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Agenda 04/25/2023 Item #16C 1 (To purchase 4 properties under the Conservation Collier program)04/25/2023 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with: (1) Jose F. Castillo and Jorge F. Castillo; (2) Odalys Quevedo; (3) Michael L. Toro and Patricia M. Toro, as Trustees of the Michael and Patricia Toro Revocable Joint Trust Agreement, dated April 20, 2017; and (4) Frederick P. Trofatter, Jr. and Heather B. Trofatter under the Conservation Collier Land Acquisition Program, at a cost not to exceed $175,905. OBJECTIVE: To purchase the following four (4) properties under the Conservation Collier Program: Jose F. Castillo and Jorge F. Castillo, as tenancy in common (Sellers): 5.41-acre parcel within the Red Maple Swamp Preserve Multi-parcel Project at a cost not to exceed $85,835. Odalys Quevedo: 1.14-acre parcel near the Conservation Collier Dr. Robert H. Gore III Preserve at a cost not to exceed $27,250. Michael L. Toro and Patricia M. Toro As Trustees of the Michael and Patricia Toro Revocable Joint Trust Agreement, dated April 20, 2017: a 1.59-acre parcel within the Winchester Head Multi-Parcel Project at a cost not to exceed $36,520. Frederick P. Trofatter, Jr. and Heather B. Trofatter: 1.14-acre parcel within the Winchester Head Multi-Parcel Project at a cost not to exceed $26,300. CONSIDERATIONS: On January 25, 2022, Agenda Item #11A, the Board of County Commissioners (Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 10 Active Acquisition List (AAL), with changes, and directed staff to actively pursue the acquisiti on of the properties under the Conservation Collier Program. Castillo property - Red Maple Swamp Preserve Multi-Parcel Project · 5.41-acre vacant property consists of forested wetlands with 100% hydric depressional soils present. · Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise all parcels within the Project. The appraiser based their analyses on comparable sales from wetlands, not upland parcels, preferably within the Project boundaries. The apprai sal dated September 2022 provided an averaged appraised value for parcels within the Project at $16,500 an acre. The cost to obtain appraisals was $2,500. · On September 21, 2022, offer letters were sent to twenty-five (25) property owners based on the appraisal. The original offer was accepted on October 3, 2022. The revised offer was made and accepted on February 16, 2023. The purchase price of $84,835 is 95% of appraised value. · The CCLAAC voted unanimously to recommend Board approval of the original offer purchase agreement on January 4, 2023. The updated purchase price will be presented to the CCLAAC on April 5, 2023. Quevedo property - Dr. Robert H. Gore III Preserve Multi-Parcel Project · 1.14-acre vacant property consists of freshwater forested/shrub wetlands with approximately 60% hydric slough and depressional soils present. · Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise all expansion parcels within the Project. The appraisal dated August 2022 provided an average appraised value for wetland parcels between 1.14 and 2.73 acres within the Project at $22,000 an acre. On September 23, 2022, offers were sent to fifty-one (51) property owners based on the appraisal within the Project. The cost to obtain the appraisal was $3,900. · The original offer was made on September 22, 2022, and accepted on September 26, 2022. A revised offer was made and accepted on February 16, 2023. The purchase price of $26,600 is 95% of the appraised value. · The CCLAAC voted unanimously to recommend Board approval of the original offer purchase agreement 16.C.1 Packet Pg. 1403 04/25/2023 on December 7, 2022. The updated purchase price will be presented to the CCLAAC on April 5, 2023. Toro property - Winchester Head Multi-Parcel Project · 1.59-acre vacant property consists of shrubby wetlands with 100% hydric depressional soils present. · Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise all parcels within the Project. The appraisal dated August 2022 provided an average appraised value for wetland parcels within the Project at $25,000 an acre. The cost to obtain appraisals was $2,800. · On September 20, 2022, offer letters were sent to thirty-seven (37) property owners based on the project- wide appraisal; the offer was accepted on October 4, 2022. A revised offer was made and accepted on February 17, 2023. The purchase price of $35,820 is 90% of appraised value. · The CCLAAC voted unanimously to recommend Board approval of the original offer purchase agreement on December 7, 2022. The updated purchase price will be presented to the CCLAAC on April 5, 2023. Trofatter property - Winchester Head Multi-Parcel Project · 1.14-acre vacant property consists of shrubby wetlands with 100% hydric depressional soils present. · Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise all parcels within the Project. The appraisal dated August 2022 provided an average appraised value for wetland parcels within the Project at $25,000 an acre. The cost to obtain appraisals was $2,800. · On September 20, 2022, offer letters were sent to thirty-seven (37) property owners based on the project- wide appraisal; the offer was accepted on October 4, 2022. A revised offer was made and accepted on February 17, 2023. The purchase price of $25,650 is 90% of appraised value. · The CCLAAC voted unanimously to recommend Board approval of the original offer purchase agreement on January 4, 2023. The updated purchase price will be presented to the CCLAAC on April 5, 2023. The Sellers executed the Agreements prior to the Board’s adoption of the revised Conservation Collier Purchasing Policy, Resolution No. 2023-10, which allows the offer amount to be determined by staff but shall be no more than the appraised value. Staff renegotiated as indicated for each property. Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the properties is provided herewith. FISCAL IMPACT: The funds for these four (4) multi-parcel land acquisitions will be withdrawn from the Conservation Collier Trust Fund (172). The properties identified herein are comprised of a not to exceed acquisition cost of $175,905 as follows: Castillo 5.41 $84,835 $89,300 --$1,000 $85,835 $7,350 $812 Quevedo 1.14 $26,600 $28,000 --$650 $27,250 $2,423 $171 Toro 1.59 $35,820 $39,800 --$700 $36,520 $1,870 $239 Trofatter 1.14 $25,650 $58,500 --$650 $26,300 $1,397 $171 TOTAL 9.28 $172,905 $215,600 --$3,000 $175,905 $13,040 $1,393 Initial 5 Yr. Maint. Costs Title Commit. Cost LT Avg annual Maint. Costs Seller Name Acres Purchase Price Appraised Value Appraisal & Env. Cost Total Purchase Price As of April 25, 2023, estimated property costs for Conservation Collier properties, including this property and those under contract, total $112,995,552. 