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Agenda 06/27/2023 Item #16F 2 (Sale and Purchase Agreement for the acquisition of five acres of unimproved land for expansion of Fleet Management Division)16. F.2 06/27/2023 EXECUTIVE SUMMARY Recommendation to approve an Agreement for the Sale and Purchase for the acquisition of five (5) acres of unimproved land for the expansion of the Collier County Fleet Management Division ("Fleet") facility parking area at a cost not to exceed $603,550. OBJECTIVE: To approve an Agreement for the Sale and Purchase for the acquisition of five (5) acres of unimproved land for the expansion of the Collier County Fleet Management Division ("Fleet") facility parking area. CONSIDERATIONS: Since building the current facility in 2008, the Fleet vehicle and equipment count has grown thereby creating an increase in the number of vehicles and equipment parked at said site. This acquisition will meet an immediate need to expand parking for the Sheriff and County Fleet facility. Staff has negotiated an agreement with Carlo F. Zampogna, Trustee of the County Barn Land Trust dated September 15, 2021, to purchase the unimproved 5-acre parcel located to the North of the County's Fleet facility on County Barn Road. Preliminary due diligence has been conducted and a report is attached. A title commitment has been received. As such, all is in order to meet the contract closing date of July 31, 2023. Real Estate Services staff appraiser has valued the property at $600,000. The property owner has agreed to sell to Collier County for $600,000. This property and future improvements will help manage the Fleet needs for years to come allowing for improved Fleet operations and laydown areas for emergency equipment. FISCAL IMPACT: The total costs of acquisition shall not exceed $603,550 ($600,000 for property, and $400 for the title commitment, $3,075 title policy, and $75 for associated recording fees). A budget amendment is required to reallocate funding with County Wide Capital Fund (3001) to Fleet Facility Project 52009. GROWTH MANAGEMENT IMPACT: The property will need to be rezoned to the "Public Use District" and a companion Conditional Use in addition to a fifteen (15%) percent preservation of the native vegetation would be required to accommodate the proposed development. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -RTT RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1) Approves the attached Agreement for Sale and Purchase and accepts the Warranty Deed once it has been received and approved by the County Attorney's Office; 2) Authorizes the Chairman to execute the Agreement for Sale and Purchase and any and all other County Attorney's Office approved documents related to this purchase; 3) Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4) Directs the County Manager or his designee to proceed to acquire the Property, to follow all appropriate closing procedures, to record the Deed and any and all necessary documents to obtain clear title to the Property in the Public Records of Collier County, Florida. PREPARED BY: Vivian Rodriguez, Property Acquisition Specialist Real Property Management/County Manager Operations Packet Pg. 1264 16. F.2 06/27/2023 ATTACHMENT(S) 1. Agreement (PDF) 2. Location Map (PDF) 3. Appraisal (PDF) 4. Due Diligence Report - Fleet Expansion 6.2.23 (DOCX) Packet Pg. 1265 16. F.2 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.2 Doe ID: 25480 Item Summary: Recommendation to approve an Agreement for the Sale and Purchase for the acquisition of five (5) acres of unimproved land for the expansion of the Collier County Fleet Management Division ("Fleet") facility parking area at a cost not to exceed $603,550. Meeting Date: 06/27/2023 Prepared by: Title: — Facilities Management Name: Vivian Rodriguez 05/09/2023 2:27 PM Submitted by: Title: — Facilities Management Name: John McCormick 05/09/2023 2:27 PM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property Facilities Management John McCormick Director - Facilities Fleet Management John King Additional Reviewer County Manager's Office Ed Finn Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Community & Human Services Maggie Lopez Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/09/2023 2:34 PM Completed 05/09/2023 3:23 PM Completed 05/09/2023 4:42 PM Completed 06/05/2023 4:22 PM Completed 06/20/2023 9:12 AM Completed 06/21/2023 9:37 AM Completed 06/21/2023 9:56 AM Completed 06/21/2023 10:09 AM