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CCLAAC Agenda 08/03/2022 - Additional DocumentsCCLAAC EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $30,600 (Johnson). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Timothy R. Johnson & Jenett Johnson (Seller). CONSIDERATIONS: The Seller's property contains 1.14 acres and is located within is located within Section 30, Township 47 South, Range 28 East near the Conservation Collier's Panther Walk Preserve. The Panther Walk Preserve is located within the Horsepen Strand in North Golden Gate Estates, and acquisition of this parcel serves to further complete the protection of environmentally sensitive lands within the Horsepen Strand. The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the estimated value of the property is less than $500,000.00, one appraisal report will be obtained, and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing Policy, the purchase price of $30,000 was based upon one (1) independent, state -certified general real estate appraisal firm. The total cost to obtain appraisals for 21 parcels in this area was $3,700. FISCAL IMPACT: The total cost of acquisition will not exceed $30,600 ($30,000 for the property, and approximately $600 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of September 13, 2022, property costs for Conservation Collier properties, including this property and those under contract, total $111,754,447. Estimated costs of maintenance in perpetuity for this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan that will ensure management of all Conservation Collier Preserves in perpetuity. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $245/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. 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 is approved as to form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: 1. Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property Management, Department of Facilities Management CCLAAC - Johnson CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between TIMOTHY R. JOHNSON & JENETT JOHNSON, his wife, whose address is 4106 Autumnwood Drive, Arlington, TX 76016-4228, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seiler shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Thousand Dollars and 001100 dollars ($30,000.00), (U.S. Currency) payable at time of closing. 111. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to 1 �40 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 3884556CO07 applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 10113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service, 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the Q CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) G CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 4 Q C,p' CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2021 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. h op CONSERVATION COLLIER TAX IDENTIFICATION NUMBER- 38845560007 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 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 sole risk and expense. G4' CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 �3II�i►[���IN�.� 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SR1WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Timothy & Jenett Johnson 4106 Autumnwood Drive Arlington, TX 76016-4228 Telephone number: 817-676-4047 Fax number: NIA 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 8 GO � CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller, Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 1109 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV, ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or 010 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLIAM L. MCDANIEL, JR., Chairman 10 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 AS TO SELLER: DATED: WITNESSES: TIMOTHY W.10ON (Printed Name) (Printed Name) (Sature) JENETT JOHNS N /- 1 �-D { inted Name) L'� ( ature) CQ (Printed Name) 11 G4' CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38845560007 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 38845560007 LEGAL DESCRIPTION: THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT NO. 68, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.14 acres 12 G4' CCLAAC EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $63,800 (Sanchez Trust). