Agenda 07/11/2023 Item #16B 7 (Vanderbilt Beach Road Extension Phase II Project)16.B.7
07/ 11 /2023
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for the purchase of an improved tract of land (Parcel 1464FEE)
required for the Vanderbilt Beach Road Extension Phase II Project (Project No. 60249).
OBJECTIVE: To acquire right of way (Parcel 1464FEE) needed for construction of the Vanderbilt Beach Road
Extension Phase II Project (16ti' Street NE to Everglades Boulevard; the "Project").
CONSIDERATIONS: Collier County is seeking to purchase Parcel 1464FEE, located at 1086 Everglades
Boulevard N, owned by Brazil Florida Construction, LLC. Parcel 1464FEE is 2.58 acres in extent, rectangular in
shape and improved with a recently completed unoccupied new home. It is recommended to pursue acquisition of
this property in advance of right of way acquisition to avoid the costs associated with relocating any new owners,
when the home is ultimately demolished to make way for Project improvements. The property can be temporarily
utilized as staff housing or a construction field office before demolition.
An attached appraisal report prepared by Lisa Barfield, Review Appraiser, Collier County Transportation
Engineering, dated April 11, 2023, estimated the full compensation amount for Parcel 1464FEE to be $704,000. In
response to the County's request to purchase the parcel, the property owner made a counteroffer of $850,000 and
provided supporting appraisal documents. The owner also furnished a copy of a recent offer to purchase the home
for $750,000, which failed due to the inability of the potential buyer to secure financing. Considering the additional
information, Ms. Barfield prepared the attached updated appraisal, dated May 9, 2023, that increases the estimated
full compensation amount to $740,000.
The attached Purchase and Sale Agreement provides for a negotiated purchase price of $740,000. If this parcel is
not acquired by negotiation, it may have to be condemned. Significant risk factors accrue to the County in
condemnation actions, including exposure to exorbitant damages claims and liability for payment of attorney and
expert witness fees and costs. Staff accordingly recommends that the Board of County Commissioners (the Board)
approve the Agreement as a better result is not expected if Parcel 1464FEE is condemned.
FISCAL IMPACT: Funds in the amount of $740,500 will be required, being the compensation amount of
$740,000 and miscellaneous closing and recording fees in the amount of $500. The primary funding source for the
acquisition is impact fees. Should impact fees not be sufficient within the particular project, the secondary funding
source will be gas taxes.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. - DPP.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long -Range Transportation
Plan and the Collier County Growth Management Plan.
RECOMMENDATION:
Approve the attached Purchase and Sale Agreement and authorize the Chairman to execute same on behalf of
the Board;
Accept the conveyance of Parcel 1464FEE and authorize the County Manager, or his designee, to record the
conveyance instrument in the public records of Collier County, Florida;
Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Purchase and Sale Agreement to close the transaction; and
Authorize the County Manager or his designee to take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of the Purchase and Sale Agreement.
Prepared By: Robin Goldsboro, Property Acquisition Specialist I, Right of Way Acquisition, Transportation
Engineering Division.
Packet Pg. 408
16.B.7
07/ 11 /2023
ATTACHMENT(S)
1. Aerial: Parcel 1464FEE (PDF)
2. Appraisal 60249-1464FEE 11 April 2023 (PDF)
3. Purchase and Sale Agreement - 1464FEE - Brazil Florida Construction LLC (PDF)
4. Appraisal 60249-1464FEE - 9 May 2023 Final (PDF)
Packet Pg. 409
16.B.7
07/11/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.7
Doc ID: 25874
Item Summary: Recommendation to approve an Agreement for the purchase of an improved tract of land (Parcel
1464FEE) required for the Vanderbilt Beach Road Extension Phase II Project (Project No. 60249).