Completed 06/21/2023 10:44 AM Completed 06/21/2023 2:32 PM 06/27/2023 9:00 AM Packet Pg. 1266 1 6.F.2.a COUNTY BARN RD. — FLEET EXPANSION Property Identification No. 00406600509 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between CARLO F. ZAMPOGNA, TRUSTEE OF THE COUNTY BARN LAND TRUST DATED SEPTEMBER 15, 2021, whose address is 711 5th Avenue South, Suite 200, Naples, Florida 34102, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Purchaser"). S (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, O legal representatives, successors, and assigns.) tv WITNESSETH w WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter U- 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. L WHEREAS, Purchaser is desirous of purchasing the Property, subject to the 0° conditions and other agreements hereinafter set forth, and Seller is agreeable to such 3 sale and to such conditions and agreements. G U NOW, THEREFORE, and for and in consideration of the premises and the 00 1* LO 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: E I. AGREEMENT Q 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". a II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be SIX HUNDRED THOUSAND and no/100 DOLLARS ($600,000.00) U.S. Currency payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held no later than July 31, 2023. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: Packet Pg. 1267 16.F.2.a 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 0 .y c a x w o_ c L �o m 0 U 0 00 le LO N c a r a� E U 0 r a Packet Pg. 1268 1 6.F.2.a 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within thirty (30) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all X exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written L notice of its intention to waive the applicable contingencies or to terminate this m Agreement. r 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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," if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 The provision was deleted as an in-house appraisal was obtained per guidelines set forth in Section Four (4) of Ordinance 2007-28. Packet Pg. 1269 1 6.F.2.a VI. INSPECTION PERIOD 6.01 Purchaser shall have twenty (20) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as"a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. Vill. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. n a Packet Pg. 1270 1 6.F.2.a IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. o c 10.03 The parties acknowledge that the remedies described herein and in the x other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and a expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this Article 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. 11.014 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 Packet Pg. 1271 1 6.F.2.a that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 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. IE 11.017 Seller represents that there are no incinerators, septic tanks or o 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 x pollutants are or have been discharged from the Property, directly or indirectly w r 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 L results, and no such hazardous or toxic substances are currently used in m connection with the operation of the Property, and there is no proceeding or r inquiry by any authority with respect thereto. Seller represents that they have (it o has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller CD represents no storage tanks for gasoline or any other substances are or were LO 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. 11.018 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. 11.019 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. 11.020 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 Packet Pg. 1272 1 6.F.2.a 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. 11.021 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 o 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 x having jurisdiction of the development of the property which may restrict or w change any other condition of the Property. a U_ 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter -+3 called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the m Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "SuperFund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 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. