CCLAAC Agenda 09/30/202226.A
09/30/2022
COLLIER COUNTY
Advisory Boards
Item Number: 26.A
Item Summary: Land Acquisition Advisory Committee - September 7, 2022
Meeting Date: 09/30/2022
Prepared by:
Title: — Parks & Recreation
Name: Kathlene Drew
09/12/2022 3:43 PM
Submitted by:
Title: Department Head Public Services Department
Name: Tanya Williams
09/12/2022 3:43 PM
Approved By:
Review:
Parks & Recreation Olema Edwards Division Director
Public Services Department Todd Henry Additional Reviewer
Communications, Government, and Public Affairs Michael Brownlee
Advisory Boards Michael Cox Meeting Pending
Completed 09/20/2022 4:35 PM
Completed 10/03/2022 2:36 PM
PAM Review Completed
09/30/2022 12:00 AM
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26.A.1
Collier CountyGoGovernmentN
Communications, Government & Public Affairs colliercountyfl.gov
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3299 Tamiami Trail E., Suite 102 twitter.com/CollierPIO
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Naples, Florida 34112-5746 facebook.com/CollierGov
youtube.com/CollierGov
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August 24, 2022
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FOR IMMEDIATE RELEASE
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Notice of Hybrid Remote Public Meeting
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Conservation Collier Land Acquisition Advisory Committee
Collier County, Florida
September 7, 2022
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1:00 pm
Notice is hereby given that the Conservation Collier Land Acquisition Advisory Committee (CCLAAC)
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will meet on Wednesday September 7, 2022, at 1:00 p.m. This will be a Hybrid Remote meeting and it
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will be held at the Board of County Commissioners Chambers, third floor, Building F, Collier County
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Government Center, 3299 Tamiami Trail East, Naples, Florida. Some of the Board Members may be
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appearing remotely, with staff present in person. The public may attend either remotely or in person.
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Individuals who would like to participate in person must complete and submit a speaker form prior to the
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beginning of the discussion about the item. Individuals who would like to participate remotely must
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complete and submit the online speaker registration form prior to the beginning of the discussion about the
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item.
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Individuals who would like to participate remotely should register in advance of the meeting at c
hgps://us02web.zoom.us/webinar/register/WN rvmtSY9LQzOpi3K LSehPw After registering, you will Z
receive a confirmation email containing information about joining the meeting. Remote participation is
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provided as a courtesy and is at the user's risk. The County is not responsible for technical issues.
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About the public meeting:
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Two or more members of the Collier County Board of County Commissioners may be present and may
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participate at the meeting. The subject matter of this meeting may be an item for discussion and action at a
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future meeting of those boards, councils or agencies.
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All interested parties are invited to attend, and to register to speak. All registered public speakers will be
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limited to three minutes unless changed by the chairman.
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Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying
activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board
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or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department.
Anyone who requires an auxiliary aid or service for effective communication, or oth
accommodations to participate in this proceeding, should contact the Collier County Facilities r Packet Pg. 489
Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-8380, as Q��E
possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations
provided at no cost to the individual.
For more information, call Summer Araque at (239) 252-2979 or email at
summer. araque(&,,colliercountyfl. gov
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AGENDA
CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
September 7, 2022, 1:00 P.M. N
Commission Boardroom
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W. Harmon Turner Building (Building "F"), Third Floor
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All interested parties are invited to attend, and to register to speak. Individuals who would like to participate in
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person must complete and submit a speaker form. Members of the public who would like to participate remotely,
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should register HERE to fill out the online speaker registration form. Remote participation is provided as a courtesy
and is at the user's risk. The County is not responsible for technical issues. Individuals who register online will
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receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For
additional information about the meeting, please call Summer Araque at (239) 252-2979 or email to:
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ConservationCollier@colliercountyfl.gov
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1. Roll Call
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A. Approval of CCLAAC Members attending the meeting remotely
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2. Approval of Agenda
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3. Approval of August 3, 2022, Meeting Minutes
4. Old Business
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A. Acquisition Cycle 10 Updates
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B. Acquisition Cycle 10 Purchase Agreements
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1. Panther Walk Preserve parcels
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a. Arnay
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b. Meyer Trust
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2. Dr. Robert H. Gore III Preserve parcel
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5. New Business
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A. Preserve Updates
B. Cycle 11B Initial Screening Criteria (ISC) reviews
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1. Owl Hammock
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2. Brewer
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3. Frank / Hothersall
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4. Rudolph Brothers
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5. Amirin
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6. Menendez / Fernandez
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7. Connection Investors Group — Mcllvane Marsh TPMA
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8. Relevant Radio — Mcllvane Marsh TPMA
9. Hoffman — North Belle Meade TPMA
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10. Dredge Management (f.k.a. Magdelaner) — Shell Island Preserve TPMA
11. English Trust — Pepper Ranch Preserve TPMA
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12. Dr. Robert H. Gore I I I TPMA — 4 parcels
6. Coordinator Communications
A. BCC Items — Summary of recent or upcoming agenda items
1. Committee Member application N
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2. Purchase Agreements ti
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B. Upcoming CCLAAC meetings
C. Miscellaneous Items
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7. Subcommittee Reports U)
A. Lands Evaluation & Management — Chair, Bill Poteet — last meeting April 21, 2022; meeting w
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scheduled for September 19, 2022 to address request by BCC to evaluate preserves to provide E
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more public access. 0
B. Outreach — Chair, Brittany Patterson -Weber — last meeting February 15, 2022 c
C. Ordinance Policy and Rules — Chair, Michele Lenhard - last meeting June 1, 2022
8. Chair and Committee Member Comments
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9. Public General Comments N
10. Staff Comments a
11. Next Meeting — October 5, 2022
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12. Adjourn _J
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Committee Members: Please notify Summer Araque at 252-2979 no later than noon Friday, September 2, 2022, 21
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if you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item.
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.August 3, 2022
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MINUTES OF THE CONSERVATION COLLIER LAND ACQUISITION
ADVISORY COMMITTEE MEETING
Naples, Florida., August 3, 2022
LET IT BE REMEMBERED, the Conservation Collier Land Acquisition Advisory
Committee in and for the County of Collier, having conducted business herein, met on this
date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3"' Floor,
Collier County Government Complex Naples, Florida with the following members
present:
CHAIRMAN:
VICE CHAIRMAN:
Bill Poteet
Michele Lenhard
Gary Bromley (via Zoom)
Brittany Patterson -Weber
David Corban
Karyn Allman
Ron Clark
Rhys Watkins
(Vacancy)
ALSO PRESENT: Summer Araque, Conservation Collier Program Coordinator
Sally Ashkar, Assistant County Attorney
Mitchell Barazowksi, Environmental Specialist
Melissa Hennig, Environmental Specialist
Molly DuVall, Sr. Environmental Specialist (via Zoom)
Christal Segura, Sr. Environmental Specialist (via Zoom)
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August 3, 2022
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1. Roll Cali o
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Chairman Poteet called the meeting to order at 1:00P.M. Doll call Was taken and a quorum was ti
established with 6 Members present in the Boardroon-i. CD
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A. Approval of CCLAAC Mein bers attending the meeting remotely �.
Ms. Lenhard moved to allow Mr..Brornley to attend the meeting remotely tine to an extraordinary y
circumstance. Second by Mr. Corban. Carried unanimously 6 — 0.
2. Approval of Agenda
NIs..Patterson-Weher moved to approve the Agenda subject to adding the Sales and Purchase
Agreements for the Sanchez Trust and Johnson applications as Items 5.A.I j and If. Second by Ms
Lenhard. Carried unanimously 7— 0.
3. Approval of Meeting Minutes
A. July 6, 2022, Regular CCLAAC Meeting
Ms. Lenhar•d nioved to approve the mirrtttes of t]te Jttljr 6, 2022 as presented. Second by AMr.
Corban. Carried un(tit into usly 7 — 0.
I1I1'. Watkins arrived crl 1: 05pin and a quorum of'8 tii?as achieved.
4. Coordinator Communications
A. Committee Member applieation(s) 04
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Mr. Araque reported there is a vacancy on the Committee and John Courtright, Louise Cromwell,
and Bernard Gallagher, Jr. filing the necessary applications for consideration to rill the seat. N
Ms. Araque provided an overview of their qualifications and the applicants spoke on their desires N
to be appointed to the Committee. M
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Ms. Lenhard moved to recommend the Board of County Commissioners appoint John Courtright �
to the Conservation Collier• Lrtnd Acgttisitiorr Advisory Coninzittee. Second by 1VIs. Patterson-- Q
Weber. Carried unanimously 8 — 0.