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. The funds for management of these four (4) parcels will be expended from the Conservation Collier Maintenance Fund (174). The initial costs of maintenance have been provided in the Project Design Reports (PDR) attached. The total maintenance costs for the first five (5) years (initial maintenance costs) for these parcels is estimated at $13,040. After initial restoration, the estimated maintenance costs for these parcels will be approximately $1,393 annually. 16.C.1 Packet Pg. 1404 04/25/2023 GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -RTT RECOMMENDATION: That the Board of County Commissioners: 1) Approves the attached Agreements and accepts the Warranty Deeds once approved by the County Attorney’s Office; 2) Authorizes the Chairman to execute the Agreements and any and all other County Attorney’s Office approved documents related to this transaction; 3) Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payments; 4) Authorizes all Budget Amendments associated with accepting and recognizing the monetary donation; 5) Directs the County Manager or his designee to proceed to acquire these parcels, to follow all appropriate closing procedures, to record the deeds and any an d all necessary documents to obtain clear title to these parcels, and to take all reasonable steps necessary to ensure performance under the Agreement Prepared By: Jennifer A. Belpedio, Real Property Manager, Real Property ATTACHMENT(S) 1. Agreement for Sale and Purchase - Castillo (PDF) 2. [linked] Castillo - Red Maple Swamp Appraisal Report (PDF) 3. Castillo - Project Design Report (PDF) 4. Agreemenet for Sale and Purchase - Quevedo (PDF) 5. [linked] Quevedo - Appraisal Report (PDF) 6. Quevedo.Gore -Project Design Report (PDF) 7. Agreement for Sale and Purchase - Toro (PDF) 8. [linked] Toro - Winchester Head Appraisal Report (PDF) 9. Toro - Project Design Report (PDF) 10. Agreement for Sale and Purchase - Trofatter (PDF) 11. [linked] Trofatter - Winchester Appraisal Report (PDF) 12. Trofatter - Project Design Report (PDF) 16.C.1 Packet Pg. 1405 04/25/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 25123 Item Summary: Recommendation to approve an Agreement for Sale and Purchase with: (1) Jose F. Castillo and Jorge F. Castillo; (2) Odalys Quevedo; (3) Michael L. Toro and Patricia M. Toro, as Trustees of the Michael and Patricia Toro Revocable Joint Trust Agreement, dated April 20, 2017; and (4) Frederick P. Trofatter, Jr. and Heather B. Trofatter under the Conservation Collier Land Acquisition Program, at a cost not to exceed $175,905. Meeting Date: 04/25/2023 Prepared by: Title: Manager - Real Property – Facilities Management Name: Jennifer Belpedio 04/03/2023 3:57 PM Submitted by: Title: – Facilities Management Name: John McCormick 04/03/2023 3:57 PM Approved By: Review: Parks & Recreation Summer BrownAraque Additional Reviewer Completed 04/04/2023 1:21 PM Public Services Department Melissa Hennig Additional Reviewer Completed 04/04/2023 4:45 PM Facilities Management John McCormick Director - Facilities Completed 04/05/2023 11:21 AM Public Services Department Todd Henry Additional Reviewer Completed 04/05/2023 12:16 PM Facilities Management Jennifer Belpedio Manager - Real Property Completed 04/05/2023 3:14 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Skipped 04/03/2023 6:58 PM County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 04/05/2023 3:41 PM Public Services Department Tanya Williams Additional Reviewer Completed 04/11/2023 7:59 AM Public Utilities Department Drew Cody Level 2 Division Administrator Review Skipped 04/03/2023 6:57 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/11/2023 9:15 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2023 10:24 AM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 04/12/2023 10:27 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 04/12/2023 7:39 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 04/18/2023 6:36 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/25/2023 9:00 AM 16.C.1 Packet Pg. 1406 CONSERVATION COLLIER TAX IDENTIFICATION NU[IBER: 39540240003 THIS AGREEMENT is made and entered into by and between, JOSE F. CASTILLO and JORGE F. CASTILLO, whose address is 120 W 56th Street, Hialeah, FL 33012- 2737 (hercinafter 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 1 02, Naples, FL 341 12, (hereinafter referred to as "Purchaser"). 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: 1.01 ln 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 Eighty Four Thousand Eight Hundred and Thirty Five Dollars and 00/1 00 dollars ($84,835.00), (U.S. Currency) payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty days (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents whichever is the later. 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: 1 o}'o AGREEMENT FOR SALE AND PURCHASE WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. I. AGREEMENT III. CLOSING 16.C.1.a Packet Pg. 1407 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39540240003 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: 3.01 '1 1 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 3.01 12 Combined Purchaser-Seller closing statement 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the lnternal 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. 3.012 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 4.01 1 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 lll 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 Tifle pollcy, 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 purchasei. 2 cp 3.0114 A W-9 Form, "Request for Taxpayer ldentification and Certification" as required by the lnternal Revenue Service. 16.C.1.a Packet Pg. 1408 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39540240003 3.03 Purchaser shall pay for the cost of recording the Wananty 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. lf 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. 