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Peter S. Sanchez and Nilsa E. Sanchez, as Co -Trustees of the Peter S. Sanchez and Nilsa E. Sanchez Revocable Living Trust, dated July 21, 2015 (Seller). CONSIDERATIONS: The Seller's property contains 2.73 acres and is located within is located within Section 30, Township 47 South, Range 28 East near the Conservation Collier's Panther Walk Preserve. The Panther Walk Preserve is located within the Horsepen Strand in North Golden Gate Estates, and acquisition of this parcel serves to further complete the protection of environmentally sensitive lands within the Horsepen Strand. The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the estimated value of the property is less than $500,000.00, one appraisal report will be obtained, and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing Policy, the purchase price of $63,000 was based upon one (1) independent, state -certified general real estate appraisal firm. The total cost to obtain appraisals for 21 parcels in this area was $3,700. FISCAL IMPACT: The total cost of acquisition will not exceed $63,800 ($63,000 for the property, and approximately $800 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of September 13, 2022, property costs for Conservation Collier properties, including this property and those under contract, total $111,754,447. Estimated costs of maintenance in perpetuity for this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan that will ensure management of all Conservation Collier Preserves in perpetuity. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $245/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. 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 is approved as to form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: 1. Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property Management, Department of Facilities Management CCLAAC — Sanchez Trust CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between PETER S. SANCHEZ AND NILSA E. SANCHEZ, AS CO -TRUSTEES OF THE PETER S. SANCHEZ AND NILSA E. SANCHEZ REVOCABLE LIVING TRUST, DATED JULY 21, 2015, whose address is 9174 SW 81st Court, Ocala, FL 34481, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Sixty - Three Thousand Dollars and 00/100 dollars ($63,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 2 O cA CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered 3 O GP CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and 4 O c1r, CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2021 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary 5 a G�' CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 6 O 1:7 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, 7 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 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 sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Peter S. Sanchez and Nilsa E. Sanchez Revocable Living Trust 9174 SW 81 Court Ocala, FL 34481 Telephone number: 305-582-9878 Fax number: N/A 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 8 0p CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 9 GPI CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLIAM L. MCDANIEL, JR., Chairman 10 GQ,O CONSERVATION COLLIER TAX IDENTIFICATION NUMBER. 39143120009 AS TO SELLER: WITNESSES: -K p, (Si nature (Punted ame) i ure) �CAL-e—ke • &rj6 oza (Panted Name) ignature)I ! (Printed Name) BY: ` PETER S, SANCHEZ AS CO- RUSTEE OF THE PETER S. SANCHn AND NILSA E. SANCHEZ REVOCABLE LIVING TRUST, DATED JULY 21, 2015 BY: NILSA E. sAX70HEZ-CO- TRUSTEE OF THE PETER S. SANCHEZ AND NILSA E. SANCHEZ REVOCABLE LIVING TRUST, DATED JULY 21, 2015 11 GPO MCamScanner CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39143120009 EXHIBIT "A" Isoots] monoWd Is] a0111olvAl[.].moil] u1:3a 01 LEGAL DESCRIPTION: THE EAST 180 FEET OF TRACT 32, GOLDEN GATE ESTATES, UNIT NO. 47, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE(S) 32, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2.73 acres Conservation Collier Cycle 11A Active Acquisition List to be ranked by CCLAAC 8-3-2022 Property Name Size (ac) Estimated Value Estimated Value per acre Staff Proposed Category Staff Comments CCLAAC Proposed Category Designation for Category A INDIVIDUAL PARCELS - Non TPMA H C & J S Adams Trust 4.34 $18,000 $4,147 C Difficult to access, very low vulerability land small size TPMA PRESERVE PROJECTS & TARGET AREAS Caracara Prairie Preserve Project 4.54 $54,500 Hugh Starnes 4.54 $54,500 $12,004 A Allows close access to Caracara Prairie Preserve from District public parking lot County Barn Road Area 5.00 $432,000 County Barn Land Trust Parcel 5.00 $432,000 $86,400 A Difficult to access and small size, but adjacent to CE in rapidly developing area Dr. Robert H. Gore III Preserve Project 5.72 $126,000 Pedro Perez 1.17 $25,000 $21,368 A Expansion of existing preserve in Goldcn Gate Estates R F Berman Trust 1.14 $24,000 $21,053 A Delsina Trigoura 1.14 $24,000 $21,053 A Donna Colon & Patricia Mack 2.27 $53,000 $23,348 A HHH Ranch (Section 33) Area 26.46 $207,000 Robert Sponseller 5.00 $47,000 $9,400 A High ecological value Mary Scotti 8.74 $61,000 $6,979 A Jonathan Geren 7.84 $55,000 $7,015 A Michael Gutierrez 4.88 $44,000 $9,016 A Marco Island Parcels $5,611,000 Annecy Marco LLC 2.13 $2,783,000 $1,306,573 A High listed wildlife value and vulnerable to development Diane Chestnut 0.53 $450,000 $849,057 A South Terra Corp 0.56 $1,975,000 $3,526,786 A S & B Properties of Marco LLC 0.50 $403,000 $806,000 A Northern Golden Gate Estates Scrub Area $38,000 Barbara Dombrowiski 1.14 $38,000 $33,333 B Small size; B-list in case adjacent parcels apply Panther Walk Preserve Project 6.18 $252,000 Andrea Repola 1.14 $45,000 $39,474 A Preservation of Horsepen Strand R F Berman Rev Trust 1.17 $47,000 $40,171 A Maurice J Vaz 1.59 $70,000 $44,025 A Patricia McGinnis 1.14 $45,0001 $39,474 A William J and Martha Scalley 1.141 $45,0001 $39,474 r A Conservation Collier Cycle 11A Active Acquisition List to be ranked by CCLAAC 8-3-2022 Rivers Road Preserve Project 0.50 $35,000 Matthew Van Cleave 0.50 $35,000 $70,000 A Adjacent to Rivers Rd - high risk for development RECOMMEDED FOR RANKING SUBTOTAL 57.60 $6,773,500 Red Maple Swamp (NGGE Unit 53) Multi- 69.40 $867,500 $12' 500 A Multi -parcel projects previously parcel Project (remaining) designated as A -list remain on A -list; these are donation recipient areas Winchester Head Multi -parcel Project (remaining) 69.00 $1,138,500 $16,500 A identified in the LDC. Multi -Parcel Projects Total 138.40 $2,006,000 Dr. Robert H. Gore III Preserve area - Preserve expansion parcels* 120.30 $2 649 968 $22 028 � A Parcels in these areas would be acquired if budget remains after all other properties Panther Walk Preserve area - 33.60 $1,370,107 $40,777 A acquired. Preserve expansion parcels* Preserve expansion parcels total 1 153.90 $4,020,076 CYCLE 10 B-LIST FOR RECONSIDERATION Agua Colina - Marco Island 0.63 $1,515,000 $2,404,762 A APPRAISED VALUE LISTED. A -list if South Terra Corp is also A -list APPRAISED VALUE LISTED. Big Hammock - Area 11 (Barron Collier Permanent SSA Agreement on this 744.2 $805,000 $1,082 C property. Once SSA Agreement is Partnership) extuingished staff would recommend acquisition. Sanitation & Bethune Rd Parcels (Barron More due diligence needed before Collier Partnership) 370.00 $3,900,000 $10,541 B providing a recommendation. Phase 1 on order. Cycle 10 B-LIST TOTAL 1,114.831 $6,220,0001 $5,800 Note: a "Preserve Project" is an expansion of an existing Conservation Collier Preserve. *Preserve expansion parcel acquisition is based on budget availability. Conservation Collier Cycle 10 Active Acquisition List approved by BCC January 25, 2022 updated August 2, 2022 Property Name Size (ac) Estimated Value Appraised Value Category Priority for "A" Category Acquisition Status Big Hammock - Area I (Barron Collier Partnership) 257.30 $3,683,800 $900,000 A 1 Appraisal received, pending Phase 2 study to Dr. Robert H. Gore III Preserve Project Charles E Bailey 17.59 $193,500 $262,000 Offers being made 1.14 $14,800 $25,000 A 1 Kenneth Cedeno 2.81 $36,500 $56,000 A 1 EugeneD'Angelo 5.00 $59,000 $100,000 A 1 Lorraine D Argay 7.05 $83,200 $81,000 A 3 CarolRudnick- Donation 1.59 BCC 3- closin pending closing. HHH Ranch (Hussey Section 33) 256.00 $1,262,000 $2,072,500 A 1 PURCHASE AGREEMENT SCHEDULED FOR BCC 9-13-22 Marco Island Parcels WISC Investment %Cathe Read - Inlet Dr 0.39 $237,800 $410,000 0.39 $237,800 $410,000 A 1 Offer being made Parcels near Panther Walk Preserve Lois Behnke $782,250 $876,000 1.14 $33,000 $57,000 A 1 Offer Accepted Jorge Aguilar 1.14 $33,000 $40,000 A 1 Offer Accepted MaribethSelvig- Donation 1.14 $0 A 1 Donation approved by BCC 4-26-22; pending closing. David Wright 1.14 $33,000 $30,000 A 1 Offer Accepted Paul E Moylan 2.73 $68,250 $63,000 A 1 Offer made D & J Investors 1.14 $33,000 $40,000 A 1 Offer Accepted David