it shatl be deetted that the purchaser is satisfled with the results of its
ittvest撻 藤重iOns霧 鍮d the cotttingencies of thisハ rticle V shali be deemed waived.ln
ttte evettt Purcれ aser elects to terminate this Agreement because of the right of
ittspectic命 ,PttFCttaSer shall de:iver to Seller coples of all engineering reports and
enマ ilonttentat and soii testing resttlts comr■issloned by Pttrchaser with respect to
tれ e Propeヨ Υ.4%16.C.3.a
Packet Pg. 368 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
COttSttRVAT10N COLLi饉R
Propeぼ y ld難 総t爾 に趣雌o織 No. 39492640007
5.03 Purchaser and its agents、ernployees and servants shal:,at thei「ow海『iSk and
expetts像 =れ 繊ve tれe rig羹 tto so upon the Propetty forthe puゃ ose or surveying and
conducti彙 奪 Site analytes, soil bo「ings and ai! other necessary investigation.
Pu蒻 織esttr sttal:t:轟 perFo奪 稔ing s■ch tests,use dじ e caFe and ShaliindemnNv Seller
on accottnt of atty:●ss oF damages occasioned thereby and against any ciaim
難 ade eOainst SelleF aS a restlit of P諄 「chasers entFy, seller sha∥be notifled by
P彗 奪haser no iess than twenty‐four(24)れ ourS priOr to sald inspection of the
Properャ 、
V!,INSPECT10N
6.01 Setler acknowiedges that the purchasert or its authorized agents,shall have
the rigtt to tAspttct the Property at any tirne prior to the Ciosing.
Vll.POSSttSS10N
ア.01 Pttrchaser shall be etttit:ed to fむ |l possession ofthe Propetty at Closing.
Vill,PROttT10NS
3.01 Ad valorem taxes next due and payable,after closing on the Propery,sha∥
be prorated at()losittg based upon the gross attount of 2017 taxes,and shatl be
paid by Seiler,
:X.TER類 INAT10N AND REME01ES
9.01:f Seller sれ aliれ 参ve Failed to peだ bFrn any ofthe covenants andノ or agreements
containα 虜 れeFei鍵 Which are to be performed by Seller,wtthin ten(10)days Of
write織 織otiflcat:o菫 or such fa:luret Pttrchaser may, at its option, terrninate this
Agreement by giv瀑 9W轟 撫講 no懸 ce of teminatiott to Seller.Purchaser shall have
機e ttgtt to seek a森 d enforce al:ほ ghts and reFnedies ava∥able atiaw orin equity to
a contract vendee, inctuding the Fisht to seek speci鷲 c perforrnance of this
Agreernent、
9.02 if the purchaser has not terFninaled this Agreernent pursuant to any of the
pttvisions a量 れoFi=ing such terrninationt and Purchaser falls to close the
tFanSaCtiott cotttemptateC hereby or othen″ise falis to perform any of the terms,
covenantt and cond掟 ions ofthis Agreement as required on the part of Pu『chaser
to be perfo露 職ed, provided Seller:s海 ot in defauttt then as Seiler's sole remedy,
Seller$墨 all have the rightto terrnittate and canceithis Agreement by 9iving w「itten
輿otice thereof to Purchaser,wherettpon one‐har percent(1′20/0)of the purchase
pFiCe Shali be patd to Se:ler as ilqu:dated darnages which shall be Se∥eris sole and
excI準 sive rettedy,and neither patty shal:have any further iiability or obligation to
the ottter excett as set fotth itt paragraph 12.011 ),hereof.
Ttte pa武 ies acknowittdge and agree that Seller's actual damages in tれ e event of
Pttrcれ asers default are uncertain in attount and difficult to ascertain,attd that said
16.C.3.a
Packet Pg. 369 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
CONSERVAT10tt COLLIER
Propedy ldent面 に曝懸o職 No. 轟9492640007
omount of liqり idated damages was reasottably determined by rTluttra:agreement
betten the pa戴 ies,and sald sum was notl麟 tended to be a penaltyi織 nattFe,
9.03 The parties acknowiedge that the reyttedies described heFeitt and in the
other provisio羹 s of this Agreement prov:de mtttually sattsfactory attd s爵 餞cient
remedies to each of the parties, and take into account the pecu:iar rittks and
expQttses《澪ettchぽ the parties,
X.SEL難 巨変S AttD PURCttASERIS REPRttSttNTAT10NS AND WARRANT:ES
10.01 Seller attd Pttrchaser represettt and、″arFattt the following:
10,01l SelleF and PUrchaseF haVe ful:『igれ t and authority to enter into and to
execute thts Agreement and to undertaま e all actions and to perform alt tasks
required of each hereunder.seller is not prese書 鷲y the subieCt Of a pending,
threaten(撼 o「conternplateC bankruptcy proceeding.
