Agenda 10/25/2022 Item #16C6 (To purchase a 2.73 acre parcel near the Conservation Collier Panther Walk Preserve within the Horsepen Strand in North Golden Gate Estates)10/25/2022
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Barry L. Grossman as Trustee of the
Barry L. Grossman Revocable Living Trust, dated December 19, 2000, for a 2.73-acre parcel under the
Conservation Collier Land Acquisition Program, at a cost not to exceed $63,800.
OBJECTIVE: To purchase a 2.73-acre parcel near the Conservation Collier Panther Walk Preserve within the
Horsepen Strand in North Golden Gate Estates.
CONSIDERATIONS: On January 25, 2022, Agenda Item #11A, the Board approved a Conservation Collier Land
Acquisition Advisory Committee (CCLAAC) recommended Cycle 10 Active Acquisition List (AAL), with
changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program.
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 Seller's property was determined to
be wetlands according to a March 2016 FDEP Informal Wetland Determination. According to the FDEP
Geographic Information Systems (GIS), the entire parcel consists of Freshwater Forested/Shrub Wetland.
Additionally, Conservation Collier staff observed that the site consists of cypress swamp.
The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the estimated value of the
property is less than $500,000, 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 twenty-one (21)
parcels in this area was $3,700.
The CCLAAC approved this transaction on July 6, 2022, and voted to recommend Board approval and execution of
the attached Agreement.
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 $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 October 11, 2022, property costs for
Conservation Collier properties, including this property and those under contract, total $111,994,447. 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 Initial costs of maintenance have been
provided in the Project Design Report (PDR) attached. The average annual per acre maintenance cost for the first
five (5) years (initial maintenance costs) is $225/acre including exotic vegetation removal. The FY23 maintenance
costs for the subject property are estimated at $1,019 and include exotic vegetation r emoval and signage. 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: That the Board of County Commissioners:
16.C.6
Packet Pg. 862
10/25/2022
1) Approves the attached Agreement and accepts the Warranty Deed once it has been received and approved by the
County Attorney’s Office; 2) Authorizes the Chairman to execute the Agreement and any and all other County
Attorney’s Office approved documents related to this transaction; 3) Authorizes the County Manager or his
designee to prepare related vouchers and Warrants for payment; and 4) Directs 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
performance under the Agreement.
Prepared by: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Signed Agreement Grossman (PDF)
2. Grossman -PDR-PWP (PDF)
3. Appraisal Report Grossman (PDF)
16.C.6
Packet Pg. 863
10/25/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doc ID: 23263
Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Barry L. Grossman as
Trustee of the Barry L. Grossman Revocable Living Trust, dated December 19, 2000, for a 2.73 -acre parcel under
the Conservation Collier Land Acquisition Program, at a cost not to exceed $63,800.
Meeting Date: 10/25/2022
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
09/08/2022 2:18 PM
Submitted by:
Title: Director - Facilities Maangement – County Manager's Office
Name: Ed Finn
09/08/2022 2:18 PM
Approved By:
Review:
Facilities Management John McCormick Director - Facilities Completed 09/09/2022 8:31 AM
Public Services Department Melissa Hennig Additional Reviewer Completed 09/12/2022 7:55 AM
Parks & Recreation Summer BrownAraque Additional Reviewer Completed 09/12/2022 8:13 AM
Parks & Recreation Cindy Erb Additional Reviewer Skipped 09/13/2022 1:19 PM
Public Services Department Todd Henry Additional Reviewer Completed 09/13/2022 3:38 PM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 09/13/2022 4:01 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 10/11/2022 4:20 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/12/2022 12:39 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 10/12/2022 1:03 PM
Public Services Department Tanya Williams Additional Reviewer Completed 10/19/2022 12:23 PM
County Attorney's Office Ronald Tomasko Additional Reviewer Completed 10/19/2022 1:14 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/19/2022 1:29 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 10/19/2022 1:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/19/2022 2:08 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/19/2022 2:40 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM
16.C.6
Packet Pg. 864
CONSERVA110N COし に「eR
TAX IDENI:F,CAT:ON NUMBER,38846120006
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between BARRY L. GROSSMAN,
AS TRUSTEE OF THE BARRY L. GROSSMAN REVOCABLE LIVING TRUST,
DATED DECEMBER 19, 2000, whose address is 3449 Craig Road, Ann Arbor Ml
48103-1709, (hereinafter referred to as "Seller"), and COLLIER COUNry, a polilical
subdivision of the State of Florida, its successors and assigns, whose address is 3335
Tamiami Trail East, Suite 102, Naples, FL 341'12, (hereinafter referred to as
"Purchase/').
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
paficularly described in Exhibit "A', aitached 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 respeetive
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 ln consideration of the purchase price and upon the term$ and condltions
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 Properly shall be Sixty-
Three Thousand Dollars and 001100 dollars ($63,000.001, (U.S. Currency)
payable at time of closing.
flt. cLostNG
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLO$ING", OR
'CLOSING') of the transaction shall be held on or before two hundred and fofi
(240) days following execution of this Agreement by the Purchaser, unless
e)dended by mutual wriften agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Adminiskation Building, 3299 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
が
16.C.6.a
Packet Pg. 865 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
CONSERVAT:ON COLLIER
TAX:DENTIF,CAT:ON NUMBER:38846120006
3101l Se∥er shali convey a marketable title free of any liensl encumbrances,
|■‐.exceptions,or qualifications.Marketable title,ぃ a∥be deterrnittedl‐laOこ 11。ing to
_ |||lpplicaり |。t掟 le stanl書 輝 ,adOpted by the Flo轟 dO Bar and in as,9Fd學 Ⅲlё Wnh
lll1 law、 At the Closingi the se∥er sha∥cause to be delivered to the Purchaser・l the items specified herein and the fo∥owing dOCurFlents and instruments duly
executed and acknowledged,in recordable forrrli l
‐ 3.011l VVarranty Deed in favor of Pttrchaser conveying titiこ to the
Property,free and clear of a∥liens and encumbrances otherthan:
‐|| | (a)The llen for currenttaxes and assessmenis. ‐ |‐■
| |||● (b)SuCh Other easements,restrictions o「conditions of record.‐ ||
3.0112 Combined Purchase卜 Se∥er closing statement. |
3.0113A"(3ap,'Tax Proratlon,Owners and Non‐Fore19n AfFidav餞 ,"as
required by Section 1445 ofthe internal Revenue Code and as required
‐‐l by the title insurance unden″riter in order to insure the l'gap"‐書‐nd issue
l:|■‐the policy conぃ 申ptated by the titie insurance commttment.|■|‐ ‐
._|‐ 3.0114 A VV-9 Form, "Reqtlest for .Taxpayer identi哺 cati。1摯 l and
ll ll ‐Certification"as required by the internal Revenue Service. ‐ |‐
3.012 Atthe Closing,the Purchaser,or its assignee,sha∥cause to be delivered to
the SOller the followingi
3.0121 A negOtiable instrument(County Warrant)in an amount equalto
l‐||■|‐l the Purchase Price.No funds sha∥be disbursed to Se∥er until the Title
lll COrnpany verifies that the state of the tlll tO the plopelγ lれ
―aS hOt
‐ changed adversely since the date ‐むf the last endorsemlё れt to the‐ commitment,referenced in Section 4.01 l thereto,and the T誡 le Company
is irrevocably cornmitted to pay the Pじ rchase Price to Se∥er aOd to issue
the Owner's titie policy to Purchaser in accordance with the co打 、rnitment
irnrnediately afterthe recording ofthe deed.
■■ 3.0122 Funds payable to the Seller representtng the cash peyⅢent due
lll‐|‐.|‐
‐at CiOsing in accordance wtth Article llt hereof, shall ⅢII、麟bieCt tO
I‐|■‐ adiustment o「prorattOns as hereinaier set fotth. ■‐ ■||
3.02種 aC‐h party shali be responsible ibr payment ofits own atto「ney:s feesi Se∥er,
atits sole cost and expense,sha∥pay at(〕losing a∥documentary stamp taxes due
reiating to the recording ofthe Warranty Deed,in accordance with Chapter 201.01,
Flo「:da Statutes, and the cost of recording any instruments necessary to clear
SeileloS titie tO the Property.The cost ofthe Owners Forrn B Tttle Policy:issued
purも 由ant to the cornrnit"ent provided for in Sectio綺 4.01l below,shall be pald by
PuFCお ―aSttr.The cost oftheむ ∥e commttment shall al,o be pald by PurchasOr.‐
16.C.6.a
Packet Pg. 866 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
CONSERVAT,ON COLLIER ■
TAX:DENT:FICAT:ON NUMBER:38846120006
3.03 Purchaser sha∥ pay for the cost of recording the VVarranty Deed. Real
Property taxes sha∥ be prorated based on the current years tax with due
allowance made for maximurn allowable discount, homestead and any other
applicable exemptions and pald by Se∥er. :f(〕losing occurs at a date which the
current yearis millage is nOt fixed,taxes wili be prorated based upon such prior
yearts rnillage.
iV.REQUIREMENTS AND CONDIT10NS
4.01 Upon execution of this Agreernent by both partles or at such other tirne as
specifled within this Article, Purchaser andノ or Se∥er, as the case may be, sha∥
perforrn the fo∥owing within the ti『nes stated,which shall be conditions precede,t
to the Closingi
4,01 l Within fifteen(15)days atterthe date hereof,Purchaser sha1l obtain as
evidence of tttle an ALTA ComrnitFnent for an Owners Tttle insurance Policy
lALTA Forrn 3‐1970)covenng the PrOperty,together with hard coples of all
l‐||l eXCepttons shown thereo白 .PurChas,「shall have thitty(30)dayS,fOllowing
l■■ receipt or the tttle insurance ёommttment,tO nO燻 fy Seller in wttting of any
l obie‐CtiOn to title cther than liens evidencing monetary obligations, if any,
which obligations shali be pald at closing` if the title cornrnitrnent contains
lxceptions that make the title unmarketable, Purchaser shall deliver to the
Se∥er written notice ofits intention to waive the applicable contingencies or to
tё rrninate this Agreement.