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: Packet Pg. 1273 1 6.F.2.a If to Purchaser: Real Property Management Department 3335 Tamiami Trail East — Suite 101 Naples, Florida 34112 With a copy to: Jeff A. Klatzkow, County Attorney Office of the County Attorney Administration Building 3299 Tamiami Trail East Naples, Florida 34112 If to Seller: Carlo F. Zampogna, Trustee of The County Barn Land Trust dated September 15, 2021, 711 5' Avenue South, Ste. 200 Naples, Florida 34102 12.02 The addressees and addresses 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. XIII. REAL ESTATE BROKERS 13.01 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. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 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. 14.03 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. 14.04 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. c 0 N r- M a x w r c m 0 U 0 co LO c E L a� a :.c c a� E 0 a Packet Pg. 1274 1 6.F.2.a 14.05 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. 14.06 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. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 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. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 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. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Packet Pg. 1275 1 6.F.2.a IN WITNESS WHEREOF, the parties hereto have signed below. Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: CRYSTAL K. KINZEL, Clerk Of the Circuit Court and Comptroller , Deputy Clerk AS TO SELLER: DATED: WITNESSES: �. �/ u✓�NFM7MAAX (Signature) (Printed Name) Approved as to form and legality: Ronald 1. 1 omasko, Assistant county Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M Rick LoCastro, Chairman County Barn Land Trust dated September 15, 2021 BY: Carlo F. Zampo a, rustee 6I512,02-3 Packet Pg. 1276 16.F.2.a Exhibit "A" The East half of the following described property: The North Half (N Y2) of the North Half (N Y2) of the Southeast Quarter (SE Y4) of the Southwest Quarter (SW 1 /4) of Section 8, Township 50 South, Range 26 East, Collier County, Florida, excepting 30 feet along the West line for road right of way. 0 N c a x w m m c L M� W Y 0 V 0 00 It L N C E d N L Q Y E U 2 Y Q Packet Pg. 1277 N LL co T- Z 0 Z a W W W J LL (uoisuedx3 ;oal=l - •pN uaeg Ajunoo : 08bSZ) dew uoi;eoo-I :;uewi4oe;;y 16.F.2.c PROPERTY VALUE Appraisal Report Parcel No 004066WS09 Name/Address COUNTY BARN LAND TRUST 711 STH AVE SOUTH STE 200 City NAPLES Map No. Strap No, 5508 000100 102 5608 Site Address SlteCity NAPLES Site Zone'Note 34112 Disclaimx State FL Zip 34102 Section Township Rang. Acres 8 50 26 5 r Q Packet Pg. 1279 16.F.2.c Legal Description Property Summary ®©® She Addres Parul No Q0406600509 She City NAPLES Site Zone ,Note 34112 N.— / Add— COUNTY BARN LAND TRUST Doc alma 711 STH AVE SOUTH STE 200 Gty NAPLES Stete FL Zip 34102 Mep No, Strep No. SeRion Township Rengt Aa •Estimated SBOB 0001001025111108 a 50 26 5 Legal 8 50 26 E1/2 OF N1/2 OF N1/2 OF SE1/4 OF SW 1/4 Mllbaa Area 6 268 M Retr s •Cakulatbro Sub./Condo 1DO - ACREAGE HEADER Sdtooi Ot1rr Total Vse Cods• TO- VACANT INSTITUTIONAL 4.459 65042 10-9632 Latest Sales History 2022 Certified Tax Roll is I .0 s 1 .,... a 1. 1-1.1 „na1q, rs�elKr w r,n..R.I Date Book-" Amount Lane Valve S S25,D00 09/30/21 6020-9 $400,E 1.3 Improved Velut so 07/12/17 54174364 S 269.000 r-! Market Valve 5 525 000 10/16/15 S206-I523 SO OS/07/02 00 469 S 140 D00 .'� Assessed Value S 525 000 1.) School T—ble Value S525,000 (.) Taaehle Valve S 525,000 II .11 Valve. Mew.. . e .1 G Nu P-11 w» rINUA .f- th. ri 1 %. Re11 Real Estate Account #00406600509 Owner: 5itus: Parcel details COUNTY BARN LAND TRUST (unknown) Property Appraiser:^'" Amount Due COLLIER COUNTY TAX COLLECTOR BILL AMOUNT DUE 2022 Annual Bill $5,928.35 2021 Annual Bill $4,019.97 TotalAmount Due: $9,948.32 Not Payable Online: $4,019.97 C O C Q X LU d d LL t C L W` �1 Q U 0 Do LO N rn M L CL Q Q E M Q Packet Pg. 1280 16.F.2.c Dear Ms. Rodriguez: At your request, the County Barn Rd. parcel project is completed. The purpose of the appraisal report is to estimate the market value in fee simple interest for the subject property. The intended users for the appraisal report are Facilities Management, Fleet Department, and the Collier County Board of Commissioners. No other use is warranted. The valuation methodology is utilizing the Sale Comparison Approach. The valuation is considered "as is" for March 5, 2023. The estimated value for the subject property is Six Hundred Thousand Dollars. $600,000 dollars. ooserelt Leonard: R tC -.