Meeting Date: 07/11/2023
Prepared by:
Title: Property Aquisition Specialist I — Transportation Engineering
Name: Robin Goldsboro
06/19/2023 10:36 AM
Submitted by:
Title: Division Director - Transportation Eng — Transportation Engineering
Name: Jay Ahmad
06/19/2023 10:36 AM
Approved By:
Review:
Transportation Management Operations Support Tara Castillo
Road Maintenance Marshal Miller Additional Reviewer
Transportation Engineering Bee Thao Additional Reviewer
Transportation Engineering Robert Bosch Additional Reviewer
Growth Management and Community Development Department Gene Shue
Transportation Engineering Jay Ahmad Additional Reviewer
Growth Management and Community Development Department Lisa Taylor
Transportation Management Services Department Danielle Bates
Department
Transportation Management Services Department Trinity Scott
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Community & Human Services
County Manager's Office
Board of County Commissioners
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Maggie Lopez
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
06/19/2023 10:58 AM
Completed 06/19/2023 11:29 AM
Completed 06/19/2023 11:53 AM
Completed 06/19/2023 1:02 PM
Additional Reviewer Completed
06/19/2023 1:30 PM
Completed 06/19/2023 1:32 PM
Additional Reviewer Completed
06/19/2023 1:36 PM
Transportation Management Services
Completed 06/19/2023 4:11 PM
Transportation Completed
06/19/2023 5:20 PM
Completed 06/20/2023 2:33 PM
Completed 06/20/2023 2:34 PM
Completed 06/21/2023 9:04 AM
Completed 06/22/2023 8:05 AM
Completed 07/03/2023 9:44 AM
07/11/2023 9:00 AM
Packet Pg. 410
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I Packet Pg. 411
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
PROJECT NAME: Vanderbilt Beach Road Extension (#60168), Phase 2 1 CLIENT: Collier County ROW Acquisition, Transportation Engineering
SUBJECT PROPERTY IDENTIFICATION:
Address: 1086 EVERGLADES BLVD N, Naples, FL 34120 Owner: BRAZIL FL CONSTRUCTION LLC
Legal Description: GOLDEN GATE EST UNIT 74 N 165FT OF TR 4 Property Rights Being Valued: Fee simple estate.
Tax Folio #: 40520280001 Last Sale: 07I29019 for $51,000 (Unimproved)
DESCRIPTION OF SUBJECT PROPERTY: The subject property is a 2 58-acre parcel (165 ft x 680 ft) having road frontage on Everglades Blvd N.
It is located In the outlying Golden Gate Estates area of greater Naples and is improved with a 2300 sf newly constructed single-family home (CC
issued 01/25/2023) vakh 2 -car garage. lanai and covered entry. The concrete block home has an asphalt shingle roof and contains a Living Room.
Kitchen. 48R and 3 Full Baths It is considered to have a good quality of construction. Current use is single-family residential
INTENDED USE OF THE APPRAISAL: The Vanderbilt Beach Road Extension. Phase 2, requires a large taking (Parcel 1464RDUE) that will result
in the need to demolish the newly built single-family home on the subject property. This property is currently for sale and Collier County ROW
Acquisition is considering the purchase in its entirety. This valuation of the subject property and improvements will be used in the negotiation process
(non -condemnation) for the purchase of this property if circumstances allow The purpose of this valuation process is to estimate the market value of
a real property interest.
MARKET VALUE DEFINED: The most probable price. as of a specified date, in cash, or in terms equivalent to cash. or in other precisely revealed
terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale
with the buyer and seller each acting prudently, knowledgeably, and for self-interest. and assuming that neither is under undue duress.
SCOPE OF WORK: To estimate market value of real property interest using the sales comparison approach. Complete cost or income approaches
only if necessary for credible assignment results. Perform an exterior inspection. Analyze data collected through construction plans, public records of
Collier County, and the Naples Area Board of REALTORC Multiple Listing Service.
HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS:
Hypothetical Conditions: None,
Extraordinary Assumptions: The appraiser did not inspect the interior of the subject property on the date of value. The appraiser is relying on MLS
Data and public records of Collier County to determine the interior quality of construction and interior finishes.
Limiting Conditions:
The information and opinions contained in this appraisal set forth the appraiser's best judgment in light of the information available at the time of the
preparation of this report.
This appraisal was prepared for and is the property of Collier County Board of Commissioners. Reliance upon the appraisal for other uses is
prohibited.
PROPERTY HISTORY (AGREEMENTS OF SALE, OPTIONS, OR LISTINGS WITHIN 3 YEARS OF THE EFFECTIVE DATE): The property is
currently listed for sale for $754,900. The property was listed in August 2022 for $828,000. That price was reduced to $$819.900 in October 2022,
to $799,900 in November 2022, and to the currently listed price in January 2023.
Packet Pg. 412
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
PRESENT ZONING: E-Estates
FUTURE LAND USE: Estates-Residentiai
HIGHEST AND BEST USE: Based upon an analysis of the subject property and its environs (with consideration given to zoning, physical aspects of
the subject property economiclmarket trends) the maximally productive use of the subject property would be for Estates -type single-family
development
THE SALES COMPARISON APPROACH TO VALUE: Recent sales of properties generally similar to the subject are identified and compared to the
subject Using the elements of companson, the comparable properties' sales prices are adjusted to produce value indications. The reconciliation of
these value indications is used to provide an estimate of a single value indication or a range of values.