4.012 1f Purchaser sha∥ fali to advise the Se∥er in writing of any such
ObieCtiOns in Seller's tⅢe in the mannerれ erein required by this Agreement,the
title shali be deemed acceptable.Upon notiflcation of Purchasers ottectiOn to
title,Sener sha∥have thirty(30)dayS tO remedy any defects in o「derto convey
good and rnarketable title,except for liens or rnonetary obligations which wi:|
be satisfled at Closing.Se∥er,at its sole expense,shall use lts best efForts to
make such title good and rnarketable、 in the event Se∥eris unable to cure sald
ObieCtiOns wtthin sald ttme pe腱 od,Pttrchaser,by providing wtttten notice to
Seller vvithin seven(7)days after expiration of sald thirty(30)day period,rnay
accept title as it then is,waiving any obieCtiOni or Purchaser may terrninate the
Agreement, A fa∥ure by Ptlrchaser to give such written notice of terFnination
within the time period provided herein shall be deemed an election by
Purchaserto acceptthe exceptions to title as shown in the titie cornrnitment.
‐ 4.013 Seller agrees to furnish any existiⅢg surVeys of the Propettγ in Sener's
‐|l pOSSession to Purchaser within 10 (ten)dayS Of the efFective date of this
■ ‐ Agreement.Purchaser shali heve the 6か 籠Oni at hs own expenseito obtain a
‐‐ current survey ofthe Property prepared by a surveyor∥censed by the State of
Florida. No adiuStrnents to the Pttrchase price sha∥be rnade based upon any
change to the total acreage referenced in Exhibitt'メ ヽ,"uniess the difFerence in
acreage revealed by survey exceeds 50/O ofthe overall acreage. :fthe survey
provlded by Se∥er or obtained by Purchaser, as certified by a registered
ぷ
16.C.6.a
Packet Pg. 867 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
C10NSERIJAT10N COttiER
TAX IDENT,F:CAT:ON NUMBER133846120006 .
Florida suⅣeyor,showsI(a)an enCrOaChment onto the property;or(b)that an
irnprovement iocated on the Propetty proiects OntO lands of othersl o「(c)laCk
of legal access to a pub∥c roadway,the Purchaser sha∥ notify the Seller in
writing of such encroachment, prolectio購 , or lack of legal access, and Se∥er
shal:have the option of curing sald encroachment or projection,or obtaining
iegal access to the Property from a public roadway,within sixty(60)dayS Of
receipt of said written notice from Purchaser.Purchaser sha∥have ninety(90)
days from the efFective date of this Agreement to noti″Seller of any such
ObieCtiOns. ShotJld Seller elect not to or be tlnable to remove the
encroachment, prorectiOn,Or provide legal access to the property within sald
sixty(60)day periOd, Purchaser! by providing written notice to Seller within
seven(7)days ater expiration of said sixty(60)day periOd, may accept the
Property as掟 訥en is,waiving any otteCtiOn to the encroachment,or prolection,
or lack of legal access,or Purchaser may terrninate the Agreement,A failure
by Purchaser to give such written notice of terrnination within the tirne period
provided herein shall be deemed an election by Purchaser tO accept the
_ ‐ Property wnh the encroachment,or proieCtiOn,orlack oflegal access.
‐ ■‐Vi lNSPEC丁 10N PER10D ■‐
5.01 Purchaser sha∥have one hundFedland ttenty(120)dayS frOm the date ofthis
Agreё ment,("inspection Period・ ),‐tO deterrnine through appropriate investigatlon‐ thati
l. Soll tests and engineering studies indicate that the Property can be developed
without any abnorrnal demucking,soil stabilizatlon or foundations.
2. There are no abnorrnai drainage or environmental requirements to the
development ofthe Property.
3. The Property is in cOmpliance with all applicable State and Federal
environmental laws and the Property is free frorTl any po∥utlon or
contarnination.
4. The Property can be utilized for its intended use and purpose in the
Conservatton Collier program.
5.02 if Purchaser is not satisfied, for atty reason whatsoeveri vvith the results of
any investigation, Purchaser sha∥ deliver to Seiler prior to the expiration of the
inspection Period, written notice of its intention to waive the applicable
conttngencies or to terrninate this Agreernent.lf Purchaser falis to notify the Seller
ln w鋼 懸ng of ls specinc obiectiOns as provided herein wtthin the inspection Pettod,
‐‐ it sha∥ be deemed that the Purchaser is satisfied with the resu:ts of its‐ investigationS and the contingencies of this Article V shali be deemed、″aived. in
the event Purchaser elects to terrninate this‐‐Agreernent because of the right of
l inspection,Purchaser shall deliver to Seller c●ples Of all engineering reports and
‐|■■l enVironmental and soil testing results cornrnissioned by Purchaser with respect to
l the property.
5.03 Purchaser and its agents,ernployees and servants sha∥,attheir own risk and
expense,have the right to 9oじ pOn the Property for the purpose of surveying and
∫
16.C.6.a
Packet Pg. 868 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
CONSERVAT,ON COLLi饉 R ‐TAX:DENTIFICAT10N NUM8覆 R:38846120006 ●||・ _| |
c6,ducting site analyses, soil borings and a1l other
Pu‐
"haser shall,in perforrning such tests,use due care.PvrChaser no less tha‐n twenty―four(24)hourS p百 or
PrOpertyメ |‐ ■‐
VI.:NSPEC丁 10N
necessary investigatio金.Se∥er shali be notified by
to sald inspection of the
010■|ISeller aoな り‐,Wledges that the Pり rChaser,or its author:ヱ ёd aee羹 tsi sha::‐lhave
the rightto lnSplctthe Property at any lme p羹 orto the C:osing. |
VII.POSSESS10N
7:01‐IPurchaSer sha∥bё entitled to full possession ofthe Property at Closing. ‐ ‐
VI:|.IPRORAT10NS
8101 Ad va:o事 〕Fη taXes next due and payable,after cloSing on the Prё perty,Sれ a∥
be proratediat()iOsing based upon the gross amount of 2021 taxes,and sha∥be
paid by Seller.
IXIITERMINAT10N AND REMEDIES
9.01 r seiler sha∥have falled to perform any ofthe covenants and/or agreements
contained hel眸 in which are to be performed by Seller,wtthin ten‐(10)day1 0f
"riten notifiё
議キlon of sぃ ch fallure, Purchaser rytay, at its optl。自, terminatё ‐this
Agreement by oiving Written notice of terrnination to Se∥er、Purchaser shallれ ave
the rightto seek and enforce a∥「ights and remedies available atiaw orin equity to
a‐‐contract vendee, including the right to seek specific perForrnance of thisAoreement. |
9.02 The parties acknowledge thatthe rernedies described herein and in the other
provisions of tぃ iS A9reernent provide mutually salsfactory and suttcient remedies
to ola‐oぃ of the parties and take into account the pecul10「risks and expensё S lof
ea‐ёlh ofthe paFtieS.
X.‐SELLER'S AND PURCHASER'S REPRESENttAT10NS AND WARRANTIES
10101l Sё ller and Purchaser represent and warantthe following:
110.01l S●11‐er and Purchaser have full right and authority to enter into anl tO
eド ecute‐lⅢ:S Agreemettt and to undertake a∥acttons‐ηnd to perform ali taskS
・ reluired Of each hereunder.Seller is Rot presenJy the subiect of a pendittg:
threatened or contemplated bankruptcy proceeding.
‐110・ 012 Seller has f由 ∥ right, power, and authority to own and operate the
■Property, and to exeCute, deliver, and peイ orrn its obligations undeF thiも
IAgreement and the instrumettts executed in conneclon herewith, and‐to
consurnrnate the transaction contemplated hereby. A∥ necessary
が
16.C.6.a
Packet Pg. 869 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
CONSERVA■ON COtti=R
TAX 10菫 NViFiCAT,ON ttU懸 8餞 1賦 138846120006
.attthori2ations and approva:s have been obtained aぃ thori率 1綺 奪 Seller and
‐Pttrcれ なser to execute and oonsu簿 lrnate the transactま on contemlpl裁 機 hereby、
At C:olsin‐9,certitted COples of stlch approvals sha∥be delivered‐to‐Purchttser
andメ o「‐Seller,if tteCessaeF.
10101 3 The warrattties set forth in tれ !も ,aragraph shali beltrue oln the dttte of
this Agrserne‐nt‐a海 ‐感‐as efthe d‐ate‐of‐cloSittg. Purchaserts acceptanse‐of a
deed to the sald Property sh‐ali nol‐be deemed to be fu:l perforrnancel‐and
diも ICh‐ar9o of every agreement and ob:igation on11彙 薔 ‐pa‐rt‐of thё ‐Sё :ler to‐濠ё
lp.゛ だOrttted pu聡 ltt率 lnttO the proず iSiOnS Ofthis Agす ooment,
10.014 SelleF reprlesents thatitれ aS no裟 金owied‐9e.of atty actioAs,stlitS,Ciatrns,
proceedt曲 9s,liti9‐森tion orittvest19ations pending Or thrё aten‐edね gainst selis「3 at‐lewtle彎 ぃ誡y prin arb注鍮鷲on before or by any federal,statel municipal o‐r ethel
.9‐ever経 鋼ental inStruttentattty that reヽ 轟te to this agreement or 申‐ny .othler
lprepetty that could: if oontintted, advesely affect Sellerrs ability to sel卜 ttte
Pttpttrty to P彗 諄Oheser accordintt to the terrns ofthis Agreement.
1010116 No patty or ttersott other than Pじ 「chaser has any ri9れ t or Optioり to
31cqむ i『e the Pro‐pe‐rty.or any po‐rtion theFeOf.