B. Introduce New Staff
Ms. Araque introduced new Staff Members Cliff Machr, Environmental Specialist, David
Mitchell, Maintenance Specialist and FGCU Intern Grace McCoy.
C. BCC Items
Ms. Araque noted:
7/11/22 — 3 contracts for sale, the accelerated acquisition policy and the Pepper Ranch Camp Post
Agreement were approved.
Upcoming items include Panther Walk and Hussey parcel purchase agreements and the Prescribed
Burn Memorandum of Understanding.
D. Miscellaneous Items
None
5. New Business
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August 3, 2022
A. Acquisition Cycle 10 Purchase Agreements
The Committee recommended the acquisitions in one motion with ulaaDimous approval but are
indicated individually for recording purposes.
Panther Walk parcels
a. Aguilar
Ms. Araque presented the Executive Summary "Approve an Agreement fore &lle and
Purchase for 1.14 acres under the Conservation Collier Land Acquisition Pr'ogi'ar'n, at a
cost not to exceed $40, 700 (Aguilar) " for consideration.
Ms. Lenhard nioved to recommend the Board of County Commissioners approve an
Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land
Acquisition Program, tit a cost not to exceed $40,700 (Aguilar). Second by Mr. Corban.
Carried unanimously 8 — 0.
b. Behnke
Ms. Araque presented the Executive Sulnmaly "Approve an Agreement for (Sale and
Ptrrchase for 1.14 titres tinder the Conservation Collier Land Acquisition Program, at a
cost not to exceed $57, 800 (Behnite) " for consideration.
Ms. Lenhard moved to recommend the Board of'County Commissioners approve an
Agreementfor• Sale and Purchase for 1.14 acres under the Conservation. Collier Land
Acquisition Program, at a cost not to exceed $57,800 (Behnke). Second by Mr. Corban.
Carried unanimously 8 — 0.
c. Burns
Ms. Araque presented the Executive Summary "Approve an Agr'eernenl for• Sale and
Piirchase,for' 1.14 acres under the Conser'Vation Collier Land Acquisition Progran at a
cost not to exceed 530, 600 (Burns) " for consideration.
Ms. Lenhard moved to recommend the Board of CortnoJ Commissioners approve tin
Agreement for Sale and Purchase for 1.14 acres reader the Conservation Collier Land
Acquisition Program, at a cost not to exceed $30,600 (Burns)" for consideration (Burnes).
Second by Mr. Corban. Carried unanimously 8 — 0.
d. Joyce, D & J Naples Investors, LLC (2 parcels)
Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and
Purchase for 2 parcels totaling 3.41 acres tinder the Conservation Collier Land Acquisition
Progr'ain, at a cost not to exceed $93, 400 (Joyce/D & J Naples Investors LLC) " for
consideration.
Ms. Lenhard moved to reconnuend the Board of County Commissioners approve an
Agreement for Sale and Purchase for 2 parcels tootling 3.41 acres under the
Conservation Collier Land Acquisition Program, tit a cost not to exceed $93,400 (Joyee/D
& JNttples Investors LLC}. Second by Mr. Corban. Carried unanimously 8 — 0.
e. Ortega — Guasb
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August 3, 2022
Ms. Araque presented the Executive Summary `:Approve an Agreement for .Sale and
Purchase for 1. 14 acres under the Conservation Collier Land Acquisition Progr'ony, at a
cost not to exceed $30,600 (Ortego/Guasp)" For consideration.
Ms. Lenhard moved to recommend the Board of Conroy Commissioners approve an
Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $30,600 (OrtegalGuasp). Second by, Mr.
Corban. Carried un (in into usly 8 — A
f. Pena
Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and
Purchasefor 2,27 acres under the Conservation Collier Land Acquisition Progrcn ?, cat a
cost not to exceed $52, 700 (Pena) " for consideration.
Mr. Lenhard moved to recommend the Board of County Commissioners approve an
Agreement for Sale and Purchase for 2.27 acres under the Conservation Collier Land
Acquisition Program, tit a cost not to exceed $52, 700 (Pena). Second by Mr. Corban.
Carried unanimously 8 — 0.
g. Thominen
Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and
Purchase for 5.0 acres under the Conservation Collier .Land Acquisition Program, at a cost
not to exceed $101, 000 (Thommen) " for consideration.
Ms. Lenhard moved to recommend the Board of County Commissioners approve (tit
Agreement for Sale and Purchase for 5.0 acres under the Conservation Collier Land
Acquisition Program, (it a cost not to exceed $101,000 (Thoninien). Second by Mr.
Corban. Carried unaninious1j) 8 — 0.
h. Wright
Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and
Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $30,600 (Wright) " for consideration.
Ms. Lenhard moved to recommend the Board of County Commissioners approve urn
Agreementfor Sale and Purchase for 1.14 acres under the Conservation Collier Land
Acquisition Program, at rl cost not to exceed $30,600 (Wright). Second by Mr. Corban.
Carried unanimously 8 — 0.
i. Zhuang
Ms. Araque presented the Executive Summary "Approve an Agreernent,for Sale and
Purchase for 2,73 acres tinder the Conservation Collier Land Acquisition Program, at o
cost not to exceed $63, 800 (Zhuang) " for consideration.
Ms. Lenhard moved to recommend the Board of Cortno, Commissioners approve tin
Agreement for Sale final Purchase for 2.73 acres under the Conservation Collier Land
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Acquisition Program, at a cost not to exceed $63,800 (Zhuan.g). Second by Mr. Corban. i
Carried unanimously 8 — 0. N
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j. Ms. Araque presented the Executive Summary "Approve (in Agreement for .S'ale and d
Purchasefor 2.73 acres under the Conservation Collier Land Acquisition Program, cut a M
cost not to exceed $63,800 (Sanchez Trust) " for consideration.
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111s. Lenhard proved to recommend the Board of County Commissioners approve air
Agreement for Sale and Purchase for 2.73 acres under the Conservation Collier Lard r
Acquisition Program, at a cost not to exceed $63,800 (Sanchez Trust). Second by Mr.
Corban. Carried unanimously 8 --- 0. E
k. Ms. Araque presented the Executive Sun -unary Approve an Agreement for Sale and
Purchase for 1. 14 acres under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $30, 600 (Johnson) for consideration.
Nls. Lenhard moved to recommend the Board of County Commissioners approve an
Agreement for Sale and Purchase for 2.73 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $63,800 (Johnson). Second by Mr. Corban.
Carried unanimously 8 — 0.
B. Acquisition Cycle 10 Update LO
Ms. Araque provided the "Cycle 10 Active Acquisition List approved by BCC January 25, 2022 " M
for information purposes. She noted all owners of lands on the "A List" have been provided offers
to purchase their properties with the exception on Big Hammock Area 1. Those on the "B List" N
will be reconsidered for Cycle l I ranking today under item 7.C.12. N
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6. Subcommittee Reports
A. Lands Evaluation & Management — Chair, Bill Poteet — last meeting April 21, 2022; meeting 3
to be scheduled for August/September to address request by BCC to evaluate preserves. Also, a
need to schedule one for December or January for upcoming acquisitions.
Chairman Poteet reported a meeting will be scheduled for September to review Preserve
Management Plans. LM
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B. Outreach -- Chair, Brittany Patterson -Weber — Last Meeting February 15, 2022
None
C. Ordinance Policy and Rules — Chair, Michele Lenhard- last meeting June 1, 2022
None
7. New Business
A. Initial Criteria Screening Report (ICSR) reviews
1. S & B Properties — Marco Island TPMA
Ms. Hennig presented the "Conservation Collier Land Acquisition Progr•ain Jnitial Screening
Report for the S & B of Marco parcel. " The property is located at 841 Scott Dr. Marco Island,
0.5 acres in size, received a score of 230 out of 400 and has an estimated value of $403,000.
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2. South Terra Corp — Marco Island TPMA
Ms. Hennig presented the Conselvation Collier LandAcquisition Program Initial Screening
Report for the South Terra Corp parcel. " The property is located at 1125 Caxambas Dr.,
Marco Island, 0.56 acres in size, received a score of 253 out of 400 and has an estimated value
of $1,975,000. The estimated value is greater than the Agua Colina property as it has more
waterfront footage and there are no burial grounds associated with the parcel.
