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CCLAAC Agenda 07/14/2023AGENDA 28.A.2 CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE July 14, 2023, 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F"), Third Floor All interested parties are invited to attend, and to register to speak. Individuals who would like to participate in person must complete and submit a speaker form. Members of the public who would like to participate remotely, should register HERE to fill out the online speaker registration form. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. Individuals who register online will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Summer Araque at (239) 252-2979 or email to: ConservationCollier@colliercountyfl.gov Roll Call A. Approval of CCLAAC Members attending the meeting remotely Approval of Agenda III. Approval of June 7, 2023, Meeting Minutes IV. Old Business A. Acquisition Updates Current Acquisition Status report updated monthly in advance of CCLAAC meeting provided as part of meeting packet and under Acquisition News at www.conservationcollier.com B. Purchase Agreements 1. Dr Robert H. Gore Preserve multi -parcel -project a) Arias b) Berman Trust c) Fontela d) Trigoura e) Weir Trust 2. North Belle Meade Preserve a) Geren Trust b) Gutierrez c) Scotti d) Sponseller 3. Panther Walk Preserve multi -parcel project a) McGinnis/Magner b) Repola Braffman c) Scalley 4. Winchester Head Preserve multi -parcel project a) Perona Other purchase agreements ready before the meeting will be posted online here: https://www.colliercountyfl.gov/government/pu blic-services/divisions/conservation- collier/agendas-minutes/2023-meeting-packets and presented to the committee V. New Business A. Cycle 12A Initial Criteria Screening Report (ICSR) Packet Pg. 192 28.A.2 1. Symphony Properties, LLC B. Acquisition Cycle 12A Property Summary, Public Comments, and Ranking The Committee will be taking Public Comments in advance of the Ranking. Public speakers may speak on any or all of the properties on the Cycle 12A Property list: 1. Matlalatl LLC 2. North Belle Meade Preserve Project — Murawski Trust 3. North Belle Meade Preserve Project — Volpe Trust 4. Pepper Ranch Preserve Project - Rosbough Enterprises 5. Symphony Properties LLC 6. Multi -parcel Projects a) Dr. Robert H. Gore III Preserve (154 parcels) b) Panther Walk Preserve (203 parcels) c) Red Maple Swamp (21 parcels) d) Winchester Head (39 parcels) 7. Re -rank B-list properties from Cycle 11A and Cycle 11 B a) Dombrowski b) H C & J S Adams Trust c) Hoffman d) Mcllvane Marsh Project — Connection Investors e) Sanitation -Bethune Per Ordinance 2019-03 and the Ranking Procedure: ].)Committee will rank properties A, B, or C. 2.) Will prioritize the A properties with a], 2, or 3. 3.) Then vote on the overall ranking results. VI. Subcommittee Reports A. Lands Evaluation & Management — Chair, Ron Clark — upcoming meeting September 21, 2023 B. Outreach — Chair, Brittany Patterson -Weber — last meeting January 20, 2023 C. Ordinance Policy and Rules — Chair, Michele Lenhard - last meeting June 1, 2022 VII. Coordinator Communications A. BCC items heard by CCLAAC B. Miscellaneous Vill. Chair and Committee Member Comments IX. Public General Comments X. Staff Comments XI. Next Meeting September 6, 2023 XII. Adjourn ****************************************************************************************************** Packet Pg. 193 28.A.2 Committee Members: Please notify Summer Arague at 239-252-2979 no later than noon Wednesday, July 12, 2023, if you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item. r Q Packet Pg. 194 June 7, 2023 MINUTES OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE MEETING Naples, Florida, June 7, 2023 LET IT BE REMEMBERED, the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 31 Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIR: Michele Lenhard VICE CHAIR: Brittany Patterson -Weber (Excused) Gary Bromley Ron Clark Karyn Allman Rhys Watkins John Courtright Corey McCloskey (Vacancy) ALSO PRESENT: Summer Araque, Conservation Collier Program Coordinator Sally Ashkar, Assistant County Attorney Melissa Hennig, Environmental Specialist I Clif Maehr, Environmental Specialist I Mitchell Barazowksi, Environmental Specialist I June 7, 2023 1. Roll Call Chair Lenhard called the meeting to order at 1:OOP.M. Roll call was taken and a quorum was established with 7 Members present. A. Approval of CCLAAC Members attending the meeting remotely All Members were present in the Boardroom. 2. Approval of Agenda Mr. Bromley moved to approve the Agenda subject to continuing Item 4.].B.A. Second by Ms. Allman. Carried unanimously 7— 0. 3. Approval of May 3, 2023 Meeting Minutes Mr. Bromley moved to approve the minutes of the May 3, 2023 meeting as presented. Second by Ms. Allman. Carried unanimously 7— 0. 4. Old Business A. Acquisition Updates - Current Acquisition Status report updated monthly in advance of CCLAAC meeting provided as part of meeting packet and under Acquisition News at www.conservationcollier.com Ms. Araque provided the following updates: Cycle 10: The "Cycle 10 and 11 Property Status Updated May 30, 2023 " was created for information purposes. The report will be updated monthly including which parcels the County has acquired to date, offers made by the County, pending acquisitions and those properties where the owner withdrew the application. Six properties are scheduled for real estate closings in June. Cycle I IA: All offers to the 20 properties have been made with 16 accepted by owners. B. Purchase Agreements The Committee approved the Purchase and Sale Agreements listed below in one motion but were listed separately for recording purposes. 1. Dr. Robert H. Gore Preserve multi -parcel project a) Arias Continued 2. Panther Walk Preserve multi -parcel project a) Vaz Mr. Clark moved to recommend the Board of County Commissioners approve the Purchase and Sales Agreement for the Vaz property as presented by Staff. Second by Ms. Allman. Carried unanimously 7— 0. Other purchase agreements ready before the meeting will be posted online here: https: //www. colliercountyfl.gov/government/public-services/divisionslconservationcollier/agendas- C. Rosbough Enterprises Initial Criteria Screening Report Update Ms. Hennig presented the Updated ICSR "Conservation Collier Land Acquisition Program Initial Screening Report for the Rosbough Enterprises. " The 2 parcels are in the Pepper Ranch Preserve Mailing area (Cycle 11), 23.50 acres in size, received a score of 213 out of 400 and have an assessed value of $195,000. She noted the scores decreased due to the reduction in size of the total proposed acquisition to 2 parcels. 2 June 7, 2023 5. New Business A. Committee Member Application(s) Ms. Araque reported Nicholas Pearson has applied to fill the vacant seat on the Committee. Speaker Mr. Pearson spoke of his desire to serve on the Committee. Mr. Watkins moved to recommend the Board of County Commissioners appoint Nicholas Pearson to the Conservation Collier Land Acquisition Advisory Committee. Second by Mr. Clary Carried unanimously 7 — 0. B. Land Management Plan Updates 1. Panther Walk Preserve 10-year update Land Management Plan Mr. Barazowksi presented the "Panther Walk Preserve Multi Parcel Project Land Management Plan 10 Year Update " April 2023 — April 2028 " for consideration and the PowerPoint "Panther Walk Preserve Multi -Parcel Project Area " for information purposes. He noted: • The Preserve encompasses 300 parcels, 600 acres and is in the northern reach of Horsepen Stand. • Sixteen parcels have been acquired totaling 30.37 acres with more acquisitions in process. • Promoting the growth and sustainment of native vegetation is the primary management activity as the lands are a flowway and provide water filtration and important plant/wildlife habitat. • There is a 1/3 mile hiking trail which may be expanded as more parcels are acquired. • Other priorities include improving security on site to reduce opportunities for trash disposal and ATV activities. • A public meeting was held on the plan which was well received by those in attendance. During Committee discussion, the following was noted: • Staff are not aware if other agencies consider any impacts on County preserves when planning projects. • The Plan accounts for acquisition of all properties, however if the need arises, it may be amended as necessary. • The nearby elementary school named the Preserve and Staff coordinates any use by the school when requested. • Representatives of the Big Cypress Basin support acquisition of the properties. Speakers Andy Wells -Bean, Audubon Western Everglades introduced himself to the Committee noting he was recently appointed to the position of Executive Director and thanked the Committee for their work. Brad Cornell Audubon of Southwest Florida/Audubon Western Everglades noted the area provides important hydrologic restoration features and positive environmental aspects which reduces the potential for wildfires. He encouraged collaboration with other agencies to facilitate hydrologic restoration in the area. 3 June 7, 2023 Ms. Araque noted hydrologic restoration aspects are referenced in the plan and will add any language as necessary regarding the potential for collaboration with other parties such as County Transportation or Stormwater Management. Mr. Courtright moved to recommend the Board of County Commissioners approve the Panther Walk Preserve Multi Parcel Project Land Management Plan 10 Year Update "April 2023 — April 2028 as presented by Staff. Second by Ms. McCloskey. Carried unanimously 7 — 0. 2. Red Maple Swamp Preserve First Final Land Management Plan Mr. Maehr presented the "Red Maple Swamp Preserve Final Land Management Plan — March 2023 — March 2028 " for consideration and the PowerPoint "Red Maple Swamp Preserve Final Management Plan " for information purposes. He noted: • The Preserve contains 305.69 acres of land with 237.43 acres acquired to date (83 parcels). • The area is part of the Corkscrew Regional Watershed and provides necessary wildlife habitat. Management primarily consists of vegetation control including chemical and mechanical treatments to remove exotic species and prescribed burns. The preserve is closed to the public but future concepts include regulated hunting, construction of walking trails and collaborations with CREW (Corkscrew Regional Ecosystem Watershed) on activities. During Committee discussion it was noted the preserve is located adjacent to the CREW Bird Rookery Swamp and the feasibility of shared parking use should be investigated. Mr. Bromley moved to recommend the Board of County Commissioners approve the "Red Maple Swamp Preserve Final Land Management Plan — March 2023 — March 2028" as presented by Staff. Second by Mr. Courtright. Carried unanimously 7 — 0. C. Cycle 12A Initial Criteria Screening Report (ICSR) 1. Matlalatl, LLC Ms. Hennig presented the ICSR "Conservation Collier Land Acquisition Program Initial Screening Report for Matlalatl, LCC. " The 3 parcels are in Key Marco Homeowners Association (a gated residential community) on Blue Hill Creek Drive, Marco Island. They total 2.83acres in size, received a score of 246 out of 400 and have an assessed value of $978,601. During Committee discussion, the following was noted: • Staff should determine any impacts of erosion year over year due to its location. • The parcels are subject to the Deltona Settlement Agreement and investigation should occur determine any impacts the agreement has on the parcels. Speaker Nicholas Pearson noted the lands are privately owned and subject to the Deltona Settlement Agreement. They may not be subject to State review for wetlands, however Federal permitting addressing wetlands, wildlife and other impacts is probably required to develop the parcels. Joshua Carter, Community Manager, Key Marco Homeowners Association reported the parcels are part of a homeowner association and a Community Development District (CDD). The annual fees for the CDD are $4,800 for the 3 lots, the annual fees for the HOA are $18,600 for the 3 lots, and there is a Capital Contribution Fee required upon transfer in the amount of $6,000 per lot. El June 7, 2023 Herb Krutisch, President, Key Marco Homeowners Association noted the Board of Directors were unaware the owner made application to the County and will be discussing the issue at an upcoming Board meeting. During Committee discussion, the following was noted: • A concern about the transfer costs and recurring fees associated if the property is acquired. • The Committee previously determined to forward the parcels to the ranking meeting and any available information may be considered at that time when the Committee prioritizes the properties to be purchased by the County. Speaker Kevin Kerins, Vice President Key Marco HOA noted the settlement agreement for the neighborhood involved 446 acres of land, 375acres dedicated to mitigation and 137 residential lots. The Committee noted the following information should be provided if possible: • Clarification on the Deltona Settlement Agreement's impact on the lands. • Whether the HOA/CDD is interested in reducing or eliminating any fees associated with the property should it be acquired by the County. Mr. Krutisch noted the community infrastructure is aging and the HOA/CDD Membership would need to approve any fee changes. They may not be interested given the potential loss in revenue as the Capital Contribution Fee was recently raised from $1,400 to the current $6,000 level. D. Cycle 12A Initial Screening Criteria (ISC) 1. Symphony Properties LLC Ms. Hennig presented the "Initial Screening Criteria Form" for the above referenced parcels. The 11 parcels are within the northeast corner of North Belle Meade, south of Frangipani Ave., off 20th St. SE; northern -most 40 ac. RFMUD - Neutral, remaining 110 ac. RFMUD — NBMO - Sending The properties satisfy 4 Initial Screening Criteria. The Committee queried on the status of any improvements in the northeast corner of the lands. Speaker Brad Cornell, Audubon of Southwest Florida recommended the parcels be acquired given the large size of the acquisition. Andrew Salvan, owner representative noted he would investigate any improvements on the property and report back to Staff. Mr. Clark moved to move the application forward in the acquisition process and for Staff to prepare an Initial Criteria Screening Report. Second by Mr. Courtright. Carried unanimously 7 —0. 2. DGC & B LLC/Ultimate Developments LLC Ms. Hennig presented the "Initial Screening Criteria Form" for the above referenced parcels. The 2 parcels are 4.61 acres and Off Old US 41 just north of the intersection of Old US 41 and US 41. The properties satisfy 4 Initial Screening Criteria. Speaker June 7, 2023 Brad Cornell, Audubon of Southwest Florida recommended the properties not be acquired as it is an "inholding" and exotics proliferate the parcels. Ms. Allman moved to not move the application forward in the acquisition process. Second by Mr. Watkins. Carried unanimously 7— 0. E. Preserve Updates Ms. Araque provided the update noting Staff has been busy with activities including deer surveys on Pepper Ranch Preserve, prescribed burns on Caracara Prairie Preserve and exotic removal projects. 6. Subcommittee Reports A. Lands Evaluation & Management — Chair, Ron Clark — Upcoming Meeting September 21, 2023 Mr. Clark reported the Subcommittee will be reviewing land management plans at the meeting. B. Outreach — Chair, Brittany Patterson -Weber —last meeting January 20, 2023 No recent update necessary. C. Ordinance Policy and Rules — Chair, Michele Lenhard - last meeting June 1, 2022 No recent updates necessary. 7. Coordinator Communications A. BCC Items - Ms. Araque provided the update as listed below: 1. May 9 BCC - Purchase Agreements extensions Approved on Consent 2. May 23 BCC - Purchase Agreements Approved on Consent 3. June 13 BCC meeting — Cycle 12 TPMAs, Purchase Agreements B. Miscellaneous Items None 9. Chair and Committee Member Comments Chair Lenhard noted Members should be aware: • The Board of County Commissioners will be holding a budget workshop on June 15th and adoption of the budget will be considered in July. • She and Ms. Patterson -Weber may not be in attendance for the July meeting for personal reasons. 