101016 1tjn鷲 l the date ttxed foF C10Sing,so long as this Agreettett remaitts in
force and efFect, Se:ler sれ ali not encu‐mber or convey any portiOぬ or the
lPrOperty or any ギi9hts therein, oor enter into any agreements granting any
plぃ 。轟Or entiャ a‐,y richte w識 鍋 respect to the prope∥v or any pa載 lther総 ol
withotlt first.obtttin!賤 ‐9 th慈 麒、1職 On oonsent Of Purchaser toも 籟‐ch conVeyance,
encむ ふb総 臓こe‐,or agreemeね t which consent rrlay be withheld by P口 rchaseFね ―rany reasott whatscever、
10,017 Selllぎ represents that there are nO i崎 oinerators, septic t畿 ‐nks oま
奪esspo●:s on the lprOpetty:all waste,If any,is dis‐chaFoed intO a publlo slき nitary
sewer system:Setlor represents that theyれ ave(柱 has)織 。裟nOWledge that atty
poltttants are,F haVe been discharged from the prOpe:増 ,directly or indi総 紋ly
intoな れソbody oF water.Seller represents the Property has ttot beenじ sttdお ぎ
the prOtttlCti。織,‐h轟 森diing, storage, transpottation"鉾 anuFactur書 o「dis,osal of
hazaだ ous o『 to文 iC Substances or wastes, as sじ ch terms are defined i聡|‐a‐ppl:||lble laws and regulaミ io漁 s, or atty otheF aCtiVity that wOuld have‐to=ill
l総 suttst and no such he=a‐rdous or toxic substances are currentlv鱗 sed●nconⅢection with the opertttion of the property, artd thle総 is no proo畿 edin9 or
inquiry by any attthottty wtth re,pё Ct ttteお tO,Seller represents that they hav籍 ‐
(it has)森 olknOwiedge that there is ground water contarnination on the property
o「poten鷲 01.of 9「0類 nd water eontarninatton from‐彙ei9hbo百 ng pr。評卜rties.Se∥er
represents no stoFage tanks for懇 laSoli漁 e or any ether substances aFe O「Were‐
located on the PropeFty at atty time dttrins‐ ёr prior to‐ Sellerts ownership
there《ゞ. ‐Seller represents n‐。ne Of the propetty has‐beenむ sed‐eS‐a sa織 ita‐ry
l轟 ndfi:l,
務G16.C.6.a
Packet Pg. 870 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
COINSERVIAT10N COLL:ER I II‐■■‐‐
TAX lDENViFICAT10N NUMBER138“6120006
10.018 Se∥er has no knowledge that the Property and Seller's operations
concerning the PropeFty are in violation of any applicable Federal, State or
iocal statute, law or regulation,or of any notice frorn any governmental body
has been served upon Se∥er clairning any violation of any law,ordinance,code
or regulation or requiring or calllng attention to the need for any、″o「k,repairs,
construction,alterations or insta∥ation on orin connection with the Propeny in
order to comply with any laws, ordinances, codes or reguiation with which
Se∥er has not complied.
10.01 9 There are no unrecorded restrictionst easements or rights of way(other
than existtng zOning regulations)that rest両 ct or affect the use of the Propetty,
and there are no maintenance, construction, advertisingi management,
leasing,employment,service or other contracts affecting the Property.
1 10.020 Se∥er has no knowiedge thatthere are any suits,actions or arbitration,
・ bond issuances or proposals tれ erefor, proposals for public improvement
■ assessmentst pey‐back agreements, paving agreements, road expanslon or‐| |l imprOvement agreements,u燻 1裁 y morato百 ums:は se moratonums,improvement
l l■moratottums, administrattve or otぃ er prOceedings or 9overnmental
l ll inVestigations or requirements‐ forFna1 0r inforrnal, existing or pending o「‐ |l threatened which afFects the PrOperty.ol which adversely attects Sel:er's ability
.■ lo‐perforrll hereunderi nor is therelaれ ソother charge or expense upon or related
l‐ to the Property、″hich has not been disclosed to Purchaser in writing prior to
the efFective date ofthis Agreement.
10.021 Se∥er acknowledges and agrees that Purchaser is enterlng into this
Agreement based upon Se∥er's representations stated above and on the
understanding that Se∥er vvi∥not cause the zoning o「physical condition of the
propelty to change frorn its existing state on the efFective date of this
Agreernent up to and including the Date of(〕:osing. Therefore,Seller agrees
not to enter into any contracts or agreernents pertaining to or affecting the
Property and notto do any act or omitto perform any act which would change
the zoning or physical condition of the Property or the 9overnmental
ordinances or iaws 9overning sarne. Se∥er also agrees to notify Purchaser
promptly of any change in the facts contained in the fbre9oing 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 iurisdiction ofthe development of the property
which rnay restrict or change any other condition ofthe P「operty.
| 1 10.022 At the C)osing, Sell。「 こ森all deliver to Purchaser a statement
‐ . (hereinater caned the "ciosing 韓lpreSentative‐State綸 enぜ ')reasserting the
foreg6ing representations as of the lpate of Closing, which provisions sha∥
survive the Closing,
10,023 Seller represents,warrants and agrees to indernttify,reimburse,defend
and hold Purchaser harrTlless frorn any and all costs(inctuding attorney's fees)
asserted against, irnposed on or incurred by Purchaser, directly or indirectly,
が
16.C.6.a
Packet Pg. 871 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
CONSERVAT10N COLLiER II I I I
TAX IDEN『iFICAT撃 ON NUMBER:38846120006
1 purSuant t0 0r io COnnection with the application of any federal,state,loCa1 0r‐ loornrnol law relating to pollution or protection of the environmё nt which Sha∥
l be,ハ 金むcordance wlth, but not:i群 ηited to, the Cornprehensive Enヤ irё lAmoお tat
‐‐‐ ‐ Respo。,o,CompensattOn,and Liability Act of 1980,42U.S.C.SectiO甲 9o01.
| ,t seq.:ぐ iCERCLA“or"Superfund“),WhiCh was amended and upgraded by the‐ ・ ‐sup●rfund・ Amendment and Reauthottzation Act of 1986ぐ iSARA"),:森 ёludlng
l ‐‐eny.amenlmentS Or succeSsor in ttnction to these acts.This provis:on‐and
いe ttgい tSヴ Purchaser,hereunder,shal:survive Ciosing and are ttot loetted
l lSatiSfled b,loO鍋 Veyance oftitie.
_ 10.024 Any loss and/or damage to the Propetty beふ ″eett the date‐Of this‐ Agreement attd the date of Ciosing sれ a∥be Se∥ers sOle risk and expenSe.
XI. NOTiCES
‐11.01 An,‐notiCe、 request, dernand, lnstruction or other cornrnunicatiott to be
.9iven tO ‐either party heretlnder sha∥ be in writing, sent by facsirnile with
autOmeted cOnlrmatton of receipt,or by registered,or cenified mall,retu申 rec9ipt
requestedi postage prepald,addressed as fo∥ows: ■ ・
l ifto PIlё haSer: ‐ summer Araque,Coordinator■ ‐ ・ | ‐ ‐ Conserva輛 on Collier Program ・ ■ ・
\Mth a copy to:
Colller County Parks and Recreation Division ■ ‐ |
Pub:ic Services DepaFtment
Oolden Cate Comrnuntty Park l
3300 Santa‐3arbara Blvd. ■‐‐ ‐‐ ‐■
Naples,Florida 041 16 . ‐ |‐ .
Cindy M.Erb,SR麒 ,Senior Property AcquiSition Specialist
Col:ier County Real.Property Management
3335 Tamiami Trail East,Sutte 102
Naples,Flo『ida‐34112 ‐ ‐ ‐―
丁elephone numberi‐239-252-8917 . ‐
Fax number: 239-252-8876
Barry L.Grosstta臓 :Trustee ‐ ‐‐ ‐
3arry L.G「ossrnan Rev Liv Trust
3449 Craig Road l l l
Ann Arbor,M148103-1709 ‐ ‐ ‐ ‐
Telephone numberi 734-274‐1705 ‐
Fax numbeA N/A
lito Se∥eFl
11.02 The addressees and numbers for the purpose of this Articie may be
Changed by either party by giving written notice of such change to the other party
in the‐由anner prOvided herein.For the purpose of changing such addresses or
addres‐seels only, unless and until such ‐written notice is received, the l.aSt
addressee and respective address stated herein sha∥be deerned to continue in
efFect fOr all purposes.
∫
16.C.6.a
Packet Pg. 872 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
CONSERVAT10N COLLIER
TAX IDENTIF,CAT10N NUM8ER:388461201XS
Xll REAL ESTATE 3ROKERS
1201 A,y and a∥brokerage commissions or fees sha∥be the sole FeSpOnsibllity
ofthe Se“er Seller sha∥indemnify Purchaser and hold Purchaser harmtess frOm
and against any c:aim orttab翻 けfor cOmmission orfees to any broker o「any other
person or party ciairning to have been engaged by Se∥er as a real estate broker,
satesrnan or representative, in connection with this Agreement Se∥eF agrees to
pay any and a∥commissions orfees at clos:ng pursuantto the terns of a separate
agreement,r any
Xi:lM:SCELLANEOuS
13.01￢h:s Agreement may be executed in any manner of counterpatts which
together sha∥constitute the agreement ofthe patties
13 02 This Agreement and the terms and provisions hereof sha∥be efFective as of
the date this Agttement is executed by both parties and shallinure to the beneflt
of arld be binding upon the parties hereto and their respective helrs, executors,
personai representatives, successors, successor trustee, and assi9nees
wheneverthe context so requires or admls
13 03 Any amendmentto this Agreernent sha∥not bind any of the patties hereof
untess such arnendment is in wrlting 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 Caplons and section headings contained in this Agreement are for
convenience and reference onty; in no way do they deflne, descr;be, extend or
籠mitthe scope orintent ofthis Agreement or any provisions hereof
1305A∥tems and words used in this A9reementi re9ardless ofthe number and
genderin which used,shall be deemed to inc:ude any other gender o「number as
the context orthe use thereof may require
13.06 No waiver of any provision ofthis Agreement sha∥be efFective unless it is in
w∥載ng signed by the pa"ノ against whom l:s asserted,and any waiver of any
previSlon of this Agreement sha∥ be apphcable only to the specric instance to
which it is related and sha∥not be deemed to be a continuing Orfuture wal●er as
to such provision or a waiver as to any other provisiOn
13 07 1F any date specifed in this Agreement Falis on a Saturday,Sunday orlegal
ho∥day,then the date to which such reference is made sha∥be extended to the
next succeeding business day_
13.08 Selleris aware of and understands thatthe"offer∥to purchase represented
by this Agreement is subieCttO acceptance and approval by the Board of County
Commissioners of Co雛 ier County,Flonda
が
16.C.6.a
Packet Pg. 873 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
CONSERVAT10N CO=LiER
TAX ID=田 FiCAT10N NUMBCR,38846120006
13.09 1f the Seller holds the Propetty in the form of a partnership, linnited
partnership,oorporation,trust or any form of representative capacity wれ latsoever
for others,Seller shall make a wバ 載en public disclosure,according to oい optё r 286,
Florida Statutes,‐under oath,ofthe name and address of every pe●oハ い母ving a
benef10ial interest in the Property before Property held in s最 これ.cepaむ ity is‐00,Veyecゃ ―Cdibr COunw,(r the corpo餞 鶴on tt re9建 絶red wit‐h the‐Federd
Sec‐轟繊101毒 :|り ange Commission or registered pursuant to Chapter l‐171‐F101ida
Statutest鸞 れ0も ё Stock is for sale to the general public,織 is hereby ex9■|か ,frO申 lthe
prOvioiort,|。「Chapter 286,Florida Statutes,) ・ ‐
13.10 ThiS Agreementis 9overned and construed in accordance with the laws of
the State of Florida.