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS: The following sales involve single-family homes located in
the Golden Gate Estates area. These sales are used to estimate the value of the subject property using the Sales Comparison Approach:
3677 8TH AVE NE, Naples, FL 34120. Sale Price: $719.900, Sale Date: 1210712022.2349 sf GLA SF with 3 bedrooms + den, 3 baths and 2 car
garage and screened lanai. Built 2022, CBS construction, good quality of construction, new condition. The homesite is 2.41 acres and is
southeast of the subject.
3861 10TH AVE NE, Naples, FL 34120, Sale Price: S699,000, Sale Date: 0210112023.2101 sf GLA SF with 4 bedrooms, 3 baths, 2 car garage.
and lanai. Built 2020, CBS construction, good quality of construction and condition. The homesite is 2.25 acres with a 24 x 45 spray foam -
insulated, metal garage and is east of the subject.
3027 18TH AVE NE, Naples, FL 34120, Sale Price: $649,000 Sale Date 01131123. 1965 sf GLA SF with 3 bedrooms + den. 2.5 baths. 2 Car
Garage, and lanai. Built 2023, CBS construction, good quality of construction, new condition. The homesite is 2.5 acres and is north of the
subject.
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS
Sale #1 is a similar Estates zoned parcel located east of Everglades Blvd in the outlying Golden Gate Estates area of greater Naples. It is slightly
inferior in site area and superior in location due to it being on a less travelled road. The adjusted sales price is $698,500.
Sale 92 is a similar Estates zoned parcel located east of Everglades Blvd in the outlying Golden Gate Estates area of greater Naples. ft is inferior in
site area and gross living area. It is superior in site amenities due to the large metal garage and in location due to it being on a less travelled road.
The adjusted sales price is S710.200.
Sale #3 is a similar Estates zoned parcel located west of Everglades Blvd in the outlying Golden Gate Estates area of greater Naples. It is inferior in
gross living area and bathroom count and slightly inferior in site area. It is similar in location since 1811 Ave NE provides the only access from
Everglades Blvd N to 16t, St NE between Randall Blvd and Golden Gate Blvd and is a heavily travelled road. The adjusted sales price is $704,600,
The sales cited show an adjusted sales range of $698,500 to $710,200. The average adjusted sales price is $704,000 (rounded). All the comparable
sales were considered good indicators of the market value estimate and were weighted evenly.
DATE OF VALUE: 04/07/2023 REPORT DATE: 04/1112023
MARKET VALUE ESTIMATE: $704,000
Page 2
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SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
CERT3FICATE OF APPRAISAL
I hereby certify that, to the best of my knowledge and belief,...
+ The statements of fact contained in this report are true and correct.
• The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,
and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• 1 have no present or prospective interest in the property that is the subject of this report. 1 am a full-time employee of
Collier County Board of County Commissioners. However, my employment is not contingent on advocating for
Collier County
• 1 have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this
report within the three-year period immediately preceding the agreement to perform this assignment.
• My engagement in the assignment was not contingent upon developing or reporting predetermined results.
• My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or
direction in value that favors the cause of my employer, the amount of the value estimate, the attainment of a
stipulated result, or the occurrence of a subsequent event,
• My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the
Uniform Standards of Professional Appraisal Practice.
• 1 have not done a personal interior inspection of the property that is the subject of this report.
• An exterior inspection of the subject property was done on 7 April 13, 2023.
• No one provided significant real property appraisal assistance to the person signing this certification.
Lisa Barfield
Lisa Barfield
Cert. Gen. RZ 2862
Review Appraiser
ROW Acquisition
Transportation Engineering Division
Collier County, Florida
Page 3
Packet Pg. 414
16.B.7.c
PROJECT: 60249
PARCEL 1464FEE
FOLIO: 40520280001
PURCHASE AND SALE AGREEMENT
(improved property, without extended possession)
THIS PURCHASE AND SALE AGREEMENT ("Agreement') is entered into this day of
, 20_, by and between BRAZIL FLORIDA CONSTRUCTION, LLC, a Florida Limited Liability
Company. whose mailing address is 1456 SE 141� Terrace, Cape Coral, Florida 33990, ("Seiler"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, c/o County Attorney's Office, Suite 800, Naples, FL 34112 (the "County").
Recitals:
A. Seller owns certain real property in Collier County, Florida, legally described as:
The North 165 feet of Tract 4, Golden Gate Estates, Unit No. 74, according to the plat thereof as
recorded in Plat Book 5, page 10, of the Public Records of Collier County, Florida.
(the land, together with any and all buildings, structures, fixtures, equipment, built-in appliances, landscaping,
and other improvements being referred to herein collectively as the "Property") together with the following
items: refrigerators, stoves, dishwashers, microwaves, washers, dryers, garage door openers and remotes,
and security devices. The term "Property" does not include Seller's furniture or furnishings (e.g., lamps, rugs,
wall hangings) (collectively, "Seller's Personal Items").