10. Public General Comments None 11. Staff Comments None 12. Next Meeting — July 14, 2023 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:37P.M. Conservation Collier Land Acquisition Advisory Committee 0 June 7, 2023 Michele Lenhard, Chair These minutes approved by the Board/Committee on as presented or as amended Conservation Collier Cycle 10 and 11 Property Status Updated July 7, 2023 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 ACQUIRED PROPERTIES Property Name Preserve Size (ac) Appraised Value Closing Amount Acquisition Status Aguilar, Jorge Panther Walk 1.14 $40,000 $40,000 Closed 2/13/23 Preserve Arnay, Henrietta Panther Walk 1.14 $30,000 $30,000 Closed 6/16/23 Preserve Behnke, Lois Panther Walk 1.14 $57,000 $57,000 Closed 6/16/23 Preserve Blocker, Brian Pepper Ranch 24.50 $220,000 $220,000 Closed 7/7/23 Preserve Burns, Sandra Panther Walk 1.14 $30,000 $30,000 Closed 1/30/23 Preserve Caberera, Mercedes Red Maple Swamp 9.16 $114,500 $114,500 Closed 3/21/22 Preserve Charles, Paulette Dr. Robert H. Gore 1.14 $25,100 $22,500 Closed 6/30/23 III Preserve D & J Investors Panther Walk 1.14 $40,000 $40,000 Closed 6/9/23 Preserve Dessing, Carol A. Winchester Head 1.14 $18,810 $18,810 Closed 3/28/22 Preserve Gonzalez, Isabel Panther Walk 1.14 $50,000 $50,000 Closed 6/16/22 Preserve Gorman, Herman and Alice Winchester Head 1.14 $18,810 $18,810 Closed 9/26/22 Preserve Grossman, Barry Panther Walk 2.73 $63,000 $63,000 Closed 6/16/23 Preserve Guerra, Sigrid Red Maple Swamp 1.14 $20,500 $20,500 Closed 7/7/23 Preserve Hofmann, Adelaida Dr. Robert H. Gore 1.59 $36,000 $36,000 Closed 2/27/23 III Preserve Hussey Trust North Belle Meade 256.00 $2,072,500 $2,072,500 Closed 11/14/22 Preserve Johnson, Tim R Panther Walk 1.14 $30,000 $30,000 Closed 1/30/23 Preserve Joyce, David Panther Walk 2.27 $52,000 $52,000 Closed 6/9/23 Preserve McLaughlin Trust, Geraldine Red Maple Swamp 4.61 $57,625 $57,625 Closed 3/21/22 Preserve Meyer Trust Panther Walk 1.59 $72,000 $72,000 Closed 1/30/23 Preserve Pena, John Panther Walk 2.27 $52,000 $52,000 Closed 2/13/23 Preserve Popp, Joe Rivers Road 19.40 $630,000 $630,000 Closed 9/26/22 Preserve Ruben Trust Winchester Head 1.59 $39,800 $39,800 Closed 7/7/23 Preserve Rudnick, Carol -Donation Dr. Robert H. Gore 1.59 N/A N/A Closed 6/30/22 III Preserve Sanchez, PS & NE Panther Walk 2.73 $63,000 $63,000 Closed 1/30/23 Preserve Selvig, Maribeth -Donation Panther Walk 1.14 N/A N/A Closed 9/26/22 Preserve Setser, Carrie, Larry, and Ruby Red Maple Swamp 5.00 $62,500 $62,500 Closed 3/21/22 Preserve Thommen, William F Panther Walk 5.00 $100,000 $100,000 Closed 1/30/23 Preserve Conservation Collier Cycle 10 and 11 Property Status Updated July 7, 2023 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 ACQUIRED PROPERTIES, cont'd Property Name Preserve Size (ac) Appraised Value Closing Amount Acquisition Status Toro, Michael Winchester Head 1.59 $39,800 $35,820 Closed 6/30/23 Preserve Varney, Gail Red Maple Swamp 1.14 $14,250 $14,250 Closed 2/14/22 Preserve Wright, David Panther Walk 1.14 $30,000 $30,000 Closed 1/30/23 Preserve Zani, Paul Dr. Robert H. Gore 2.27 $49,900 $49,900 Closed 7/7/23 III Preserve Zhuang, Joseph Panther Walk 2.73 $63,000 $63,000 Closed 1/30/23 Preserve TOTAL CYCLE 10 ACQUIRED PROPERTIES 362.58 $4,192,095 $4,185,515 Total number of properties = 32 Conservation Collier Cycle 10 and 11 Property Status Updated July 7, 2023 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 PROPERTIES PENDING ACQUISITION Property Name Preserve Size (ac) Appraised Value Purchase Price Acquisition Status Bailey, Charles E Dr. Robert H. Gore 1.14 $25,000 $25,000 Purchase Agreement approved BCC 9/13/22; III Preserve extension approved 5/9/23 BCC; closing pending Castillo, Jose Red Maple Swamp 5.41 $89,300 $84,835 Purchase Agreement approved by BCC on Preserve 4/25/23; closing scheduled for 7/14/23 Craparo, Stephen Dr. Robert H. Gore 1.64 $44,000 $39,600 Purchase Agreement approved by BCC on III Preserve 6/27/23; closing pending Fesser, Ivan Winchester Head 2.27 $56,800 $53,960 Purchase Agreement approved by BCC on Preserve 6/27/23; closing pending Fleming, Albert Dr. Robert H. Gore 1.64 $39,000 $37,500 Purchase Agreement approved by BCC on III Preserve 6/27/23; closing pending Joyce, Martin and Elizabeth Panther Walk 2.27 $61,300 $55,170 Purchase Agreement approved by BCC on Preserve 5/23/23; closing pending Lopez, Terri Panther Walk 1.59 $42,900 $38,610 Purchase Agreement approved by BCC on Preserve 5/23/23; closing pending Martinez, Abel Chavez Red Maple Swamp 2.27 $40,900 $36,000 Purchase Agreement approved by BCC on Preserve 5/23/23; closing pending Purchase Agreement approved by BCC on Moody Crawford, Jim H Pepper Ranch 59.79 $505,000 $505,000 7/2/22; extension approved by BCC on Preserve 3/14/2023; closing pending Quevedo, Odalys Dr. Robert H. Gore 1.14 $28,000 $26,600 Purchase Agreement approved by BCC on III Preserve 4/25/23; closing scheduled for 7/14/23 Salgado, Julio Panther Walk 2.73 $73,700 $70,110 Purchase Agreement approved by BCC on Preserve 5/23/23; closing pending Sparkman Tamara Gibson Panther Walk 1.14 $33,000 $33,000 Purchase Agreement approved by BCC on Preserve 3/28/23; closing scheduled for 7/14/23 Subtotal - Properties with Board Approved Purchase 83.03 $ 1,038,900 $ 1,005,385 Subtotal 12 Agreements number of properties = Arias, Eladio Dr. Robert H. Gore 3.16 $63,000 $52,900 Offer accepted; Purchase Agreement scheduled III Preserve for 7/25/23 BCC meeting Arias, Eladio Dr. Robert H. Gore 3.78 $66,000 $63,200 Offer accepted; Purchase Agreement scheduled III Preserve for 7/25/23 BCC meeting Eschuk, Shari Rivers Road 4.78 $180,000 TBD Offer pending Preserve Hackman, Charles Panther Walk 2.73 $70,000 $63,000 Offer accepted; Purchase Agreement pending Preserve Higdon Trust, Garey D Winchester Head 1.59 $39,800 $35,820 Offer accepted; Purchase Agreement pending Preserve Trofatter, Frederick Winchester Head 1.14 $28,000 $28,000 Offer accepted; Purchase Agreement pending Preserve Subtotal - Properties with Board Approval of Purchase 17.18 $ 446,800 $ 242,920 Subtotal 6 Agreements Pending number of properties = TOTAL CYCLE 10 PROPERTIES PENDING ACQUISITION 100.21 $ 1,485,700 $ 1,248,305 Total number of properties = 18 Conservation Collier Cycle 10 and 11 Property Status Updated July 7, 2023 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED Property Name Preserve Size (ac) Appraised Value Offer Amount Acquisition Status Amaranth Trust, Forrest G N/A 71.16 N/A N/A Property withdrawn Anderson, Charles Panther Walk 2.27 $64,000 $64,000 Offer not accepted Preserve Anderson, Charles Panther Walk 1.14 N/A N/A Sold to another Preserve Argay, Lorraine D Dr. Robert H. Gore 7.05 $81,000 $81,000 Offer not accepted III Preserve Arnold, Emily Pepper Ranch 5.00 N/A N/A Property withdrawn Preserve Arnold, Vanette Panther Walk 1.14 $30,000 $30,000 Offer not accepted Preserve Big Hammock - Area I (Barron Pepper Ranch 257.3 $900,000 $900,000 Offer not accepted Collier Partnership) Preserve Casasierra Realty LLC Winchester Head 1.14 $25,650 $25,650 Property withdrawn 3/23/23 Preserve Cedeno, Kenneth Dr. Robert H. Gore 2.81 $56,000 $56,000 Offer not accepted III Preserve Dahche, Ahmand Panther Walk 5.00 $130,000 $130,000 Offer not accepted Preserve D'Angelo, Eugene Dr. Robert H. Gore 5.00 $100,000 $100,000 Offer not accepted III Preserve Erjavec, Eugene Rivers Road 4.92 $200,000 $200,000 Offer not accepted Preserve Fernandez, Erik Winchester Head 1.59 $39,800 $39,800 Offer not accepted Preserve Fischer Trust, Addison Marco Island 0.63 N/A N/A Property withdrawn Haughton, Veronica Panther Walk 2.73 N/A N/A Sold to another Preserve Macrina, Kathleen Panther Walk 1.14 N/A N/A Sold to another Preserve Magdalener, Josef Shell Island 18.73 N/A N/A Property withdrawn Preserve Moylan, Paul E Panther Walk 2.73 $63,000 $63,000 Offer not accepted Preserve Ortega, Gerardo Panther Walk 1.14 $30,000 $30,000 Property withdrawn Preserve Three Brothers Panther Walk 2.73 $63,000 $63,000 Offer not accepted Preserve WISC Investment - Inlet Dr Marco Island 0.39 $429,000 $429,000 Purchase Agreement not approved by BCC TOTAL CYCLE 10 A -LIST PROPERTIES THAT WILL NOT BE 395.74 $2,211,450 $2,211,450 Total number of properties = 21 ACQUIRED Conservation Collier Cycle 10 and 11 Property Status Updated July 7, 2023 CYCLE 11A AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON DECEMBER 13, 2022 CYCLE 11A ACQUIRED PROPERTIES Size (ac) Appraised Value Closing Amount TOTAL CYCLE 11A ACQUIRED PROPERTIES 0.00 $0 Total number of properties = 0 CYCLE 11A PROPERTIES PENDING ACQUISITION Property Name Preserve Size (ac) Appraised Value* Purchase Price* Acquisition Status Agua Colina Marco Island 0.63 Offer accepted; Purchase Agreement pending Offer accepted; Purchase Agreement Annecy Marco LLC Marco Island 2.13 pending Berman Trust, R F Dr. Robert H. Gore III 1.14 $30,000 $28,500 Offer accepted; Purchase Agreement Preserve scheduled 7/25/23 BCC meeting Offer accepted; Purchase Agreement Chestnut, Diane Marco Island 0.53 pending Geren, Jonathan North Belle Meade 7.84 Offer accepted; Purchase Agreement Preserve pending Gutierrez, Michael North Belle Meade 4.88 $85,400 $81,100 Offer accepted; Purchase Agreement Preserve pending McGinnis, Patricia Panther Walk Preserve 1.14 $45,000 $42,800 Offer accepted; Purchase Agreement pending Dr. Robert H. Gore III Offer accepted; Purchase Agreement Perez, Pedro 1.17 Preserve pending Repola, Andrea Panther Walk Preserve 1.14 $45,000 $42,800 Offer accepted; Purchase Agreement scheduled for 7/25/23 BCC meeting Offer accepted; Purchase Agreement S & B Properties of Marco LLC Marco Island 0.50 pending Scalley, William J and Martha Panther Walk Preserve 1.14 $45,000 $42,800 Offer accepted; Purchase Agreement pending North Belle Meade Offer accepted; Purchase Agreement Scotti, Mary Preserve 8.74 pending South Terra Corp Marco Island 0.56 Offer accepted; Purchase Agreement pending Sponseller, Robert North Belle Meade 5.00 $90,000 $90,000 Offer accepted; Purchase Agreement Preserve pending Trigoura, Delsina Dr. Robert H. Gore III 1.14 $30,000 $30,000 Offer accepted; Purchase Agreement Preserve pending VanCleave, Matthew Rivers Road Preserve 0.50 Offer accepted; Purchase Agreement pending Vaz, Maurice J Panther Walk Preserve 1.59 $57,500 $57,000 Offer accepted; Purchase Agreement scheduled for 7/25/23 BCC meeting TOTAL CYCLE 11A PROPERTIES PENDING ACQUISITION 39.77 $427,900 $415,000 Total number of properties = 17 CYCLE 11A A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED Size (ac) Appraised Value Offer Amount Berman Rev Trust, R F Panther Walk Preserve 1.17 $46,000 $43,700 No longer interested in selling Colon, Donna &Patricia Mack Dr. Robert H. Gore III 2.27 $39,500 $37,500 Selling to another Preserve Starnes, Hugh Caracara Prairie Preserve 4.54 $250,000 $250,000 Offer not accepted TOTAL CYCLE 11A A -LIST PROPERTIES THAT WILL NOT BE 154,507.98 $335,500 $331,200 Total number of properties = 3 ACQUIRED * Amount will be entered once Purchase Agreement is signed by Seller and scheduled for Conservation Collier Land Acquisition Advisory Committee meeting Conservation Collier Cycle 10 and 11 Property Status Updated July 7, 2023 CYCLE 11B AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON FEBRUARY 28, 2023 CYCLE 11B ACQUIRED PROPERTIES AppraisedClosing Size (ac) Amount Value TOTAL CYCLE 11B ACQUIRED PROPERTIES 0.00 $0 Total number of properties = 0 CYCLE 11B PROPERTIES PENDING ACQUISITION Appraised Property Name Preserve Size (ac) Purchase Price Acquisition Status Value Offer accepted; Purchase Brewer, Richard N/A 14.78 TBD TBD Agreement pending Dr. Robert H. Offer accepted; Purchase Dibala Wood Trust 18.28 TBD TBD Gore III Preserve Agreement pending Shell Island Dredge Management Assoc LLC 18.73 TBD TBD Offer Made; Awaiting Response Preserve Pepper Ranch English Trust 59.01 TBD TBD Offer Made; Awaiting Response Preserve Fontela, Maricel Aleu Dr. Robert H. 1.14 $25,700 $25,700 Offer accepted; Purchase Gore III Preserve Agreement pending Nancy Payton Lie, Run He 0.50 TBD TBD Offer Made; Awaiting Response Preserve Appraisal obtained and under Owl Hammock N/A 7,378.00 TBD TBD review Mcllvane Marsh Relevant Radio, Inc. 10.46 TBD TBD Appraisal currently being obtained Preserve Sit/Williams/Chew Nancy Payton 3.50 TBD TBD Offer Made; Awaiting Response Preserve Dr. Robert H. Offer accepted; Purchase Weir Trust, Celine 2.27 TBD TBD Gore III Preserve Agreement pending Wilson Trust Winchester Head 1.59 $39,800 $39,800 Offer accepted; Purchase Preserve Agreement pending TOTAL CYCLE 11B PROPERTIES PENDING 7,508.26 $65,500 $65,500 Total number of properties = 11 ACQUISITION CYCLE 11B A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED AppraisedOffer Property Name Preserve Size (ac) Amount Acquisition Status Value Buckley Enterprises Nancy Payton 80.00 N/A N/A Selling to another Preserve Khoury Otter Mound 0.43 N/A N/A Sold to another Preserve Dr. Robert H. Smith & Montgomery 2.73 N/A N/A Property withdrawn Gore III Preserve TOTAL CYCLE 11B A -LIST PROPERTIES THAT WILL 83.16 N/A N/A Total number of properties = 3 NOT BE ACQUIRED Conservation Collier Cycle 10 and 11 Property Status Updated July 11, 2023 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 ACQUIRED PROPERTIES Property Name Preserve Size (ac) Appraised Value Closing Amount Acquisition Status Aguilar, Jorge Panther Walk 1.14 $40,000 $40,000 Closed 2/13/23 Preserve Arnay, Henrietta Panther Walk 1.14 $30,000 $30,000 Closed 6/16/23 Preserve Behnke, Lois Panther Walk 1.14 $57,000 $57,000 Closed 6/16/23 Preserve Blocker, Brian Pepper Ranch 24.50 $220,000 $220,000 Closed 7/7/23 Preserve Burns, Sandra Panther Walk 1.14 $30,000 $30,000 Closed 1/30/23 Preserve Caberera, Mercedes Red Maple Swamp 9.16 $114,500 $114,500 Closed 3/21/22 Preserve Charles, Paulette Dr. Robert H. Gore 1.14 $25,100 $22,500 Closed 6/30/23 III Preserve D & J Investors Panther Walk 1.14 $40,000 $40,000 Closed 6/9/23 Preserve Dessing, Carol A. Winchester Head 1.14 $18,810 $18,810 Closed 3/28/22 Preserve Gonzalez, Isabel Panther Walk 1.14 $50,000 $50,000 Closed 6/16/22 Preserve Gorman, Herman and Alice Winchester Head 1.14 $18,810 $18,810 Closed 9/26/22 Preserve Grossman, Barry Panther Walk 2.73 $63,000 $63,000 Closed 6/16/23 Preserve Guerra, Sigrid Red Maple Swamp 1.14 $20,500 $20,500 Closed 7/7/23 Preserve Hofmann, Adelaida Dr. Robert H. Gore 1.59 $36,000 $36,000 Closed 2/27/23 III Preserve Hussey Trust North Belle Meade 256.00 $2,072,500 $2,072,500 Closed 11/14/22 Preserve Johnson, Tim R Panther Walk 1.14 $30,000 $30,000 Closed 1/30/23 Preserve Joyce, David Panther Walk 2.27 $52,000 $52,000 Closed 6/9/23 Preserve McLaughlin Trust, Geraldine Red Maple Swamp 4.61 $57,625 $57,625 Closed 3/21/22 Preserve Meyer Trust Panther Walk 1.59 $72,000 $72,000 Closed 1/30/23 Preserve Pena, John Panther Walk 2.27 $52,000 $52,000 Closed 2/13/23 Preserve Popp, Joe Rivers Road 19.40 $630,000 $630,000 Closed 9/26/22 Preserve Ruben Trust Winchester Head 1.59 $39,800 $39,800 Closed 7/7/23 Preserve Rudnick, Carol -Donation Dr. Robert H. Gore 1.59 N/A N/A Closed 6/30/22 III Preserve Sanchez, PS & NE Panther Walk 2.73 $63,000 $63,000 Closed 1/30/23 Preserve Selvig, Maribeth -Donation Panther Walk 1.14 N/A N/A Closed 9/26/22 Preserve Setser, Carrie, Larry, and Ruby Red Maple Swamp 5.00 $62,500 $62,500 Closed 3/21/22 Preserve Thommen, William F Panther Walk 5.00 $100,000 $100,000 Closed 1/30/23 Preserve Conservation Collier Cycle 10 and 11 Property Status Updated July 11, 2023 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 ACQUIRED PROPERTIES, cont'd Property Name Preserve Size (ac) Appraised Value Closing Amount Acquisition Status Toro, Michael Winchester Head 1.59 $39,800 $35,820 Closed 6/30/23 Preserve Varney, Gail Red Maple Swamp 1.14 $14,250 $14,250 Closed 2/14/22 Preserve Wright, David Panther Walk 1.14 $30,000 $30,000 Closed 1/30/23 Preserve Zani, Paul Dr. Robert H. Gore 2.27 $49,900 $49,900 Closed 7/7/23 III Preserve Zhuang, Joseph Panther Walk 2.73 $63,000 $63,000 Closed 1/30/23 Preserve TOTAL CYCLE 10 