XiV.ENTIR=AGREEMENT
14.01 ThiSIIAgreement and the exhibits attached hereto contain the entire
agre,申 |||letWeen the patties,and nO promisel representatton,warranty O「
■00VO,|'t摯 OtlinCtuded in this Agreement or any such referenced a9眸 9響 ,ntS hlS
beeぃ olislbeing re:ied upon by etther partyx No modinca轟 on Or amendttё nt 11lhis
Agreё ttё nt shall be of any force or efFed uniess made in w百 鶴ng and execlted‐and
dated by bothllpllrchaser and Se∥er. Tirne is ofthe essence ofthis AgreemOnt.
IN VV!TNESSヽ ⅣHEREOF,the parties hereto have signed below.
Dated ProiecVAcquisition Approved by BCC:
AS TO PURCHASER:
AT~「ESTl ‐‐‐ ■■■| ‐‐
CRYSTAL‐K=KINZEL,Clerk ofthe
Circult CIlrt・ and Comptroller
80ARD OF COUNTY COMMiSS10NERSCOLLIER COUNW,FLORIDA I ■
3Y:
, Deputy Clerk
Approved as to form and legalily:
WiLLiAM L.MCDANIEL,JR.,Chairman
Ronald T TomaskO)Assistant County Attomey
10
16.C.6.a
Packet Pg. 874 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
AS TRUSttEE OF
THE BARRY L GROSSMAN REVOCABLE
LIViNG TRUStt DATED DECEMBER 19,2000
ヽい 腱ョ_g三 野Ч5
(Plnted Name)
AS TO SELLERI
DATttD: 7
16.C.6.a
Packet Pg. 875 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
' coNsERVATtoN coLLlER
TAX IDENTIFICATION NUMBER: 38846'120006
EXHIBIT“A"
PROPERTYIDENT:FiCAT:ON NUMBER: 38846120006
LECAL DESCRIPT10N:
THE EAST 180 FEET OF TRACT 73,GOLDEN GATE ESTATES,UNIT
N0 42,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED
!N PLAT B00K 7, PAGE(S)27, OF THE PUBLIC RECORDS OF
COLLIER COUNTY,FLORIDA
2.73 acres
16.C.6.a
Packet Pg. 876 Attachment: Signed Agreement Grossman (23263 : Conservation Collier - Panther Walk Grossman)
1
Conservation Collier Land Acquisition Program
Project Design Report
Grossman Trust Property
Date: September 2022
Property Owner: Barry L. Grossman
Folio(s): 38846120006
Location: GOLDEN GATE EST UNIT 42 E 180FT OF TR 73
Size: 2.73 acres
Appraised Value: $63,000
History of Project:
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
This parcel is located in the western section of the Horsepen Strand northwest of Panther Walk
Preserve. The Grossman Trust parcel met the Initial Screening Criteria identified in the
Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat,
potential for nature-based recreational and educational opportunities, protection of water resource
values and wetland dependent species habitat, presence of significant biological/ecological values,
listed species habitat, connectivity, and restoration potential.
Potential access for nature-based recreation, and enhancement of the aesthetic setting of Collier
County
This parcel offers access from 64th Ave NE off of Everglades Blvd – a paved public road. This
property could accommodate seasonal outdoor recreation, particularly due to the proximity to the
Panther Walk Preserve.
Opportunities for protection of water resource values, including aquifer recharge, water quality
enhancement, protection of wetland dependent species habitat, and flood control
The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater
marsh. This parcel is home to many wetland dependent species of flora and fauna.
Property enhances and/or protect the environmental value of current conservation lands
through function as a buffer, ecological link, or habitat corridor
Selected for the “A” category,
#1 priority, on the Active
Acquisition List (AAL) by
CCLAAC
Selected for the “A”
category, #1 priority,
on AAL by BCC
Purchase
offer made to
owners
Offer Accepted
12/9/22 1/25/2022 6/20/2022 7/20/2022
16.C.6.b
Packet Pg. 877 Attachment: Grossman -PDR-PWP (23263 : Conservation Collier - Panther Walk Grossman)
2
This parcel, when joined with many others, can protect the flow of both wildlife and water through
the Horsepen Strand.
Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen
Strand project parcels are entirely within the Northern Golden Gate Estates. The zoning
classification for all the parcels is Estates (E), a rural residential classification. There are no
additional land use overlays applicable.
Projected Management Activities: No hydrologic changes are necessary to maintain wetland
characteristics on the project site. Projected management activities include the removal of invasive
plants, the development of a Land Management Plan, and continued development of public access
to selected portions of the preserve.
Estimated Management Costs:
Management
Element 2023 2024 2025 2026
2027
Exotics $819 $546 $546 $546 $410
Signage $200
Total $1,019 $546 $546 $546 $410
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
16.C.6.b
Packet Pg. 878 Attachment: Grossman -PDR-PWP (23263 : Conservation Collier - Panther Walk Grossman)
3
16.C.6.b
Packet Pg. 879 Attachment: Grossman -PDR-PWP (23263 : Conservation Collier - Panther Walk Grossman)
4
16.C.6.b
Packet Pg. 880 Attachment: Grossman -PDR-PWP (23263 : Conservation Collier - Panther Walk Grossman)
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
REAL ESTATE APPRAISAL REPORT
PANTHER WALK PARCELS
Residential Land
64th Avenue NE
Naples, Collier County, Florida, 34120
PREPARED FOR:
Mr. Roosevelt Leonard
Real Property Management
Collier County
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
Client File: PO Number 4500216604
EFFECTIVE DATE OF THE APPRAISAL:
June 5, 2022
DATE OF THE REPORT:
June 10, 2022
REPORT FORMAT:
Appraisal Report
PREPARED BY:
RKL Appraisal and Consulting, PLC
RKL File Number: 2022-152
16.C.6.c
Packet Pg. 881 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
June 10, 2022
Mr. Roosevelt Leonard
Collier County
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
Re: Real Estate Appraisal
Panther Walk Parcels
64th Avenue NE, Naples,
Collier County, Florida, 34120
Client File: PO Number 4500216604
RKL File Number: 2022-152
Dear Mr. Leonard:
At your request, RKL Appraisal and Consulting, PLC has prepared the accompanying
appraisal for the above referenced property. The purpose of the appraisal is to estimate
the market value of the fee simple interest in the subject property. The intended users for
the assignment are Collier County Real Property Management (Conservation Collier
Program), and the intended use of the appraisal is to assist Collier County in its
determination of market value for the potential acquisition through the Conservation
Collier Program.. We use the appraisal report option of Standards Rule 2-2 of USPAP to
report the assignment results.
Please reference the appraisal scope section of this report for important information
regarding the scope of research and analysis for this appraisal, including property
identification, inspection, highest and best use analysis, and valuation methodology.
The accompanying appraisal conforms with the Uniform Standards of Professional
Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of
Professional Appraisal Practice of the Appraisal Institute, and the appraisal guidelines of
Collier County. The appraisal also conforms with the appraisal regulations issued in
connection with the Financial Institutions Reform, Recovery and Enforcement Act
(FIRREA).
The subject is a vacant residential land parcel of land containing an area of 2.73 acres, or
118,800 square feet. Low density residential with limited agricultural uses are permitted
under the present Estates (E) zoning designation. The site was determined to be wetlands
according to a March 2016 FDEP Informal Wetland Determination. According to the
FDEP Geographic Information Systems (GIS), the entire parcel consists of Freshwater
Forested/Shrub Wetland. According to Conservation Collier observations, the site is a
Cypress swamp.
16.C.6.c
Packet Pg. 882 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
Mr. Roosevelt Leonard
Collier County
June 10, 2022
Page 2
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
Based on the appraisal described in the accompanying report, subject to the Limiting
Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions
(if any), I have made the following value conclusion(s):
VALUE CONCLUSIONS
Appraisal Premise Interest Appraised Date of Value Value Conclusion
Market Value, As Is Fee Simple June 5, 2022 $63,000
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: None.
Extraordinary Assumptions: None.
Respectfully submitted,
RKL APPRAISAL AND CONSULTING, PLC
Rachel M. Zucchi, MAI, CCIM
Florida State-Certified General Real Estate Appraiser RZ2984
rzucchi@rklac.com; Phone 239-596-0801
16.C.6.c
Packet Pg. 883 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS TABLE OF CONTENTS
TABLE OF CONTENTS
Summary of Important Facts and Conclusions ................................................................... 1
Introduction Information ..................................................................................................... 2
Subject Identification ...................................................................................................... 2
Current Ownership and Property History ....................................................................... 2
Appraisal Scope .............................................................................................................. 2
Client, Intended User, and Intended Use ........................................................................ 3
Definition of Market Value ............................................................................................. 3
Definition of Property Rights Appraised ........................................................................ 3
Purpose of Appraisal, Property Rights Appraised, and Dates ........................................ 4
Scope of Work ................................................................................................................ 4
Property Description and Analysis ..................................................................................... 5
Site Analysis ................................................................................................................... 5
Real Estate Taxes and Assessments .............................................................................. 10
Highest and Best Use .................................................................................................... 11
Sales Comparison Approach ......................................................................................... 12
Reconciliation ............................................................................................................... 17
Final Value Conclusion................................................................................................. 17
Certification ...................................................................................................................... 18
Assumptions and Limiting Conditions ............................................................................. 20
Addenda
Appraiser Qualifications ....................................................................................... Addendum A
Property Information ............................................................................................ Addendum B
Comparable Data .................................................................................................. Addendum C
16.C.6.c
Packet Pg. 884 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Page 1
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
GENERAL
Subject:
Panther Walk Parcels
64th Avenue NE, Naples,
Collier County, Florida, 34120
Owner: Barry L. Grossman, as Trustee of the Barry L. Grossman
Revocable Living Trust dated December 19, 2000
Legal Description: Legal description shown in addenda of this report.