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 lnsurance 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. lf 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 lf Purchaser shall fail to advise the Seller in writing of any such objections in Selleis 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. ln 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. lf the survey provided by Seller or obtained by purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (bithat an 3 CFO IV, REOUIREMENTS AND CONDITIONS 16.C.1.a Packet Pg. 1409 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NU[IBER: 39540240003 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 5.0'1 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("lnspection 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 lf 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 lnspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the lnspection 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. ln the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to seller copies of all engineering reporti 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 andexpense, have the right to go upon the property for the purpose of surveying andconducting site analyses, soil borings and all other necessary investigition. 4 tro(, 16.C.1.a Packet Pg. 1410 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUIiIBER: 39540240003 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 ot 2023 taxes, and shall be paid by Seller. 9.01 lf Seller shall have failed to perform any of the covenants andior 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 WARRA NTIES 10.01 Seller and Purchaser represent and warrant the following 10.01 1 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 toconsummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing seller and 5 IX. TERMINATION AND REMEDIES c!'o 16.C.1.a Packet Pg. 1411 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39540240003 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. 10.01 5 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. 1 0.017 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 L cFo 16.C.1.a Packet Pg. 1412 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39540240003 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. 10.021 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 provlsions 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, direcfly or indirecfly, 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 I C |'o 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. 10.020 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. 16.C.1.a Packet Pg. 1413 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBERT 39540240003 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. 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: 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 341 16 With a copy to Nurth Jacobo, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Telephone number: 239-252- 7 609 Fax number: 239-252-8876 lf to Seller:Jose F. & Jorge F. Castillo 120 West 56th Street Hialeah, FL 33012 Telephone number: 305-821 -7 458 Telephone number: 7 86-251 -6920 Fax Number: N/A 1 1.02 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 oraddressees only, unless and until such written notice iJ received, the last B 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 lf to Purchaser: cF,o 16.C.1.a Packet Pg. 1414 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 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 deflne, 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 lf 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. 9 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39540240003 XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. ci'o 16.C.1.a Packet Pg. 1415 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39540240003 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. 13.09 lf 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. (lf 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. AS TO PURCHASER ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality BOARD OF COUNTY COMMISSIONERS COLLIER COUNry, FLORIDA BY Rick LoCastro., Chairman $-. aP" Ronald T. Tomasko, Assistant County Attorney 10 lN WIINESS WHEREOF, the parties hereto have signed below Dated ProjecVAcquisition Approved by BCC:_ 16.C.1.a Packet Pg. 1416 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 3954 0240CC3 AS TO DATED: OB Z- WI S BY: BY: Jose F. Castil ri ted ame) a**- nature) Mr,v'L v/. C.rl/,4 (Printed Name) Jorg astillo R< $e- ( c*N\QorzrDN *[i6s,t1MJ.. a.rbrsce U*J q"J \\s zr-*1 {d*C\ zoz3 b fi;s-C 1aslv 72 C,|'o $+. 16.C.1.a Packet Pg. 1417 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 16.C.1.a Packet Pg. 1418 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 7 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39540240003 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39540240003 LEGAL DESCRIPTION: ALL OF TRACT 47, GOLDEN GATE ESTATES, UNIT NO. 53A, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 104 IN THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 5.41 acres 72 ^b,o 16.C.1.a Packet Pg. 1419 Attachment: Agreement for Sale and Purchase - Castillo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 1 Conservation Collier Land Acquisition Program Project Design Report Castillo Property Date: March 2023 Property Owner(s): Jose F and Jorge F Castillo Folio: 39540240003 Location: GOLDEN GATE EST UNIT 53A TR 47 Size: 5.41 acres Purchase Price: $84,835 History of Project: Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: The Red Maple Swamp multi-parcel project, which includes the 5.41-acre Castillo parcel, was first approved by the Board for acquisition as an “A” List multi-parcel property in January 2005, and then confirmed again most recently in January 2022. Red Maple Swamp/NGGE Unit 53 is an undeveloped Unit within the North Golden Gate Estates (NGGE) incorporating 305.80 acres and 108 parcels. Conservation Collier has acquired 83 parcels totaling 236.26 acres and currently owns 77% of lands within the project area. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over a historic farm field (approximately 100 acres) on the western side of Unit 53. This parcel is not within the old farm field area as it is located on the eastern side of Unit 53. Exotic invasive plants Brazilian pepper and Japanese climbing fern make up anywhere from 35% to 45% of the vegetation and exist throughout the parcel. Listed wetland dependent birds, including wood storks, snowy egrets, ibis and little blue herons have been observed during site visits to this area. No listed wildlife species have been observed; however, the entire unit is considered part of Primary Zone panther habitat Selected for the “A” category, #1 priority, on the Active Acquisition List (AAL) by CCLAAC AAL most recently approved by BCC Letter sent to Winchester Head owners Original Offer Accepted Date of Updated Offer Updated Offer Accepted 12/15/2004 1/25/2022 9/21/2022 10/03/2022 2/16/2023 2/16/2023 16.C.1.c Packet Pg. 1420 Attachment: Castillo - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 