B. The County desires to purchase the Property from Seller, and Seller desires to sell the Property
to the County.
NOW THEREFORE, the parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County hereby
agrees to purchase the Property on the terms and conditions set forth in this Agreement.
2. COMPENSATION.
A. Amount. The compensation payable by the County fr- the Property shall be $740,000.00,
subject to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No
portion of the compensation is attributable to personal property.
B. Full Compensation. The payment of the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Property, including, without limitation, all
improvements located on the Property as of the date of this Agreement; and (ii) full and final settlement of all
other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the
Property to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, moving expenses, attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes.
3. PUBLIC DISCLOSURE. If Seller holds title to the Property in the form of a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall, before
the full execution of this Agreement, make a written public disclosure, according to Section 286.23, Florida
Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person
having a beneficial interest in the Property before the Property is conveyed to the County. The foregoing
'� Packet Pg. 415
16.B.7.c
notwithstanding, (i) if Seller is a corporation registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is far sale to the general public, it is exempt
from the provisions of Section 286.23, Florida Statutes, and (ii) the names and addresses of persons or entities
holding less than 5 percent of the beneficial interest in the disclosing entity are not required to be disclosed.
4. CLOSING DATE. POSSESSION.
A. Closing Date. Seller's conveyance of the Property to the County (the "Closing") shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS
OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering
Division, 2885 Horseshoe Drive South, Naples, Florida 34104.
B. No Adverse Changes; Risk of Loss. The County's obligation to close shall be contingent upon
the County having determined that, between the date that the County completes its due diligence investigations
and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title,
physical condition of the Property, or other matters previously approved by the County. Between the date of
the parties' execution of this Agreement and the Closing, risk of loss shall be borne by Seller. If the Property
is damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the
Property at Seller's expense.
C. Possession. Seller shall remove Seller's Personal Items, vacate, and surrender possession of
the Property to the County at Closing. Seller, at its sole expense, shall pay all utility expenses (e.g., electricity,
gas, water, sewer, phone, internet, cable), maintenance and repair expenses, cost of pest control, landscaping,
security, and other routine services, and all other expenses associated with the Property that accrue through
the date of Closing. Seller shall leave the Property in "broom clean" condition, free of all debris, with all
Systems and Equipment in Working Condition (defined below), and in substantially the same condition as
exists on the date of Seller's execution of this Agreement. The County shall have the right to inspect the
Property prior to Closing.
5. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Seller shall (i) provide the County with a copy of Seller's property survey and title insurance policy for the
Property, if any, and (ii) deliver the following documents to the County, properly executed and in a form
approved by the Collier County Attorney's Office (the "Closing Documents"):
(a) Warranty Deed;
(b) Closing Statement;
(c) Affidavit of Title;
(d) Form W-9 (Request for Taxpayer Identification Number and Certification);
(e) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Documents;
(f) A Satisfaction, Release, or Termination from the holder of each mortgage or other lien open of
record encumbering the Property;
(g) Evidence of termination of any leases or rental agreements that encumber the Property;
(h) A termination or vacation of any existing easement that encumbers the Property, if required by
the County; and
(i) Such other documents as the County or title company deems necessary or appropriate to clear
title to the Property.
Fallowing the Closing, Seller shall execute any and all additional documents as may be requested by the
County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
6. CLOSING COSTS AND DEDUCTIONS.
A. County's Closing Costs. At Closing, the County shall pay (i) the recording fees to record the
conveyance instrument(s) and any curative instruments required to clear title; and (ii) the cost of an owner's
policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable
2
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16.B.7.c
costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the
delivery of properly executed Satisfaction, Releases, or Terminations of any liens open of record encumbering
the Property. The County shall have sole discretion as to what constitutes "reasonable costs and/or processing
fees."
B. Seller's Closing Costs. At Closing, Seller shall pay (i) all real estate broker/agent commissions
and fees; (ii) all state documentary stamp taxes required on the conveyance instrument(s) in accordance with
Section 201.01, Florida Statutes, unless the Property is acquired under the threat of condemnation, in which
case the conveyance is exempt from state documentary stamp taxes; (iii) the cost of discharging any
outstanding mortgages and other indebtedness secured by a lien on the Property; (iv) all taxes and
assessments that are due and payable; and (v) the full amount of condominium/homeowner association special
assessments and governmentally imposed liens or special assessments (other than CDD/MSTU
assessments which are a lien or a special assessment that is certain as to the Identity of the lien or or assessor,
the property subject to the lien or special assessment, and the amount of the lien or special assessment. If
the Property is located within a Community Development District ("CDD") or Municipal Service or Benefit
Taxing Unit ("MSTU"), the County shall assume any outstanding capital balance.