10.012 Sel総 rれ as full『igれ t, power, and atttお o彎 t0 0Wtt and opeFate the
propetty, 議総d to execute, deliver, 轟聡彗 pe■o「rn its obl:9atiotts む重der tttis
Agreemettt and the instrurnents exec輯 き藤 :織 GOnneCtiott herewithF and to
co奔 su爾ヽ畿ate the transactiott cotttempl参 ted hereby. Ali necessary
autttoriこ 象t:ons and approvals have been obtained authoFiZing Seller aRd
Purchaser to execute and consurtrnate tれ e transaction contemptatedれ ereby.
At Closi簾 9、certifted copies of stlcれ approvals shali be delivered to Ptl,chaser
andノ o,Seiler,if necessary.
10.013Tれ e warranties set fbrth itt this paFagraph shali be trtte on the date of
this Agreemettt and as of the date of C:osingx Purchasers acceptance of a
deed to the said Property shall ョot he deetted to be ful! performance and
discれ 檬彎e of every agreement end oblisation on tれ e part of the Seller to be
perfo資 準ed p彗 総機凛ntto tれ e provisiotts of tれ is Agreement.
10.014 Sel:eF represents thatit hes総 o kttowledge of any actions,sttits,clairns,
proceedings,litigation or investigation、pending ortれ reatened against Setier,at
law,報 む奪 or itt aぬ 識ratton before or by曇 締y fedeFal,State,municipal or other
Oovernttentat instrumentality that relate to this agreement or any other
propettγ that COuld, if continued, adversely afFect Sellers ability to seli the
PropettFto Pttrchaser according to tれ e terms ofthis Agreement.
10.015 No p機 羹v or person other t海 量織 Purchaser has any『ight or option tO
ac痰 糠ire tお e Property or any portiotttれ e築 )of.
10.01感 響減撻tれ e date ttxed fo「C:os:籠 gr SO long as tれ :s Agreernent rettains in
F:薇 亀は デ'纂 滞 祇認 l,鷲 r響 鶴 槻 」葛 胤 膚:Itξ 凛 :ご 翼 毎.perso難 o=ettttty any ttghts wtth resぎ 冷盤 tO the Properり or any patt tれ ereof, ‐
wi:れ o職 t fl緊 、t obtainittg the written co資 settt of PttFChaSer to such cottveyance:
16.C.3.a
Packet Pg. 370 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
CONSERVATION COLLIER
Property ldentificatlon No. 394926,40007
encumbranee, or agreement which consenl may be withheld by Purchaser for
any reason whatsoever.
't 0.017 Seller represenls that there are no incinerators, septic tanks ot
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indireclly
into any body of waler. Seller represents the Property has not been used for
the produclion, handling, storage, transportation, manufacture or disposal of
hazardous or toxic subslances or wastes, as such terms are delined in
applicabte laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic eubstances are currently used in
connection with the operation of lhe Property, and there is no proceeding or
inquiry by any authority with re$pect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contaminalion on the Property
or potential of ground water contaminalion from neighboring propedies. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Prope*y at any time during or prio. to Seller's ownership
thereof. $eller represents none of the Property has been used as a sanitary
landfill.
10.018 $eller has no knowledge that the Property and Seller's operations
conceming the Prope*y are in violation of any applicable Federal, Slate or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or reguiring or calling attention to the need lor any work, repairs,
conslruction, alteralions or inslallation on or in connection wilh the Property in
order to comply with any laws, ordinances, codes or regulation with which
$eller has n0t eomplied.