2 by the U.S. Fish and Wildlife Conservation Commission. Deer and Florida Black bears have been observed in the area. In addition to protecting wetlands and listed species habitat, another important reason for the selection of Red Maple Swamp as a conservation target is that it is connected on its north and west sides with the 60,000-acre Florida Forever Corkscrew Regional Ecosystem Watershed (CREW) Project, which includes Corkscrew Marsh, Bird Rookery Swamp, Flint Pen Strand and Audubon’s Corkscrew Swamp Sanctuary. Through them, Red Maple Swamp (and this parcel) connects with the Pepper Ranch and Caracara Prairie Preserves, private mitigation lands and lands protected under the County’s Rural Lands Stewardship Program. Conservation Collier acquisitions within NGGE Unit 53 enhance, protect, and buffer these already conserved lands. Zoning, Growth Management and Land Use Overlays: The Red Maple Swamp 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: Removal of exotic plants, construction of trails, and signage are projected management activities. An Interim Management Plan (IMP) has been drafted, approved and is updated every two (2) years. A final management plan will be developed once enough contiguous parcels have been acquired to make management actions cost effective. Currently, 131.4 acres of the preserve are under management for exotic plants. Red Maple Swamp is adjacent to Bird Rookery Swamp, where a 1,200-foot boardwalk has been built and nearly 12 miles of hiking trails have been created by South Florida Water Management District (SFWMD). Staff will coordinate with SFWMD and neighboring communities when planning for public access to Red Maple Swamp lands. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, 41st Ave NW, an unpaved limerock road, provides access and the only parking is along the road right-of-way. Minimal management activities, like regular visitation, inspection and trash removal are currently being accomplished by staff. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $2,600 $1,300 $1,300 $1,300 $650 Signage $200 Total $2,800 $1,300 $1,300 $1,300 $650 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 16.C.1.c Packet Pg. 1421 Attachment: Castillo - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 3 16.C.1.c Packet Pg. 1422 Attachment: Castillo - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 4 16.C.1.c Packet Pg. 1423 Attachment: Castillo - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between, ODALYS QUEVEDO, whose address is '105 Ease 3'd Street, Lehigh Acres, FL 33936 (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 Doltars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 ln 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". 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty -Six Thousand Six Hundred Dollars and 00/100 dollars ($26,600), (U.S Currency) payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOS|NG", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty days (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents whichever is the later. 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: 1 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41 504040004 I, AGREEMENT II. PAYMENT OF PURCHASE PRICE ilt. cLostNG ^o'oU' 16.C.1.d Packet Pg. 1424 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41 504040004 3.01'1 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: 3.01 1 1 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 3.01 12 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Afildavit," 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. 3.012 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 lll 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 Tifle policy, issued pursuant to the Commitment provided for in Section 4.01'l below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by purchaser. 2 PO 3.0114 A W-9 Form, "Request for Taxpayer ldentification and Certification" as required by the Internal Revenue Service. 16.C.1.d Packet Pg. 1425 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 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. lf 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. 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 lnsurance 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. lf 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 l'f 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. ln 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 Selleis 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. lf 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 3 Y'o( CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41 504040004 IV. REQUIREMENTS AND CONDITIONS 16.C.1.d Packet Pg. 1426 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 4'l 5M040004 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, ("lnspection 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 lf 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 lnspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the lnspection 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. ln 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 inveitigition. ^o,o 16.C.1.d Packet Pg. 1427 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAx IDENTIFICATION NUMBER: 41 504040004 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. 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 2023 taxes, and shall be paid by Seller. 9.01 lf Seller shall have failed to perform any of the covenants andior 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: 10.01 1 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. 1 0.012 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 5 -o.o VII. POSSESSION IX. TERMINATION AND REMEDIES 16.C.1.d Packet Pg. 1428 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 4'l 504M0004 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. 10.01 5 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. 1 0.017 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 Selleis operations concerning the Property are in violation of any applicable Federal, state or 6 c!'o 16.C.1.d Packet Pg. 1429 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUI,TBER: 41 504040004 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 Propefi. 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 Al 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, direcfly or indirecfly, 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 '7 ^b.o 16.C.1.d Packet Pg. 1430 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41 504040004 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. 