ACQUIRED PROPERTIES 362.58 $4,192,095 $4,185,515 Total number of properties = 32 Conservation Collier Cycle 10 and 11 Property Status Updated July 11, 2023 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 PROPERTIES PENDING ACQUISITION Property Name Preserve Size (ac) Appraised Value Purchase Price Acquisition Status Bailey, Charles E Dr. Robert H. Gore 1.14 $25,000 $25,000 Purchase Agreement approved BCC 9/13/22; III Preserve extension approved 5/9/23 BCC; closing pending Castillo, Jose Red Maple Swamp 5.41 $89,300 $84,835 Purchase Agreement approved by BCC on Preserve 4/25/23; closing scheduled for 7/14/23 Craparo, Stephen Dr. Robert H. Gore 1.64 $44,000 $39,600 Purchase Agreement approved by BCC on III Preserve 6/27/23; closing pending Fesser, Ivan Winchester Head 2.27 $56,800 $53,960 Purchase Agreement approved by BCC on Preserve 6/27/23; closing pending Fleming, Albert Dr. Robert H. Gore 1.64 $39,000 $37,500 Purchase Agreement approved by BCC on III Preserve 6/27/23; closing pending Joyce, Martin and Elizabeth Panther Walk 2.27 $61,300 $55,170 Purchase Agreement approved by BCC on Preserve 5/23/23; closing pending Lopez, Terri Panther Walk 1.59 $42,900 $38,610 Purchase Agreement approved by BCC on Preserve 5/23/23; closing pending Martinez, Abel Chavez Red Maple Swamp 2.27 $40,900 $36,000 Purchase Agreement approved by BCC on Preserve 5/23/23; closing pending Purchase Agreement approved by BCC on Moody Crawford, Jim H Pepper Ranch 59.79 $505,000 $505,000 7/2/22; extension approved by BCC on Preserve 3/14/2023; closing pending Quevedo, Odalys Dr. Robert H. Gore 1.14 $28,000 $26,600 Purchase Agreement approved by BCC on III Preserve 4/25/23; closing scheduled for 7/14/23 Salgado, Julio Panther Walk 2.73 $73,700 $70,110 Purchase Agreement approved by BCC on Preserve 5/23/23; closing pending Sparkman Tamara Gibson Panther Walk 1.14 $33,000 $33,000 Purchase Agreement approved by BCC on Preserve 3/28/23; closing scheduled for 7/14/23 Subtotal - Properties with Board Approved Purchase 83.03 $ 1,038,900 $ 1,005,385 Subtotal 12 Agreements number of properties = Arias, Eladio Dr. Robert H. Gore 3.16 $63,000 $52,900 Offer accepted; Purchase Agreement scheduled III Preserve for 7/25/23 BCC meeting Arias, Eladio Dr. Robert H. Gore 3.78 $66,000 $63,200 Offer accepted; Purchase Agreement scheduled III Preserve for 7/25/23 BCC meeting Eschuk, Shari Rivers Road 4.78 $180,000 TBD Offer pending Preserve Hackman, Charles Panther Walk 2.73 $70,000 $63,000 Offer accepted; Purchase Agreement pending Preserve Higdon Trust, Garey D Winchester Head 1.59 $39,800 $35,820 Offer accepted; Purchase Agreement pending Preserve Trofatter, Frederick Winchester Head 1.14 $28,000 $28,000 Offer accepted; Purchase Agreement pending Preserve Subtotal - Properties with Board Approval of Purchase 17.18 $ 446,800 $ 242,920 Subtotal 6 Agreements Pending number of properties = TOTAL CYCLE 10 PROPERTIES PENDING ACQUISITION 100.21 $ 1,485,700 $ 1,248,305 Total number of properties = 18 Conservation Collier Cycle 10 and 11 Property Status Updated July 11, 2023 CYCLE 10 AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JANUARY 25, 2022 CYCLE 10 A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED Property Name Preserve Size (ac) Appraised Value Offer Amount Acquisition Status Amaranth Trust, Forrest G N/A 71.16 N/A N/A Property withdrawn Anderson, Charles Panther Walk 2.27 $64,000 $64,000 Offer not accepted Preserve Anderson, Charles Panther Walk 1.14 N/A N/A Sold to another Preserve Argay, Lorraine D Dr. Robert H. Gore 7.05 $81,000 $81,000 Offer not accepted III Preserve Arnold, Emily Pepper Ranch 5.00 N/A N/A Property withdrawn Preserve Arnold, Vanette Panther Walk 1.14 $30,000 $30,000 Offer not accepted Preserve Big Hammock - Area I (Barron Pepper Ranch 257.3 $900,000 $900,000 Offer not accepted Collier Partnership) Preserve Casasierra Realty LLC Winchester Head 1.14 $25,650 $25,650 Property withdrawn 3/23/23 Preserve Cedeno, Kenneth Dr. Robert H. Gore 2.81 $56,000 $56,000 Offer not accepted III Preserve Dahche, Ahmand Panther Walk 5.00 $130,000 $130,000 Offer not accepted Preserve D'Angelo, Eugene Dr. Robert H. Gore 5.00 $100,000 $100,000 Offer not accepted III Preserve Erjavec, Eugene Rivers Road 4.92 $200,000 $200,000 Offer not accepted Preserve Fernandez, Erik Winchester Head 1.59 $39,800 $39,800 Offer not accepted Preserve Fischer Trust, Addison Marco Island 0.63 N/A N/A Property withdrawn Haughton, Veronica Panther Walk 2.73 N/A N/A Sold to another Preserve Macrina, Kathleen Panther Walk 1.14 N/A N/A Sold to another Preserve Magdalener, Josef Shell Island 18.73 N/A N/A Property withdrawn Preserve Moylan, Paul E Panther Walk 2.73 $63,000 $63,000 Offer not accepted Preserve Ortega, Gerardo Panther Walk 1.14 $30,000 $30,000 Property withdrawn Preserve Three Brothers Panther Walk 2.73 $63,000 $63,000 Offer not accepted Preserve WISC Investment - Inlet Dr Marco Island 0.39 $429,000 $429,000 Purchase Agreement not approved by BCC TOTAL CYCLE 10 A -LIST PROPERTIES THAT WILL NOT BE 395.74 $2,211,450 $2,211,450 Total number of properties = 21 ACQUIRED Conservation Collier Cycle 10 and 11 Property Status Updated July 11, 2023 CYCLE 11A AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON DECEMBER 13, 2022 CYCLE 11A ACQUIRED PROPERTIES Size (ac) Appraised Value Closing Amount TOTAL CYCLE 11A ACQUIRED PROPERTIES 1 0.00 $0 Total number of properties = 0 Property Name Preserve Agua Colina Marco Island Annecy Marco LLC Marco Island Dr. Robert H. Gore II Berman Trust, R F Preserve Chestnut, Diane Marco Island Dr. Robert H. Gore II Fontela, Maricel Aleu Preserve North Belle Meade Geren, Jonathan Preserve North Belle Meade Gutierrez, Michael Preserve McGinnis, Patricia Panther Walk Preser Dr. Robert H. Gore II Perez, Pedro Preserve Winchester Head Perona, Barbara Preserve Repola, Andrea Panther Walk Preser S & B Properties of Marco LLC Marco Island Scalley, William 1 and Martha Panther Walk Preser North Belle Meade Scotti, Mary Preserve South Terra Corp Marco Island North Belle Meade Sponseller, Robert Preserve Dr. Robert H. Gore II Trigoura, Delsina Preserve VanCleave, Matthew Rivers Road Presery Vaz, Maurice J Panther Walk Preser TOTAL CYCLE 11A PROPERTIES PENDING ACQUISITION CYCLE 11A PROPERTIES PENDING ACQUISITION ve ve ve ve Size (ac) Appraised Value* Purchase Price* 0.63 2.13 1 1.14 $30,000 $28,50 0.53 1 1.14 $25,700 $25,70 7.84 4.88 $85,400 $81,10 1.14 $45,000 $42,80 I 1.17 1.59 $39,800 $39,80 1.14 $45,000 $42,80 0.50 1.14 $45,000 $42,80 8.74 $135,500 $128,70 0.56 5.00 $90,000 $90,00 1 1.14 $30,000 $30,00 e 0.50 1.59 $57,500 $57,00 42.50 $628,900 $609,20 Acquisition Status Offer accepted; Purchase Agreement pending Offer accepted; Purchase Agreement pending 0 Offer accepted; Purchase Agreement scheduled 7/25/23 BCC meeting Offer accepted; Purchase Agreement pending 0 Offer accepted; Purchase Agreement scheduled 8/22/23 BCC meeting Offer accepted; Purchase Agreement pending 0 Offer accepted; Purchase Agreement scheduled 8/22/23 BCC meeting 0 Offer accepted; Purchase Agreement scheduled 8/22/23 BCC meeting Offer accepted; Purchase Agreement pending 0 Offer accepted; Purchase Agreement scheduled 8/22/23 BCC meeting 0 Offer accepted; Purchase Agreement scheduled for 7/25/23 BCC meeting Offer accepted; Purchase Agreement pending 0 Offer accepted; Purchase Agreement scheduled 8/22/23 BCC meeting 0 Offer accepted; Purchase Agreement scheduled 7/14/23 CCLAAC meeting Offer accepted; Purchase Agreement pending 0 Offer accepted; Purchase Agreement scheduled 8/22/23 BCC meeting 0 Offer accepted; Purchase Agreement scheduled 8/22/23 BCC meeting Offer accepted; Purchase Agreement pending 0 Offer accepted; Purchase Agreement scheduled for 7/25/23 BCC meeting 0 Total number of properties =19 CYCLE 11A A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED 7 Size (ac) Appraised Value Offer Amount Berman RevTrust, R F Panther Walk Preserve 1.17 $46,000 $43,700 No longer interested in selling Colon, Donna &Patricia Mack Dr. Robert H. Gore 111 2.27 $39,500 $37,500 Selling to another Preserve Starnes, Hugh Caracara Prairie Preserve 4.54 $250,000 $250,000 Offer not accepted TOTAL CYCLE 11A A -LIST PROPERTIES THAT WILL NOT BE 154,507.98 $335,500 $331,200 Total number of properties = 3 ACQUIRED Amount will be entered once Purchase Agreement is signed by Seller and scheduled for Conservation Collier Land Acquisition Advisory Committee meeting 5 Conservation Collier Cycle 10 and 11 Property Status Updated July 11, 2023 CYCLE 11B AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON FEBRUARY 28, 2023 CYCLE 11B ACQUIRED PROPERTIES AppraisedClosing Size (ac) Amount Value TOTAL CYCLE 11B ACQUIRED PROPERTIES 0.00 $0 Total number of properties = 0 CYCLE 11B PROPERTIES PENDING ACQUISITION AppraisedValue Property Name Preserve Size (ac) Purchase Price Acquisition Status Offer accepted; Purchase Brewer, Richard N/A 14.78 TBD TBD Agreement pending Dr. Robert H. Offer accepted; Purchase Dibala Wood Trust 18.28 TBD TBD Gore III Preserve Agreement pending Shell Island Dredge Management Assoc LLC 18.73 TBD TBD Offer Made; Awaiting Response Preserve Pepper Ranch English Trust 59.01 TBD TBD Offer Made; Awaiting Response Preserve Lie, Run He Nancy Payton 0.50 TBD TBD Offer Made; Awaiting Response Preserve Owl Hammock N/A 7,378.00 TBD TBD Appraisal obtained and under review Mcllvane Marsh Relevant Radio, Inc. 10.46 TBD TBD Appraisal currently being obtained Preserve Sit/Williams/Chew Nancy Payton 3.50 TBD TBD Offer Made; Awaiting Response Preserve Weir Trust, Celine Dr. Robert H. 2.27 $39,500 $37,500 Offer accepted; Purchase Gore III Preserve Agreement scheduled 7/14/23 Wilson Trust Winchester Head 1.59 $39,800 $39,800 Offer accepted; Purchase Preserve Agreement pending TOTAL CYCLE 11B PROPERTIES PENDING 7,507.12 $79,300 $77,300 Total number of properties = 10 ACQUISITION CYCLE 11B A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED Appraised Property Name Preserve Size (ac) Offer Amount Acquisition Status Value Buckley Enterprises Nancy Payton 80.00 N/A N/A Selling to another Preserve Khoury Otter Mound 0.43 N/A N/A Sold to another Preserve Dr. Robert H. Smith & Montgomery 2.73 N/A N/A Property withdrawn Gore III Preserve TOTAL CYCLE 11B A -LIST PROPERTIES THAT WILL 83.16 N/A N/A Total number of properties = 3 NOT BE ACQUIRED ARIAS, ELADIO R Or FONTELA, MARICEL ALEU RICHARD FRANKLIN BERMAN TRUST TRIGOURA, DELSINA & AMY Dr. Robert Gore III Preserve Property Owner Accepted Offer CON ATION LLIER Co County GUTIERREZ, MICHAELA SPONSELLER, ROBERT C=& BERNIE North Belle Meade Preserve Property Owner Accepted Offer CON ATION LLIER Co County o 1 2 Miles BRAFFMAN, ANDREA REPOLA MCGINNIS, PATRICIA E SCALLEY JR, WILLIAM J & MARTHA Property Owner Accepted Offer Panther Walk Preserve CON ATION �� LLIER Co LU--r County WEIR TRUST TRIGOURA, DELSINA=& AMY RICHARD FRANKLIN BERMAN TRUST FONTELA, MARICEL ALEU ARIAS, ELADIO R Property Owner Accepted Offer Dr. Robert Gore III Preserve CON ATION IqOWLLIER Co County SPONSELLER, ROBERT C=& BERNIE GUTIERREZ, MICHAELA SCOTTI TR, MARY Property Owner Accepted Offer North Belle Meade Preserve CON ATION LLIER co liar County BRAFFMAN, ANDREA REPOLA MCGINNIS, PATRICIA E SCALLEY JR, WILLIAM J=& MARTHA Property Owner Accepted Offer Panther Walk Preserve CON ATION IqOWLLIER Co County WEIR TRUST TRIGOURA, DELSINA=& AMY RICHARD FRANKLIN BERMAN TRUST FONTELA, MARICEL ALEU ARIAS, ELADIO R Property Owner Accepted Offer Dr. Robert Gore III Preserve CON ATION IqOWLLIER Co County SPONSELLER, ROBERT C & BERNIE MICHAEL GEREN REV TRUST SCOTTI TR, MARY GUTIERREZ, MICHAELA North Belle Meade Preserve CON ATION LLIER co liar County BRAFFMAN, ANDREA REPOLA MCGINNIS, PATRICIA E SCALLEY JR, WILLIAM J=& MARTHA Property Owner Accepted Offer Panther Walk Preserve CON ATION LLIER Co County Conservation Collier Land Acquisition Program Project Design Report Arias Property Date: June 2023 Property Owner: Silvia M. Arias Folios : 41560040006 and 41560080008 Location: GOLDEN GATE EST REPLAT UNIT 91A E 150FT and W 18OFT OF TR 121 Size: 6.94 acres (41560040006 — 3.16 acres; 41560080008 — 3.78 acres) Purchase Price: $116,100 (41560040006 — $56,700; 41560080008 — $59,400) History of Proiect: Selected for the Selected Original Original Updated Updated "A" category, for the "A" Purchase Offer Offer Made Offer #1 priority, on category, offer made Accepted Accepted the Active #1 priority, to owners Acquisition on AAL by List (AAL) by BCC CCLAAC 12/9/22 1/25/2022 9/22/2022 10/11/2022 3/2/2023 3/27/23 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: These parcels are adjacent to the Dr. Robert H. Gore III Preserve. The Arias parcels were considered due to their proximity to an existing Conservation Collier preserve. The Arias project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County These parcels are not accessible by a paved road; however, they could accommodate outdoor recreation, due to their proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcels have many wetland dependent plant species and contain karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcels provide minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Arias parcels expand the Dr. Robert H. Gore III Preserve. These parcels, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcels are within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $3,470 $2,776 $2,776 $2,776 $1,735 Signage $200 Total $3,670 $2,776 $2,776 $2,776 $1,735 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. C FI ARIAS, SILVIA M Dr. Robert Gore III Preserve Property Owner Accepted Offer 0 CONS -Lit- ATION C LUER co er cozizy x Miles Q ARIAS, SILVIA M Dr. Robert H. Gore III Preserve 0.2 CON ATION � LLIER Co Liar Couv�ty CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between SILVIA M. ARIAS, an unmarried widow, whose address is 10850 SW 30th Place, Davie, FL 33328, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: rAT __.._. Il _._. ► 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be ONE HUNDRED SIXTEEN THOUSAND ONE HUNDRED and 001100 DOLLARS ($116,100.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE," "DATE OF CLOSING," OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser. 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 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. 