10.0'19 There are no unrecorded re$trictions, easements or rights of way (other
lhan exisling zoning regulations) that re$trict or altecl the use of the Property,
and ihere are no maintenance, construction, advertising, management,
leasing, employmeni, service or oiher contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, aclions or arbitration,
bond issuances or propo$als therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements. ulility moratoriums, use moratoriums, improvement
moratoriums, administrative or olher proceedings or governmental
investigations or requiremenls, formal or informal, existing or pending or
threatened which affecls the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or relaled
to the Property which has nat been disclosed to Purchaser in writing prior to
the effeclive date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representation$ staied above and on the
16.C.3.a
Packet Pg. 371 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
CONSERVATION COLLIER
Property ldentification No. 394926.40007
understanding tiat $eller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date ot this
Agreement up lo and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracls or agreements perlaining to or afiecting the
Property and not to do any act or omit to perform any aci which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws goveming same. Seller also agrees to notiry Purchaser
Fromptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
whieh may resirict or change any other rrndition of the Property.
1A.O22 Al the Closing, Seller shall deliver to Purchaser a statemenl
{hereinater called the "Closing Representative Statemenf') reasserting lhe
foregoing represenlations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represenis, warants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in cgnnection with the application of any federal, state, local or
common law relating to polluiion or protection of lhe environment which shall
be in accordance with, bul not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Aet ol 1980, 42 U.S.C- Section 960'1,
et seq., ('CERCLA" or "Supertund"), which was amended and upgraded by the
Superfund Amendmeal and Reauthorizalion Act of ',l986 ("SARA'), including
any amendments or successor in function to these acts. This provision and
the righb of Purchaser, hereunder, shall survive Closing and are not deemed
salisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's role risk and expense,
xr. NoTtcE$
1'1.01 Any notice, request, demand, instruction or other cornmunication to be
given to either party hereunder shall be in writing, senl by facsimile with
automated confirmalion of receipt, or by registered, or certified mail, retum receipt
requested, postage prepaid, addressed as follows:
lf 1o Purchaser: Summer Araque, Ooordinalor
Conservalion Collier Program
Collier County Parks and Recrealion Division
Public Services Departmenl
Golden Gaie Community Park
3300 Sanla Barbara Blvd.
Naples 34116%16.C.3.a
Packet Pg. 372 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
CONSttRVAT10N COLLiER
Propetty ldent韻 ほa遷 o聾 No. 39492640007
Wlth a copy toi cittdy,嘘 .Erb,SR麒 l Senior PropettY AcOttisitio織 Spectelist
Cottier Cottnty Real Propeぬ F Managettent
:fto Sel!eri
3335 Ta熱 iami TFali ttasti suite 101
Naptes,FloFida 341 12
Tetep晨 o籠 e nurnber:239-252‐8917
Fax n彗 熱ber1 239‐252‐8876
Meroedes Cabrera
1040 NW 143轟 Street
Mianl:,FL 33168 β8J〕
Fax轟 彗mberi t ″″
11.02 The addressees and nむ FnberS foF the puゃ ose oF this AFtiCle rnay be
chattged by像 ittter patty by 91vinO written OOtice or such change to the other patty
ttt the manner provided herel識 . For the pu零 ose of cttansittg sttch addresses or
addttsee3 o彙 ly, uniess ertd ttntil such w討 載en nOtice ts receivedi the last
構ddressee and respective address stated heFein Shali be deemed tO cOntinue in
erect for轟 li pttrposes.
XII“REAL ESTATtt BROKERS
12,0(Any a織 ご a疑 経FOkerage coFrlttissiotts or fees shali be ttte sole responsi豪 lity
げ tれ e SelleF,Setter tthatt indeFn海 ify Purcttaser a羹 曇hO総 PttrchaseF harmtess fro機
antt agatttst any ciaiFn Oぶ iabittty for cornmissio機 oFfeeS to any broker or any other
pe鶴 o織 or patty clairnt織 9 toれ ave been engaged tt seiter as a real estate brokert
salesme機 o「rep鉾 ま瀬tative、い cottnectioR Witれ tれ isメ 、reettent,Setler agrees to
pay any attd all coFnttiSsions or feec at ciosittg pursttattt toミ heね rrns OF a separate
agreerttettt,if atty.
Xtl:、議iSCELLAN鍵 0∪S13.01 Tttis Agrttrnettt ttay be execttted in any ttanneF Of COunわ rparts wお icれ
togettter shali cottstittlte the agFeettent of ttte patties.
13.02恥 is Algreement and tれ e te鍋ls and provisお nsれ ereof shail t冷 efFettive as of
the ttate tお is Agreettettt is executed by bot聾 patttes and sha::inttre to the beneFlt
of and be bindin奪 襲pott the paFtieS hereto and tれ e:r respective heirs,exectttorstpe鶴 織織l represetttatives, successors, succttssor tFttstee, and assignees
whetteverthe context so requires or admits.