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: lf 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 Nurth Jacobo, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Telephone number: 239-252- 7 609 Fax number: 239-252-8876 Odalys Quevedo 105 East 3'd Street Lehigh Acres, FL 33936 Telephone number: 239-877 -87 81 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 oraddressees only, unless and until such written notice ii received, the last addressee and respective address stated herein shall be deemed to confinue in effect for all purposes. B ,v.-(-,' 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 With a copy to: lf to Seller: 16.C.1.d Packet Pg. 1431 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41 504040004 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 lt 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 extendld to i-he next succeeding business day. 9 co XII, REAL ESTATE BROKERS 16.C.1.d Packet Pg. 1432 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 4'l 504M0004 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. 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. (lf 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. Dated ProjecUAcquisition Approved by BCC ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY Rick LoCastro., Chairman #Ft a3 l,) ^D'o Ronald T. Tomasko, Assistant County Attorney 10 lN WITNESS WHEREOF, the parties hereto have signed below. AS TO PURCHASER: 16.C.1.d Packet Pg. 1433 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATlON COLLIER TAx lDENTIFICATION NUMBER: 41504040004 AS TO SELLER: DATED: s/Zz/uzsT WITNESSES: (Signatu (Printed me) Nbkott+ tlttA\ (Printed Name) State of Florida County of l,Y t and lo (or dn'rn6d) bcfue mc o.r BY: Odalys Q do 12 ^b,o Clo/r, aur,,rlo chot Fi a tlc 86 7aEp2 16.C.1.d Packet Pg. 1434 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) , r'i r' l'lt 16.C.1.d Packet Pg. 1435 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41 504040004 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39960240007 LEGAL DESCRIPTION: GOLDEN GATE EST UNIT 9,I W 75FT OF E .18OFT OF TR 45 OR 1445 PG 1506. 1 . 14 acres oP 72 16.C.1.d Packet Pg. 1436 Attachment: Agreemenet for Sale and Purchase - Quevedo (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 1 Conservation Collier Land Acquisition Program Project Design Report Quevedo Property Date: March 2023 Property Owner: Odalys Quevedo Folio(s): 41504040004 Location: GOLDEN GATE EST UNIT 91 W 75FT OF E 180FT OF TR 45 Size: 1.14 acres Purchase Price: $26,600 History of Project: Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: This parcel is adjacent to the Dr. Robert H. Gore III Preserve. The Quevedo parcel was considered due to its proximity to an existing Conservation Collier preserve. The Quevedo 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 38th Ave SE off 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 Selected for the “A” category, #1 priority, on the Active Acquisition List (AAL) by CCLAAC Selected for the “A” category, #1 priority, on AAL by BCC Original Purchase offer made to owners Original Offer Accepted Date of Updated Offer Updated Offer Accepted 12/9/2022 1/25/2022 9/22/2022 9/26/2022 2/16/2023 2/16/2023 16.C.1.f Packet Pg. 1437 Attachment: Quevedo.Gore -Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 2 provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Quevedo 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. Projected 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. 16.C.1.f Packet Pg. 1438 Attachment: Quevedo.Gore -Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 3 16.C.1.f Packet Pg. 1439 Attachment: Quevedo.Gore -Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 4 16.C.1.f Packet Pg. 1440 Attachment: Quevedo.Gore -Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39954080008 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between, MICHAEL L. TORO AND PATRICIA M. TORO, AS TRUSTEES OF THE MICHAEL AND PATRICIA TORO REVOCABLE JOINT TRUST AGREEMENT, DATED APRIL, 20 2017, whose address is '18581 sw 7rH Street, Pembroke Pines, FL 33029-6002, (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. I. AGREEMENT 1.01 ln 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 -Five Thousand Eight Hundred Twenty Dollars and 00/100 dollars ($35,820.00), (U.S. Currency) payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty days (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents whichever is the later. 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: 1 op 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 (910.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: III. CLOSING 16.C.1.g Packet Pg. 1441 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39954080008 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: (b) Such other easements, restrictions or conditions of record 3.0114 A W-9 Form, "Request for Taxpayer ldentification and Certification" as required by the lnternal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article lll 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 4.01'1 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 2 ^o*o (a) The lien for current taxes and assessments. 3.01 12 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the lnternal 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. 3.0121 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 4.01 1 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. 16.C.1.g Packet Pg. 1442 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUiTBER: 39954080008 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. lf 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. 4.0't 1 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title lnsurance 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. lf 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 lf 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. ln 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. lf the survey provided by Seller or obtained by Purchaser, as certified by a registered 3 oY'o IV, REQUIREIVENTS 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; 16.C.1.g Packet Pg. 1443 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39954080008 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, ("lnspection 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 Colller program. 5.02 lf 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 lnspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller in writing of its specific objections as provided herein wlthin 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. ln the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and 4 oY'o 16.C.1.g Packet Pg. 1444 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 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. 