C. Prorations. The following items shall be prorated as of the date of Closing, with the County
entitled to the date of Closing: (i) ad valorem and non -ad valorem taxes based upon the most current
assessment available, without discount, provided that if the current year's tax bill is not yet available, but a
TRIM Notice has been issued, the ad -valorem taxes shall be prorated based upon the amount set forth therein;
(ii) condominium/homeowner association assessments (other than those required to be paid in full under
subparagraph B of this paragraph), and (iii) CDD/MSTU operating and maintenance assessments.
7. INSPECTIONS.
A. Inspections. Following the date of the parties' execution of this Agreement, the County shall
have the right, at its sole cost and expense, to conduct whatever investigations and inspections of the Property
that it deems appropriate, including, without limitation, a title examination, property survey, appraisal, building
inspections, environmental assessments, engineering studies, soil borings, determination of Compliance of the
Property with applicable laws, and the like. Seller shall provide the County with reasonable access to the
Property to conduct on -site inspections. The County shall promptly repair any damage to the Property caused
by such on -site Inspections.
B. County's Right to Terminate. Notwithstanding anything in this Agreement to the contrary, the
County's obligations under this Agreement to acquire the Property are contingent upon the County's
satisfaction with the Property, including, without limitation, as revealed by the County's investigations and
inspections as set forth herein. If, prior to the Closing, the County identifies any objectionable matters and
determines that such objections cannot be resolved to the County's satisfaction through reasonable diligence,
within a reasonable period of time, and at a reasonable cost, all as determined by the County in its sole
discretion, the County shall have the right to terminate this Agreement by written notice to Seller, whereupon
neither party shall thereafter have any rights or obligations under this Agreement. The County may, but shall
not be required to, provide Seller with an opportunity to rectify such objections.
8. SELLER'S REPRESENTATIONS AND WARRANTIES AS TO PHYSICAL CONDITION. Seller
makes the following representations and warranties on the date of Seller's execution of this Agreement, and
shall be deemed to have repeated same at Closing:
(a) Hidden Defects. Seller knows of no facts or conditions materially affecting the value of the
Property, except those that are readily observable by the County or that have been disclosed by
Seller to the County in writing prior to the date of the County's execution of this Agreement.
(b) Radon Gas. Florida law requires the following disclosure: Radon is a naturally occurring
radioactive gas that, when it has accumulated In a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information regarding radon
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16.B.7.c
and radon testing may be obtained from your county health department. Seller has no
knowledge of the existence of radon on the Property or any radon mitigation having been
performed on the Property.
(c) Lead Based Paint/Paint Hazards. If construction of the residence on the Property was
commenced prior to 1978, Seller is required to complete, and the parties are required to sign
and attach to this Agreement, the addendum entitled "Lead -Based Paint and/or Lead -Based
Paint Hazards Attachment to Sales Contract: Disclosure of Information and Acknowledgement."
(d) Mold. Molds are commonly found both indoors and outdoors. Interior infestation by certain
molds may cause property damage and health problems for some persons. Seller has no
knowledge of any mold remediation having been performed on the Property.
(e) General. Except as to any facts or conditions disclosed to the County as required under
subparagraph (a) of this paragraph, Seller warrants that all items included in this Agreement,
including, without limitation, appliances and equipment; sprinkler, well, septic, heating, cooling,
electrical, plumbing and security systems; major mechanical components; roof, including fascia
and soffits; ceiling, structural walls, and foundation; swimming pool, spa and pool/spa deck;
seawalls, docks, boat lifts/davits and related electrical and mechanical components, if any
(collectively, "Systems and Equipment") are in Working Condition. "Working Condition" shall
mean operating in a manner in which the Systems and Equipment were designed to operate.
The roof, ceiling, interior and exterior walls, foundation, swimming pool, spa, and pool/spa deck,
if any, shall be considered in Working Condition if structurally sound and watertight. Seawalls
and docks, if any, shalt be considered in Working Condition if structurally sound. Seller shall not
be required to repair or replace any Cosmetic Condition. "Cosmetic Condition" shall mean an
aesthetic imperfection that does not affect the Working Condition of the item, including corrosion;
tears; worn spots; discoloration of floor covering or wallpaper or window treatments; missing or
torn screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in
windows, driveways, sidewalks, spa/pool decks, and garage, tile, lanai and patio floors; cracked
roof tiles, curling or worn shingles and limited roof life; so long as there is no evidence of
structural damage or leakage.