3A113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 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 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Ag reement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Vivian Rodriguez, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Silvia M. Arias 10850 SW 30th Place Davie, FL 33328 Telephone number: 305-965-5841 Fax number: NIA 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 0560080008 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MN RICK LOCASTRO, Chairman [SIGNATURE APPEARS ON THE FOLLOWING PAGE] CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 AS TO SELLER: DATED: r WITNESSES: g �T (Signature) SILVIA M. ARIAS AC-vc=' F z (Printed Name) (Signature) (Printed Na e) Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney C, 13 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41560040006 LEGAL DESCRIPTION: EAST 150 FEET OF TRACT 121, UNIT. 91A, GOLDEN GATE ESTATES: ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 9. PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3.16 acres AND PROPERTY IDENTIFICATION NUMBER: 41560080008 LEGAL DESCRIPTION: WEST 180 FEET OF TRACT 121, UNIT 91A, GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3.78 acres Conservation Collier Land Acquisition Program Project Design Report Berman Trust Property Date: June 2023 Property Owner: Richard Franklin Berman Trust Folios : 41508680004 Location: GOLDEN GATE EST UNIT 91 W 75FT OF E 18OFT OF TR 93 Size: 1.14 acres Purchase Price: $28,500 History of Proiect: Selected for the "A" category, #1 Selected for the "A" priority, on the Active category, #1 priority, Purchase offer Offer Accepted Acquisition List (AAL) by on AAL by BCC made to owner CCLAAC 8/3/2022 12/13/2022 5/30/2023 5/30/2023 Purpose of Project: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve project area. The Berman Trust parcel was considered due to its proximity to an existing Conservation Collier preserve. The Berman Trust project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 381h Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Berman Trust parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $570 $456 $456 $456 $285 Signage $200 Total $770 $456 $456 $456 $285 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. N M RICHARD FRANKLIN BERMAN TRUST 6A Dr. Robert Gore III Preserve Property Owner Accepted Offer CON ATION LITER Cov County : 4';;r.1_ ,4�"•�lE� aV CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between THE RICHARD FRANKLIN BERMAN REVOCABLE TRUST OF 2012, whose address is 611 1 st Street SW, Naples, FL 34117, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit 'A" attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A" II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be TWENTY- EIGHT THOUSAND FIVE HUNDRED and 001100 DOLLARS ($28,500), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows; P� G CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the' Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to CONSERVATION COLLIER - CYCLE t 1A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1, Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER; 41508680004 of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks 09 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seiler represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are, defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER; 41508680004 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd, Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 CONSERVATION COLLIER — CYCLE 11A GORE PRESERVE -- BERMAN TRUST TAX ID NUMBER: 41508680004 If to Seller: Richard Franklin Berman, Trustee of the Richard Franklin Berman Revocable Trust of 2012 611 1 st Street SW Naples, Florida 34114 Telephone number: 239-877-1631 E-mail: landbarron46@gmail.com 11.02 The addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41608680004 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. [SIGNATURE(S)APPEAR ON THE FOLLOWING PAGE] CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE -- BERMAN TRUST TAX ID NUMBER: 41508680004 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk AS TO SELLER: DATED: K11 /�-3 WITNESSES: Appr v a Jrtmnd,1'eg Pity: onald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick Locastro, Chairman RICHARD FRANKLIN BERMAN REVOCABLE TRUST OF 2012 By: Z;; Print Name and Title CONSERVATION COLLIER - CYCLE 11 A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 EXHIBIT "A" GOLDEN GATE EST UNIT 91 W 75FT OF E 180FT OF TR 93 OR 2023 PG 1586 Parcel; 41508680004 1.14 acres Conservation Collier Land Acquisition Program Project Design Report Trigoura Property Date: July 2023 Property Owner: Delsina Trigoura and Amy Trigoura Folios : 41507440009 Location: GOLDEN GATE EST UNIT 91 E 75FT OF W 18OFT OF TR 81 Size: 1.14 acres Purchase Price: $30,000 History of Proiect: Selected for the "A" category, #1 Selected for the "A" Purchase offer Offer priority, on the Active Acquisition category, #1 priority, on made to owners Accepted List (AAL) by CCLAAC AAL b BCC 8/3/2022 12/13/2022 5/30/2023 6/7/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve Multi -Parcel Project boundary. The Trigoura parcel was considered due to its proximity to an existing Conservation Collier preserve. The Charles project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 401h Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Trigoura parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $570 $456 $456 $456 $285 Signage $200 Total $770 $456 $456 $456 $285 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. N Co er county TRIGOURA, DELSINA & AMY IF Dr. Robert Gore III Preserve Property Owner Accepted Offer C4,1- ION LIER Ciq --, C --,, CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX In NUMBER:41507440009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between DELSINA TRIGOURA and AMY TRIGOURA, a married couple, whose address is 1431 SW 851h Ave, Pembroke Pines, FL 33025 (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be THIRTY THOUSAND and 001100 DOLLARS ($30,000), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorneys Office, Administration CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. CONSERVATION COLLIER -CYCLE 11A CORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 if Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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 CONSERVATION COLLIER -- CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41607440009 written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property, or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PROBATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX I0 NUMBER: 41507440009 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Delsina Trigoura and Amy Trigoura 1431 SW 851h Ave Pembroke Pines, FL 33025 Telephone number: 786-858-2665 E-mail: delsinatrigoura@gmail.com 11.02 The addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XI I. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA in RICK LOCASTRO, Chairman [SIGNATURES APPEAR ON THE FOLLOWING PAGE' CONSERVATION COLLIER — CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 AS TO SELLER: DATED: WITNESSES: (Sig VI5 MODA{L-SE By: DELtINA TRIGOURA (Print Witness Name) By: (signature) AMY R MwIse �bym Doy\atc So ,n (Print Witness Name) Appr d as to form and legality: Ro ald T. Tomasko, Assistant County Attorney CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE, - TRIGOURA TAX ID NUMBER: 41507440009 EXHIBIT "A" The East 75 feet of the West 180 feet of Tract 81, Golden Gate Estates Unit No. 91, according to the map or plat thereof as recorded in Plat Book 5, Page 30, Public Records of Collier County, Florida. Conservation Collier Land Acquisition Program Project Design Report Arias Property Date: June 2023 Property Owner: Silvia M. Arias Folios : 41560040006 and 41560080008 Location: GOLDEN GATE EST REPLAT UNIT 91A E 150FT and W 18OFT OF TR 121 Size: 6.94 acres (41560040006 — 3.16 acres; 41560080008 — 3.78 acres) Purchase Price: $116,100 (41560040006 — $56,700; 41560080008 — $59,400) History of Proiect: Selected for the Selected Original Original Updated Updated "A" category, for the "A" Purchase Offer Offer Made Offer #1 priority, on category, offer made Accepted Accepted the Active #1 priority, to owners Acquisition on AAL by List (AAL) by BCC CCLAAC 12/9/22 1/25/2022 9/22/2022 10/11/2022 3/2/2023 3/27/23 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: These parcels are adjacent to the Dr. Robert H. Gore III Preserve. The Arias parcels were considered due to their proximity to an existing Conservation Collier preserve. The Arias project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County These parcels are not accessible by a paved road; however, they could accommodate outdoor recreation, due to their proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcels have many wetland dependent plant species and contain karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcels provide minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Arias parcels expand the Dr. Robert H. Gore III Preserve. These parcels, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcels are within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $3,470 $2,776 $2,776 $2,776 $1,735 Signage $200 Total $3,670 $2,776 $2,776 $2,776 $1,735 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. C FI ARIAS, SILVIA M Dr. Robert Gore III Preserve Property Owner Accepted Offer 0 CONS -Lit- ATION C LUER co er cozizy x Miles Q ARIAS, SILVIA M Dr. Robert H. Gore III Preserve 0.2 CON ATION � LLIER Co Liar Couv�ty CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between SILVIA M. ARIAS, an unmarried widow, whose address is 10850 SW 30th Place, Davie, FL 33328, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: rAT __.._. Il _._. ► 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be ONE HUNDRED SIXTEEN THOUSAND ONE HUNDRED and 001100 DOLLARS ($116,100.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE," "DATE OF CLOSING," OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser. 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 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. 3A113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 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 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Ag reement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Vivian Rodriguez, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Silvia M. Arias 10850 SW 30th Place Davie, FL 33328 Telephone number: 305-965-5841 Fax number: NIA 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 0560080008 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MN RICK LOCASTRO, Chairman [SIGNATURE APPEARS ON THE FOLLOWING PAGE] CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 AS TO SELLER: DATED: r WITNESSES: g �T (Signature) SILVIA M. ARIAS AC-vc=' F z (Printed Name) (Signature) (Printed Na e) Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney C, 13 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41560040006 & 41560080008 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41560040006 LEGAL DESCRIPTION: EAST 150 FEET OF TRACT 121, UNIT. 91A, GOLDEN GATE ESTATES: ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 9. PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3.16 acres AND PROPERTY IDENTIFICATION NUMBER: 41560080008 LEGAL DESCRIPTION: WEST 180 FEET OF TRACT 121, UNIT 91A, GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3.78 acres Conservation Collier Land Acquisition Program Project Design Report Berman Trust Property Date: June 2023 Property Owner: Richard Franklin Berman Trust Folios : 41508680004 Location: GOLDEN GATE EST UNIT 91 W 75FT OF E 18OFT OF TR 93 Size: 1.14 acres Purchase Price: $28,500 History of Proiect: Selected for the "A" category, #1 Selected for the "A" priority, on the Active category, #1 priority, Purchase offer Offer Accepted Acquisition List (AAL) by on AAL by BCC made to owner CCLAAC 8/3/2022 12/13/2022 5/30/2023 5/30/2023 Purpose of Project: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve project area. The Berman Trust parcel was considered due to its proximity to an existing Conservation Collier preserve. The Berman Trust project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 381h Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Berman Trust parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $570 $456 $456 $456 $285 Signage $200 Total $770 $456 $456 $456 $285 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. N M RICHARD FRANKLIN BERMAN TRUST 6A Dr. Robert Gore III Preserve Property Owner Accepted Offer CON ATION LITER Cov County : 4';;r.1_ ,4�"•�lE� aV CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between THE RICHARD FRANKLIN BERMAN REVOCABLE TRUST OF 2012, whose address is 611 1 st Street SW, Naples, FL 34117, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit 'A" attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A" II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be TWENTY- EIGHT THOUSAND FIVE HUNDRED and 001100 DOLLARS ($28,500), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows; P� G CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the' Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to CONSERVATION COLLIER - CYCLE t 1A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1, Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER; 41508680004 of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks 09 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seiler represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are, defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER; 41508680004 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd, Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 CONSERVATION COLLIER — CYCLE 11A GORE PRESERVE -- BERMAN TRUST TAX ID NUMBER: 41508680004 If to Seller: Richard Franklin Berman, Trustee of the Richard Franklin Berman Revocable Trust of 2012 611 1 st Street SW Naples, Florida 34114 Telephone number: 239-877-1631 E-mail: landbarron46@gmail.com 11.02 The addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41608680004 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. [SIGNATURE(S)APPEAR ON THE FOLLOWING PAGE] CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE -- BERMAN TRUST TAX ID NUMBER: 41508680004 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk AS TO SELLER: DATED: K11 /�-3 WITNESSES: Appr v a Jrtmnd,1'eg Pity: onald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick Locastro, Chairman RICHARD FRANKLIN BERMAN REVOCABLE TRUST OF 2012 By: Z;; Print Name and Title CONSERVATION COLLIER - CYCLE 11 A GORE PRESERVE - BERMAN TRUST TAX ID NUMBER: 41508680004 EXHIBIT "A" GOLDEN GATE EST UNIT 91 W 75FT OF E 180FT OF TR 93 OR 2023 PG 1586 Parcel; 41508680004 1.14 acres Conservation Collier Land Acquisition Program Project Design Report Fontela Property Date: July 2023 Property Owner: Maricel Aleu Fontela Folios : 41560720009 Location: GOLDEN GATE EST REPLAT UNIT 91-A S 75FT OF N 18OFT OF TR 130 Size: 1.17 acres Purchase Price: $25,700 History of Proiect: Selected for the "A" category, #1 Selected for the "A" priority, on the Active category, #1 priority, Purchase offer Offer Accepted Acquisition List (AAL) by on AAL by BCC made to owner CCLAAC 8/03/2022 12/13/2022 4/25/2023 6/04/2023 Purpose of Proi ect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve project area. The Fontela parcel was considered due to its proximity to an existing Conservation Collier preserve. The Fontela parcel met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Fontela parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $585 $468 $468 $468 $293 Signage $200 Total $785 $468 $468 $468 $293 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. N FONTELA, MARICEL ALEU Dr. Robert Gore III Preserve Property Owner Accepted Offer CiN N R cov County n �Cs, Y��• -x � ::;�Jf Y(r•: �. �4 � �* %'Mf"b.4 �:'...y{,x� � i4S". ,�•- i S` -+�� '�i y `� '`r 'a�"�''p. r� . a��.' .. "J� �. ^� �+ � �'., uM .■ Nh lip' �i 4 F�'M _ 44 'L'o-F. .� b rip i• S 34, VA 4v - ar� �; Yl `.i.,y ..l' ;y .,-y ��l �. r �1.Wt"•y �r. A�.'.,�t S� .11-ak CONSERVATION COLLIER TAX ID NUMBER: 41560720009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARICEL ALEU FONTELA, a single woman, whose address is 8342 South 72nd East Ave., Tulsa, Oklahoma 74133 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty - Five Thousand Seven Hundred Dollars and 00/100 dollars ($25,700.