3. VanCleave — Rivers Road Preserve TPMA
Ms. Hennig presented the Conservation Collier Land Acquisition Program Initial Screening
Report for VanCleave parcel. It is located at 2065 Rivers Rd., Naples, 0.50 acres in size,
received a score of 173 out of 400 and has an estimated value of $35,000.
4. County Barn Land Trust -- County Barn Road TPMA
Ms. Hennig presented the Conservation Collier Land Acquisition Program Initial Screening
Report, for the County Barn Trust parcel. It is in Section 8, Township 50, Range 26, 5.0 acres
in size, received a score of 200 out of 400 and has an estimated value of $432,000.
5. Dr. Robert H. Gore III TPMA
Ms. Hennig presented the Conservation Collier Land Acquisition Program Initial Screening
Report for the Robert H. Gore, III Target Protection Mailing Area, The 262 parcels comprise
513.07 acres and received a score of 272 out of 400. There are 4 parcels to be considered in the
ranking process today: RF Berman Trust — 1.14 acres with an estimated value of $24,000;
Delsina Trigoura -1.14 acres with an estimated value of $24,000; Pedro Perez - 1.17 acres with
an estimated value of $25,000 and Donna Colon & Patricia Mack -- 2.27 acres with an estimated
value of $53,000.
6. Panther Walk TPMA
Mr. Barazowksi presented the Conservation Collier Land Acquisition Program Initial
Screening Report for the Panther- 1Valk Target Protection Mailing Area. The 167 parcels
comprise 425.18 acres and received a score of 262 out of 400. There are 5 parcels to be
considered in today's ranking process: Andrea Repola — 1.14 acres with an estimated value of
$45,000; RF Berman Revocable 'Trust - 1.17 acres with an estimated value $47,000; Maurice J
Vaz — 1.59 acres with an estimated value of $70,000; Patricia McGinnis — 1.14 acres with an
estimated value of $45,000 and William J and Martha Scalley -- 1.14 acres with an estimated
value of $45,000.
7. HHH Ranch TPMA
Mr. Barazowksi presented the Conservation Collier Land rlcquisilion Program Initial
Screening Report for the HHH Ranch Target Protection Allailing Area. The 41 parcels comprise
319.34 acres and received a score of 221 out of 400. There are 4 parcels to be considered in
today's ranking process: Robert Sponseller — 5 acres with an estimated value of $47,000; Mary
Scotti 8.74 acres with an estimated value of $61,000; Jonathan Geren 7.74 acres with an
estimated value of $55,000 and Michael Gutierrez — 4.88 acres with an estimated value of
$44,000,
Ms. Araque provided the Transportation Department's conceptual plans for roadway corridors
in the area. The future acquisition of any Conservation Collier lands will be at the purchase
price the program paid for the lands at the time of purchase. Any construction of roadways will
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require permitting where items such as .listed species, wildlife habitat, etc. will need to be N
addressed by the County. N
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8. Northern Golden Gate Estates Scrub TPMA m
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Mr. Bara;zowksi presented the Conservation Collier Land Acquisition Program Initial E
Screening Report for the North Golden Gate Estates Scrub Target Protection. -AlailingArea, �.
Bar•bar•cr Dorrrbroi-viski parcel. The parcel is 1.44 acres in size, received a score of 267 out of y
400 and has an estimated value of S38,000. '
B. Upcoming ISCs scheduled for September and October
Ms. Hennig provided the "Cycle 11 Properties — Aerial " for information purposes noting there will
be further ISC reviews conducted by the Committee for any applications riled by landowners.
Break: 2: 35prn
Reconvened: 2: l5prn
C. Cycle 11A Property Summary, Public Comments, and Ranking The Committee will be taking
Public Comments in advance of the Ranking. Public speakers may speak oil any or all of the
properties on the Cycle IIA Property list:
Ms. Araque provided the following documents to the Committee to assist in the ranking process:
• Cycle 11 Properties - Commission District, Cycle 11 Conservation Areas, Cycle I Aclive
Acquisition List to be Ranked by CCLAYIC, Cycle I I YVorking Analysis,
• Conservation Property Sunnnaries.
® Conservation Collier- Red AlIaple Sivainp Preserve Parcel Status 81312022
• Conservation Collier YVinchester Ilead Preserve Parcel,lIatus 81312022 N
® Conservation Collier Panther 1,Valk Preserve Parcel ,Stalus 81312022 N
• Conservation Collier Robert II Gore, II Parcel Status 81312022
• Conservation Collier Ranking Procedure, Cycle 9 - Decernber 9, 2021
• Cycle IIB Property Applicalions - 8-3-22 a
She noted, per Ordinance 2019-03 and the Ranking Procedure, the Committee will deem the
properties as an A, B, or C ranking. Any property placed on the "A List" will be prioritized with a
1, 2 or 3 designation. following the ranking process, action will be required by the Committee
endorsing their determinations.
Ms. Araque provided an overview of the properties to be considered including Staff
recommendations for ranking of the individual parcels and the Committee heard from public
speakers before the initiating the ranking process.
Speakers
Brad Cornell, Audubon of the Western Everglades agreed with the Staff s recommendation
except for the H C & I S Adams Trust which should be placed on the A List as it is in the CREW
Land Trust Acquisition Boundary and Big Hammock Area II which should also be on the A List as
its credit status as a Sending Area expires in 2028. He expressed concern the credits have not been
utilized ensuring it is not permanently protected for preservation.
Rich Blonna, Marco Island City Council noted the residents of Marco Island support the
County's conservation efforts and the parcels being considered provide opportunities to preserve
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August 3, 2022
wildlife habitat, enhance recreational and cultural values in the area and would be great public N
exposure for the Conservation Collier program. N
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Rosemary Tolliver (via Zoom), Audubon Eagle Watch agreed with Mr. Cornell's and Mr. CD
Blomia's comments. E
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Staff noted: vn
A determination will be made on any measures required to ensure City of Marco Island
requirements are suet before acquisition of any properties within their jurisdiction.
Projections indicate there will be $19M available for property acquisitions in Cycle 11.
They will consult with Zoning Department Staff to determine the status of the Sending Area
credits for the Big Hammock Area 11 property.
Following Staff presentations and public comments, the Members provided individual comments
on any properties they wish to discuss including the County Barn Land Trust, Big Hammock Area
It, H C & J S Adams Trust and Marco Island parcels. A straw poll was conducted to rank the
properties to determine if they should be placed on the A, B or C List for acquisition. Following
that process, those properties placed on the A List were reviewed to determine if they should be a 1,
2 or 3 priority for acquisition. The results are as follows:
1. H C & J S Adains Trust
The Committee deterrrrined the property should be placed on tyre B List.
2. Caracara Prairie Preserve Project (1 owner) E2
The Committee determined the property should be placed on the AI List. N
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3. County Barn Land Trust
The Committee determined the property should be placed on the B List. �
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4. Dr. Robert H Gore II Preserve Project (4 owners) a
RF Berman Trust 1.14 acres; Delsina Trigoura -1.14 acres; Pedro Perez - 1.17 acres; Donna �
Colon & Patricia Mack — 2.27 acres. a
The Committee determined all 4 properties should be placed on the A -I List. _y
5. HHH Ranch - Section 33 (4 owners)
Robert Sponseller -- 5 acres; Mary Scotti -- 8.74 acres; Jonathan Geren — 7.74 acres and Michael
Gutierrez-- 4.88 acres.
The Comxruttee determined all 4 properties should be placed on the A -I List.
6. Marco Island Parcels (4 owners)
Annecy Marco, LLC. -- 2.13 acres; Diane Chestnut — 0.53 acres; South Terra Corp. — 0.56 acres
and S & B Properties of Marco, LLC. 0.50 acres.
The Commidee determined the property should be placed on the A -I List.
7. Northern Golden Gate Estates Scrub (1 owner)
The Committee determined the proper6should be placed on the B List.
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S. Panther Walk Preserve Project (4 owners) N
Andrea Repola — 1.14 acres; RF Beeman Revocable Trust — 1.17 acres; Maurice J. Vaz— 1.59 ti
acres; Patricia McGinnis — 1.14 acres and William J and Martha Scalley — 1.14 acres. CD
The Committee determined the property should be placed on the A-1 List. E
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9. Rivers Road Preserve Project (1 owner) y
The Committee determined the property should be placed on the A-1 List. '
10. Multi -parcel Projects — Winchester Head and Red Maple Swamp
These properties were previously placed on the A-1 List.
11. Preserve Expansion parcels — Panther Walk and Dr. Robert H. Gore III
These properties were previously placed on the A-1 List.