ヽ3.03 Any atte耀 田e量 to梅 is Aぎ eernent shal:notわ i桑 d any ofthe parties hereof
彗rlless sttCh a購 0織 dmettt is in writing attd exectttett and dated by Ptrrchaser and
SelleF. A‐湾y amOndttont to tれ is Agreement shali be blndiR9 upon Purchaser attd
Seller as soon as itれ as beett executtd by both paバ tes.
16.C.3.a
Packet Pg. 373 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
CONSERVATIOII COLLIER
Prop€rly ldentification No. 3949264000?
13"04 Captions and section headings contained in this Agreement are for
convenience and reierence only; in no vyay do they define, deEcribe, extend o.
limit the scope or intent o{ this Agreemenl or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the nurnber and
gender in whiqh u$ed, shall be deemed to include any olher gender or number as
the context or the use thereof may require.
13"0€ No waiver of any provision of this Agreemenl shall be efiective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
pravision of this Agreement shall be applicable only to the specitic inslance lo
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 lf any date specifred in lhis Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall b,e extended to the
next succeeding business day.
13.08 seller is aware of and understands that the "offef'to purchase represented
by this Agreement is sub.lect to acceptance and approval by the Board of County
Commissioners of Collier County, Florida. This Agreement is subject to fund
availability and future appropriation. should the funds not be available or able to
be used prior to closing the Purchaser or seller may immediately terminate this
agreement without any paymenl of any kind to Seller.
13.09 lf the Seller holds the Property in the form of a partnership, limited
parlnership, corporaiion, trust or any form of representative capacity whalsoever
for others, seller shall make a written public disclosure, according to chapler 296,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property belore Property held in such capacity is
conveyed to collier county. (lf the corporation is registered with the Federal
$ecuriiies Exchange Commission or registered pursuant to Chapter S17, Florida
$tatuies, whose stock is for sale to the general public, it is hereby exempt from ihe
provisions of Chapter 286, Florida Statutes.i
13"10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
xrv. ENTIREAGREq$ENT
14.0'l This Agreement and the exhibits attached hereto contain the entire
agreernent between the parties, and no promise, representation, warranty or
covenanl not included in this Agreemeni or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of lhe essence of this Agreement.
16.C.3.a
Packet Pg. 374 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
,CONSttRVAT:ON COLLIER
Propedy:denttcation No. 39492640007
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProiecVAcquis減 lon Approved by BCCi
AS TO PURCHASER:
AttTEST:
CRYSTAL K.K!NZEL,Cierk
BOAR0 0F COUNIY COMMiSSiONERS
COLLIER COUNTY,FLORIDA
BY:
, Deputy Clerk PENNY TAYLOR,Chai『
Approved as tOゎ rm and iega∥ty:
Jenn漁「A.Belpedi。:Assistant county Attorneyく
〕メ
liliっ
し(′ヾ
AS TO SEttLER:
DATED:
WiTNESSESi
ah
Wltness#2(Print Narne)
11
じ
Ⅳ:16.C.3.a
Packet Pg. 375 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
CONSERVAT10N COLLIER
Propenγ lde面
“
」。n No 39492640007
EXHIB:T“A''
PROPERTY:DENTIFiCA丁 !ON NUMBER: 39492640007
LECAL DESCRIPT!ON:
ALL OF ttRACT 30, 00LDEN GATE ESTATES, UNIT N0 53,
ACCORDING TO PLAT THEREOF RECORDED lN PLAT 800K 7,
PAGE 93,N THE PUBLiC RECORDS OF COLLIER COUNTY,FLOR:DA
9.16 acres
o障 Э
16.C.3.a
Packet Pg. 376 Attachment: Signed Agreement (20731 : Conservation Collier - RMSP - Cabrera)
1
Conservation Collier Land Acquisition Program
Project Design Report
Cabrera Parcel
Date: December 1, 2021
Property Owner: Mercedes Cabrera
Folio(s): 39492640007
Location: Golden Gate Estates Unit 53 Tract 30
Size: 9.16 acres
History of Project:
Project Selected for the “A”
category, #1 priority, on the
Active Acquisition List (AAL)
by CCLAAC
AAL most recently
approved by BCC
Offer Made Offer Accepted
12/15/04 7/10/2018 8/1/2021 8/24/2021
16.C.3.b
Packet Pg. 377 Attachment: Cabrera-PDR-RMS-2021 (20731 : Conservation Collier - RMSP - Cabrera)
2
It was determined that properties within North Golden Gate Estates (NGGE) Unit 53/Red
Maple Swamp and Units 62 and 65/Winchester Head, do not need to be brought back to
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for additional
recommendation.