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration � �0 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. r Goo CONSERVATION COLLIER TAX ID NUMBER 41560720009 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environ- mental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. ��O CONSERVATION COLLIER TAX ID NUMBER: 41560720009 5.02 if Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 5 CONSERVATION COLLIER TAX ID NUMBER, 41560720009 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any C CONSERVATION COLLIER TAX ID NUMBER: 41560720009 person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system, Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or CONSERVATION COLLIER TAX ID NUMBER: 41560720009 threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. B 0, CONSERVATION COLLIER TAX ID NUMBER: 41560720009 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 Fax number: 239-252-8876 If to Seller: Maricel Aleu Fontela 8242 South 72"d East Ave. Tulsa, Oklahoma 74133 Telephone number: 908-391-5671 maricelaleu@gmail.com With a copy to: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 9 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. -.0 CONSERVATION COLLIER TAX ID NUMBER: 41560720009 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER- ATTEST - CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk IS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN RICK LOCASTRO, Chairman CONSERVATION COLLIER TAX ID NUMBER 41560720009 AS TO SELLER: DATED: .2- 3 . v240de23 WITNESSES: By: (Signature) rr -- Ga u rse �US C�JSLC%�GI� Print K ame: Maricel Aleu Fontela (Print Witness Name) Approved as to form and legality Ronald T Tomasko. Assistant County Attorney SELLER CONSERVATION COLLIER TAX 1D NUMBER: 41560720009 EXHIBIT "A" TO FONTELA AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No 41560720009, as set forth in OR 4880 PG 3114 of the official records of Collier County, Florida, and restated below: SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 130, UNIT 91A, GOLDEN GATES ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUTY, FLORIDA, AIKIA GOLDEN GATE ESTATES REPLAT UNIT 91-A SOUTH 75 FEET OF NORTH 180 FEET OF TRACT 130, 1.17 ACRES, OR 1140 PAGE 1295. Approved as to form and legality: , Assistant County Attorney o'A G:\Gutierrez Legal Description P� U Conservation Collier Land Acquisition Program Project Design Report Trigoura Property Date: July 2023 Property Owner: Delsina Trigoura and Amy Trigoura Folios : 41507440009 Location: GOLDEN GATE EST UNIT 91 E 75FT OF W 18OFT OF TR 81 Size: 1.14 acres Purchase Price: $30,000 History of Proiect: Selected for the "A" category, #1 Selected for the "A" Purchase offer Offer priority, on the Active Acquisition category, #1 priority, on made to owners Accepted List (AAL) by CCLAAC AAL b BCC 8/3/2022 12/13/2022 5/30/2023 6/7/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve Multi -Parcel Project boundary. The Trigoura parcel was considered due to its proximity to an existing Conservation Collier preserve. The Charles project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 401h Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Trigoura parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $570 $456 $456 $456 $285 Signage $200 Total $770 $456 $456 $456 $285 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. N Co er county TRIGOURA, DELSINA & AMY IF Dr. Robert Gore III Preserve Property Owner Accepted Offer C4,1- ION LIER Ciq --, C --,, CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX In NUMBER:41507440009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between DELSINA TRIGOURA and AMY TRIGOURA, a married couple, whose address is 1431 SW 851h Ave, Pembroke Pines, FL 33025 (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be THIRTY THOUSAND and 001100 DOLLARS ($30,000), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorneys Office, Administration CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. CONSERVATION COLLIER -CYCLE 11A CORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 if Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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 CONSERVATION COLLIER -- CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41607440009 written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property, or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PROBATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX I0 NUMBER: 41507440009 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Delsina Trigoura and Amy Trigoura 1431 SW 851h Ave Pembroke Pines, FL 33025 Telephone number: 786-858-2665 E-mail: delsinatrigoura@gmail.com 11.02 The addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XI I. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA in RICK LOCASTRO, Chairman [SIGNATURES APPEAR ON THE FOLLOWING PAGE' CONSERVATION COLLIER — CYCLE 11A GORE PRESERVE - TRIGOURA TAX ID NUMBER: 41507440009 AS TO SELLER: DATED: WITNESSES: (Sig VI5 MODA{L-SE By: DELtINA TRIGOURA (Print Witness Name) By: (signature) AMY R MwIse �bym Doy\atc So ,n (Print Witness Name) Appr d as to form and legality: Ro ald T. Tomasko, Assistant County Attorney CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE, - TRIGOURA TAX ID NUMBER: 41507440009 EXHIBIT "A" The East 75 feet of the West 180 feet of Tract 81, Golden Gate Estates Unit No. 91, according to the map or plat thereof as recorded in Plat Book 5, Page 30, Public Records of Collier County, Florida. Conservation Collier Land Acquisition Program Project Design Report Weir Trust Property Date: July 2023 Property Owner: Celine Weir Trust Folios : 41510440009 Location: GOLDEN GATE EST UNIT 91 W 150FT OF TR 112 Size: 2.27 acres Appraised Value: $37,500 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 12/09/22 1/25/2022 6/14/2022 6/15/2022 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve multi -parcel project boundary. The Weir Trust parcel was considered due to its proximity to an existing Conservation Collier preserve. The Weir Trust project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature - based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 40th Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Weir Trust parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $1,135 $908 $908 $908 $568 Signage $200 Total $1,335 $908 $908 $908 $568 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. N WEIR TRUST Property Owner Accepted Offer ©r_ Robert Gore III Preserve Cic N R cov county CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE -- WEIR Tr. TAX ID NUMBER_ 41510440009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MICHAEL F. WEIR, Trustee, under the CELINE WEIR DECLARATION OF TRUST DATED AUGUST 25, 1995, whose address is 32859 Walnut Drive, Avon, OH 44011, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be THIRTY- SEVEN THOUSAND FIVE HUNDRED and 001100 DOLLARS ($37,500), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The CONSERVATION COLLIER - CYCLE 118 GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail Fast, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. CONSERVATION COLLIER -CYCLE 11B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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 CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER41510440009 Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PROBATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE -WEIR Tr. TAX ID NUMBER 41510440009 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 X1. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Michael F. Weir, Trustee, under the Celine Weir Declaration of Trust Dated August 25, 1995 32859 Walnut Drive Avon, OH 44011 Telephone number: 440-308-8801 E-mail: mikew@advance-door.com 11.02 The addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to CONSERVATION COLLIER -- CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER: 41510440009 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. X111. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 if the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE -WEIR Tr. TAX ID NUMBER: 41510440009 Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA in RICK LOCASTRO, Chairman [SIGNATURE APPEARS ON THE FOLLOWING PAGE] CONSERVATION COLLIER --CYCLE 1115 GORE PRESERVE —WEIR Tr. TAX ID NUMBER: 41510440009 AS TO SELLER: DATED- WITNESSES - (Signature) L,i--, _ (�J`�3c', I (Print Witness Name) (Signature) (Print Witness Name) Approved as to form and legality: Ronald T Tomasko, Assistant County Attorney THE CELINE WEIR DECLARATION OF TRUST DATED AUGUST 25, 1995 By: `7 ) — ' rzl9�eP MICHAEL F. WEIR, Trustee CONSERVATION COLLIER - CYCLE 11 B GORE PRESERVE - WEIR Tr. TAX ID NUMBER- 41,910440009 EXHIBIT "A" GOLDEN GATE EST UNIT 91 W 150FT OF TR 112 OR 414 PG 339-40 TOGETHER WITH ALL THE TENEMENTS, HFREDITAMENTS AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING, Parcel Number: 41510440009 2.27 acres Conservation Collier Land Acquisition Program Project Design Report Gutierrez Property Date: July 2023 Property Owners: Michael Gutierrez Folios : 00344400007 Location: North of I-75 and east of the Collier County landfill; near the southern portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 4.88 acres Purchase Price: $81,100 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/26/2023 6/2/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Gutierrez parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the Florida panther. This parcel contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within a Natural Resource Protection Area. Proiected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $2,000 $1,000 $1,000 $1,000 $750 Cabbage palm treatment $2,000 Total $4,000 $1,000 $1,000 $1,000 $750 2 0 1 2 3 Miles GUTIERREZ, MICHAELA Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas C NSE ATION LLIER Coi v County Gutierrez Property Location Map ;egg � fOUL � �°•'� h y,�Sr� �R�r{��-INS IF A 41 � d s f0 OI2 Miles GUTIERREZ, MICHAELA Accepted Offer North Belle Meade Preserve Other Conservation Areas Gutierrez Property Aerial Map al CO*ev County CON E ATION LL[ER 'A CONSERVATION COLLIER TAX ID NUMBER: 00344400007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MICHAEL A. GUTIERREZ, a married man, whose address is 19662 Sacramento Ln., Huntington Beach, CA 92646 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Eighty One Thousand One Hundred Dollars and 001100 dollars ($81,100.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 1 CONSERVATION COLLIER TAX ID NUMBER, 00344400007 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, CONSERVATION COLLIER TAX ID NUMBER: 00344400007 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. if the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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. CONSERVATION COLLIER TAX #D NUMBER, 00344400007 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seiler within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its 4 0e CONSERVATION COLLIER TAX ID NUMBER: 00344400007 specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property_ 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. CONSERVATION COLLIER TAX ID NUMBER: 00344400007 X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, G4,0 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums. administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical CONSERVATION COLLIER TAX ID NUMBER: 00344400007 condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 8 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 With a copy to: Attn: Deborah Goodaker, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone: 239-252-8922 If to Seller: Michael A. Gutierrez 19662 Sacramento bane Huntington Beach, CA 92646 Telephone: 714-330-5529 MichaelAGutierrez ahoo.com With a copy to: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, 9 CONSERVATION COLLIER TAX 10 NUMBER: 00344400007 personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent Of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which It is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. CONSERVATION COLLIER TAX Id NUMBER: 00344400007 XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: &Iall :iy:I_11.4A0 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA IN , Deputy Clerk RICK LOCASTRO, Chairman THIS PORTION LEFT INTENTIONALLY BLANK SEE NEXT PAGE FOR SELLER SIGNATURES l� CONSERVATION COLLIER TAX ID NUMBER 0034"00007 AS TO SELLER: DATED: ZoZ3 WITNESSES: By: (SFgnature) Print Name: MICHAEL A. GUTIERREZ (Print Witness Name) SELLER v (Signature) (Print Witness Name) Approved as to form and legality: Assistant County Attorney G:/Gutierrez/S&P 060223 04 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 EXHIBIT "A" TO GUTIERREZ AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No 00344400007, as set forth in OR 5088 PG 3372 of the official records of Collier County, Florida, and restated below: THE WEST '/z OF THE NORTH '/z OF THE NORTH '/z OF THE SOUTHEAST '/4 LESS PURPOSES IN SECTION 33, TOWSHIP 49, FLORIDA. Approved as to form and legality: Assistant County Attorney SOUTH '/z OF THE SOUTH '/2 OF THE THE WEST 35' DEDICATED FOR ROA RANGE 27 EAST, COLLIER COUNTY, Gr\Gatierrez Legal Description ��°G1ao3 c�' Conservation Collier Land Acquisition Program Project Design Report Scotti Property Date: July 2023 Property Owners: Mary Scotti Folios : 00344120002 Location: North of I-75 and east of the Collier County landfill; near the eastern portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 8.74 acres Purchase Price: $128,700 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/30/2023 6/06/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Scotti parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the Florida panther. This parcel contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within a Natural Resource Protection Area. Proiected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $3,500 $1,800 $1,800 $1,800 $1,300 Cabbage palm treatment $3,500 Total $7,000 $1,800 $1,800 $1,800 $1,300 2 Strand State Forest 0 1 2 3 Miles SCOTTI TR, MARY A Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas CONSE ATION C LLIER n`,. Co ev County � .:e- �, ,. Scotti Property Location Map I I I 0.2 Miles SCOTTI TR, MARY A North Belle Meade Preserve Other Conservation Areas Scotti Property Aerial Map al CO*ev County CON E ATION LL[ER 'A CONSERVATION COLLIER TAX ID NUMBER: 00344120002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Mary A. Scotti, Trustee of the Mary A. Scotti Separate Property Trust dated May 12, 1989, as to an Undivided 33.33% Interest; Albert G. Lebano, as to an Undivided 33.34% Interest as His Sole and Separate Property; Christopher G. Lebano, as to an Undivided 16.665% Interest as His Sole and Separate Property; and Laura A. O'Brien, as to an Undivided16.665% Interest as Her Sole an Separate Property, All as Tenants in Common, whose address is P.O. Box 5731, La Quinta, CA 92248 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". IIllJ:\'/Jil�►��]�1�1.Z�1:�,�9��:7[�l� 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred Twenty -Eight Thousand Seven Hundred Dollars and 001100 ($128,700.00) (U.S. Currency) payable at time of closing. CONSERVATION COLLIER TAX ID NUMBER: 00344120002 III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company 2 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the CONSERVATION COLLIER TAX ID NUMBER: 00344120002 title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 4 G�� CONSERVATION COLLIER TAX ID NUMBER: 00344120002 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. 5 0 CY CONSERVATION COLLIER TAX ID NUMBER: 00344120002 IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIE 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other E CONSERVATION COLLIER TAX ID NUMBER: 00344120002 property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, C. _ CONSERVATION COLLIER TAX ID NUMBER_ 00344120002 management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investiga- tions or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall 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 a CONSERVATION COLLIER TAX ID NUMBER: 00344120002 the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 If to Seller: Ms. Mary A. Scotti P.O. Box 5731 La Quinta, CA 92248 Telephone number: 619-992-2253 Email: scotti1942Cwahoo.com With a copy to: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 9 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 10 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA Ae- , Deputy Clerk RICK LOCASTRO, Chairman CONSERVATION COLLIER TAX ID NUMBER 00344120002 AS TO SELLERS : DATED: WITNESSES-. (Witness Signature) ;PrEr,i Witness Name) WITNESSES. (Witness Signature) (Print Witness Name) (Witness Signature) (Print Witness Name) MARY A. SCOTTI SEPARATE PROPERTY TRUST dated May 12, 1989, as to an Undivided 33.33% Interest By: ' WAWA-. &6QfTI, Trust e SELLER ALBERT G. LEBANO, as to an Undivided 33,34% Interest as His Sole and Separate Property SELLER 7/10/2023 12:24 PM FROM: Office Depot U71 P. 1 / i at u,:blank AS TO SELLER[S]. DATED _(! f.J� z- 7z-- WITNESSES WITNESSES UARY A SCOTT4 SEPARATE PROPERTY 7 RUS I dated May 12 1989 as to an Undivided 33 33',`: Interesl H. MARY A. SCOTTI Trustee SEDER ALB RT G. L BAND to n ndiwa ... - •_•. E G E a Lt ets 33 34% Interest as His Sole and Seaarate Prar)e^1 �J. 2 SELLEq 6/17/202' 3:17 PM CONSERVATION COLLIER TAX In NUMBER D03447200C2 WITNESSES Pr;rt Maness Nam,: - kA t1 1 Witness Signatu re IVY A �MJO ku VA sit. 761 fT iPnnt Witness N me, WITNESSES. 