12. Re -rank properties from Cycle 1013-list
Ms. Araque provided the Conservation Collier Property Summary for the following parcels:
Agana Colina, Big Hummock Area II, Barron Collier Partnership LLLP—Sanitation and
Bethune Rd.
The properties were re -ranked as follows:
Agua Colina
The Committee determined the property should be placed on the A-1 List.
Big Hammock Area II N
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The Committee determined the property should be placed on the B List. N
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Barron Collier Partnership LLLP — Sanitation and Bethune Rd.
The Committee determined the property should be placed on the B List.
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Mr. Corharz moved to approve the ranking list as developed by the Committee. Second by Ms.
Patterson -Weber. Carried unanhnously 8 — 0. CD
8. Chair Committee Member Comments
None
9. Public General Comments
None
10. Staff Comments
None
11. Next Meeting Date
September 7, 2022
There being no further business for the good of the County, the meeting was adjourned by order
of the chair at 4:32P.M.
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26.A.3
August 3, 2022
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Conservation Collier- Land Acquisition Advisory Committee
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William Poteet, Chgifinan y
These minutes approved by the Board/Conunittee on q~ 2 as presented V or as
amended
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CCLAAC
26.A.4
EXECUTIVE SUMMARY
Approve an Agreement for Sale and Purchase for 1.14 acres under the N
Conservation Collier Land Acquisition Program, at a cost not to exceed $30,600 N
(Arnay).
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OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) E
as
between the Board of County Commissioners (Board) and Richard D. Arnay and Joan Arnay
Halperin (Seller). U)
CONSIDERATIONS: The Seller's property contains 1.14 acres and is located within is located
within Section 30, Township 47 South, Range 28 East near the Conservation Collier's Panther
Walk Preserve. The Panther Walk Preserve is located within the Horsepen Strand in North
Golden Gate Estates, and acquisition of this parcel serves to further complete the protection of
environmentally sensitive lands within the Horsepen Strand.
The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the
estimated value of the property is less than $500,000.00, one appraisal report will be obtained,
and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing
Policy, the purchase price of $30,000 was based upon one (1) independent, state -certified
general real estate appraisal firm. The total cost to obtain appraisals for 21 parcels in this area
was $3,700.
FISCAL IMPACT: The total cost of acquisition will not exceed $30,600 ($30,000 for the
property, and approximately $600 for the title commitment, title policy, and recording of
documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of
September 13, 2022, property costs for Conservation Collier properties, including this property
and those under contract, total $111,881,447. Estimated costs of maintenance in perpetuity for
this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been
incorporated into the Conservation Collier Long Term Financial Management Plan that will
ensure management of all Conservation Collier Preserves in perpetuity. The average annual
per acre maintenance cost for the first 5 years (initial maintenance costs) is $245/acre including
exotic vegetation removal. After initial restoration, the average maintenance costs by
Conservation Collier are approximately $150 per acre.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the
Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires
majority vote for approval. - RTT
RECOMMENDATION: Staff is recommending that the CCLAAC:
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1. Approve the attached Agreement; and
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2. Recommend to the Board approval and authorization for the Chairman to execute the
Agreement on behalf of the Board.
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PREPARED BY: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property
Management, Department of Facilities Management a
CCLAAC -Arnay (PW)
Packet Pg. 503
26.A.4
Conservation Collier Land Acquisition Program
Project Design Report
Arnay Estate Property
Date: September 2022
Property Owner: Estate of Henrietta Arnay
Folios : 38845800000
Location: GOLDEN GATE EST UNIT 42 E 75FT OF W 18OFT OF TR 70
Size: 1.14 acres
Appraised Value: $30,000
History of Proiect:
Selected for the "A" category,
Selected for the "A"
Purchase
Offer Accepted
#1 priority, on the Active
category, #1 priority,
offer made to
Acquisition List (AAL) by
on AAL by BCC
owners
CCLAAC
12/9/22
1/25/2022
6/22/2022
7/14/2022
Purpose of Proiect: Environmental Conservation — Conservation Collier Program
Program Oualifications:
This parcel is located in the southern section of the Horsepen Strand north of and adjacent to the
Panther Walk Preserve. The Amay Estate 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 62" d 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
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26.A.4
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.
Proiected 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
$342
$228
$228
$228
$171
Signage
$200
Total
$542
$228
$228
$228
$171
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
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26.A.4
Miles
Q ARNAY ESTATE
Conservation Collier Preserve
Property Owner Accepted Offer
Donation
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C;O e-r coallty
Co N 5-E-f��+AT{ON
COLLIER
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38845800000
26.A.4
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between RICHARD D. ARNAY
and JOAN ARNAY HALPERIN, whose address is 15 Fox Hunt Drive, Rockaway, NJ
07866, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose address is 3335
Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty
Thousand Dollars and 00/100 dollars ($30,000.00), (U.S. Currency) payable at
time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR m
"CLOSING") of the transaction shall be held on or before two hundred and forty r
(240) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in a
connection with the Closing shall be as follows:
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER 38845800000
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to N
applicable title standards adopted by the Florida Bar and in accordance with o
law. At the Closing, the Seller shall cause to be delivered to the Purchaser N
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
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3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than: N
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser -Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title Company
is irrevocably committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the commitment
immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due a.
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38845800000
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be.. shall
perform the following within the times stated, which shall be conditions precedent
to the Closing-,
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection t0 title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure said
objections within said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may
accept title as it then is, waiving any objection; or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of termination
within the time period provided herein shall be deemed an election by
Purchaser to accept the exceptions to title as shown in the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a a
current survey of the Property prepared by a surveyor licensed by the State of '
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A." unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered M
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an 2
improvement located on the Property projects onto lands of others, or (c) lack a
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER 38845800000
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or projection,
or lack of legal access, or Purchaser may terminate the Agreement. A failure
by Purchaser to give such written notice of termination within the time period
provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred and twenty (120) days from the date of this
Agreement, ("Inspection Period"), to determine through appropriate investigation
that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable a
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller L
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in writing of its specific objections as provided herein within the Inspection Period, a
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
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environmental and soil testing results commissioned by Purchaser with respect to a
the Property,
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5.03 Purchaser and its agents, employees and servants shall, at their own risk and r
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by CU
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38645800000
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
MAIM
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2021 taxes, and shall be
paid by Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
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Property, and to execute, deliver, and perform its obligations under this m
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby. w
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICAPON NUMBER 38845800000
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or a
cesspools on the Property; all waste, if any, is discharged into a public sanitary E
sewer system; Seller represents that they have (it has) no knowledge that any a
pollutants are or have been discharged from the Property, directly or indirectly a
CID
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in Ii
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or a
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership a
thereof. Seller represents none of the Property has been used as a sanitary
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landfill.
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10.018 Seiler has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code a
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER. 38945800000
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay -back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend a
and hold Purchaser harmless from any and all costs (including attorney's fees) '.
asserted against, imposed on or incurred by Purchaser, directly or indirectly, m
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the a
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38845800000
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser: Summer Araque, Coordinator
Conservation Collier Program
Collier County Parks and Recreation Division
Public Services Department
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, Florida 34116
With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Telephone number: 239-252-8917
Fax number: 239-252-8876
If to Seller: Richard D. Arnay
15 Fox Hunt Drive
Rockaway, NJ 07866
Telephone number:
Fax number: N/A
If to Seller: Joan Arnay Halperin
96 Washington Ave
Hillsdale, NJ 07642
Telephone number:
Fax number: N/A
11.02 The addressees and numbers for the purpose of this Article may be '.
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes. r
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER, 38845800000
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors. successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday. Sunday or legal
holiday, then the date to which such reference is made shall be extended to the a
next succeeding business day.
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13.08 Seller is aware of and understands that the "offer" to purchase represented w
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
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Packet Pg. 516
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER; 38845800000
26.A.4
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
)ated Project/Acquisition Approved by BCC:
TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
, Deputy Clerk
Approved as to form and legality:
Ronald T. Tomasko, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
WILLIAM L. MCDANIEL, JR., Chairman
Packet Pg. 517
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38845800000
26.A.4
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 38845800000
LEGAL DESCRIPTION:
THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT NO. 70,
GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 27. OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
1.14 acres
Packet Pg. 519
CCLAAC
26.A.4
EXECUTIVE SUMMARY
Approve an Agreement for Sale and Purchase for 1.59 acres under the N
Conservation Collier Land Acquisition Program, at a cost not to exceed $72,850 N
(Meyer Trust).