9. SELLER'S ADDITIONAL REPRESENTATIONS AND WARRANTIES. Seller makes the following
additional representations and warranties on the date of Seller's execution of this Agreement, and shall be
deemed to have repeated same at Closing:
(a) Seller is the sole owner of fee simple title to the Property and has full right, power, and authority
to own and operate the Property, to execute this Agreement, and to fulfill Seller's obligations
under this Agreement and the Closing Documents.
(b) No tenant or other party has any right or option to acquire the Property or to occupy the Property,
or, if applicable, Seller shall disclose same to the County in the applicable Closing Documents.
(c) Seller's title to the Property is free and clear of all mortgages and other liens and encumbrances,
except as may be disclosed in the title commitment, title report, or attorney title opinion obtained
or to be obtained prior to the Closing.
(d) Between the date of Seller's execution of this Agreement and the Closing, Seller shall not do
anything to encumber the title to the Property, or convey the Property to a third party, or grant
to any third party any rights of any kind with respect to the Property, or d❑ anything to change
or permit to be changed the physical condition of the Property, without in each instance obtaining
the County's prior written consent, which may be granted or withheld in the County's sole
discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, or other
contracts affecting the Property shall remain in effect following the Closing.
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16.B.7.c
(f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability
to perform Seller's obligations under this Agreement.
(g) The Property is in compliance with all federal, state and local laws, including, without limitation,
environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous
substances have been used, generated, stored, treated, or removed from the Property, nor is
there any lawsuit, proceeding, or investigation regarding same; the Property has never been
used as a landfill, and there are no underground storage tanks on the Property; there has been
no spill, contamination, or violation of environmental laws pertaining to any contiguous property;
and Seller has not received notice and otherwise has no knowledge of any existing or threatened
environmental lien against the Property.
(h) Seller has utilized a real estate broker or agent in connection with Seller's sale of the Property
to the County. Any real estate sales commission or other fees attributable thereto shall be the
sole expense of the Seller.
(i) None of the improvements located on the Property encroach upon adjoining properties, and no
improvements located on adjoining properties encroach upon the Property.
10. DEFAULT; REMEDIES. If either party fails to perform any of its obligations under this Agreement
and fails to cure such failure within 15 days after receiving written notice thereof from the non -defaulting party,
the non -defaulting party shall have the right to terminate this Agreement by giving written notice of termination
to the defaulting parry; without limitation of any other rights and remedies available to the non -defaulting party
at law or in equity, including, without limitation, the right to seek specific performance, and to recover damages,
including attorney fees and court costs, in connection with such default; all rights and remedies being
cumulative.
11. INDEMNIFICATION; WAIVER OF CLAIMS. Seller shall indemnify, defend, and hold the County
harmless from and against all claims and actions asserted against the County, and all damages, losses,
liability, penalties, fines, costs and expenses, including, without limitation, attorney fees and court costs,
suffered or incurred by the County, arising from (i) Seller's representations and warranties in this Agreement
or in any of the Closing Documents if untrue; or (ii) Seller's failure to perform any of Seller's obligations under
this Agreement, irrespective of whether the County delivers a written notice of default to Seller; or (iii) injuries,
accidents, damage to Seller's personal property, or other incidents occurring on the Property prior to Closing.
12. NOTICES. All notices given by either party to the other under this Agreement shall be in writing
and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the
parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other
address as may be specified by either party from time to time by written notice to the other party. Notices shall
be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing
13. GENERAL PROVISIONS.
A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties
5
Packet Pg. 419
16. B.7.c
E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a
Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to the Closing, including, without limitation, Seller's representations, warranties, indemnity obligations,
shall survive the Closing-
G. Severability. If any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect-
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision
of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific instance to which it relates and shall not be construed as a continuing waiver as to future instances or
as a waiver of any other provision.