Tax Identification: 38846120006
Intended Use: The intended use is to assist Collier County in its determination
of market value for the potential acquisition through the
Conservation Collier Program..
Intended User(s): Collier County Real Property Management (Conservation Collier
Program)
PROPERTY
Land Area: Total: 2.73 acres; 118,800 square feet
Flood Zone: Zone AH
Zoning: E - Estates
Highest and Best Use
As Vacant
Conservation or single-family development
Exposure Time 6-12 months
Marketing Period 6-12 months
VALUE INDICATIONS
Value Range of Comparables: $19,517 to $39,459 per acre
Reconciled Value(s): As Is
Value Conclusion(s) $63,000
Effective Date(s) June 5, 2022
Property Rights Fee Simple
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: None.
Extraordinary Assumptions: None.
16.C.6.c
Packet Pg. 885 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS INTRODUCTION INFORMATION
Page 2
INTRODUCTION INFORMATION
SUBJECT IDENTIFICATION
Subject:
Panther Walk Parcels
64th Avenue NE, Naples,
Collier County, Florida, 34120
Legal Description: Legal description shown in addenda of this report.
Tax Identification: 38846120006
The subject is a vacant residential land parcel of land containing an area of 2.73 acres, or
118,800 square feet. Low density residential with limited agricultural uses are permitted
under the present Estates (E) zoning designation. The site was determined to be wetlands
according to a March 2016 FDEP Informal Wetland Determination. According to the
FDEP Geographic Information Systems (GIS), the entire parcel consists of Freshwater
Forested/Shrub Wetland. According to Conservation Collier observations, the site is a
Cypress swamp.
CURRENT OWNERSHIP AND PROPERTY HISTORY
Owner
The owner of the property is Barry L. Grossman, as Trustee of the Barry L. Grossman
Revocable Living Trust dated December 19, 2000.
Sale History
According to public records, the subject has not sold in the last three years.
Current Listing/Contract(s):
The subject is not currently listed for sale, or under contract.
To the best of our knowledge, no other sale or transfer of ownership has occurred within
the past three years, and as of the effective date of this appraisal, the property is not
subject to an agreement of sale or option to buy, nor is it listed for sale.
APPRAISAL SCOPE
According to the Uniform Standards of Professional Appraisal Practice, it is the
appraiser’s responsibility to develop and report a scope of work that results in credible
results that are appropriate for the appraisal problem and intended user(s). Therefore, the
appraiser must identify and consider:
● the client and any other intended users;
● the intended use of the appraiser’s opinions and conclusions;
● the type and definition of value;
● the effective date of the appraiser’s opinions and conclusions;
● subject of the assignment and its relevant characteristics
16.C.6.c
Packet Pg. 886 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS INTRODUCTION INFORMATION
Page 3
● assignment conditions
● the expectations of parties who are regularly intended users for similar
assignments; and
● what an appraiser’s peer’s actions would be in performing the same or a similar
assignment.
CLIENT, INTENDED USER, AND INTENDED USE
The client and the intended user of the appraisal are Collier County Real Property
Management (Conservation Collier Program). The intended use is for is to assist Collier
County in its determination of market value for the potential acquisition through the
Conservation Collier Program.. The appraisal is not intended for any other use or user.
DEFINITION OF MARKET VALUE
Market value definition used by agencies that regulate federally insured financial
institutions in the United States is defined by The Dictionary of Real Estate Appraisal,
7th ed. (Chicago: Appraisal Institute, 2022) as:
The most probable price that a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller each acting prudently
and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit
in this definition is the consummation of a sale as of a specified date and the passing
of title from seller to buyer under conditions whereby:
▪ Buyer and seller are typically motivated;
▪ Both parties are well informed or well advised, and acting in what they consider
their best interests;
▪ A reasonable time is allowed for exposure in the open market;
▪ Payment is made in terms of cash in United States dollars or in terms of
financial arrangements comparable thereto; and
▪ The price represents the normal consideration for the property sold unaffected
by special or creative financing or sales concessions granted by anyone
associated with the sale.” (Source: 12 C.F.R. Part 34.42(g); 55 Federal Register
34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9,
1992; 59 Federal Register 29499, June 7, 1994)
DEFINITION OF PROPERTY RIGHTS APPRAISED
Fee simple estate is defined as an: “Absolute ownership unencumbered by any other
interest or estate, subject only to the limitations imposed by the governmental powers of
taxation, eminent domain, police power, and escheat.” (Source: The Dictionary of Real
Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022)
16.C.6.c
Packet Pg. 887 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS
Page 4
PURPOSE OF APPRAISAL, PROPERTY RIGHTS APPRAISED, AND DATES
The purpose of the appraisal is to estimate the market value of the fee simple interest in
the subject property. The effective date of the subject appraisal is June 5, 2022. The date
of inspection was June 5, 2022. The date of the report is June 10, 2022.
SCOPE OF WORK
The problem to be solved is to estimate the market value of the fee simple interest in the
subject property.
SCOPE OF WORK
Report Type: This is an Appraisal Report as defined by Uniform
Standards of Professional Appraisal Practice under
Standards Rule 2-2(a). This format provides a summary or
description of the appraisal process, subject and market
data and valuation analyses.
Property Identification: The subject has been identified by the legal description and
the assessors' parcel number.
Inspection: A limited on site inspection was made and photographs
were taken.
Market Area and Analysis of
Market Conditions:
A complete analysis of market conditions has been made.
The appraiser maintains and has access to comprehensive
databases for this market area and has reviewed the market
for sales and listings relevant to this analysis.
Highest and Best Use Analysis:
A complete as vacant highest and best use analysis for the
subject has been made. Physically possible, legally
permissible, and financially feasible uses were considered,
and the maximally productive use was concluded.
Valuation Analyses
Cost Approach:
A cost approach was not applied as there are no
improvements that contribute value to the property.
Sales Comparison Approach:
A sales approach was applied as typically this is the most
appropriate approach for the valuation of vacant land. This
approach is applicable to the subject because there is an
active market for similar properties and sufficient sales data
is available for analysis.
Income Approach:
An income approach was not applied as the subject is not
likely to generate rental income as vacant land.
Hypothetical Conditions: None.
Extraordinary Assumptions: None.
Comments
The individual sections of the report detail the additional research, confirmation, and
analysis of relevant data.
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Packet Pg. 888 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SITE ANALYSIS
Page 5
PROPERTY DESCRIPTION AND ANALYSIS
SITE ANALYSIS
The following description is based on our property inspection and public records.
Parcel ID Gross Land Area
(Acres)
Gross Land Area
(Sq Ft)
38846120006 2.73 118,800
Land Summary
SITE
Location: The subject is located within Golden Gate Estates Unit No. 42 in an
area known as Panther Walk Preserve.
Current Use of the Property: Vacant residential parcel
Shape: The site is roughly rectangular.
Road Frontage/Access:
The subject property has average access with frontage as follows:
• 64th Avenue NE: 180 feet
The site has an average depth of 660 feet. It is not a corner lot.
Topography: The Panther Walk Preserve area contains high quality cypress
wetlands and is part of the Horsepen Slough.
Soil Conditions: We were not provided with a soils report for the purpose of this
appraisal. We are not experts in soils analysis; however, the soil
conditions observed at the subject appear to be typical of the region
and adequate to support development.
Utilities:
Electricity: FP&L
Sewer: None
Water: None
Adequacy: The subject's utilities are typical and adequate for the
market area.
Flood Zone: The subject is located in FEMA flood zone AH, which is classified
as a flood hazard area.
FEMA Map Number: 12021C 0235H
FEMA Map Date: May 16, 2012
The subject is in a flood zone. The appraiser is not an expert in this
matter and is reporting data from FEMA maps.
Environmental Issues: The site was determined to be wetlands according to a March 2016
FDEP Informal Wetland Determination. According to the FDEP
Geographic Information Systems (GIS), the entire parcel consists of
Freshwater Forested/Shrub Wetland. According to Conservation
Collier observations, the site is a Cypress swamp.
Encumbrance / Easements: A current title report was not provided for the purpose of this
appraisal. We are not aware of any easement, restrictions, or
encumbrances that would adversely affect value. Therefore, our
valuation assumes the subject has a clear and marketable title with
no adverse easement, restrictions, or encumbrances.
16.C.6.c
Packet Pg. 889 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SITE ANALYSIS
Page 6
ZONING
Zoning Code E - Estates
Zoning Authority Collier County
Permitted Uses Includes single-family dwellings, family care facilities
(subject to section 5.05.04), essential services (as set forth
in section 2.01.03), and schools, public, including
educational plants.
Current Use Legally Conforming The subject is legal and conforming use.
Minimum Lot Area (SF) 2.25 acres
Minimum Floor Area (SF) 1,000
Minimum Street Frontage (Feet) 150
Front Set Back Distance (Feet) 75
Rear Set Back Distance (Feet) 75
Side Yard Distance (Feet) 30 feet; 37.5 feet for corner lots along longest side
Maximum Density/FAR One dwelling units per 2.25 acres
Maximum Building Height (Feet) 30
Aerial
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Packet Pg. 890 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SITE ANALYSIS
Page 7
FDEP Map Direct GIS
Subject
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Packet Pg. 891 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SITE ANALYSIS
Page 8
Site Photographs
64th Avenue NE – Easterly
(Photo Taken on June 5, 2022)
64th Avenue NE – Westerly
(Photo Taken on June 5, 2022)
16.C.6.c
Packet Pg. 892 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SITE ANALYSIS
Page 9
Site Photographs
Typical Site View from 64th Avenue NE – Northerly
(Photo Taken on June 5, 2022)
Typical Site View from 64th Avenue NE – Northeasterly
(Photo Taken on June 5, 2022)
16.C.6.c
Packet Pg. 893 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS REAL ESTATE TAXES AND ASSESSMENTS
Page 10
REAL ESTATE TAXES AND ASSESSMENTS
The property tax identification number and assessed value of the property for tax year
2021 are as follows:
ASSESSED VALUES
Tax Identification Number 38846120006
Land Assessed Value $39,585
Building Assessed Value $0
10% Assessment Cap -$26,125
Total Assessed Value $13,460
Total Assessment per Land Acre $4,935
Rates, Taxes, More
Tax Rate 1.37%
Ad Valorem Tax Amount $312
Special Assessment Amount $0
Special Assessment Comments None
Total Tax Liability $312
Property Tax Comments The 2020 and 2021 taxes have been paid. The
School Board millage is applied to the uncapped
assessed value.