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
The Red Maple Swamp multi-parcel project (AKA NGGE Unit 53), which includes the
subject parcel, was first approved by the Board for acquisition as an “A” List multi-parcel
property in January 2005, and then confirmed most recently
Red Maple Swamp/NGGE Unit 53 is an undeveloped Unit within the North Golden Gate
Estates (NGGE) incorporating 305.69 acres and 108 parcels. Conservation Collier has
acquired 78 parcels totaling 235.12 acres and currently owns 72% of lands within the
project area.
Native habitat present over the whole unit is wetland hardwood forest, with a substantial
portion of that being dominated by cypress and red maple swamp and the remainder by
native and exotic re-growth over a historic farm field (approximately 100 acres) on the
western side of Unit 53. This parcel is located within the old farm field. Soils, hydrology
and extant plant species indicate that the entire unit is a seasonal wetland, with surface
water present during rainy season and moist conditions remaining during dry season
(excepting drought conditions when water tables may recede lower). The area contributes
moderately to Lower Tamiami aquifer recharge.
Listed wetland dependent birds, including wood storks, snowy egrets, ibis and little blue
herons have been observed during site visits to this area. The entire unit is considered part
of Primary Zone panther habitat by the U.S. Fish and Wildlife Conservation Commission.
Deer have been observed in the area and Florida Black bears are known to inhabit adjoining
public lands.
In addition to protecting wetlands and listed species habitat, another important reason for
the selection of Red Maple Swamp as a conservation target is that it is connected on its
north and west sides with the 60,000 acre Florida Forever Corkscrew Regional Ecosystem
Watershed (CREW) Project, which includes Corkscrew Marsh, Bird Rookery Swamp,
Flint Pen Strand and Audubon’s Corkscrew Swamp Sanctuary. Through them, Red Maple
Swamp (and this parcel) connects with the Pepper Ranch and Caracara Prairie Preserves,
private mitigation lands and lands protected under the County’s Rural Lands Stewardship
Program. Conservation Collier acquisitions within NGGE Unit 53 would enhance, protect,
and buffer these already conserved lands.
The acquisition of lands within Red Maple Swamp will also provide additional public
access opportunities to the area including a connection with adjoining Bird Rookery
Swamp, where a 1,200-foot boardwalk has been built and nearly 12 miles of hiking trails
have been created by South Florida Water Management District (SFWMD). Staff will
16.C.3.b
Packet Pg. 378 Attachment: Cabrera-PDR-RMS-2021 (20731 : Conservation Collier - RMSP - Cabrera)
3
coordinate with SFWMD and neighboring communities when planning for public access
to Red Maple Swamp lands.
Regarding vulnerability, this area is zoned for single-family residences and although none
have been built to date, and the Florida Department of Environmental Protection maps this
Unit as wetland for permitting purpose, permits could be requested at any time.
Projected Management Activities:
Removal of exotic plants, construction of trails, parking and placement of fencing and
signage are projected management activities. An Interim Management Plan (IMP) has
been drafted, approved and is updated every two (2) years. A final management plan will
be developed once enough contiguous parcels have been acquired to make management
actions cost effective. Currently, 129.7 acres of the preserve are under management for
exotic plants.
Because of the seasonal wetland nature of the site, any future trails may be seasonal. A
raised boardwalk would be the best public access opportunity, however, this will not be
considered until sometime well into the future of the project when more parcels are
acquired, if and when funds are identified. Nature photography and bird watching from
roadways are two activities that can occur at present. After consideration of risks and
liability, it may be possible to allow school children to visit specific parcels as part of an
educational program about wetlands. Currently, 41st Ave NW, an unpaved limerock road,
provides access and the only parking is along the road right-of-way. Minimal management
activities, like regular visitation, inspection and trash removal are currently being
accomplished by staff.
16.C.3.b
Packet Pg. 379 Attachment: Cabrera-PDR-RMS-2021 (20731 : Conservation Collier - RMSP - Cabrera)