I. Governing Law; Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
IN WITNESS WHEREOF. the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
{SIGNATURE PAGE FOLLOWS}
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16.B.7.c
Date: 12023 SELLER: m
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BRAZIL FLORIDA CONSTRUCTION, LLC, a Florida i
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CRYSTAL K. KINZEL, Clerk of the
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Exhibit A
LINE
VANDERBILT BEACH ROAD NORTH
RTR4CT 4 OF
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PROPOSED
PARCEL 1454 RDUE ti ^"11
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RDUE = ROADWAY, DRAINAGE AND UTILITY EASEMENT
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PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF CHE PUBLIC PER PLAT BOOK 5, PAGE 10
511
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LENGTH
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100.00'
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487,46'
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LEGAL DESCRIPTION FOR PARCEL 1464 ROUE
A PORTION OF TRACT 4, GOLDEN GATE ESTATES UNIT 74, AS RECORDED IN PLAT BOOK 5, PAGE 10. OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 32. TOWNSHIP 48 SDUTH, RANGE
28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY ❑ESCRISED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 4;
THENCE S 00'28' 18"E., ALONG THE EAST LINE OF SAID TRACT 4, FOR 100.00 FEET;
THENCE S.89-31'07"W„ FOR 457,46 FEET;
THENCE S.44"31' 10" W„ FOR 73.01 FEET;
THENCE S.50'28'40"E., FOR 13.41 FEET;
THENCE S-89'31'11"W., FOR 91,00 FEET TO A POINT ON A LINE LYING 50 FEET EASTERLY OF AND
PARALLEL TO THE WEST LINE OF SAID TRACT 4;
THENCE N.00'28'40"W , ALONG SAID PARALLEL LINE. FOR 165 04 FEET TO A POINT ON THE NORTH LINE OF
SAID TRACT 4;
THENCE N.89'31'07'E., ALONG SAID NORTH LINE, FOR 630.09 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIEIED PARCEL
CONTAINING 70.260 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE,
C 60 1?0 240,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE- 1'-120'
FOR: COLLIER COUNTY GOVERNMENT 90ARO OF COUNTY COMMISSIONERS
VANDERBILT BEACH ROAD ERTENSTON
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE &
PARCEL 1464 RDUE UTILITY EASEMENT
COLLIER COUNTY, FLORIDA
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PacketP22
16.B.7.d
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
PROJECT NAME: Vanderbilt Beach Road Extension (#60168), Phase 2
CLIENT: Collier County ROW Acquisition, Transportation Engineering
SUBJECT PROPERTY IDENTIFICATION:
Address: 1086 EVERGLADES BLVD N, Naples, FL 34120
Owner: BRAZIL FL CONSTRUCTION LLC
Legal Description: GOLDEN GATE EST UNIT 74 N 165FT OF TR 4
Property Rights Being Valued: Fee simple estate.
Tax Folio #: 40520280001
Last Sale: 07/29/2019 for $51,000 (Unimproved)
DESCRIPTION OF SUBJECT PROPERTY: The subject property is a 2.58-acre parcel (165 ft x 680 ft) having road frontage on Everglades Blvd N.
It is located in the outlying Golden Gate Estates area of greater Naples and is improved with a 2300 sf newly constructed single-family home (CO
issued 01/25/2023) with 2 -car garage, lanai and covered entry. The concrete block home has an asphalt shingle roof and contains a Living Room,
Kitchen, 4BR and 3 Full Baths. It is considered to have a very good quality of construction. Current use is single-family residential.
INTENDED USE OF THE APPRAISAL: The Vanderbilt Beach Road Extension, Phase 2, requires a large taking (Parcel 1464RDUE) that will result
in the need to demolish the newly built single-family home on the subject property. This property is currently for sale and Collier County ROW
Acquisition is considering the purchase in its entirety. This valuation of the subject property and improvements will be used in the negotiation process
(non -condemnation) for the purchase of this property if circumstances allow. The purpose of this valuation is to estimate the market value of a parent
tract of parcel 1464RDUE.
MARKET VALUE DEFINED: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed
terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale,
with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.
SCOPE OF WORK: To update the estimate of market value using the sales comparison approach. The property was previously inspected (exterior)
and appraised for $704,000 on April 7, 2023. The appraiser was subsequently made aware of an offer to purchase, this will be considered, and the
sales comparison approach will be updated with two recently closed comparable sales. Cost or income approaches are not necessary for credible
assignment and will not be developed. An interior and exterior inspection of the subject will be performed. Further collected through construction
plans, public records of Collier County and the Naples Area Board of REALTOR@ Multiple Listing Service will be analyzed.
HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS:
Hypothetical Conditions: None.
Extraordinary Assumptions: The appraiser is relying on MLS Data and public records of Collier County to determine site amenities of comparable
properties.
Limiting Conditions:
The information and opinions contained in this appraisal set forth the appraiser's best judgment in light of the information available at the time of the
preparation of this report.
This appraisal was prepared for and is the property of Collier County Board of Commissioners. Reliance upon the appraisal for other uses is
prohibited.
PROPERTY HISTORY (AGREEMENTS OF SALE, OPTIONS, OR LISTINGS WITHIN 3 YEARS OF THE EFFECTIVE DATE): The property was
withdrawn from a sales listing on the MLS as of 2 May 2023. The property was last listed for sale at $749,999. The property was previously listed in
August 2022 for $828,000. That price was reduced to $$819,900 in October 2022, to $799,900 in November 2022, and to $754,900 in January 2023.
An offer of purchase was placed for $750,000 on 14 February 2023. The property owner did not accept this offer in hopes of getting more money.