�c Supervisor — Real Properly -.Management Coffer County Facilities Management Real Property 333 5 Tamiami Trail E Ste. 101 Naples. FL 34112 Ph: 239-2152-2621 rooset•elt.leonard a,colliercoimti-fl.eo,: 0 .N a x w r a� d LL a: _ L M� W 0 U 0 co I* LO L CL Q. Q m E U f� r r Q Packet Pg. 1281 I 1 6.F.2.c I COUNTY BARN RD PARCEL VACANT LAND REPORT Folio No. 0046600509 Property Address Owner Name COUNTY BARN LAND TR TRUST Addresses I City I State IFI, I Zia 1 341 Legal SHORT LEGAL Section 8 TYPE. Use Code Address Proximity to Subject Sales Price Unit Price Data Source Date of Sale & Time Location ZONING TREED/CLEARED SEC 8 TWP 50 RGE 26 E 1/2 OF N 1/2 OF N 1/2 OF SE 1/4 OF SW 1/3 Township Range Acres 50 26 5 Map No. No. N ACANT LOT MillageArea Millage C O .y SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO.2 COMPARABLE NO, 3 NTY BARN RD 5525 LANDSDALE NO SITE ADDRESS NO SIGHT ADDRESS K W COUNTY BARN RD COUNTY BARN RD SANTA BARBARA BLVD d $1,300,000 $1,500,000 $12,960,001 i2 153,000 AC 185,714 AC 150,000 AC IX PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS IX DESCRIPTION +/ $ DESCRIPTION +/ $ DESCRIPTION +/-$ _ Adjustment Adjustment Adjustment m 03/30/23 $0 0/00/2022 PLUS 5% 01/20/23 $0 >1 NAPLES EQ $0 EQ $0 EQ $0 C ACCESS ACCESS $0 ACCESS $0 ACCESS 3 $0 U 5 7.0 ACRES $0 10.0 ACRES $0 21.18 ACRES 35% MINU: .. E- OVERLAY SIMILAR $0 SUPERIOR 5% MINUS SUPERIOR 5% MINUS 00 TREED SIMILAR $0 SIMILAR $0 SIMILAR $0 � CON CONSIDERATION MODERATE 35% MINUS SUPERIOR 20 % MINUS SUPERIOR 35% MINU: `N' Z rn Sales or Financing CASH CASH CASH Concessions i tZ CL Net Adj. (Total) Q Indicated Value of 120,714 AC 120,000 AC 153,000 AC = Subject d Comments on Market Data: Taking into consuderation all of the market data used and not used in the appraisal report, mots weight is placed on comparable t one. The estimated value of the subject property is $120,000 per acre. Wetlands has been taken into consideration. v to Q Final Keconcuiation: All three approaches were considered In the valuation of this parcel. The sales approach method is given most weight. The value of tl opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property. ESTIMATE MARKET VALUE: $120,000 x 5 ac +/- results in $600,000. 3/5/2023 Apprais. / z Roosevek"eonL afd Land Appraisal Report, Appraisal Form 02 Rev. 5/03/10 Packet Pg. 1282 1 6.F.2.c Subject Property Features • Treed Lot Zoning Estates • Access A strip of land 30 feet (30') wide lying 30 feet (30') on the South side of the following described center line, to wit: From the Southwest corner of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of Section 8, Township 50 South, Range 26 East, Collier County, Florida run EAST along the South line thereof for 50 feet (50') to the East right-of-way line of County Barn Road for the POINT OF BEGINNING; thence continue EAST on said South line of fractional section for 948.8 feet to the South- west corner of the Southeast quarter (SE 1/4) of the Southeast quarter (SE 1/4) of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of said Section 8 for a Point of Termination. c 0 .y c R a x w r a� a� U. rr c L R m C 3 0 U 0 co v 54 R N M L Q Q Q r_ L ci Q Packet Pg. 1283 1 6.F.2.c Location map comps 1, 2, 3 4 ► X Zoning Exception EXCP P.U.E, CU EXPNOTESI 4/24/84 PU-84-2C, 9-12- 95 CU-95-6 95- 532(INCORRECT LEGAL NOTED IN COM. MIN.) 1:9420I011:6% 0 N x W L M� W O U 0 Co LO N R N M L Q Q Q C Cd E t 0 ca w Q Packet Pg. 1284 1 6.F.2.c ADDENDA LL Packet Pg. 1285 u ( qsued x] mm]-pN meg Aunoo:0 Z |es|ejddV:uemt4oe n¥ « L \ CD a. \ \ a. Ln G / � � � G ( � I ■ 0 ) & & m k / C . ra ) \ 0 / \ @ ) m a k a $ $ [ la \ 0 t t 2 $ S k a; £ p e > E 2 2 a 2 � \ k\ & � .- E / ( 4 9 / 2 / co k\ C / &\ . ƒ 2 < i 2 2 th k Z/ .. .r- S 2 © } @ w 2 $ � ■ ) % S 5 \ ' 4-0z ■ § a.) r ( 0 _ ! f E z E LO \ f o 2 » 2 | § Q T \ 16.F.2.c MARKET VALUE DEFINED The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source: Uniform Standards of Professional Appraisal Practice, 2002 Edition. The Appraisal Standards Board of the Appraisal Foundation, Advisory Opinion 8, p_ 141. Packet Pg. 1287 16.F.2.c Sec. 2.2.3. Estates district (E). 2.2.3.1. Purpose and intent. The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County growth management plan, although in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the growth management plan or as provided under the Golden Gate Master Plan. 2.2.3.2. Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses, the estates district (E): 2.2.3.2.1. Permitted uses. 1. Single-family dwelling. 2. Family care facilities, subject to section 2.6.26. 3. Essential services, as set forth in section 2.6.9.1. 4. Schools, public. 2.2.3.2.2. Uses accessory to permitted uses. Uses and structures that are accessory and incidental to uses permitted as of right in the E district. 2. Field crops raised for the consumption by persons residing on the premises. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. a. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: 1. Fighting or baiting any animal by the owner of such facility or any other person or entity. 2. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. For purposes of this subsection, the term baiting is defined as set forth in F.S. § 828.122(2)(a), as it may be amended from time to time. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any Iot line and a minimum of 100 feet from any residence on an adjacent parcel of land. c O .y c c� O. K LU a� d LL c L M m r c O V 0 00 04 AD M L Q a Q r a d E t v Q Packet Pg. 1288 16.F.2.c One guesthouse, subject to section 2.6.14 Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. Excavation and related processing and production subject to the following criteria: a. These activities are incidental to the permitted used onsite. b. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 2.7.4. and 2.2.3.3. of the Code. 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities (category I); care units, subject to the provisions of section 2.2.3.3.6; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 6. Category II group care facilities and care units (subject to section 2.6.26) only when tenancy of the person or persons under care would not: a. Constitute a direct threat to the health or safety of other individuals; b. Result in substantial physical damage to the property of others; or C. Result in the housing of individuals who are engaged in the current, illegal use of or addition to a controlled substance, as defined in section 802 of title 21, U.S. Code. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion. a. The site area shall not exceed 20 acres. Essential services, as set forth in section 2.6.9.2. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, LDC 2.6.33.4. as it may be amended. 2.2.3.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the estates district: IF 0 .y _ M a X w m m LL tY L m 3 0 U 0 00 v N Ta N M L a 0. Q m E s 0 Q Packet Pg. 1289 1 6.F.2.c 2.2.3.4.1. Minimum lot area. Two and one-fourth acres. 2.2.3.4.2. Minimum lot width. 150. 2.2.3.4.3. Minimum yard requirements. Front yard. 75 feet, except in the case of: Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street, The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. Nonconforming through lots, i,e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, not to exceed a maximum requirement of 30 feet. Rear yard. 75 feet. 2.2.3.4.4. Maximum height. 30 feet. 2.2.3.4.5. Maximum density. One dwelling unit for each 2 1/4 acres. 2.2.3.4.6. Minimumf'oor area. 1,000 feet. 2.2.3.4.7. Minimum off-street parking. As required in division 2.3. 2.2.3.4.8. Landscaping. As required in division 2.4. 2.2.3.5. Signs. As required in division 2.5. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.13,; Ord. No. 99-6, § 3.A.; Ord. No. 99-46, § 3.A.; Ord. No. 01-34, § 3.B.; Ord. No. 02-3, § 3.13.; Ord. No. 03-01, § 3.B.; Ord. No. 03-27, § 3.C.) c 0 c c� a x w w d m U_ L W m c 0 0 tU 0 Co v U) N T .i a a Q r c 0 E s 0 0 Q Packet Pg. 1290 1 6.F.2.d Co xer County Faalities Management Di\Asion Real Property Management PRELIMINARY DUE DILIGENCE REPORT Fleet Management Expansion June 5, 2023 Purpose of Acquisition: Fleet Management Expansion, phased approach to include parking expansion in the short term and additional shop space in the longer term. Property Owner(s): Carlo F. Zampogna, Trustee of the County Barn Land Trust, dated September 15, 2021 Purchase Price: $600,000 Estimated Value: $600,000 (Prepared by staff Appraiser pursuant to Ordinance #07- 28) Size: 5 acres Price per Acre: $120,000/Acre Budget: Acquisition cost is not specifically budgeted but with Board authorization can be made available. Cost of entitlement and remediation will be included in the proposed FY24 budget. Estimated cost of parking design and construction and cost of future improvements