Joyce 2.27 $56,750 $52,000 A 1 Offer Accepted PS & NE Sanchez 2.73 $68,250 $63,000 A 1 Offer Accepted Barry Grossman 2.73 $68,250 $63,000 A 1 Offer Accepted William F Thommen 5.00 $75,000 $100,000 A 1 Offer Accepted Sandra Burns 1.14 $33,000 $30,000 A 1 Offer Accepted Tim R Johnson 1.14 $33,000 $30,000 A 1 Offer Accepted Virginia Meyer Trust 1.59 $33,000 $72,000 A 1 Offer Accepted Charles Hackman 2.73 $68,250 $70,000 A 1 Offer made John Pena 2.27 $56,750 $52,000 A 1 Offer Accepted Charles Anderson 2.27 $56,750 $64,000 A 1 Offer made Isabel Gonzalez 1.14 $33,000 $50,000 A 1 Offer made Rivers Road Preserve Project Shari Esehuk 24.18 $1,320,200 $810,000 4.78 $292,000 $180,000 A 1 Appraisal obtained, offer made Joe Popp 19.40 $1,029,200 $630,000 A 1 PURCHASE AGREEMENT APPROVED BY BCC 6-28-22 Pepper Ranch Preserve Project Brian Blocker 84.29 $657,362 $725,000 24.50 $191,000 $220,000 A 2 Offer being made Jim H Moody Crawford 5.46 $42,588 $505,000 A 2 PURCHASE AGREEMENT SCHEDULED FOR BCC 7- 12-22 Jim H Moody Crawford 42.90 $334,620 A 2 Jim H Moody Crawford 11.43 $89,154 A 2 A -LIST SUBTOTAL 673.19 8,136,912.00 6,055,500.00 Red Maple Swamp (NGGE Unit 53) Multi- parcel Project (remaining) 88.23 $1,102,875 $248,875 A 1 4 parcels totalling 20 acres acquired FY22 Winchester Head Multi -parcel Project (remaining) 63.28 $1,044,120 $37,620 A 1 2 parcels totaling 2.28 acres acquired FY22 Multi -Parcel Projects Total*1 151.51 $2,146,995 $286,495 Multi -Parcel Projects Total for Acquisition Cycle 10 (FY22)* 48.00 $554,120 $286,495 Conservation Collier Cycle 10 Active Acquisition List approved by BCC January 25, 2022 updated August 2, 2022 Appraised Priority Property Name Size (ac) Estimated Value Category for "A" Acquisition Status Value Category TOTAL 721.19 $8,691,032 $6,341,995 Dr. Robert H. Gore III Preserve area - 157.08 $1,884,960 $360,000 A 3 Preserve expansion parcels* Offers being made Panther Walk Preserve area - 39.75 $1,150,643 $216,000 A 3 Preserve expansion parcels* Offers being made Preserve expansion parcels total 196.83 $3,035,603 $576,000 Agua Colina - Marco Island B OFFER NOT MADE YET UNTIL 0.63 $1,427,000 $1,515,000 AFTER BOARD APPROVAL Appraisal in process with Big Hammock I. STAFF 744.2 $1,116,300 $805,000 B RECOMMENDS NOT Big Hammock - Area II (Barron Collier ACQUIRING DUE TO Partnership) PERMANENT SSA. Quote for Phase 1 requested; Sanitation & Bethune Rd Parcels (Barron 370.00 $3,900,000 B then will report back to BCC Collier Partnership) with costs of Phase 2 if over $50K. B-LIST TOTAL 1,114.83 $6,443,300 $2,320,000 TOTAL A & B List 1,836.02 $15,134,332 9,237,995.00 Total does not include Sanitation & Bethune Rd parcels A -LIST NO LONGER INTERESTED Owner no longer Marco Island Parcel - Addison Fischer 0.63 $384,200 A 1 interested 2-28-22 Owner no longer Bayshore Parcels Forrest G Amaranth Trust 71.16 $1,419,000 A 1 interested 2-16-22 Parcel near Shell Island Preserve Josef Owner no longer Ma dalener 18.73 $1,180,000 A 2 interested 2-7-21 Owner no longer Pepper Ranch Project Emily Arnold 5.00 $39,000 A 2 interested 2-18-2022 Rivers Road Preserve Project - Eugene Appraisal obtained, offer Er'avec 4.92 $300,000 $200,000 n 1 declined Parcels near Panther Walk Preserve Veronica Haughton 2.73 $68,250 A 1 Sold Kathleen Macrina 1.14 $33,000 A 1 Sold Charles Anderson 1.14 $33,000 A 1 Sold TOTAL 100.44 $3,456,450 Rookery Bay Business Park (near Shell Island) 40.88 $11,242,000 C WISC Investment %Cathe Read - Dade Ct 0.50 $305,000 C C-LIST SUBTOTAL 41.38 $11,547,000 FY22 Budget for Acquisition Cycle 10 is $14,065,100; On January 25, 2022 the BCC voted to consider deferring repayment of approximately $3.5 million to the maintenace fund (174) depending on results of appraisals and due diligence for the A & B-list properties. After appraisals and due diligence information is presented to the BCC they will decide on whether to spend over $14 065 100 for Land Capital Outlay. Note: a "Preserve Project" is an expansion of an existing Conservation Collier Preserve; where noted as "Parcels near" a preserve, the parcels are not adjacent to the preserve; all other properties noted are named based on location. *Multi -parcel project properties in process for FY22 total $354,000; CCLAAC proposed to add another $200,000 for FY22 for an estimated total of $554,000 to be spent in FY22 for multi -parcel projects. The acreage of 48 acres is approximate. **Preserve expansion parcels based on budget availability.