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 2023 taxes, and shall be paid by Seller. 9.01 lf 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 A ND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.01 1 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith' and to consummate the transaction contemplated hereby. All necessary 5 v*O CONSERVATION COLLIER TAX IDENTIFICATION NUMBERT 39954080008 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 VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS IX. TERMINATION AND REMEDIES 16.C.1.g Packet Pg. 1445 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39954080008 '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. 10.01 5 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. 1 0.017 Seller represents that there are no incinerators, septlc tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 6 o o' authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certifred 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. 16.C.1.g Packet Pg. 1446 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBERi 39954080008 '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. 10.021 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 condltion 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. 10.023 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, I oP '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. 10.022 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. 16.C.1.g Packet Pg. 1447 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39954080008 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. 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: 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 lf to Seller: 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 ! op 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 lf to Purchaser: Nurth Jacobo, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Telephone number: 239-252- 7 609 Fax number: 239-252-8876 Michael L.& Patricia Toro, Trustees 18581 SW 7th Street Pembroke Pines, FL 33029-6002 Telephone number: 954-465-3484 Fax Number: N/A 16.C.1.g Packet Pg. 1448 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39954080008 addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 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. 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. 13.05 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 lf 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. 9 op XII. REAL ESTATE BROKERS XIII. MISCELLANEOUS 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. 16.C.1.g Packet Pg. 1449 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUITBER: 39954080008 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. 13.09 lf 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. (lf 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. lN WITNESS WHEREOF, the parties hereto have signed below Dated ProjecUAcquisition Approved by BCC ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY Rick LoCastro, Chairman Ronald T. Tomasko, Assistant County Attorney 10 oB AS TO PURCHASER: 16.C.1.g Packet Pg. 1450 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NIJMBER: 19954080008 AS TO SELLER: DATED:olr-tluls WITNESSES: (Signature) M*,flit bouft (Pri Name) re) (Y)rhdb (Printed Name) ,r, /,{;.kol t,t-reo 2,qn- Pa/r)ctb rn m/T) A€rrif rrtl t2 c}o 16.C.1.g Packet Pg. 1451 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) Document Name: STATE OF FLORIDA COUNTY OF -B rou ta,, rl Sworn to (or affirmed) and subscribed by p ersona I appean FL Jurat Notary Certificate g before me by physical presence this _ (name of signer(s)) n dayof /7 h /hrch ,2o!J-,by, hrch /ltra /-oro Personally known _ OR Produced identification >a Type of identification p (Nome of notory public) My commission expires: /1/O/ /2a2< roduced: ll3 YL fu s'a%'4" tct{Acto E{RrouE Gor{z LEz Notary Public, Stale ol Florida Commission, HH 337939 My mmm. e4ires Dec. 1,2026 00-74-0506NS8W 09-2020 eb'o Official Seal (County where nota rization occurred) (Signoture of notory public) 16.C.1.g Packet Pg. 1452 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAx IDENTIFICATION NUMBER: 39954080008 EXHIBIT ,,A" PROPERTY IDENTIFICATION NUMBER: 39954080008 LEGAL DESCRIPTION THE WEST 105 FEET OF TRACK 35, GOLDEN GATE ESTATES, UNIT NO.65, ACCORDING TO PLAT THEROF RECORDED IN PLAT BOOK 5, PAGE BB IN THE PUBLIC RECORDS OF COLLIER COUBTY, FLORIDA. 1 .59 acres 72 6,>0 16.C.1.g Packet Pg. 1453 Attachment: Agreement for Sale and Purchase - Toro (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 1 Conservation Collier Land Acquisition Program Project Design Report Toro Trust Property Date: March 2023 Property Owner(s): M & P Toro Rev Joint Trust Folio: 39954080008 Location: GOLDEN GATE EST UNIT 65 W 105FT OF TR 35 Size: 1.59 acres Purchase Price: $35,820 History of Project: Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: The Toro Trust parcel is within the Winchester Head multi-parcel project. Winchester Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115 parcels (158.67 acres) were identified as being important for acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels which are more than half wetland. The entire project site is within North Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection Area. One important reason for the selection of Winchester Head as a conservation target is that this area functions to provide floodplain storage for surrounding home sites during high rainy season. These types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, South Florida Water Management District and are a component of flood control for the area. Winchester Head has also been targeted for future watershed improvement projects (North Golden Gate Flowway Restoration Project) in the County’s Watershed Management Plan. At this time, Conservation Collier owns 95.84 acres out of a total of 158.67 acres, or 60% of the project area. Selected for the “A” category, #1 priority, on the Active Acquisition List (AAL) by CCLAAC AAL most recently approved by BCC Original letter sent to Winchester Head owners Original Offer Accepted Date of Updated Offer Updated Offer Accepted 12/15/04 1/25/2022 9/20/2022 10/04/2022 2/17/2023 2/17/2023 16.C.1.i Packet Pg. 1454 Attachment: Toro - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 2 Additional program criteria that would be satisfied by this acquisition include protection of surface and ground water resources, protection of wetland dependent