The buyer's agent was interviewed, and this was found to be a good faith offer by a prudent, knowledgeable, and self -interested party.
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16.B.7.d
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
PRESENT ZONING: E-Estates
FUTURE LAND USE: Estates -Residential
HIGHEST AND BEST USE: Based upon an analysis of the subject property and its environs (with consideration given to zoning, physical aspects of
the subject property, economic/market trends) the maximally productive use of the subject property would be for Estates -type single-family
development.
THE SALES COMPARISON APPROACH TO VALUE: Recent sales of properties generally similar to the subject are identified and compared to the
subject. Using the elements of comparison, the comparable properties' sales prices are adjusted to produce value indications. The reconciliation of
these value indications is used to provide an estimate of a single value indication.
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS: The following sales involve single-family homes located in
the Golden Gate Estates area. These sales are used to estimate the value of the subject property using the Sales Comparison Approach:
1. 3861 10TH AVE NE, Naples, FL 34120, Sale Price: $699,000, Sale Date: 02/01/2023. 2101 sf GLA SF with 4 bedrooms, 3 baths, 2 car garage,
and lanai. Built 2020, CBS construction, good quality of construction and condition. The homesite is 2.35 acres with a 24 x 45 spray foam -
insulated, metal garage and is east of the subject.
2. 3132 2ND AVE SE, Naples, FL 34117, Sale Price: $750,000, Sale Date: 03/13/2023. 2161 sf GLA SF with 3 bedrooms, 3 baths and 3 car
garage and screened lanai. Built 2022, CBS construction, very good quality of construction, new condition. The homesite is 2.81 acres and is
south of the subject on the corner of Everglades and 2nd Ave SE.
3. 2286 2ND AVE SE, Naples, FL 34117, Sale Price: $825,000 Sale Date: 04/28/23. 2413 sf GLA SF with 4 bedrooms + den, 3 baths, 2 Car
Garage, and screened lanai. Built 2023, CBS construction, very good quality of construction, new condition. The homesite is 2.27 acres and is
south of the subject.
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS
Sale #1 is a similar Estates zoned parcel located east of Everglades Blvd in the outlying Golden Gate Estates area of greater Naples. It is inferior in
site area and gross living area. It is superior in site amenities due to the large metal garage and the location on a less travelled roadway. The
adjusted sales price is $710,200.
Sale # 2 is a similar Estates zoned parcel located east of Everglades Blvd in the outlying Golden Gate Estates area of greater Naples. It is slightly
superior with a screened lanai and in site area, and superior in parking accommodation. The improvements are inferior in gross living area. The site
is considered very similar in location due frontage the frontage on Everglades Blvd. The adjusted sales price is $741,800.
Sale #3 is a similar Estates zoned parcel located West of Everglades Blvd in the outlying Golden Gate Estates area of greater Naples. It is slightly
superior with a screened lanai, in gross living area and in quality of construction. It is inferior in site area. The location is superior on a less travelled
road. The adjusted sales price is $766,300.
The sales cited show an adjusted sales range of $710,200 to $766,300. The average adjusted sales price is $739,600 (rounded). All the comparable
sales were considered good indicators of the market value estimate. Comparable 2 was weighed slightly more due to the similar location with
frontage on Everglades. The final indicated value is $740,000.
DATE OF VALUE: 05/05/2023 REPORT DATE: 05/09/2023
MARKET VALUE ESTIMATE: $740,000
Page 2
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16.B.7.d
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
CERTIFICATE OF APPRAISAL
I hereby certify that, to the best of my knowledge and belief...
• The statements of fact contained in this report are true and correct.
• The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,
and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report. I am a full-time employee of
the Collier County Board of County Commissioners. However, my employment is not contingent on advocating for
Collier County
• I previously appraised/inspected (exterior) the property April 7, 2023. I have performed no additional services, as an
appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period
immediately preceding the agreement to perform this assignment.
• My engagement in the assignment was not contingent upon developing or reporting predetermined results.
• My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or
direction in value that favors the cause of my employer, the amount of the value estimate, the attainment of a
stipulated result, or the occurrence of a subsequent event.
• My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the
Uniform Standards of Professional Appraisal Practice.
• I have not done a personal interior inspection of the property that is the subject of this report.
• An interior and exterior inspection of the subject property was done on 5 May 2023.
• No one provided significant real property appraisal assistance to the person signing this certification.
Lisa Barfield Date 21023.05.10 W 09:5-0'00'
Lisa Barfield
Cert. Gen. RZ 2862
Review Appraiser
ROW Acquisition
Transportation Engineering Division
Collier County, Florida
Page 3
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