The tax assessment for subject property is currently $4,935 per acre, or $14,515 per acre
excluding the assessment cap. Based on our valuation analysis, the subject’s assessment
appears low.
16.C.6.c
Packet Pg. 894 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS HIGHEST AND BEST USE
Page 11
HIGHEST AND BEST USE
Highest and Best Use As Vacant
Conservation or single-family development is concluded to be the maximally productive
and highest and best use of the site.
Highest and Best Use as Improved
No improvements are situated on the site. Therefore, a highest and best analysis as
improved is not applicable.
Most Probable Buyer
Considering the size and location of the property, the most probable buyer of an
individual parcel is an owner-user or builder for single-family development or wetland
mitigation.
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Packet Pg. 895 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SALES COMPARISON APPROACH
Page 12
SALES COMPARISON APPROACH
I have researched six comparables for this analysis; these are documented on the
following pages followed by a location map and analysis grid. All sales have been
researched through numerous sources, inspected and verified by a party to the
transaction. For this analysis, we use the price per acre as the appropriate unit of
comparison because market participants typically compare sale prices and property
values on this basis.
Comparables Map
1
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Packet Pg. 896 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SALES COMPARISON APPROACH
Page 13
Name
Address
City
Date
Price
Acres
Acre Unit Price
Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%
Financing Cash to seller 0.0%Cash to seller 0.0%Cash to seller 0.0%Cash to seller 0.0%Cash to seller 0.0%Cash to seller 0.0%
Conditions of Sale Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%
Market Trends Through 6/5/2022 30.0%
Location
% Adjustment
$ Adjustment
Acres
% Adjustment
$ Adjustment
Environmental Issues
% Adjustment
$ Adjustment
Shape
% Adjustment
$ Adjustment
Zoning
% Adjustment
$ Adjustment
Net Adjustments
Gross Adjustments 30.0%10.0%
4/8/20226/5/2022 4/15/2022
$48,000
0.0%
-5%
$46,422
0%
$0
Rectangular
$0
0%
$0
$0
0%
$0
$37,736
Similar
$37,736
$43,860
1.59
0%
$40,374
Similar
0%
-5%
$0
$21,686
1.59
$20,167
2.73
7.0%
3/3/2022
52nd Ave NE
Comp 6
7.5%
$55,000
Naples
1.14
57% wetlands
(Middle)
66th Ave NE
Residential
66th Ave NE3275 68th Ave NE
$43,860
2/24/2022
$20,167
5.8%
$60,000
52nd Ave NE
$50,000
Naples
3/18/2022
0%
Approx 30%
wetlands (Front)
0%
-$10,445
0%
Naples
1.14
Similar
-$2,019
-5%
-$4,642
95% wetlands
$0
-$2,089
Rectangular
-$2,321
-10%-25%0%
Comp 3
Similar
0%
98% wetlands
$0
$0
Residential
0%
Residential
$0
$0
Residential
$41,780
1.14
0%
$21,120
Panther Walk Parcels
Land Analysis Grid Comp 1 Comp 4
3275 68th Ave NE
Comp 5
58th Ave NE
Naples
3290 70th Ave NE 72nd Ave NE
3290 70th Ave NE
Comp 2
Naples
64th Avenue NE 72nd Ave NE
NaplesNaples
$39,474
1.14
58th Ave NE
2.73
3/18/2022
$45,000$58,750
2.73
$21,542
2.27
$21,120
Fee Simple
Transaction Adjustments
Adjusted Acre Unit Price $21,542 $39,474
2.73
$0
0%
3.7%
$0
2.73
0%
Similar
4.3%
$22,019
0%
Adjusted Acre Unit Price $22,347
Average Similar
Approximately 100%
2.27
$0
$0
Rectangular Rectangular
0%
$0
Rectangular
Residential
$0
0%
$0
Adjusted Acre Unit Price
-30.0%
0.0%30.0%
0.0%
$0
-$10,093
-10%-25%
35% wetlands
(Middle)
$0
Rectangular
Residential
0%
Rectangular
Residential
$0$0
$0
2.73
0%
0%
45% wetlands
(Front)
-$2,169
0%
5.8%
0%0%
-10.0%
$22,347 $19,517$39,459$29,246
-30.0%
$28,262
0.0%
$22,019
-15.0%
15.0%
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Packet Pg. 897 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SALES COMPARISON APPROACH
Page 14
Comparable Land Sale Adjustments
Property Rights
All of the comparables transferred in fee simple interest; therefore, no adjustments for
property rights are required.
Financing
All of the comparable sales had market orientated financing or were cash transactions;
therefore, no adjustments for financing are required.
Conditions of Sale
All of the comparable sales were arm’s length transactions; therefore, no adjustments for
conditions of sale are required.
Economic Trends
The following graph shows comparable residential land sales within the surrounding
market area within the past six months.
The graph indicates a significant upward trend in sales prices since December 2021
through the current date. However, it is noted this is unadjusted raw data and does n ot
relate directly to the subject.
The following table summarizes single family metrics within the subject's East Naples
market area. East Naples is defined by NABOR as Zip Codes 34114, 34117, 34120,
34137 which consists generally of properties east of Collier Boulevard.
16.C.6.c
Packet Pg. 898 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SALES COMPARISON APPROACH
Page 15
As shown, the median closed price has increased 29.6% April 2022 year to date. The
average sales price increased 44.0% year to date. However, it is noted this is unadjusted
raw data and does not relate directly to the subject.
Based on the previous analysis and considering the increased demand for residential
property in Southwest Florida, we have applied a 30.0% annual adjustment.
Location
The comparable sales are located within the immediate vicinity of Golden Gate Estates.
No adjustments for location area required.
Size
Size and price per acre are typically inversely related; therefore Comparables 3, 4, and 5
are adjusted downward for their smaller size.
Environmental Issues
The subject parcel is located within the Panther Walk Preserve area. The site was
determined to be wetlands according to a March 2016 FDEP Informal Wetland
Determination. According to the FDEP Geographic Information Systems (GIS), the entire
parcel consists of Freshwater Forested/Shrub Wetland. According to Conservation Collier
observations, the site is a Cypress swamp.
The comparable properties are all impacted by wetlands to varying degrees and adjusted
appropriately.
Configuration
All of the comparables are relatively similar in terms of configuration; therefore, no
adjustments are required.
Zoning
All of the comparables are similar in terms of zoning; therefore, no adjustments are
required.
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Packet Pg. 899 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS SALES COMPARISON APPROACH
Page 16
Sales Comparison Approach Conclusion
All of the value indications have been considered, and in the final analysis, Comparables
1, 2, and 6 have been given most weight in arriving at my final reconciled per acre value
of $23,000.
6 % Δ
-3.22%
-10.03%
-12.53%
Reconciled Final Value:
Reconciled Value/Unit Value:
Indicated Value:
$23,000
2.727
$62,727
$63,000
Land Value Ranges & Reconciled Values
Subject Size:
High:
Average:
Low:
Number of Comparables:Unadjusted Adjusted
$19,517
$39,459
$26,808
$43,860
$30,650
$20,167
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Packet Pg. 900 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS RECONCILIATION
Page 17
RECONCILIATION
The process of reconciliation involves the analysis of each approach to value. The
quantity and quality of data applied the significance of each approach as it relates to
market behavior and defensibility of each approach are considered and weighed. Finally,
each is considered separately and comparatively with each other. As discussed
previously, we use only the sales comparison approach in developing an opinion of value
for the subject. The cost and income approaches are not applicable, and are not used.
FINAL VALUE CONCLUSION
Based on the data and analyses developed in this appraisal, I have reconciled to the
following value conclusion(s), as of June 5, 2022, subject to the Limiting Conditions and
Assumptions of this appraisal.
VALUE CONCLUSIONS
Appraisal Premise Interest Appraised Date of Value Value Conclusion
Market Value, As Is Fee Simple June 5, 2022 $63,000
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: None.
Extraordinary Assumptions: None.
Exposure and Marketing Times
Exposure time is always presumed to precede the effective date of the appraisal and is the
length of time the subject property would have been exposed for sale in the market had it
sold on the effective valuation date at the concluded market value. Marketing time is an
estimate of the amount of time it might take to sell a property at the estimated market
value immediately following the effective date of value.
Based on our review of recent sales transactions for similar properties and our analysis of
supply and demand in the local market it is our opinion that the probable marketing and
exposure time for the property is 6-12 months.
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Packet Pg. 901 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS CERTIFICATION
Page 18
CERTIFICATION
I certify that, to the best of my knowledge and belief:
1. The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, unbiased professional
analyses, opinions and conclusions.
3. I have no present or prospective interest in the property that is the subject of this
report, and have no personal interest with respect to the parties involved.
4. I have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
5. Our engagement in this assignment was not contingent upon developing or
reporting predetermined results.
6. Our compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors
the cause of the client, the amount of the value opinion, the attainment of a
stipulated result, or the occurrence of a subsequent event directly related to the
intended use of this appraisal.
7. The reported analyses, opinions, and conclusions were developed, and this report
has been prepared, in conformity with the requirements of the Code of Professional
Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute.
8. My reported analyses, opinions, and conclusions were developed, and this report
has been prepared, in conformity with the Uniform Standards of Professional
Appraisal Practice
9. The use of this report is subject to the requirements of the Appraisal Institute
relating to review by its duly authorized representatives.
10. Rachel M. Zucchi, MAI, CCIM has made an inspection of the subject property.
11. No one provided significant real property appraisal assistance to the person signing
this certification.
12. We have experience in appraising properties similar to the subject and are in
compliance with the Competency Rule of USPAP.
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Packet Pg. 902 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS
Page 19
13. This appraisal is not based on a requested minimum valuation, a specific valuation,
or the approval of a loan.
14. We have not relied on unsupported conclusions relating to characteristics such as
race, color, religion, national origin, gender, marital status, familial status, age,
receipt of public assistance income, handicap, or an unsupported conclusion that
homogeneity of such characteristics is necessary to maximize value.
15. Rachel M. Zucchi, MAI, CCIM has not performed any services, as an appraiser or
in any other capacity, regarding the property that is the subject of this report within
the three-year period immediately preceding acceptance of this assignment.
16. As of the date of this report, Rachel M. Zucchi, MAI, CCIM has completed the
continuing education program for Designated Members of the Appraisal Institute.