species habitat, and good potential for restoration. This parcel is primarily cypress forest with a sparse canopy of large trees, an understory of swamp fern, royal fern, and saw grass, with a low midstory of coastal plain willow, dahoon holly, and button bush. There is a low infestation of Brazilian pepper and old-world climbing fern. A paved public road (37th Ave NE) provides access to the parcel and allows the property to be readily viewed. Zoning, Growth Management and Land Use Overlays: The Winchester Head 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: Active management of the entire project area is not feasible until a significant contiguous area can be acquired. While Winchester Head as a whole is relatively free of exotic plants, ongoing control is done annually or as needed. Exotic maintenance should be minimal and will be included in the management budget for the overall Winchester Head project. Most of the project area for Winchester Head is wetlands, and trails are not feasible. A raised boardwalk would be the best public access opportunity; however, this will not be considered until sometime well into the future of the project when more parcels are acquired. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, the three roads (37th, 39th, and 41st Streets NE) provide paved access to the project area but the only parking is the road right-of-way. At present, a visitor parking area is not available but could be constructed in the future. An educational kiosk can be placed along one of the roads through the project containing information on wetlands and on the preservation of the area. Signs can be placed at boundaries along the roadways. 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. 16.C.1.i Packet Pg. 1455 Attachment: Toro - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 3 16.C.1.i Packet Pg. 1456 Attachment: Toro - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 4 16.C.1.i Packet Pg. 1457 Attachment: Toro - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUlvlEER: 39960240007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between, FREDERICK P TROFATTER, JR AND HEATHER B TROFATTER, a married couple, whose address is 19 Qualey Rd. Gray, ME, 04039, (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 "Purchasei'). 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. 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: I. AGREEMENT 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty -Five Thousand Six Hundred Fifty Dollars and 00/100 dollars ($25,650.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSTNG',, OR "CLOSING") of the transaction shall be held on or before one hundred and eighty days (180) days following execution of this Agreement by the purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents whichever is thelater. 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: 1 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. 1.0'1 ln 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 cF" 16.C.1.j Packet Pg. 1458 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUI,TBER: 39960240007 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 3.01 12 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the lnternal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer ldentification and Certification" as required by the lnternal 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 lll hereof, shall be subject to adjustment for prorations as hereinafter set forth. 2 v'o 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 purchasei. C 16.C.1.j Packet Pg. 1459 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUIVIBER: 39960240007 3.03 Purchaser shall pay for the cost of recording the Wananty 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. lf 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. 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 lnsurance 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. lf 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 lf 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. ln 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. lf the surveyprovided by Seller or obtained by purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (bfthat an 3 IV. REQUIREMENTS AND CONDITIONS oFo 16.C.1.j Packet Pg. 1460 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39960240007 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 wlth 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, ("lnspection 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 Propefi is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. op 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 lnspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the lnspection 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. ln 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 andexpense, have the right to go upon the property for the purpose of surveying andconducting site analyses, soil borings and all other necessary inveitigltion. 1 16.C.1.j Packet Pg. 1461 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAx IDENIIFICATION NUIVIBER: 39960240007 Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-fou r (24) hours prior to said inspection of the Property. 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 ol 2023 taxes, and shall be paid by Seller. 9.01 lf 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 WARRANTIE S 10.0'1 Seller and Purchaser represent and warrant the following: 10.01 1 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 toconsummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing seller and 5 op VI, INSPECTION IX, TERMINATION AND REMEDIES 16.C.1.j Packet Pg. 1462 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39960240007 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. '10.016 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. 1 0.017 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 o.E{.)' 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 16.C.1.j Packet Pg. 1463 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39960240007 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 arc 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, direcfly 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 '1 op 16.C.1.j Packet Pg. 1464 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39960240007 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. 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: lf 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:Nurth Jacobo, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Telephone number: 239-252- 7 609 Fax number: 239-252-8876 lf to Seller 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. B XI. NOTICES Frederick P. & Heather B. Trofatter, Jr. Heather B. Trofatter. 