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OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) E
as
between the Board of County Commissioners (Board) and Mark Troy Meyer as Successor
Trustee of the Virginia M. Meyer Trust Agreement, dated December 28, 1996 (Seller). U)
CONSIDERATIONS: The Seller's property contains 1.59 acres and is located within is located
within Section 30, Township 47 South, Range 28 East near the Conservation Collier's Panther
Walk Preserve. The Panther Walk Preserve is located within the Horsepen Strand in North
Golden Gate Estates, and acquisition of this parcel serves to further complete the protection of
environmentally sensitive lands within the Horsepen Strand.
The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the
estimated value of the property is less than $500,000.00, one appraisal report will be obtained,
and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing
Policy, the purchase price of $72,000 was based upon one (1) independent, state -certified
general real estate appraisal firm. The total cost to obtain appraisals for 21 parcels in this area
was $3,700.
FISCAL IMPACT: The total cost of acquisition will not exceed $72,850 ($72,000 for the
property, and approximately $850 for the title commitment, title policy, and recording of
documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of
September 13, 2022, property costs for Conservation Collier properties, including this property
and those under contract, total $111,851,447. Estimated costs of maintenance in perpetuity for
this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been
incorporated into the Conservation Collier Long Term Financial Management Plan that will
ensure management of all Conservation Collier Preserves in perpetuity. The average annual
per acre maintenance cost for the first 5 years (initial maintenance costs) is $235/acre including
exotic vegetation removal. After initial restoration, the average maintenance costs by
Conservation Collier are approximately $150 per acre.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the
Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires
majority vote for approval. - RTT
RECOMMENDATION: Staff is recommending that the CCLAAC:
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1. Approve the attached Agreement; and
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2. Recommend to the Board approval and authorization for the Chairman to execute the
Agreement on behalf of the Board.
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PREPARED BY: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property
Management, Department of Facilities Management a
CCLAAC — Meyer Trust I Packet Pg. 520
26.A.4
Conservation Collier Land Acquisition Program
Project Design Report
Meyer Trust Property
Date: September 2022
Property Owner: Mark Troy Meyer
Folios : 38848720006
Location: GOLDEN GATE EST UNIT 42 W 105FT OF TR 100
Size: 1.59 acres
Appraised Value: $72,000
History of Proiect:
Selected for the "A" category,
Selected for the "A"
Purchase
Offer Accepted
# 1 priority, on the Active
category, # 1 priority,
offer made to
Acquisition List (AAL) by
on AAL by BCC
owners
CCLAAC
12/9/22
1/25/2022
6/22/2022
7/14/2022
Purpose of Project: Environmental Conservation — Conservation Collier Program
Program Qualifications:
This parcel is located in the southeastern section of the Horsepen Strand west of the Panther Walk
Preserve. The Meyer 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 60"' 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
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26.A.4
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
$477
$318
$318
$318
$239
Signage
$200
Total
$677
$318
$318
$318
$239
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
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Packet Pg. 522
26.A.4
Miles
[] MEYER TR, VIRGINIA M
Conservation Collier Preserve
Property Owner Accepted Offer
Donation
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26.A.4
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Q MEYER TR, VIRGINIA M
WE Conservation Collier Preserve
Property Owner Accepted Offer
Miles
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Packet Pg. 524
26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between MARK TROY MEYER,
AS SUCESSOR TRUSTEE OF THE VIRGINIA M. MEYER TRUST AGREEMENT,
DATED DECEMBER 28, 1996, whose address is 18644 Clairmont Circle W, Northville,
MI 48168, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose address is 3335
Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as
"Purchaser").
W I T N E S S E T H
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Seventy -
Two Thousand Dollars and 00/100 dollars ($72,000.00), (U.S. Currency)
payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR m
"CLOSING") of the transaction shall be held on or before two hundred and forty
(240) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be E
held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami
CU
Trail East, Naples, Florida. The procedure to be followed by the parties in a
connection with the Closing shall be as follows:
Packet Pg. 525
26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser -Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title Company
is irrevocably committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the commitment
immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, m
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear E
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by a
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
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Packet Pg. 526
26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure said
objections within said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may
accept title as it then is, waiving any objection; or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of termination
within the time period provided herein shall be deemed an election by
Purchaser to accept the exceptions to title as shown in the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this m
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any E
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey a
provided by Seller or obtained by Purchaser, as certified by a registered
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Packet Pg. 527
26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or projection,
or lack of legal access, or Purchaser may terminate the Agreement. A failure
by Purchaser to give such written notice of termination within the time period
provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred and twenty (120) days from the date of this
Agreement, ("Inspection Period"), to determine through appropriate investigation
that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the a
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
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in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In a
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property. E
5.03 Purchaser and its agents, employees and servants shall, at their own risk and a
expense, have the right to go upon the Property for the purpose of surveying and
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Packet Pg. 528
26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2021 taxes, and shall be
paid by Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks a
required of each hereunder. Seller is not presently the subject of a pending, m
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to a
consummate the transaction contemplated hereby. All necessary
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or a
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly a
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in a
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
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connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property a
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary E
landfill.
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay -back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the m
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
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10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees) a
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser: Summer Araque, Coordinator
Conservation Collier Program
Collier County Parks and Recreation Division
Public Services Department
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, Florida 34116
With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Telephone number: 239-252-8917
Fax number: 239-252-8876
If to Seller: Mark Troy Meyer, Trustee
Virginia M. Meyer Trust Agreement
18644 Clairmont Circle W
Northville, MI 48168
Telephone number: 248-910-6138
Fax number: N/A
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in a
effect for all purposes.
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26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal m
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
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13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County a
Commissioners of Collier County, Florida.
9
Packet Pg. 533
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
26.A.4
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
, Deputy Clerk
Approved as to form and legality:
Ronald T. Tomasko, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
WILLIAM L. MCDANIEL, JR., Chairman
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Packet Pg. 534
26.A.4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
AS TO SELLER:
DATED:
WITNESSES:
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(Printed Name)
BY: d Xef
MARK TRO EY R AS SUCCESSOR
TRUSTEE OF THE RGINIA M. MEYER
TRUST AGREEMENT DATED DECEMBER
28, 1996
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 38848720006
26.A.4
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 38848720006
LEGAL DESCRIPTION:
THE WEST 105 FEET OF TRACT 100, GOLDEN GATE ESTATES, UNIT
NO. 42, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED
IN PLAT BOOK 7, PAGE(S) 27, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
1.59 acres
Packet Pg. 536
CCLAAC
26.A.5
EXECUTIVE SUMMARY
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Approve an Agreement for Sale and Purchase for 1.14 acres under the N
Conservation Collier Land Acquisition Program, at a cost not to exceed $25,600 L
(Bailey).
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OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement)
between the Board of County Commissioners (Board) and Charles Edwin Bailey, Jr. (Seller). Cn
CONSIDERATIONS: The Seller's property contains approximately 1.14 acres located near the
Dr. Robert H. Gore III Preserve located off Desoto Blvd. The property is within Golden Gate
Estates, Unit 92. Acquisition of this parcel serves to further complete the protection of
environmentally sensitive lands within the Dr. Robert H. Gore III Preserve.
The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the
estimated value of the property is less than $500,000.00, one appraisal report will be obtained,
and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing
Policy, the purchase price of $25,000 was based upon one (1) independent, state -certified
general real estate appraisal firm. The total cost to obtain appraisals for 9 parcels in this area
was $4,600.
FISCAL IMPACT: The total cost of acquisition will not exceed $25,600 ($25,000 for the
property, and approximately $600 for the title commitment, title policy, and recording of
documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of
September 27, 2022, property costs for Conservation Collier properties, including this property
and those under contract, total $111,851,447. Estimated costs of maintenance in perpetuity for
this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been
incorporated into the Conservation Collier Long Term Financial Management Plan that will
ensure management of all Conservation Collier Preserves in perpetuity. The average annual
per acre maintenance cost for the first 5 years (initial maintenance costs) is $425/acre including
exotic vegetation removal. The FY23 costs for exotic vegetation removal for the subject property
is estimated at $570. After initial restoration, the average maintenance costs by Conservation
Collier are approximately $150 per acre.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the
Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires
majority vote for approval. - RTT
RECOMMENDATION: Staff is recommending that the CCLAAC:
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1. Approve the attached Agreement; and W
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2. Recommend to the Board approval and authorization for the Chairman to execute the04
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Agreement on behalf of the Board. m
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PREPARED BY: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property E
Management, Department of Facilities Management L)
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CCLAAC - Bailey I Packet Pg. 537
26.A.5
Conservation Collier Land Acquisition Program
Project Design Report
Bailey Property
Date: September 2022
Property Owner: Charles E. Bailey, Jr.