1W+tness 5;gnat.irc� Nrmt Wil7iess NamE, +Witness Signature A (a ry JaKe- VQLc A {3 Pint V" ir•Bss Nar.,. Approved as to tone and legality Ronald T Tomasko Assistant County Attorney M CHRISTOPHER G. LEBANO. as to an Undivided 16.665% Interest as His Sole and Separate Property SELLER By Wff&�' LAURA A. O'BRIEN. as to an Undivldeq 16 665% Interest as Her Sole and Separate Property SELLER CONSERVATION COLLIER TAX ID NUMBER: 00344120002 EXHIBIT "A" TO SCOTTI AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No. 00344120002, as set forth in OR 3283 PG 1851 of the official records of Collier County, Florida, and restated below: EAST '/ OF THE NORTH '/2 OF THE NORTH '/z OF THE NORTH '/2 OF THE SOUTHEAST % IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 27 EAST, LESS THE NORTH 35 FEET AND THE EAST 35 FEET THEREOF DEDICATED FOR THE ROAD PURPOSES, LYING AND BEING IN COLLIER COUNTY, FLORIDA Approved as to form and legality: Assistant County Attorney 0 i3 G:\Scotti\Lega1 Descriptio aCp 1 hf ,� 1 1 I �'�U GQO Conservation Collier Land Acquisition Program Project Design Report Sponseller Property Date: July 2023 Property Owners: Robert and Bernie Sponseller Folios : 00344200003 Location: North of I-75 and east of the Collier County landfill; adjacent to the western portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 5.00 acres Purchase Price: $90,000 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/30/2023 5/31/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Sponseller parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker. Panther telemetry also indicates significant utilization by the Florida panther. These parcels contribute to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. These parcels also provide an ecological link to the northern range expansion goals of the RCW Recovery Plan. Zoning of parcels is Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending with a portion having Natural Resource Protection Area. Zoning, Growth Management and Land Use Overlays: The three parcels east of the Corkscrew Canal are zoned Estates. The one 4.09-acre parcel west of the Corkscrew Canal is zoned Agricultural. Projected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $2,000 $1,000 $1,000 $1,000 $750 Cabbage palm treatment $2,000 Total $4,000 $1,000 $1,000 $1,000 $750 2 0 1 2 3 Miles 0 SPONSELLER, ROBERT C & BERNIE Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas CO&EATION R CAr County Sponseller Property Location Map 0 0.2 Miles SPONSELLER, ROBERT C & BERNIE - North Belle Meade Preserve CONSE-R- ATION C�LL[ER Coffer County Sponseller Property Aerial Map CONSERVATION COLLIER TAX ID NUMBER: 00344200003 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ROBERT SPONSELLER and BERNIE G. SPONSELLER, husband and wife, whose address is 9857 Sandringham Gate, Naples, FL 34109-1694 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety Thousand Dollars and 001100 dollars ($90,000.00), (U.S. Currency) payable at time of closing. Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 1 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 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 Seiler 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, ��b CONSERVATION COLLIER TAX ID NUMBER: 00344200003 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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. I L CONSERVATION COLLIER TAX 10 NUMBER: 00344200003 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environ-mental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its L CEO CONSERVATION COLLIER TAX ID NUMBER: 00344200003 specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. A CONSERVATION COLLIER TAX ID NUMBER: 00344200003 X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seiler, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, 6 C- CONSERVATION COLLIER TAX ID NUMBER: 00344200003 handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes. as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration. bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical CONSERVATION COLLIER TAX ID NUMBER: 00344200003 condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection} with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 With a copy to: Attn: Deborah Goodaker, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone: 239-252-8922 If to Seller: Robert & Bernie Sponseller 9857 Sandringham Gate Naples, FL 34109-1694 Telephone: 239-290-0551 sponses2Ca7yahoo.com With a copy to: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, 9 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 personal representatives. successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used. shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. GAO CONSERVATION COLLIER TAX ID NUMBER: 00344200003 XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: :. C� OT.I_Z.Y71 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA 21 , Deputy Clerk RICK LOCASTRO, Chairman THIS PORTION LEFT INTENTIONALLY BLANK SEE NEXT PAGE FOR SELLER SIGNATURES CONSERVATION COLLIER TAX ID NUMBER 00344200003 AS TO SELLER: DATED: Ghlt3 WITNESSES- Y (Signature} Print Name: ROBERT C. SPONSELLER ,:Y N iFF-fZ 1 (Print W4ness Names (Print Witness Name) a llotary PubiiC State of Honda Vivian RodrtgueiMy Commission HH 034058 Expires 0&1812024 Approved as to form and legality. Assistant County Attorney SELLER Print Name: BERNIE G_ SPONSELLER SELLER CONSERVATION COLLIER TAX ID NUMBER: 00344200003 EXHIBIT "A" TO SPONSELLER AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No 00344200003, as set forth in OR 3926 PG 2194 of the official records of Collier County, Florida, and restated below: THE WEST '/z OF THE NORTH '/z OF THE SOUTH '/2 OF THE NORTH '/z OF THE SOUTH '/ OF THE NORTHWEST '/4, LESS THE WEST 35 FEET DEDICATED FOR ROAD PURPOSES, SECTION 33, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Approved as to form and legality: Assistant County Attorney V� G:\Sponseller Legal Description Conservation Collier Land Acquisition Program Project Design Report Geren Trust Property Date: July 2023 Property Owners: Michael Geren Trust Folios : 00343800006 Location: North of I-75 and east of the Collier County landfill; near the southern portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 7.84 acres Purchase Price: $129,500 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/30/2023 6/06/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Geren Trust parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the Florida panther. This parcel contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending. Projected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $3,100 $1,600 $1,600 $1,600 $1,200 Cabbage palm treatment $3,100 Total $6,200 $1,600 $1,600 $1,600 $1,200 0 1 2 3 Miles MICHAEL GEREN REV TRUST Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas C NSE ATION �� LLIER Coi v County Geren Trust Property Location Map 0 0.2 Miles MICHAEL GEREN REV TRUST Geren Trust Property Aerial Map 2 CON E ATION LL[ER Coilsev County CONSERVATION COLLIER TAX ID NUMBER. 00343800006 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Michael Geren, as Trustee of the Michael Geren Revocable Trust dated June 3, 2011, and Jonathan A. and Debbie Sue Geren, as Co -Trustees of the Trust No. 81972 dated September 12, 2022, whose address is 13384 Coronado Dr., Naples, Florida 34109 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A" attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 1.02 Seller currently has a December 1, 2014 renewable Agricultural Lease "for the purpose of raising and grazing livestock" in place on the Property which shall terminate with 185 days' notice following execution of this Agreement by Purchaser. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred Twenty -Nine Thousand Five Hundred Dollars and 001100 ($129,500.00), (U.S. Currency) payable at time of closing. 1 CONSERVATION COLLIER TAX !D NUMBER 00343800006 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. Under no circumstance will Purchaser close if cattle are present on Property or said Agricultural Lease is in effect. 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: 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not E CONSERVATION COLLIER TAX ID NUMBER 00343800006 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed, Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 3 C., CONSERVATION COLLIER TAX ID NUMBER: 00343800006 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 to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall Use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 4 CONSERVATION COLLIER TAX ID NUMBER. 00343800006 V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that- 1 . Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environ- mental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. 5 CONSERVATION COLLIER TAX ID NUMBER 00343800006 Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seiler 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. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seiler 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. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 6 CONSERVATION COLLIER TAX ID NUMBER, 00343800006 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or 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. 7 3 0 CONSERVATION COLLIER TAX 0 NUMBER- 00343800006 10.019 With the exception of the Agricultural Lease, which shall be terminated by Seller in due course, there are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investiga- tions or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall a O �S CONSERVATION COLLIER TAX ID NUMBER 00343800006 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xl. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows. - If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 Fax number: 239-252-8876 If to Seller: Michael Geren, Trustee and Jonathan Geren, Trustee 13384 Coronado Drive Naples, Florida 34109 Telephone number: 708-935-5409 Fax number: 239-653-7688 a O CV CONSERVATION COLLIER TAX ID NUMBER. 00343800006 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seiler shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 10 CONSERVATION COLLIER TAX ID NUMBER: 00343B00006 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. II C`- CONSERVATION COLDER -AX +0 NUMBER 00343a00006 IN %N, TNESS WHEREOF. the parties hereto have signed below. Dated Project/Acquisition Approved by BCC AS 70 PURCHASER: ATTEST CRYSTAL K. KINZEL. Clerk of ;he Circu4 Court and Comptroller Deputy Clerk AS TO SELLER DATED - WITNESSES ;VJaness Signature} .Pri"i rJ,.r.ess Namew ;YVtness Sigrave; ;PrintWitiless Name; '2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: _ RICK LOCASTRO, Chairman MICHAEL GEREN REVOCABLE TRUST dated June 3, 2011 By. MICHAEL GEREN Trustee SELLER CONSERVATION COLLIER TAX ID NUMBER D0343800006 WITNESSES THE TRUST NO. 81972 dated September 12, 2002 91-j (Witness Signature) Ld'ONATHAN A GEREN. Co -Trustee SELLER (Print Witness Name} By (Witness Signature; JONATHAN A. GEREN. Agent/Attorney (olblo DEBBIE SUE GEREN Co -Trustee), Pursuant to a Durable Power of Attorney dated October 25, 2006 (Print witness Name) Approved as to form and legality Ronald T. Tomasko. Assistant County Attorney �3 SELLER u 0� Conservation Collier Land Acquisition Program Project Design Report Gutierrez Property Date: July 2023 Property Owners: Michael Gutierrez Folios : 00344400007 Location: North of I-75 and east of the Collier County landfill; near the southern portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 4.88 acres Purchase Price: $81,100 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/26/2023 6/2/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Gutierrez parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the Florida panther. This parcel contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within a Natural Resource Protection Area. Proiected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $2,000 $1,000 $1,000 $1,000 $750 Cabbage palm treatment $2,000 Total $4,000 $1,000 $1,000 $1,000 $750 2 0 1 2 3 Miles GUTIERREZ, MICHAELA Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas C NSE ATION LLIER Coi v County Gutierrez Property Location Map ;egg � fOUL � �°•'� h y,�Sr� �R�r{��-INS IF A 41 � d s f0 OI2 Miles GUTIERREZ, MICHAELA Accepted Offer North Belle Meade Preserve Other Conservation Areas Gutierrez Property Aerial Map al CO*ev County CON E ATION LL[ER 'A CONSERVATION COLLIER TAX ID NUMBER: 00344400007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MICHAEL A. GUTIERREZ, a married man, whose address is 19662 Sacramento Ln., Huntington Beach, CA 92646 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Eighty One Thousand One Hundred Dollars and 001100 dollars ($81,100.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 1 CONSERVATION COLLIER TAX ID NUMBER, 00344400007 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, CONSERVATION COLLIER TAX ID NUMBER: 00344400007 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. if the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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. CONSERVATION COLLIER TAX #D NUMBER, 00344400007 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seiler within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its 4 0e CONSERVATION COLLIER TAX ID NUMBER: 00344400007 specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property_ 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. CONSERVATION COLLIER TAX ID NUMBER: 00344400007 X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, G4,0 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums. administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical CONSERVATION COLLIER TAX ID NUMBER: 00344400007 condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 8 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 With a copy to: Attn: Deborah Goodaker, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone: 239-252-8922 If to Seller: Michael A. Gutierrez 19662 Sacramento bane Huntington Beach, CA 92646 Telephone: 714-330-5529 MichaelAGutierrez ahoo.com With a copy to: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, 9 CONSERVATION COLLIER TAX 10 NUMBER: 00344400007 personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent Of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which It is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. CONSERVATION COLLIER TAX Id NUMBER: 00344400007 XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: &Iall :iy:I_11.4A0 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA IN , Deputy Clerk RICK LOCASTRO, Chairman THIS PORTION LEFT INTENTIONALLY BLANK SEE NEXT PAGE FOR SELLER SIGNATURES l� CONSERVATION COLLIER TAX ID NUMBER 0034"00007 AS TO SELLER: DATED: ZoZ3 WITNESSES: By: (SFgnature) Print Name: MICHAEL A. GUTIERREZ (Print Witness Name) SELLER v (Signature) (Print Witness Name) Approved as to form and legality: Assistant County Attorney G:/Gutierrez/S&P 060223 04 CONSERVATION COLLIER TAX ID NUMBER: 00344400007 EXHIBIT "A" TO GUTIERREZ AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No 00344400007, as set forth in OR 5088 PG 3372 of the official records of Collier County, Florida, and restated below: THE WEST '/z OF THE NORTH '/z OF THE NORTH '/z OF THE SOUTHEAST '/4 LESS PURPOSES IN SECTION 33, TOWSHIP 49, FLORIDA. Approved as to form and legality: Assistant County Attorney SOUTH '/z OF THE SOUTH '/2 OF THE THE WEST 35' DEDICATED FOR ROA RANGE 27 EAST, COLLIER COUNTY, Gr\Gatierrez Legal Description ��°G1ao3 c�' Conservation Collier Land Acquisition Program Project Design Report Scotti Property Date: July 2023 Property Owners: Mary Scotti Folios : 00344120002 Location: North of I-75 and east of the Collier County landfill; near the eastern portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 8.74 acres Purchase Price: $128,700 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/30/2023 6/06/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Scotti parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the Florida panther. This parcel contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within a Natural Resource Protection Area. Proiected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $3,500 $1,800 $1,800 $1,800 $1,300 Cabbage palm treatment $3,500 Total $7,000 $1,800 $1,800 $1,800 $1,300 2 Strand State Forest 0 1 2 3 Miles SCOTTI TR, MARY A Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas CONSE ATION C LLIER n`,. Co ev County � .:e- �, ,. Scotti Property Location Map I I I 0.2 Miles SCOTTI TR, MARY A North Belle Meade Preserve Other Conservation Areas Scotti Property Aerial Map al CO*ev County CON E ATION LL[ER 'A CONSERVATION COLLIER TAX ID NUMBER: 00344120002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Mary A. Scotti, Trustee of the Mary A. Scotti Separate Property Trust dated May 12, 1989, as to an Undivided 33.33% Interest; Albert G. Lebano, as to an Undivided 33.34% Interest as His Sole and Separate Property; Christopher G. Lebano, as to an Undivided 16.665% Interest as His Sole and Separate Property; and Laura A. O'Brien, as to an Undivided16.665% Interest as Her Sole an Separate Property, All as Tenants in Common, whose address is P.O. Box 5731, La Quinta, CA 92248 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". IIllJ:\'/Jil�►��]�1�1.Z�1:�,�9��:7[�l� 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred Twenty -Eight Thousand Seven Hundred Dollars and 001100 ($128,700.00) (U.S. Currency) payable at time of closing. CONSERVATION COLLIER TAX ID NUMBER: 00344120002 III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company 2 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the CONSERVATION COLLIER TAX ID NUMBER: 00344120002 title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 4 G�� CONSERVATION COLLIER TAX ID NUMBER: 00344120002 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. 