Rachel M. Zucchi, MAI, CCIM
Florida State-Certified General Real Estate Appraiser RZ2984
rzucchi@rklac.com; Phone 239-596-0801
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Packet Pg. 903 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ASSUMPTIONS AND LIMITING CONDITIONS
Page 20
ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal is based on the following assumptions, except as otherwise noted in the
report.
1. The title is marketable and free and clear of all liens, encumbrances,
encroachments, easements and restrictions. The property is under responsible
ownership and competent management and is available for its highest and best
use.
2. There are no existing judgments or pending or threatened litigation that could
affect the value of the property.
3. There are no hidden or undisclosed conditions of the land or of the improvements
that would render the property more or less valuable. Furthermore, there is no
asbestos in the property.
4. The revenue stamps placed on any deed referenced herein to indicate the sale
price are in correct relation to the actual dollar amount of the transaction.
5. The property is in compliance with all applicable building, environmental, zoning,
and other federal, state and local laws, regulations and codes.
6. The information furnished by others is believed to be reliable, but no warranty is
given for its accuracy.
This appraisal is subject to the following limiting conditions, except as otherwise
noted in the report.
1. An appraisal is inherently subjective and represents our opinion as to the value of
the property appraised.
2. The conclusions stated in our appraisal apply only as of the effective date of the
appraisal, and no representation is made as to the effect of subsequent events.
3. No changes in any federal, state or local laws, regulations or codes (including,
without limitation, the Internal Revenue Code) are anticipated.
4. No environmental impact studies were either requested or made in conjunction
with this appraisal, and we reserve the right to revise or rescind any of the value
opinions based upon any subsequent environmental impact studies. If any
environmental impact statement is required by law, the appraisal assumes that
such statement will be favorable and will be approved by the appropriate
regulatory bodies.
5. Unless otherwise agreed to in writing, we are not required to give testimony,
respond to any subpoena or attend any court, governmental or other hearing with
reference to the property without compensation relative to such additional
employment.
6. We have made no survey of the property and assume no responsibilit y in
connection with such matters. Any sketch or survey of the property included in
this report is for illustrative purposes only and should not be considered to be
16.C.6.c
Packet Pg. 904 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ASSUMPTIONS AND LIMITING CONDITIONS
Page 21
scaled accurately for size. The appraisal covers the property as described in this
report, and the areas and dimensions set forth are assumed to be correct.
7. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if
any, and we have assumed that the property is not subject to surface entry for the
exploration or removal of such materials, unless otherwise noted in our appraisal.
8. We accept no responsibility for considerations requiring expertise in other fields.
Such considerations include, but are not limited to, legal descriptions and other
legal matters such as legal title, geologic considerations such as soils and seismic
stability, and civil, mechanical, electrical, structural and other engineering and
environmental matters.
9. The distribution of the total valuation in the report between land and
improvements applies only under the reported highest and best use of the
property. The allocations of value for land and improvements must not be used in
conjunction with any other appraisal and are invalid if so used. The appraisal
report shall be considered only in its entirety. No part of the appraisal report shall
be utilized separately or out of context.
10. Neither all nor any part of the contents of this report (especially any conclusions
as to value, the identity of the appraisers, or any reference to the Appraisal
Institute) shall be disseminated through advertising media, public relations media,
news media or any other means of communication (including without limitation
prospectuses, private offering memoranda and other offering material provided to
prospective investors) without the prior written consent of the person signing the
report.
11. Information, estimates and opinions contained in the report, obtained from third-
party sources are assumed to be reliable and have not been independently verified.
12. Any income and expense estimates contained in the appraisal report are used only
for the purpose of estimating value and do not constitute predictions of future
operating results.
13. If the property is subject to one or more leases, any estimate of residual value
contained in the appraisal may be particularly affected by significant changes in
the condition of the economy, of the real estate industry, or of the appraised
property at the time these leases expire or otherwise terminate.
14. No consideration has been given to personal property located on the premises or
to the cost of moving or relocating such personal property; only the real property
has been considered.
15. The current purchasing power of the dollar is the basis for the value stated in our
appraisal; we have assumed that no extreme fluctuations in economic cycles will
occur.
16. The value found herein is subject to these and to any other assumptions or
conditions set forth in the body of this report but which may have been omitted
from this list of Assumptions and Limiting Conditions.
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Packet Pg. 905 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ASSUMPTIONS AND LIMITING CONDITIONS
Page 22
17. The analyses contained in the report necessarily incorporate numerous estimates
and assumptions regarding property performance, general and local business and
economic conditions, the absence of material changes in the competitive
environment and other matters. Some estimates or assumptions, however,
inevitably will not materialize, and unanticipated events and circumstances may
occur; therefore, actual results achieved during the period covered by our analysis
will vary from our estimates, and the variations may be material.
18. The Americans with Disabilities Act (ADA) became effective January 26, 1992.
We have not made a specific survey or analysis of any property to determine
whether the physical aspects of the improvements meet the ADA accessibility
guidelines. In as much as compliance matches each owner’s financial ability with
the cost to cure the non-conforming physical characteristics of a property, we
cannot comment on compliance to ADA. Given that compliance can change with
each owner’s financial ability to cure non-accessibility, the value of the subject
does not consider possible non-compliance. A specific study of both the owner’s
financial ability and the cost to cure any deficiencies would be needed for the
Department of Justice to determine compliance.
19. The appraisal report is prepared for the exclusive benefit of the Client, its
subsidiaries and/or affiliates. It may not be used or relied upon by any other party.
All parties who use or rely upon any information in the report without our written
consent do so at their own risk.
20. No studies have been provided to us indicating the presence or absence of
hazardous materials on the subject property or in the improvements, and our
valuation is predicated upon the assumption that the subject property is free and
clear of any environment hazards including, without limitation, hazardous wastes,
toxic substances and mold. No representations or warranties are made regarding
the environmental condition of the subject property and the person signing the
report shall not be responsible for any such environmental conditions that do exist
or for any engineering or testing that might be required to discover whether such
conditions exist. Because we are not experts in the field of environmental
conditions, the appraisal report cannot be considered as an environmental
assessment of the subject property.
21. The person signing the report may have reviewed available flood maps and may
have noted in the appraisal report whether the subject property is located in an
identified Special Flood Hazard Area. We are not qualified to detect such areas
and therefore do not guarantee such determinations. The presence of flood plain
areas and/or wetlands may affect the value of the property, and the value
conclusion is predicated on the assumption that wetlands are non-existent or
minimal.
22. RKL Appraisal and Consulting, PLC is not a building or environmental inspector.
RKL Appraisal and Consulting, PLC does not guarantee that the subject property
is free of defects or environmental problems. Mold may be present in the subject
property and a professional inspection is recommended.
16.C.6.c
Packet Pg. 906 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ASSUMPTIONS AND LIMITING CONDITIONS
Page 23
23. The appraisal report and value conclusion for an appraisal assumes the
satisfactory completion of construction, repairs or alterations in a workmanlike
manner.
24. The intended use of the appraisal is stated in the General Information section of
the report. The use of the appraisal report by anyone other than the Client is
prohibited except as otherwise provided. Accordingly, the appraisal report is
addressed to and shall be solely for the Client’s use and benefit unless we provide
our prior written consent. We expressly reserve the unrestricted right to withhold
our consent to your disclosure of the appraisal report (or any part thereof
including, without limitation, conclusions of value and our identity), to any third
parties. Stated again for clarification, unless our prior written consent is obtained,
no third party may rely on the appraisal report (even if their reliance was
foreseeable).
25. All prospective value estimates presented in this report are estimates and forecasts
which are prospective in nature and are subject to considerable risk and
uncertainty. In addition to the contingencies noted in the preceding paragraph,
several events may occur that could substantially alter the outcome of our
estimates such as, but not limited to changes in the economy, interest rates, and
capitalization rates, behavior of consumers, investors and lenders, fire and other
physical destruction, changes in title or conveyances of easements and deed
restrictions, etc. It is assumed that conditions reasonably foreseeable at the present
time are consistent or similar with the future.
16.C.6.c
Packet Pg. 907 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDA - APPRAISER QUALIFICATIONS
ADDENDA
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Packet Pg. 908 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM A - APPRAISER QUALIFICATIONS
ADDENDUM A
APPRAISER QUALIFICATIONS
16.C.6.c
Packet Pg. 909 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM A - APPRAISER QUALIFICATIONS
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
RKL Appraisal and Consulting, PLC
COMPANY PROFILE:
RKL Appraisal and Consulting, PLC was founded in 2009 by three designated Members
of the Appraisal Institute. It is our mission to maximize our combined appraisal
experience to provide our clients with the highest quality of Real Estate Appraisal and
Consulting Services.
Rachel M. Zucchi, MAI, CCIM K.C. Lowry, MAI, CPA Louis C. Bobbitt, MAI
Partner / Managing Director Partner Senior Partner (Retired)
rzucchi@rklac.com klowry@rklac.com lbobbitt@rklac.com
BUSINESS FOCUS:
Practice is focused on community/neighborhood shopping centers, retail and office
buildings, industrial warehouse/distribution buildings, residential and commercial
condominium and subdivision projects, hotels and motels, vacant land and special
purpose properties. Specialized services include appraisal review, business valuations,
market feasibility studies, acquisition/disposition counseling, and litigation support in
connection with real estate transactions including bankruptcy, eminent domain, estate
valuations, and matrimonial and equitable distribution. Clients served include banks and
financial institutions, developers and investors, law firms, government, and property
owners.
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Packet Pg. 910 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM A - APPRAISER QUALIFICATIONS
PROFESSIONAL QUALIFICATIONS OF
Rachel M. Zucchi, MAI, CCIM
EXPERIENCE: Partner / Managing Director of RKL Appraisal and Consulting, PLC
Naples, FL (2009 – Present)
President of D&R Realty Group, Inc.