Folios : 41618160003
Location: GOLDEN GATE EST UNIT 92 W 75FT OF TR 98
Size: 1.14 acres
Appraised Value: $25,000
History of Proiect:
Selected for the "A" category,
Selected for the "A"
Purchase
Offer Accepted
# 1 priority, on the Active
category, # 1 priority,
offer made to
Acquisition List (AAL) by
on AAL by BCC
owners
CCLAAC
12/9/22
1/25/2022
7/20/2022
7/21/2022
Purpose of Proiect: Environmental Conservation — Conservation Collier Program
Program Oualifications:
This parcel is adjacent to the Dr. Robert H. Gore III Preserve. The Bailey parcel was considered
due to its proximity to an existing Conservation Collier preserve. The Bailey project met 5 out of
6 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 40th Ave NE off of Desoto Blvd — a paved public road. This property
could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore
III 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 has many wetland dependent plant species and contains karst topography, which is a
wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel
provides minimal water quality enhancement beyond accommodating sheet flow into the I-75
canal.
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26.A.5
Property enhances and/or protect the environmental value of current conservation lands
through function as a buffer, ecological link, or habitat corridor
The Bailey parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many
others, could also permanently protect a corridor between North Belle Meade and the Florida
Panther National Wildlife Refuge.
Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern
Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification.
There are no additional land use overlays applicable.
Proiected Management Activities: 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
$570
$456
$456
$456
$285
Signage
$200
Total
$770
$456
$456
$456
$285
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
2
Packet Pg. 539
26.A.5
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BAILEY JR, CHARLES EDWIN
Conservation Collier Preserve
Donation
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Packet Pg. 541
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER, 41618160003
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between CHARLES EDWIN
BAILEY JR., whose address is 940 Sixth Street, Charleston, WV 25302, (hereinafter
referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite
102, Naples, FL 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10,00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seiler the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty -
Five Thousand Dollars and 001100 dollars ($25,000.00), (U.S. Currency)
payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before two hundred and forty
(240) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
Packet Pg. 542
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 41618160003
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser -Seiler closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title Company
is irrevocably committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the commitment
immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
Packet Pg. 543
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 41618160003
3.03 Purchaser shall
pay for the cost of
recording the Warranty Deed.
Real
Property taxes shall
be prorated based
on the current year's tax with
due
allowance made for
maximum allowable
discount, homestead and any
other
applicable exemptions and paid by Seller.
If Closing occurs at a date which
the
current year's millage
is not fixed, taxes will
be prorated based upon such
prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure said
objections within said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may
accept title as it then is, waiving any objection; or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of termination
within the time period provided herein shall be deemed an election by
Purchaser to accept the exceptions to title as shown in the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
O
Packet Pg. 544
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER 41618160003
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seiler
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or projection,
or lack of legal access, or Purchaser may terminate the Agreement. A failure
by Purchaser to give such written notice of termination within the time period
provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred and twenty (120) days from the date of this
Agreement, ("Inspection Period"), to determine through appropriate investigation
that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Packet Pg. 545
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 41618160003
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
&01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2021 taxes, and shall be
paid by Seller.
IX, TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Packet Pg. 546
26.A.5
CONSERVATION COLLIER
TAX IDENTPCATION NUMBER: 41618160003
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property; directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
0
Packet Pg. 547
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER_ 41618160003
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10,019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay -back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
v
Packet Pg. 548
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 41618160003
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser: Summer Araque, Coordinator
Conservation Collier Program
Collier County Parks and Recreation Division
Public Services Department
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, Florida 34116
With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Telephone number: 239-252-8917
Fax number: 239-252-8876
If to Seller: Charles E. Bailey Jr.
940 Sixth Street
Charleston, WV 25302
Telephone number: 304-553-5116
Fax number: NIA
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
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Packet Pg. 549
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 41618160003
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
Packet Pg. 550
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 41618160003
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever o
for others, Seller shall make a written public disclosure, according to Chapter 286, N
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is E
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida co
Statutes, whose stock is for sale to the general public, it is hereby exempt from the ,
provisions of Chapter 286, Florida Statutes.) a)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
, Deputy Clerk
Approved as to form and legality:
Ronald T. Tomasko, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
WILLIAM L. MCDANIEL, JR., Chairman
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Packet Pg. 551
26.A.5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER. 41618160003
AS TO SELLER:
DATED:8 `/
WITNESSES:
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 41618160003
26.A.5
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 41618160003
LEGAL DESCRIPTION:
THE WEST 75 FEET OF THE WEST 150 OF TRACT 98, GOLDEN GATE
ESTATES, UNIT NO. 92, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE(S) 31, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
1.14 acres
Packet Pg. 553
26.A.6
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: Approximately 5 miles southeast of the Village of Immokalee off SR 29 and north of Oil
Well Road
Property Description —Owl Hammock
Owner
Address and/or Folio
Acreage
Collier Land Holdings, Ltd. and CDC Land Investments Inc.
multiple
7,378
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The property contains 14 mapped native plant communities. The primary mapped communities in order of
dominance include: Marsh, Mixed Scrub -Shrub Wetland, Cypress, Mixed Wetland Hardwoods and Mesic
Flatwoods.
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is directly adjacent to and visible from SR 29. Multiple vehicle trails exist throughout the property
that would facilitate public access. Scenic vistas throughout the property enhance the aesthetic setting of
Collier County.
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26.A.6
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Ninety percent of the parcel is mapped as hydric soils, and it is primarily wetlands - containing multiple N
wetland vegetation communities. It holds water during the wet season and most likely year-round in some N
portions. The property provides important habitat for wetland dependent species. ti
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4. Does the property offer significant biological values, including biodiversity, listed species habitat, M
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connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
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The parcel is within the Okaloacoochee (OK) Slough flow -way and is an Area of Critical State Concern.
Multiple listed species would be anticipated to use this property including Florida panthers, sandhill cranes,
and crested caracara. The Clip Potential Habitat Richness indicates 8 - 13 species habitat models occur E
within several areas of the property. The highest number of focal species co-occurring at any location in the c
model is 13. U
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is adjacent to private conservation easements and provides an important corridor between Ok
Slough State Forest and Big Cypress National Preserve.
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project?
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Yes ❑ No ❑
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for the other agency's acquisition program? E
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Yes ❑ No ❑ _
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The property satisfies 5 initial screening criteria
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26.A.6
Figure 1: Owl Hammock Parcel Overview Map
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- Conservation Collier Preserve
Managed Conservation Areas
Other Conservation Areas
CONS-E-R AT I O N
CLLIER
Collier County �k
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26.A.6
Figure 2: Owl Hammock Aerial Map
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26.A.6
Large marsh in middle of property
Palmetto areas scattered throughout upland portions of property
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26.A.7
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: Just south of 471" Ave NW and just west of Wilson Blvd. N., approx. 1.2 miles NE of Red
Maple Swamp Preserve
Property Description
Owner
Address and/or Folio
Acreage
Richard D. Brewer
38601320106, 38601360001,
14.78
38601280000,00209681000
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcels contain Cypress and Mixed Hardwood Coniferous Swamp (Red Maple).
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
These parcels can be viewed from a public road and roosting swallow-tailed kites are visible from the road
Condition of sale is no public access on property to protect roosting swallow-tailed kites.
Packet Pg. 561
26.A.7
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
These parcels contain hydric soils and wetland vegetation communities. They hold water during the wet
season and buffer the Corkscrew canal within their boundaries. ci
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4. Does the property offer significant biological values, including biodiversity, listed species habitat, `N
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connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
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The parcels are adjacent to SFWMD Bird Rookery Swamp and are most likely utilized by the Florida panther.
The parcels are an annual swallow-tailed kite pre -migration roost site. U)
S. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is adjacent to SFWMD Bird Rookery Swamp.