are TBD. Folio Number: 00406600509 Current Improvements: Vacant/None Location: Contiguous to the existing Fleet Facility located on County Barn Road (Location Map is back-up to item) Access: 60-foot easement from County Barn Road. Access is also available from existing Fleet Facility. (Easement shown in Appraisal Report that is back-up to item.) Zoning: Zoned Estates n S 2 .y x w r a� as c L m 0 c� 0 00 V LO Facilities Management Building • 3335 Tamiami Trail E Suite 102 • Naples, Florida 34112 239-252-8380 Packet Pg. 1291 1 6.F.2.d Co ier County Fadlities Management Division Real Property Management Required entitlements: Rezone to "Public Use District" and a companion Conditional Use. The same process was used for the existing fleet facility with Ordinance No. 2005-07. Usable Area: Based on the existing wetland determination and environmental reports, the entire site would be classified as "native vegetation" based on the Collier County LDC definition of native vegetation. Therefore, 15% of the site must be retained as a preserve, which may not be impacted. A 0.75-acre preserve would be required per Collier County LDC requirements. The LDC also requires minimum setbacks of 25 feet for principal structures (buildings) to the preserve and 10 feet for accessory structures (including asphalt parking areas and any out- buildings). Therefore, the potential usable area is approximately 4.2 acres (including preserve and setback requirements). As a note, the above are the county requirements. The state may require additional preservation as part of its review, either as a preserve or a flood compensation area, which has also been required recently in nearby developments. Environmental Reports: Wetlands Determination: An informal wetland determination was completed in 2017 by Tropical Environmental Consultants. The property was determined to be 100% low - quality wetlands. Hydric soils and other wetland indicators were found during the site visit. This determination notes that both a state (FDEP) and federal permit would be required. Since the determination was completed, the State of Florida (DEP) has assumed authority over wetlands determined to be under the jurisdiction of U.S. Army Corps of Engineers. Typical permitting in these instances is about 12 months. Additionally, mitigation may be required. There are exotics present on -site, which through their removal on -site would reduce the cost of the mitigation. Due to the use, any mitigation required would mostly likely occur off -site. Mitigation costs will vary: the state will determine the amount of mitigation required and costs for credits vary for the type wetlands to be mitigation as well as intensity of development requiring mitigation (i.e., when higher rates of mitigation drive up the cost of mitigation credits). Facilities Management Building • 3335 Tamiami Trail E Suite 102 • Naples, Florida 34112.239-252-8380 Packet Pg. 1292 1 6.F.2.d Co xer County Fadlities Management Di\Asion Real Property Management As a note, the state considers any wetland determination older than five years as "expired; " therefore, a new wetland determination will be required at time of permitting. Enlisted/Endangered Species Report: An updated listed species survey would be required for permitting both through Collier County and the state. Per County ordinance, listed species surveys must be less than 1 year old at time of application. The informal wetland determination notes that no listed species were observed on the property; however, previous development projects within the nearby area have found Big Cypress Fox Squirrels and telemetry points for Florida Panther. Additionally, FWC has reports of Florida Black Bear within the area and this area is within the Consultation Area for the Florida Bonneted Bat. If listed species are determined to be found on -site, permitting and mitigation would be required through the State of Florida. At a minimum, management plans would be required for Florida Black Bear and Florida Panther. Anticipated remediation requirement: Wetland impacts would be mitigated on -site through exotic removal and off -site (most likely through a mitigation bank) and management for any listed species found on -site would be part of the site development plan and preserve management plan. Report prepared by: Jennifer A. Belpedio, Manager Real Property Facilities Management Building • 3335 Tamiami Trail E Suite 102 • Naples, Florida 34112 239-252-8380 Packet Pg. 1293