Naples, FL (2009 – Present)
Senior Real Estate Analyst, Integra Realty Resources – Southwest Florida
Naples, FL (2003 – 2009)
Research Associate, Integra Realty Resources – Southwest Florida
Naples, FL (2002-2003)
PROFESSIONAL
ACTIVITIES:
Member:
President:
VP/Secretary/Treasurer:
Region X Representative:
Board of Directors:
Gov. Relations Committee:
LDAC Attendee:
Member:
Member:
Licensed:
Licensed:
Appraisal Institute – MAI Certificate Number 451177
Appraisal Institute Florida Gulf Coast Chapter (2020)
Appraisal Institute Florida Gulf Coast Chapter (2017 - 2019)
Appraisal Institute Florida Gulf Coast Chapter (2017 - 2021)
Appraisal Institute Florida Gulf Coast Chapter (2015 - 2021)
Appraisal Institute National (2022)
Leadership Development & Advisory Council
Appraisal Institute - Washington, D.C. (2016, 2017, 2018)
CCIM Institute - CCIM Designation Pin Number 21042
Naples Area Board of REALTORS
Florida State Certified General Real Estate Appraiser
License No. RZ 2984
Real Estate Broker (Florida)
License No. BK3077672
EXPERT WITNESS: Qualified as an expert witness in the Twentieth Judicial Circuit Court of Collier County
and Lee County
EDUCATION: Bachelor of Arts, Major in Economics
Florida Gulf Coast University, 2002
Graduated Magna Cum Laude
Presented at Eastern Economic Association Conference
Successfully completed real estate and valuation courses and seminars sponsored by the
Appraisal Institute and others.
BUSINESS FOCUS: Actively engaged in real estate valuation and consulting since 2003. Practice is focused on
community/neighborhood shopping centers, retail and office buildings, industrial
warehouse/distribution, multi-family and single-family subdivisions, condominium
developments, hotels/motels, vacant land and special purpose properties. Specialized
services include market feasibility studies and litigation support in connection with real
estate transactions. Clients served include banks and financial institutions, developers and
investors, law firms, government, and property owners. Valuations have been performed for
eminent domain, bankruptcy, estate, matrimonial/equitable distribution, financing, and due
diligence support.
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Packet Pg. 911 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM A - APPRAISER QUALIFICATIONS
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Packet Pg. 912 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM B - PROPERTY INFORMATION
ADDENDUM B
PROPERTY INFORMATION
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Packet Pg. 913 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
$ 0
$ 0
$ 39,585
$ 0
$ 39,585
$ 26,125
$ 13,460
$ 39,585
$ 13,460
Collier County Proper ty AppraiserProperty Summar y
Parcel No 38846120006 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34120
Name / Address GROSSMAN TR, BARRY L
BARRY L GROSSMAN REV/LIV/TRUST
UTD 12/19/00
3449 CRAIG RD
City ANN ARBOR State MI Zip 48103-1709
Map No.Strap No.Section Township Range Acres *Estimated
2D31 340000 73 22D31 31 47 28 2.73
Legal GOLDEN GATE EST UNIT 42 E 180FT OF TR 73 OR 608 PG 100
Millage Area 17 Millage Rates *Calculations
Sub./Condo 340000 - GOLDEN GATE EST UNIT 42 School Other Total
Use Code 0 - VACANT RESIDENTIAL 4.889 8.7793 13.6683
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
08/20/04 3629-1536
12/01/74 608-100
2021 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) 10% Cap
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after theFinal Tax Roll
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Packet Pg. 914 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
Collier County Proper ty AppraiserProperty Detail
Parcel No 38846120006 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34120
Name / Address GROSSMAN TR, BARRY L
BARRY L GROSSMAN REV/LIV/TRUST
UTD 12/19/00
3449 CRAIG RD
City ANN ARBOR State MI Zip 48103-1709
Permits (Provided for reference purposes only. *Full Disclaimer. )
TaxYr Issuer Permit #CO Date Tmp CO Final Bldg Type
Land
#Calc Code Units
10 ACREAGE 2.73
Building/Extra Features
#YearBuilt Description Area AdjArea
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Packet Pg. 915 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
16.C.6.c
Packet Pg. 916 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM C - COMPARABLE DATA
ADDENDUM C
COMPARABLE DATA
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Packet Pg. 917 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM C - COMPARABLE DATA
ID 6334 Date 4/15/2022
Address 3290 70th Ave NE Price $58,750
City Naples Price per Acre $21,542
State Florida Financing Cash to seller
Tax ID 39083360000 Property Rights Fee Simple
Grantor Jason Tidwell Days on Market 73 days
Grantee Chuong A. Ngo and Lien
N. Nguyen
Verification Source Natalie Perez Benitoa;
Marzucco Real Estate
Legal Description
Acres 2.73 Utilities Well, Septic
Land SF 118,800 Topography Treed
Road Frontage 180 Zoning Residential
Depth 660 Zoning Type E - Estates
Shape Rectangular Environmental Issues 98% wetlands
Golden Gate Estates Unit No. 46, East 180' of Tract 29
Land Comparable 1
Transaction
Site
180' x 660' treed lot located along south side of 70th Avenue NE. Feb 2022 DEP report shows 2.67 acres of
the lot is wetlands with only 0.06 acres of uplands along 70th Ave NE. Listed in Jan 2022 for $110,000 and
reduced to $80,000 in Feb. 2022.
Comments
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Packet Pg. 918 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM C - COMPARABLE DATA
ID 6336 Date 4/8/2022
Address 72nd Ave NE Price $48,000
City Naples Price per Acre $21,120
State Florida Financing Cash to seller
Tax ID 39085320006 Property Rights Fee Simple
Grantor Ronald Stewart Days on Market 12 days
Grantee Vanthuy, Alison, and
Ryan Lieu
Verification Source Paul Vacco; BHHS Florida
Realty
Legal Description
Acres 2.27 Utilities Well, Septic
Land SF 99,000 Topography Heavily Treed
Road Frontage 150 Zoning Residential
Depth 660 Zoning Type E - Estates
Shape Rectangular Environmental Issues 95% wetlands
Golden Gate Estates Unit No. 46, East 150' of Tract 49
150' x 660' heavily treed lot located along north side of 72nd Avenue NE. Feb 2022 DEP report shows 2.16
acres of the lot is wetlands with 0.11 acres of uplands along 72nd Ave NE. Listed in Feb 2022 for $55,000.
Land Comparable 2
Comments
Site
Transaction
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Packet Pg. 919 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM C - COMPARABLE DATA
ID 6337 Date 3/18/2022
Address 58th Ave NE Price $45,000
City Naples Price per Acre $39,474
State Florida Financing Cash to seller
Tax ID 38848280009 Property Rights Fee Simple
Grantor Charles E. Anderson, Jr
and Linda Anderson
Days on Market 1 year
Grantee Jorge Armando Grizalez
Martinez and Fressia
Grizalez
Verification Source Liz Appling; Royal Shell
Real Estate
Legal Description
Acres 1.14 Utilities Well, Septic
Land SF 49,500 Topography Heavily Treed
Road Frontage 75 Zoning Residential
Depth 660 Zoning Type E - Estates
Shape Rectangular Environmental Issues Approx 30% wetlands
Golden Gate Estates Unit No. 42, West 75' of Tract 95
Transaction
Land Comparable 3
75' x 660' heavily treed lot located along north side of 58th Avenue NE. Informal wetland determination dated
March 2021 shows approximately 30% wetlands in the southern (front) portion of the site. Listed in Feb 2021
for $49,000.
Site
Comments
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Packet Pg. 920 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM C - COMPARABLE DATA
ID 6338 Date 3/18/2022
Address 3275 68th Ave NE Price $50,000
City Naples Price per Acre $43,860
State Florida Financing Cash to seller
Tax ID 39083240007 Property Rights Fee Simple
Grantor Marla E. Hernandez Days on Market 7-8 months
Grantee Oscar Castro Verification Source Edis Arevalo; Domain
Realty
Legal Description
Acres 1.14 Utilities Well, Septic
Land SF 49,500 Topography Heavily Treed
Road Frontage 75 Zoning Residential
Depth 660 Zoning Type E - Estates
Shape Rectangular Environmental Issues 57% wetlands (Middle)
Golden Gate Estates Unit No. 46, West 75' of East 180' of Tract 28
Comments
75' x 660' heavily treed lot located along north side of 68th Avenue NE. Informal wetland determination dated
July 2021 shows 0.65 acres of wetlands located in the central portion of the site approximately 100' north of
68th Ave NE. Listed in July 2021 for $62,700 and reduced in August 2021 to $59,900.
Site
Transaction
Land Comparable 4
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Packet Pg. 921 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM C - COMPARABLE DATA
ID 6339 Date 3/3/2022
Address 52nd Ave NE Price $60,000
City Naples Price per Acre $37,736
State Florida Financing Cash to seller
Tax ID 38961440001 Property Rights Fee Simple
Grantor Chris Krager and Julia
Bachand
Days on Market 8 days
Grantee Laurentiu and Michaela
Gherase
Verification Source Bill Duffy, Jr; Premier Plus
Realty
Legal Description
Acres 1.59 Utilities Well, Septic
Land SF 69,300 Topography Heavily Treed
Road Frontage 105 Zoning Residential
Depth 660 Zoning Type E - Estates
Shape Rectangular Environmental Issues 35% wetlands (Middle)
Golden Gate Estates Unit No. 44, West 105' of Tract 19
Land Comparable 5
Transaction
Site
105' x 660' heavily treed lot located along south side of 52nd Avenue NE. Informal wetland determination
dated Jan 2022 shows 0.55 acres of wetlands located in the central portion of the site approximately 150'
south of 52nd Ave NE. Listed in Jan 2022 for $75,000.
Comments
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Packet Pg. 922 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)
PANTHER WALK PARCELS ADDENDUM C - COMPARABLE DATA
ID 6341 Date 2/24/2022
Address 66th Ave NE Price $55,000
City Naples Price per Acre $20,167
State Florida Financing Cash to seller
Tax ID 39147120005 Property Rights Fee Simple
Grantor Durango Holding, LLC Days on Market 16 days
Grantee Julian Loredo Mancilla Verification Source Angel Herrero Fuentes;
Xclusive Homes LLC
Legal Description
Acres 2.73 Utilities Well, Septic
Land SF 118,800 Topography Heavily Treed
Road Frontage 180 Zoning Residential
Depth 660 Zoning Type E - Estates
Shape Rectangular Environmental Issues 45% wetlands (Front)
Golden Gate Estates Unit No. 47, East 180' of Tract 63
180' x 660' heavily treed lot located along north side of 66th Avenue NE. Informal wetland determination
dated November 2018 shows 1.22 acres of wetlands located in the front portion of the site. Listed in Feb
2022 for $59,900.
Site
Comments
Land Comparable 6
Transaction
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Packet Pg. 923 Attachment: Appraisal Report Grossman (23263 : Conservation Collier - Panther Walk Grossman)