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project? The western -most parcel
(00209681000) is within the Corkscrew Regional Ecosystem Watershed Florida Forever Project Area
Yes ❑ No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
❑Yes ❑No
The property satisfies 5 initial screening criteria
Packet Pg. 562
26.A.7
Figure 1: Brewer Parcels Overview Map
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Conservation Collier Preserve
Managed Conservation Areas
Other Conservation Areas
CONS-E-R AT I O N
CLLIER
Cother County
Packet Pg. 563
26.A.7
Figure 2: Brewer Parcels Aerial Map
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26.A.7
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26.A.7
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26.A.7
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26.A.8
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: South of 1-75 and east of Benfield Rd., surrounded by Picayune Strand State Forest on all
sides
Property Description
Owner
Address and/or Folio
Acreage
David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall
1 00451040004
179.78
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcel contains Pine Flatwoods, Cypress -Pine -Cabbage Palm, Hydric Pine Flatwoods, Cabbage Palm, and Cypress
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is not visible or accessible from a public roadway.
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel contains hydric soils and wetland vegetation communities. It holds water during the wet season.
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26.A.8
4. Does the property offer significant biological values, including biodiversity, listed species habitat,
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is surrounded by Picayune Strand State Forest. Staff from Earth Tech Environmental, LLC
observed foraging red -cockaded woodpeckers and a bald eagle within the parcel in 2019. Multiple Florida
panther telemetry points have been noted in and around the parcel, and the Picayune Strand State Forest
gopher tortoise relocation site is just to the north. The parcel is also within the USFWS Bonneted bat focal
area and the core foraging area of one wood stork colony.
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is directly adjacent to Picayune Strand State Forest on all 4 sides.
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project? The parcel is within the Belle
Meade Florida Forever Project Area.
Yes ❑ No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
❑Yes ❑No
The property satisfies 4 initial screening criteria
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26.A.8
Figure 1: Frank / Hothersall Parcel Overview Map
1 0 1 2 3 4 5 6
DAVID EDWARD FRANK JR"
Cycle 10
Cycle 11A
- Cycle 11 B
_ Conservation Collier Preserve
Managed Conservation Areas
Other Conservation Areas
CONS-E-R AT I O N
CLLIER
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26.A.8
Figure 2: Frank / Hothersall Parcel Aerial Map
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26.A.9
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: RLSA — Flowway; South of Oil Well Rd. and east of Desoto Blvd. within Camp Keais Strand
Property Description
Owner
Address and/or Folio
Acreage
Rudolph Brothers Ltd. Ptnsp
00229040003
10
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcel mapped as Cypress, Marsh, and Mixed Scrub -Shrub Wetland.
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is not visible or accessible.
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel contains hydric soils and wetland vegetation communities. It holds water during the wet season.
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26.A.9
4. Does the property offer significant biological values, including biodiversity, listed species habitat,
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is surrounded by undeveloped land that contains multiple Florida panther and black bear
telemetry points. N
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5. Does the property enhance and/or protect the environmental value of current conservation lands through
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function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
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The parcel is surrounded by undeveloped land but is not directly adjacent to other conservation lands. cn
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project? The parcel is within the
Corkscrew Regional Ecosystem Watershed Florida Forever Project Area
Yes ® No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
❑Yes ❑No
The property satisfies 3 initial screening criteria
Packet Pg. 574
26.A.9
Figure 1: Rudolph Brothers Parcel Overview Map
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Managed Conservation Areas l ---�
Other Conservation Areas
CONS-E-T AT I O N
CLLIER
C'.n ev Crnsxty .
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26.A.9
Figure 2: Rudolph Brothers Parcel Aerial Map
1 0 0.5 1
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Conservation Collier Preserve
CON HM ATION
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26.A.10
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: the southeastern tip of Cape Romano within Rookery Bay National Estuarine Research
Reserve (NERR)
Property Description:
Owner
Address and/or Folio
Acreage
Debra Amirin
01195640002
0.83
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcel mapped as Mangrove Swamp and Maritime Hammock
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
This property is only accessible by boat and is less than an acre in size.
Packet Pg. 577
26.A.10
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is mapped as minimal aquifer recharge capacity; however, wetland dependent vegetation and
hydric soils exist on approximately half the site and the property provides storm surge protection.
4. Does the property offer significant biological values, including biodiversity, listed species habitat,
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel provides habitat for migratory bird species; various listed shorebirds, wading birds, and seabirds;
and loggerhead sea turtles.
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is adjacent to Rookery Bay NERR on the west side.
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project? Rookery Bay NERR may be
interested in acquiring.
Yes ❑ No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
❑Yes ❑No
The property satisfies 4 initial screening criteria
Packet Pg. 578
26.A.10
Figure 1: Amirin Overview Map
Cape Romano
I
Amirin
Conservation Areas
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26.A.10
Figure 2: Amirin Parcel Aerial Map
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26.A.11
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: 1/4 mile south of Winchester Head; adjacent to Oil Well Rd.
Property Description
Owner
Address and/or Folio
Acreage
Pedro Menendez and Israel Fernandez
40010760002
1 1.78
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Mapped as Mixed Scrub -Shrub Wetland
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is adjacent to and visible from Oil Well Road.
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
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26.A.11
Parcel has mapped hydric soils and a mapped wetland plant community. Open understory indicates the
parcel most likely holds water during the rainy season.
4. Does the property offer significant biological values, including biodiversity, listed species habitat,
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Habitat for Florida panther and listed wading birds.
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is not adjacent to any conservation lands
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project?
Yes ❑ No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
❑Yes [—]No
The property satisfies 4 initial screening criteria
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26.A.11
Figure 1: Menedez/Fernandez Parcel Overview Map
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Conservation Collier A -list
- Conservation Collier Preserve
Other Conservation Areas
CONSUCATION
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Packet Pg. 583
26.A.11
Figure 2: Menedez/Fernandez Parcel Surrounding Lands Map
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Conservation Collier A -list
- Conservation Collier Preserve
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26.A.11
View of Parcel looking north from Oil Well Road
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26.A.12
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: South of rough trail extension of Curcie Rd., on the west side of Mcllvane Marsh Preserve
Property Description
Owner
Address and/or Folio
Acreage
Connection Investors Group, LLC
00775600007
S.00
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcel mapped as Mangrove Swamp
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is not visible from a public road and is only accessible through a locked gate and difficult hike '
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26.A.12
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel contains hydric soils, provides protection from storm surge, and is comprised of a wetland
vegetative community that holds water year-round.
4. Does the property offer significant biological values, including biodiversity, listed species habitat,
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel abuts Conservation Collier land to the west and south and undeveloped land to the north and
east in an area of documented American crocodile (Crocodylus acutus) breeding. The parcel also provides
habitat for multiple listed wading bird species and Florida panther (Puma concolor coryi) telemetry points
have been documented on the surrounding parcels.
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is surrounded by public conservation land owned by Conservation Collier, Collier County and
Rookery Bay National Estuarine Research Reserve.
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project?
Yes ❑ No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
❑Yes ❑No
The property satisfies 4 initial screening criteria
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26.A.12
Figure 1: Connection Investors Group Parcel Overview Map
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26.A.12
Figure 2: Connection Investors Group Parcel Aerial Map
1 0 0.1
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LLC
Conservation Collier Preserve
Other Conservation Areas
CON5E-IV ATION
C LLIER
Co ev County
V
Packet Pg. 590
26.A.12
Figure 3: Mcllvane Marsh Overview Map
T0 1
CONNECTION INVESTORS GROUP
LLC
RELEVANT RADIO INC- Cycle 11B
parcel
Conservation Collier Preserve
Other Conservation Areas
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26.A.13
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: Off Curcie Rd., within the southeast corner of Mcllvane Marsh Preserve
Property Description
Owner
Address and/or Folio
Acreage
Relevant Radio, Inc.
00775160000
10.46
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcel mapped as Mangrove Swamp and Salt Marsh
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is not visible from a public road and is only accessible through a locked gate.
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel contains hydric soils and wetland vegetative communities. It holds water during the wet season
and provides protection from storm surge.
N
N
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26.A.13
4. Does the property offer significant biological values, including biodiversity, listed species habitat,
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is surrounded by public conservation land in an area of documented American crocodile
(Crocodylus acutus) breeding. The parcel also provides habitat for multiple listed wading bird species and
Florida panther (Puma concolor coryi) telemetry points have been documented on the surrounding parcels
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is surrounded by public conservation land owned by Conservation Collier and Rookery Bay
National Estuarine Research Reserve.
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project?