19 Qualey Road Gray, ME,04039 Telephone number: 603-583-1779 Fax Number: N/A op 16.C.1.j Packet Pg. 1465 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39960240007 XII. REAL ESTATE BROKERS 13.0 1 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. oP 12.O1 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 13.06 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 lf 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. 16.C.1.j Packet Pg. 1466 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUITBER: 39960240007 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. 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV, ENTIRE AGREEIVIENT 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. lN WITNESS WHEREOF, the parties hereto have signed below Dated ProjecUAcquisition Approved by BCC ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality BY Rick Lo Castro , JR., Chairman * -b.o(r' Ronald T. Tomasko, Assistant County Attorney 10 $* 13.09 lf 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. (lf 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.) AS TO PURCHASER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 16.C.1.j Packet Pg. 1467 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 6AS TO SELLER: oerco: .Z- 27'23 WITNESSES: (Signature) me) *e a*he< B.(er- BY: (Signature) (Printed Name) Ju*, 6rlti: ry//L- A,g"\{UUr'1 l2 a;ubscribed and sworn to lor affirmed) before me ;!{oay of marrlr' ,2013-, at Cto-,V-loarl , Maine. JACKIE L. SHANE Notary Public - Maine My Commission Expires January 24,2028 $a."*._1,r,o,* 3-ae-13 o cr 16.C.1.j Packet Pg. 1468 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLIIER TAX IDENTIEICATION NUMBER: 3 9960240001 DATED 3 --z'l , -Z) WITNESSES: (-.r f)t><., i (Signature) Q.'-^p cr-(Stotc Ot ,b4@,, huntu ot Morb,,x5&tr#6iffi ffi,r*e="* (?, F^r r G. Rr ffi,prrrEJE-FAE BY, (Printed Name) (si gnature) fAh", a 6ar+p v^ Fu 'bgvtrt'r rl-t'la,- (Printed Name) JAITASUTAR DEsAI Not!ry Public . Stlte of Florid. Comnlsjio.r , liH 285102 Iy Comrn. tuDirej ocr 15, 2026 Eood.{ throuih Natjonal {otrr} l!!n. 72 oFo AS TO SELLER: D p..- i 16.C.1.j Packet Pg. 1469 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39960240007 EXHIBIT "A" PROPERry IDENTIFICATION NUMBER: 39960240007 LEGAL DESCRIPTION: GOLDEN GATE EST UNIT 65 E 75FT OF W 18OFT OF TR 83 OR 1287 PG 658-6'1. 1 . 14 acres 72 cp 16.C.1.j Packet Pg. 1470 Attachment: Agreement for Sale and Purchase - Trofatter (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 1 Conservation Collier Land Acquisition Program Project Design Report Trofatter Property Date: March 2023 Property Owner(s): Frederick and Heather Trofatter Folio: 39960240007 Location: GOLDEN GATE EST UNIT 65 E 75FT OF W 180FT OF TR 83 Size: 1.14 acres Purchase Price: $25,650 History of Project: Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: The Trofatter parcel is within the Winchester Head multi-parcel project. Winchester Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115 parcels (158.67 acres) were identified as being important for acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels which are more than half wetland. The entire project site is within North Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection Area. One important reason for the selection of Winchester Head as a conservation target is that this area functions to provide floodplain storage for surrounding home sites during high rainy season. These types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, South Florida Water Management District and are a component of flood control for the area. Winchester Head has also been targeted for future watershed improvement projects (North Golden Gate Flowway Restoration Project) in the County’s Watershed Selected for the “A” category, #1 priority, on the Active Acquisition List (AAL) by CCLAAC AAL most recently approved by BCC Original letter sent to Winchester Head owners Original Offer Accepted Date of Updated Offer Updated Offer Accepted 12/15/04 1/25/2022 9/20/2022 10/04/2022 2/17/2023 2/17/2023 16.C.1.l Packet Pg. 1471 Attachment: Trofatter - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 2 Management Plan. At this time, Conservation Collier owns 95.84 acres out of a total of 158.67 acres, or 60% of the project area. Additional program criteria that would be satisfied by this acquisition include protection of surface and ground water resources, protection of wetland dependent species habitat, and good potential for restoration. This parcel is primarily cypress forest with a sparse canopy of large trees, an understory of swamp fern, royal fern, and saw grass, with a low midstory of coastal plain willow, dahoon holly, and button bush. There is a low infestation of Brazilian pepper and old-world climbing fern. A paved public road (37th Ave NE) provides access to the parcel and allows the property to be readily viewed. Zoning, Growth Management and Land Use Overlays: The Winchester Head 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: Active management of the entire project area is not feasible until a significant contiguous area can be acquired. While Winchester Head as a whole is relatively free of exotic plants, ongoing control is done annually or as needed. Exotic maintenance should be minimal and will be included in the management budget for the overall Winchester Head project. Most of the project area for Winchester Head is wetlands, and trails are not feasible. A raised boardwalk would be the best public access opportunity; however, this will not be considered until sometime well into the future of the project when more parcels are acquired. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, the three roads (37th, 39th, and 41st Streets NE) provide paved access to the project area but the only parking is the road right-of-way. At present, a visitor parking area is not available but could be constructed in the future. An educational kiosk can be placed along one of the roads through the project containing information on wetlands and on the preservation of the area. Signs can be placed at boundaries along the roadways. 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. 16.C.1.l Packet Pg. 1472 Attachment: Trofatter - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 3 16.C.1.l Packet Pg. 1473 Attachment: Trofatter - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier) 4 16.C.1.l Packet Pg. 1474 Attachment: Trofatter - Project Design Report (25123 : Castillo Quevedos Toro Trofatter Conservation Collier)