Yes ❑ No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
❑Yes ❑No
The property satisfies 4 initial screening criteria
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26.A.13
Figure 1: Relevant Radio Parcel Overview Map
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RELEVANT RADIO INC
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- Conservation Collier Preserve
Other Conservation Areas
CONS-E-R AT I O N
CLLIER
Go ev County
Packet Pg. 594
26.A.13
Figure 2: Relevant Radio Parcel Aerial Map
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Conservation Collier Preserve
Other Conservation Areas
CON5E-IV ATION
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26.A.13
Figure 3: Mcllvane Marsh Overview Map
RELEVANT RADIO INC
CONNECTION INVESTORS GROUP
® LLC - Cycle 11 B parcel
Conservation Collier Preserve
Other Conservation Areas
CONS-E-[ ATION
C LLIEfi
Coatrer County
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Packet Pg. 596
26.A.14
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: 2 parcels approx. 1.4 miles east of the end of Keane Ave. and 1.8 miles north of the Cycle
10 Hussey parcels in North Belle Meade — RFMUD - Receiving
Property Description
Owner
Address and/or Folio
Acreage
Roy Hoffman
00326400009 and 00328120002
15
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcels mapped as Mesic Flatwoods and Improved Pasture but appear to contain primarily cabbage palm
canopy.
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcels are not visible or readily accessible from a public roadway.
N
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26.A.14
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcels contain hydric soils and most likely hold water during the wet season and storm events.
4. Does the property offer significant biological values, including biodiversity, listed species habitat, c
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) N
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
FWC Species Richness Map shows potential for 2-7 species to utilize the properties including federally E
endangered Florida panther, red -cockaded woodpecker, Florida bonneted bat, and state -threatened Florida a
gopher tortoise and Big Cypress fox squirrel. Panther telemetry (from 1986-2020) shows utilization of the cn
site by radio -collared individuals.
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is surrounded by undeveloped land but is not directly adjacent to other conservation lands
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project? The parcel is within the Belle
Meade Florida Forever Project Area.
Yes ❑ No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
❑Yes [—]No
The property satisfies 3 initial screening criteria
Packet Pg. 598
26.A.14
Figure 1: Hoffman Parcels Overview Map
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HOFFMAN, ROY
Cycle 10
Cycle 11 A
- Cycle 11 B
_ Conservation Collier Preserve
Managed Conservation Areas
Other Conservation Areas
4 5
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26.A.14
Figure 2: Hoffman Parcels Aerial Map
1 0 0.25
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CotyCO41LIER
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Packet Pg. 600
26.A.15
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: Adjacent and east of Collier Blvd. and adjacent and south off Port Au Prince Drive. Shell
Island preserve is directly west of the parcel across Collier Blvd.
Property Description — Magdelener parcel from Cycle 10 under new ownership
Owner
Address and/or Folio
Acreage
Dredge Management Assoc. LLC
00742040001
18.73
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcel contains Pine flatwoods, mangrove swamp, wetland forested mixed, freshwater marsh, hydric pine
flatwoods, and mixed wetland hardwoods
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
This property is within the Urban Coastal Fringe and visible from a major County Road. It is adjacent to other
Conservation Collier land (across Collier Blvd.) and is accessible via Port Au Prince Rd.
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
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26.A.15
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is mapped as minimal aquifer recharge capacity. Surface water is present throughout the
property during the wet season, wetland dependent vegetation and hydric soils exist on site, and the
property provides foraging habitat for wading birds.
4. Does the property offer significant biological values, including biodiversity, listed species habitat,
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
This parcel enhances connectivity with adjacent Conservation Collier Preserve and Rookery Bay National
Estuarine Research Reserve (NERR). Existing plant communities indicate utilization by imperiled bird species.
Florida panther telemetry location data indicates utilization of habitat within 1,000 ft of the parcel
boundary.
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel provides connectivity with Conservation Collier Shell Island Preserve and the Rookery Bay National
Estuarine Research Reserve across Collier Blvd. to the west.
Any qualified land which meets at least two of the above criteria and has matching funds available and/or
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f)
Is the property within the boundary of another agency's acquisition project? Rookery Bay NERR may be
interested in acquiring
Yes ❑ No ❑
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel
for the other agency's acquisition program?
Yes ❑ No ❑
MEETS INITIAL SCREENING CRITERIA
Eyes [—]No
The property satisfies 5 initial screening criteria
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26.A.15
Figure 1: Dredge Management Overview Map
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Conservation Collier Applications
Conservation Collier Preserve
Conservation Areas
2 3 4
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Packet Pg. 603
26.A.15
Figure 2: Dredge Management Parcel Aerial Map
1 a 0.25
DREDGE MGMT ASSOC LLC
Conservation Collier Preserve
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Packet Pg. 604
26.A.15
Mangroves and freshwater marsh with pine flatwoods in background
Mangroves and freshwater marsh with pine flatwoods in background
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26.A.16
Conservation Collier Land Acquisition Program
Initial Screening Criteria Form
Location Description: RLSA — Flowway and Buffer; Adjacent and east of Pepper Ranch Preserve along Trafford
Oaks Rd. Also adjacent and west of Lake Trafford
Property Description
Owner
Address and/or Folio
Acreage
John Edwin English Trust
00053560005
59.01
Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening
criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria.
1. Does the property contain native plant communities? If yes, are any of the following unique and
endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
Parcel mapped as Marsh, Cabbage Palm, Mixed Scrub -Shrub Wetland, and Cypress.
Ordinance Plant Community
Corresponding Priority Natural Community
(Florida Cooperative Land Cover System)
Presence
Tropical Hardwood Hammock
Upland Hardwood Forest
❑
Xeric Oak Scrub
Scrub
❑
Coastal Strand
Coastal Upland
❑
Native Beach
Coastal Upland
❑
Xeric Pine
Scrub/Pine Flatwood
❑
Riverine Oak
-
❑
High Marsh (Saline)
Coastal Wetland
❑
Tidal Freshwater Marsh
Coastal Wetland
❑
Other Native Habitats
2. Does the property offer significant human social values, such as equitable geographic distribution,
appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier
County? Ord. 2002-63, Sec. 10 (1)(b)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
This parcel is directly adjacent to the 2,512-acre Pepper Ranch Preserve and can be directly accessed from
both Trafford Oaks Road and directly from the preserve along the southeastern boundary; however, Trafford
Oaks Road is a private road with a security gate that would prohibit public access from that direction.
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26.A.16
3. Does the property offer opportunities for protection of water resource values, including aquifer recharge,
water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord.
2002-63, Sec. 10 (1)(c)
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel contains hydric soils and wetland vegetation communities. It holds water during the wet season. N
Acquisition of the parcel would protect the Corkscrew swamp and marsh complex and wetlands associated N
with Lake Trafford. The Corkscrew swamp and marsh complex provide recharge for the Lower Tamiami ti
L
aquifer, a source of drinking water for many County and private wells east of County Road 951.
E
4. Does the property offer significant biological values, including biodiversity, listed species habitat, a
connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) cn
Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria):
(D
The parcel is adjacent to Pepper Ranch Preserve. It can be assumed that the same important wildlife species 4),
documented on the preserve also utilize this property including the endangered Florida Panther, snail kite, E
wood stork, and black bear and multiple bird species. There is significant restoration potential for forested O
areas impacted by invasive exotic plants.
5. Does the property enhance and/or protect the environmental value of current conservation lands through
function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e)
Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria):
The parcel is adjacent to and would contribute to an important wildlife corridor through the adjacent Pepper
Ranch Preserve and other state-owned conservation land. Preservation and restoration of this parcel would
add to the conservation land buffer protecting the Corkscrew Regional Ecosystem Watershed (CREW). This
consists of over 60,000 acres of South Florida Water Management District lands. The CREW Marsh wetlands
are also an ecological link and corridor into the Camp Keais Strand and other conservation lands to the
south.
Any qualified land which meets at least two of the above criteria and has matching funds available and/or v
which Conservation Collier funds availability would leverage a significantly higher funding rank in another
acquisition program. Ord. 2002-63, Sec. 10 (1)(f) n
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Is the property within the boundary of another agency's acquisition project? The parcel is within the
Corkscrew Regional Ecosystem Watershed Florida Forever Project Area T)
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Yes ® No ❑ w
If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel m
for the other agency's acquisition program?
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MEETS INITIAL SCREENING CRITERIA ❑Yes [—]No
The property satisfies 5 initial screening criteria
Packet Pg. 607
26.A.16
Figure 1: English Trust Parcel Overview Map
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26.A.16
Figure 2: English Trust Parcel Aerial Map
1 0 0.5
JOHN EDWIN ENGLISH TRUST
BLOCKER, BRIAN - Cycle 10 parcel
MOODY, JIM H - Cycle 10 parcel
- Conservation Collier Preserve
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