5 0 CY CONSERVATION COLLIER TAX ID NUMBER: 00344120002 IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIE 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other E CONSERVATION COLLIER TAX ID NUMBER: 00344120002 property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, C. _ CONSERVATION COLLIER TAX ID NUMBER_ 00344120002 management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investiga- tions or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall 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 a CONSERVATION COLLIER TAX ID NUMBER: 00344120002 the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 If to Seller: Ms. Mary A. Scotti P.O. Box 5731 La Quinta, CA 92248 Telephone number: 619-992-2253 Email: scotti1942Cwahoo.com With a copy to: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 9 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 10 CONSERVATION COLLIER TAX ID NUMBER: 00344120002 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA Ae- , Deputy Clerk RICK LOCASTRO, Chairman CONSERVATION COLLIER TAX ID NUMBER 00344120002 AS TO SELLERS : DATED: WITNESSES-. (Witness Signature) ;PrEr,i Witness Name) WITNESSES. (Witness Signature) (Print Witness Name) (Witness Signature) (Print Witness Name) MARY A. SCOTTI SEPARATE PROPERTY TRUST dated May 12, 1989, as to an Undivided 33.33% Interest By: ' WAWA-. &6QfTI, Trust e SELLER ALBERT G. LEBANO, as to an Undivided 33,34% Interest as His Sole and Separate Property SELLER 7/10/2023 12:24 PM FROM: Office Depot U71 P. 1 / i at u,:blank AS TO SELLER[S]. DATED _(! f.J� z- 7z-- WITNESSES WITNESSES UARY A SCOTT4 SEPARATE PROPERTY 7 RUS I dated May 12 1989 as to an Undivided 33 33',`: Interesl H. MARY A. SCOTTI Trustee SEDER ALB RT G. L BAND to n ndiwa ... - •_•. E G E a Lt ets 33 34% Interest as His Sole and Seaarate Prar)e^1 �J. 2 SELLEq 6/17/202' 3:17 PM CONSERVATION COLLIER TAX In NUMBER D03447200C2 WITNESSES Pr;rt Maness Nam,: - kA t1 1 Witness Signatu re IVY A �MJO ku VA sit. 761 fT iPnnt Witness N me, WITNESSES. 1W+tness 5;gnat.irc� Nrmt Wil7iess NamE, +Witness Signature A (a ry JaKe- VQLc A {3 Pint V" ir•Bss Nar.,. Approved as to tone and legality Ronald T Tomasko Assistant County Attorney M CHRISTOPHER G. LEBANO. as to an Undivided 16.665% Interest as His Sole and Separate Property SELLER By Wff&�' LAURA A. O'BRIEN. as to an Undivldeq 16 665% Interest as Her Sole and Separate Property SELLER CONSERVATION COLLIER TAX ID NUMBER: 00344120002 EXHIBIT "A" TO SCOTTI AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No. 00344120002, as set forth in OR 3283 PG 1851 of the official records of Collier County, Florida, and restated below: EAST '/ OF THE NORTH '/2 OF THE NORTH '/z OF THE NORTH '/2 OF THE SOUTHEAST % IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 27 EAST, LESS THE NORTH 35 FEET AND THE EAST 35 FEET THEREOF DEDICATED FOR THE ROAD PURPOSES, LYING AND BEING IN COLLIER COUNTY, FLORIDA Approved as to form and legality: Assistant County Attorney 0 i3 G:\Scotti\Lega1 Descriptio aCp 1 hf ,� 1 1 I �'�U GQO Conservation Collier Land Acquisition Program Project Design Report Sponseller Property Date: July 2023 Property Owners: Robert and Bernie Sponseller Folios : 00344200003 Location: North of I-75 and east of the Collier County landfill; adjacent to the western portion of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 5.00 acres Purchase Price: $90,000 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owner CCLAAC 8/03/2022 12/13/2022 5/30/2023 5/31/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Sponseller parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker. Panther telemetry also indicates significant utilization by the Florida panther. These parcels contribute to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. These parcels also provide an ecological link to the northern range expansion goals of the RCW Recovery Plan. Zoning of parcels is Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending with a portion having Natural Resource Protection Area. Zoning, Growth Management and Land Use Overlays: The three parcels east of the Corkscrew Canal are zoned Estates. The one 4.09-acre parcel west of the Corkscrew Canal is zoned Agricultural. Projected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $2,000 $1,000 $1,000 $1,000 $750 Cabbage palm treatment $2,000 Total $4,000 $1,000 $1,000 $1,000 $750 2 0 1 2 3 Miles 0 SPONSELLER, ROBERT C & BERNIE Accepted Offer North Belle Meade Preserve Managed Conservation Areas Other Conservation Areas CO&EATION R CAr County Sponseller Property Location Map 0 0.2 Miles SPONSELLER, ROBERT C & BERNIE - North Belle Meade Preserve CONSE-R- ATION C�LL[ER Coffer County Sponseller Property Aerial Map CONSERVATION COLLIER TAX ID NUMBER: 00344200003 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ROBERT SPONSELLER and BERNIE G. SPONSELLER, husband and wife, whose address is 9857 Sandringham Gate, Naples, FL 34109-1694 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety Thousand Dollars and 001100 dollars ($90,000.00), (U.S. Currency) payable at time of closing. Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 1 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 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 Seiler 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, ��b CONSERVATION COLLIER TAX ID NUMBER: 00344200003 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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. I L CONSERVATION COLLIER TAX 10 NUMBER: 00344200003 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environ-mental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its L CEO CONSERVATION COLLIER TAX ID NUMBER: 00344200003 specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. A CONSERVATION COLLIER TAX ID NUMBER: 00344200003 X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seiler, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, 6 C- CONSERVATION COLLIER TAX ID NUMBER: 00344200003 handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes. as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration. bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical CONSERVATION COLLIER TAX ID NUMBER: 00344200003 condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection} with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 With a copy to: Attn: Deborah Goodaker, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone: 239-252-8922 If to Seller: Robert & Bernie Sponseller 9857 Sandringham Gate Naples, FL 34109-1694 Telephone: 239-290-0551 sponses2Ca7yahoo.com With a copy to: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, 9 CONSERVATION COLLIER TAX ID NUMBER: 00344200003 personal representatives. successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used. shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. GAO CONSERVATION COLLIER TAX ID NUMBER: 00344200003 XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: :. C� OT.I_Z.Y71 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA 21 , Deputy Clerk RICK LOCASTRO, Chairman THIS PORTION LEFT INTENTIONALLY BLANK SEE NEXT PAGE FOR SELLER SIGNATURES CONSERVATION COLLIER TAX ID NUMBER 00344200003 AS TO SELLER: DATED: Ghlt3 WITNESSES- Y (Signature} Print Name: ROBERT C. SPONSELLER ,:Y N iFF-fZ 1 (Print W4ness Names (Print Witness Name) a llotary PubiiC State of Honda Vivian RodrtgueiMy Commission HH 034058 Expires 0&1812024 Approved as to form and legality. Assistant County Attorney SELLER Print Name: BERNIE G_ SPONSELLER SELLER CONSERVATION COLLIER TAX ID NUMBER: 00344200003 EXHIBIT "A" TO SPONSELLER AGREEMENT FOR SALE AND PURCHASE LEGAL DESCRIPTION for Parcel No 00344200003, as set forth in OR 3926 PG 2194 of the official records of Collier County, Florida, and restated below: THE WEST '/z OF THE NORTH '/z OF THE SOUTH '/2 OF THE NORTH '/z OF THE SOUTH '/ OF THE NORTHWEST '/4, LESS THE WEST 35 FEET DEDICATED FOR ROAD PURPOSES, SECTION 33, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Approved as to form and legality: Assistant County Attorney V� G:\Sponseller Legal Description Conservation Collier Land Acquisition Program Project Design Report McGinnis Property Date: July 2023 Property Owners: Patricia E. McGinnis and Stanley E. Magner Folios : 39150600004 Location: GOLDEN GATE EST UNIT 47 E 75FT OF W 150FT TR 92 Size: 1.14 acres Purchase Price: $42,800 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 8/3/2022 12/13/2022 5/30/2023 6/5/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southern section of the Horsepen Strand within the Panther Walk Preserve project area. The McGinnis parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 70th Ave NE off of Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Proiected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $342 $228 $228 $228 $171 Signage $200 Total $542 $228 $228 $228 $171 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. Miles ® MCGINNIS, PATRICIA E Panther Walk Preserve 0.15 CON -Lit-VAT1ON L L" coi[ier co..ry CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - MCGINNIS/MAGNER TAX ID NUMBER: 39150600004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between PATRICIA E. McGINNNIS and STANLEY E. MAGNER, as tenants in common, whose address is 5512 N. Shore Dr., Leo, IN 46765 (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A" II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FORTY- TWO THOUSAND EIGHT HUNDRED and 001100 DOLLARS ($42,800), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration ■ CONSERVATION COLLIER — CYCLE 11A PANTHER WALK —McGINNISIMAGNER TAX ID NUMBER: 39150600004 Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - MCGINNISIMAGNER TAX ID NUMBER: 39150600004 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing, 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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 CONSERVATION COLLIER -M CYCLE 11A PANTHER WALK — McGINNISIMAGNER TAX ID NUMBER: 39150600004 written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - MCGINNIS/MAGNER TAX ID NUMBER: 39150600004 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to C,1 I CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - MCGINNISIMAGNER TAX ID NUMBER: 39150600004 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the CONSERVATION COLLIER --CYCLE 11A PANTHER WALK - MCGINNISIMAGNER TAX 10 NUMBER: 39150600004 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property, all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental CONSERVATION COLLIER — CYCLE 11A PANTHER WALK — McGINNISIMAGNER TAX ID NUMBER: 39150600004 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. CONSERVATION COLLIER -CYCLE i IA PANTHER WALK - MCGINNISIMAGNER TAX ID NUMBER: 39150600004 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, FL 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Patricia E. McGinnnis 5512 N. Shore Dr. Leo, IN 46765 Telephone number: 260-409-4804 E-mail: morningdove1967@gmail.com With a copy to: Stanley E. Magner 68 N-5000 W Rd Kankakee, IL 60901 Telephone Number: (815) 216-0893 E-Mail: stanleymagner@gmail.com 11.02 The addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. CONSERVATION COLLIER - CYCLE i 1A PANTHER WALK - MCGINNISIMAGNER TAX ID NUMBER: 39150600004 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 if any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - McGINNIS/MAGNER TAX ID NUMBER: 39150600004 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA la RICK LOCASTRO, Chairman ['SIGNATURES APPEAR ON THE FOLLOWING PAGE] [SIGNATURES APPEAR ON THE FOLLOWING PAGE] AS TO SELLER: DATED: �)—g& JtJ WITNESSES: a . $y: P (5ignalure) PATRICIA E. McGINNNIS S k ( d � W,// �r�� (Print Witness Name) (Signature) 0 (Print Witness Name) > C W,,c�L fA i-r--F� (Signature) (Print Witness Name) (Signature) (Print Witness Name) By: STANLEY E. MAGNER Approved as to form and legality: 0� 1 CONSERVATION COLLIER — CYCLE 11A PANTHER WALK — MCGINNISIMAGNER TAX ID NUMBER: 39150600004 AS TO SELLER: DATED: i /t! / 9, gv� 'P--3 WITNESSES: (Signature) (Print Witness Name) (Signature) (Print Witness Name) (Signature) (Print Witness Name) r--�-A4-1 ( nature) (Print Witness Name) Wfo m and legality: onald T. Tomasko, Assistant County Attorney M PATRICIA E. McGINNNIS oe B0. y: XZ�JG -,�, � �. P/�Ildldm� STANLEY E.f AGNER ORIGINAL CONSERVATION COLLIER —CYCLE 11A PANTHER WALK — McGINNISIMAGNER TAX ID NUMBER: 39150600004 EXHIBIT "A" The East 75 feet of the West 150 feet of Tract 92 Unit 47 GOLDEN GATE ESTATES according to the plat thereof recorded in Plat Book 7 Page 32 of the Public Records of Collier County, Florida. Conservation Collier Land Acquisition Program Project Design Report Repola Braffman Property Date: June 2023 Property Owners: Andrea Repola Braffinan and Mary Hayes-Macaluso Folios : 38848960002 Location: GOLDEN GATE EST UNIT 42 W 75FT OF E 150FT OF TR 101 Size: 1.14 acres Purchase Price: $42,800 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 8/3/22 12/13/2022 5/30/2023 5/30/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southern section of the Horsepen Strand within the Panther Walk Preserve project area. The Repola Braffman parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 62" d Ave NE off of Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Proiected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $342 $228 $228 $228 $171 Signage $200 Total $542 $228 $228 $228 $171 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. F1 0 0.15 Miles Q BRAFFMAN, ANDREA REPOLA Property Owner Accepted Offer Panther Walk Preserve !I c ATION LLIER C-Ar C Ury CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ANDREA REPOLA BRAFFMAN, a married person, whose address is 6001 N Ocean Drive, Apt. 505, Hollywood, FL 33019 and MARY HAYES-MACALUSO, a married person, whose address is 253 Tropic Drive, Lauderdale by the Sea, FL 33308, as Tenancy in Common, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"}. W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FORTY- TWO THOUSAND EIGHT HUNDRED and 001100 DOLLARS ($42,800), (U.S. Currency) payable at time of closing. 111. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title small 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to adjustment for prorations as hereinafter set forth. CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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 CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. in the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year's taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to CONSERVATION COLLIER -CYCLE 11A PANTHER WALK -- REPOLA BRAFFMAN/MACALUSO TAX ID NUMBER: 38848960002 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10,016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental CONSERVATION COLLIER - CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. CONSERVATION COLLIER -CYCLE 11A PANTHER WALK -- REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Andrea Repola Braffman 6001 N Ocean Drive, Apt. 505 Hollywood, Florida 33019 Telephone number: (954) 347-1654 E-mail: and rea.braffman@gmail, corn With a copy to: Mary Hayes-Macaluso 253 Tropic Drive Lauderdale by the Sea, Florida 33308 Telephone number: (954) 249-5096 E-mail: hayesmac@comcast.net 11.02 The addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. l�0 CONSERVATION COLLIER -CYCLE 1 1A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX 10 NUMBER: 38848960002 Xll. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seiler as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. CONSERVATION COLLIER - CYCLE 11A PANTHER WALK -- REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 13.08 Seller is aware of and understands that the `offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA , Deputy Clerk RICK LOCASTRO, Chairman [SIGNATURE(S)APPEAR ON THE FOLLOWING PAGE] CONSERVATION COLLIER —CYCLE 11A PANTHER WALK— REPOLA BRAFFMAN/MACALUSO TAX ID NUMBER! 38848960002 AS TO SELLER: DATE D A 'AI\G` _\ 6'-' WITNESSES: 1<41,w c (Signature) (Print Witness �nnName) i 4� (Signature) o j d D y )-I A MAet L (Print Witness Name) (Signature) (Print Witness Name) (Signature) (Print Witness Name) Appro as to form and legality: Ronald T. Tomasko, Assistant C my Attorney By: ANDREA REPOLA BRAFFMAN MARY HAYES-MACALUSO X CONSERVATION COLLIER — CYCLE 11A PANTHER WALK — REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 AS TO SELLER: DATED: WITNESSES: (Signature) (Print Witness Name) (Signature) (Print Witness Name) ignature Appro as to form and legality: a ssrl . �1, 0-vM 4z, Ronald T. Tomasko, Assistant County Attorney ANDREA REPOLA BRAFFMAN By: w MARY Y S-M CALUSO CONSERVATION COLLIER -CYCLE 11A PANTHER WALK - REPOLA BRAFFMANIMACALUSO TAX ID NUMBER: 38848960002 EXHIBIT "A" The West 75 feet of the East 150 feet of Tract 101, Golden Gate Estates Unit 42, according to the plat thereof, recorded in Plat Book 7, Page 27, of the Public Records of Collier County. Parcel ID Number: 38848960002 1.14 acres Conservation Collier Land Acquisition Program Project Design Report Scalley Property Date: July 2023 Property Owners: William and Martha Scalley Folios : 38846640007 Location: GOLDEN GATE EST UNIT 42 E 75FT OF W 150FT OF TR 79 Size: 1.14 acres Purchase Price: $42,800 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 8/3/2022 12/13/2022 5/24/2023 5/26/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southern section of the Horsepen Strand within the Panther Walk Preserve project area. The Scalley parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 58th Ave NE off of Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Proiected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $342 $228 $228 $228 $171 Signage $200 Total $542 $228 $228 $228 $171 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. Miles ® SCALLEY JR, WILLIAM J & MARTHA Panther Walk Preserve 0.15 C -EiC LLI N C LLIER cotbe CrJsze7t:y� :; CONSERVATION COLLIER --CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.! 38846640007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WILLIAM JOSEPH SCALLEY, Jr. and MARTHA L. SCALLEY, husband and wife, whose address is 6603 Wind Ridge Road, Mt. Airy, MD 21771, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A," attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FORTY- TWO THOUSAND EIGHT HUNDRED and 001100 DOLLARS ($42,800), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: CONSERVATION COLLIER — CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 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 Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. CONSERVATION COLLIER —CYCLE 11 PANTHER WALK- 5CALLEY PARCEL No.: 38846640007 3.03 Purchaser shall pay for the cost of recording the Warranty Deed, Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in CONSERVATION COLLIER -CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: n846640007 acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. CONSERVATION COLLIER —CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigations. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of the current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. CONSERVATION COLLIER -- CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were CONSERVATION COLLIER —CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the CONSERVATION COLLIER — CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: William Joseph Scalley, Jr. and Martha L. Scalley 6603 Wind Ridge Road Mt. Airy, Maryland 21771 Telephone number: 301-829-8980 Email: bscalleyjr@gmaii.com CONSERVATION COLLIER — CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 11.02 The addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. CONSERVATION COLLIER —CYCLE 19 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 13.07 if any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 if the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN RICK LOCASTRO, Chairman [SIGNATURES APPEAR ON THE FOLLOWING PAGE] CONSERVATION COLLIER — CYCLE 11 PANTHER WALK- SCALLEY PARCEL No.: 38846640007 DATED: WITNEWES: Y � (Signature) r (Print Witness (Signature) t q L v-' L p (Print Witness Name) (Print Witness Name) (5ignatur A. , WILLIAM i ' PH S ',ALLEY Jr. qi Byrd G MARTHA L. SCALLEY d�Mf e-a1 lC L N (Print Witness Name) Appr v as to rrn and legality: Ronald T. Tomasko, Assistant County Attorney EXHIBIT "A" The East 75' of the West 150' of Tract 79, Unit 42 Golden Gate Estates according to the plat thereof recorded in Plat Book 7, Page 27 of the Public Records of Collier County, Florida. Parcel No. 38846640007 1.4 acres Conservation Collier Land Acquisition Program Project Design Report Perona Property Date: July 2023 Property Owner(s): Barbara Perona Folio: 39957360000 Location: GOLDEN GATE EST UNIT 65 E 105FT OF TR 61 Size: 1.59 acres Purchase Price: $39,800 History of Proiect: Selected for the "A" category, AAL most recently Letter sent to Offer #1 priority, on the Active approved by BCC Winchester Accepted Acquisition List (AAL) by Head owners CCLAAC 12/15/04 12/13/2022 9/20/22 6/07/23 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Perona parcel is within the Winchester Head multi -parcel project. Winchester Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115 parcels (158.67 acres) were identified as being important for acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels which are more than half wetland. The entire project site is within North Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection Area. One important reason for the selection of Winchester Head as a conservation target is that this area functions to provide floodplain storage for surrounding home sites during high rainy season. These types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, South Florida Water Management District and are a component of flood control for the area. Winchester Head has also been targeted for future watershed improvement projects (North Golden Gate Flowway Restoration Project) in the County's Watershed Management Plan. At this time, Conservation Collier owns 99.02 acres out of a total of 158.67 acres, or 62% of the project area. Additional program criteria that would be satisfied by this acquisition include protection of surface and ground water resources, protection of wetland dependent species habitat, and good potential for restoration. This parcel is primarily cypress forest with a sparse canopy of large trees, an understory of swamp fern, royal fern, and saw grass, with a low midstory of coastal plain willow, dahoon holly, and button bush. There is a low infestation of Brazilian pepper and old-world climbing fern. A paved public road (39th Ave NE) provides access to the parcel and allows the property to be readily viewed. Zoning, Growth Management and Land Use Overlays: The Winchester Head project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Active management of the entire project area is not feasible until a significant contiguous area can be acquired. While Winchester Head as a whole is relatively free of exotic plants, ongoing control is done annually or as needed. Exotic maintenance should be minimal and will be included in the management budget for the overall Winchester Head project. Most of the project area for Winchester Head is wetlands, and trails are not feasible. A raised boardwalk would be the best public access opportunity; however, this will not be considered until sometime well into the future of the project when more parcels are acquired. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, the three roads (37th, 391h, and 41st Streets NE) provide paved access to the project area but the only parking is the road right-of-way. At present, a visitor parking area is not available but could be constructed in the future. An educational kiosk can be placed along one of the roads through the project containing information on wetlands and on the preservation of the area. Signs can be placed at boundaries along the roadways. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $477 $318 $318 $318 $239 Signage $200 Total $677 $318 $318 $318 $239 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Miles PERONA, MICHAEL & BARBARA E Property Owner Accepted Offer Winchester Head Preserve GON ATION —100DWER Co Lier County CONSERVATION COLLIER TAX ID NUMBER 39957360000 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BARBARA E. PERONA, Individually and as Surviving Joint Tenant with Full Rights of Survivorship, whose address is 739 Jaques Ave., Rahway, New Jersey 07065-3831 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10,00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". Il. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty - Nine Thousand Eight Hundred Dollars and 00/100 ($39,800.00), (U.S. Currency) payable at time of closing. IIlillt�l��byf►[e7 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall 1 op CONSERVATION COLLIER TAX Q NUMBER: 39957360000 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: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seiler closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. a CONSERVATION COLLIER TAX ID NUMBER: 39957360000 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, 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 3 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4,013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seiler shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (50) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environ- mental laws and the Property is free from any pollution or contamination. 4 Cho CONSERVATION COLLIER TAX ID NUMBER: 39957360000 4, The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. NIWa0*1*1*3101i•I 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have 5 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 6 CONSERVATION COLLIER TAX ID NUMBER: 39957360000 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seiler claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or W CONSERVATION COLLIER TAX ID NUMBER: 39957360000 improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investiga- tions or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. a �4 G CONSERVATION COLLIER TAX ID NUMBER: 39957360000 XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Deborah K. Goodaker Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 Fax number: 239-252-8876 If to Seller: Barbara E. Perona 739 Jaques Avenue Rahway, NJ 07065-3831 Telephone number: 609-442-5646 Dom ingo041092[a)-gmail.com With a copy to: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 9 CONSERVATION COLLIER TAX Ip NUMBER: 39957360000 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 10 CONSERVATION COLDER TAX ID NUMBER, 39957360000 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC. - AS TO PURCHASER. - ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA , Deputy Clerk EM 11 RICK LOCASTRO, Chairman CONSERVATION COLLIER TAX 1D NUMBER 39957360000 AS TO SELLER: �J DATED: �a2� WITNESSES: 44k2�s (Witness Signature) Slr 0— KQkj S (Print Witness Name) WVitness Signature) I _�Sa V-ff)C a (Print Witness Name) Mt3h4LCA+-L WOLLMANN NotaryPu[7lic,Stteof New Jersey MrCor�missTpn Expires May W-2025 ,� o.,��'cA Gc� D��mAr✓.✓ Approved as to form and legality: Ronald T Tomasko. Assistant County Attorney 12 By: ems, E. �,�.�. BARBARA E PERONA, Individually and as Surviving Joint Tenant With Full Rights of Survivorship SELLER Conservation Collier Cycle 12A Active Acquisition List for CCLAAC review 7-14-23 Estimated Estimated Staff Proposed CCLAAC Priority for Property/Project area Name Size (ac) Value Value per List Category Staff Comments Recommended "A" acre Category Category Matlalatl LLC 2.83 $3,400,000 $1,201,413 C Primarily mangrove; within PUD with required annual fees and challenging public access North Belle Meade Preserve Project 13.37 $74,4001 $5,565 Murawski Trust 4.87 $24,400 $5,010 A Adjacent to existing preserve Volpe Trust 8.50 $50,000 $5,882 A Adjacent to existing preserve Pepper Ranch Preserve Project - Rosbough 32.50 $278,000 $8,554 A Adjacent to existing preserve Enterprises Symphony Properties, LLC 150.00 $7,100,000 $47,333 A Large acreage; native habitat in good condition Dr. Robert H. Gore Preserve Multi -Parcel Project 20.50 $464 161 $22 642 A Currentlyon A -list Cycle 12A allocation - 10 parcels* Panther Walk Preserve Multi -Parcel Project Cycle 31.60 $934 791 $29,582 A Currentlyon A -list 12A allocation - 15 parcels* Red Maple Swamp (NGGE Unit 53) Multi -parcel 10.00 $187,210 $18,721 A Currently on A -list Project Cycle 12A allocation - 4 parcels* Winchester Head Multi -parcel Project Cycle 12A 10.00 $275,000 $27,500 A Currently on A -list allocation - 4 parcels* A -LIST TOTAL - CYCLE 12A 270.80 $12,713,562 $46,948 Dr. Robert H. Gore III Preserve Multi -parcel 380.00 $8,603,960 $22,642 A Currently on A -list Project (142 parcels) Panther Walk Preserve Multi -parcel Project (186 360.10 $10,652,478 $29,582 A Currently on A -list parcels) Red Maple Swamp (NGGE Unit 53) Multi -parcel 50.70 $949,155 $18,721 A Currently on A -list Project (18 parcels remaining) Winchester Head Multi -parcel Project (35 parcels 42.40 $1,166,000 $27,500 A Currently on A -list remaining) Multi -Parcel Projects Total** 833.20 $21,371,593 $25,650 A -LIST TOTAL (including all multi -parcel projects) 1,104.00 $34,085,155 $30,874 B-LIST PROPERTIES FROM CYCLE 11A AND CYCLE 11B FOR RECONSIDERATION Dombrowiski parcel (Cycle I IA) 1.14 $59,000 $51,754 B Acquire if other parcels in area are acquired. H C & J S Adams Trust (Cycle 11A) 4.34 $36,900 $8,502 C Difficult to access, very low vulerability and small size Hoffman parcel (Cycle I I ) 15.00 $70,000 $4,667 B Isolated parcel; difficult to manage; Acquire if other parcels in area are acquired. McIlvane Marsh Preserve Project - Connection 5.00 $26,500 $5,300 B In -holding adjacent to west parcel; difficult to Investors Group LLC (Cycle 11B) access; not an impediment to management Sanitation & Bethune Rd Parcels (Barron Collier 370.00 $4,810,000 $13,000 C Cost of Phase 2 Environmental Assessment testing Partnership)(Cycle 11A (C y ) prior to acquisition is cost prohibitive B-LIST TOTAL 395.48 $5,002,400 $12,649 Note: a "Preserve Project" is an expansion of an existing Conservation Collier Preserve *Letters will be sent to Multi -parcel Project Areas at least once per fiscal year as budget allows. A specific amount is being allocated to Multi -Parcel Project areas in Cycle 12A for budgeting purposes. If more applications are submitted and budget is available, acquisitions may occur in excess of the allocation. The number of parcels acquired in a Cycle is also dependent on the parcel sizes. Conservation Collier - Cycle 12A Property Summaries Table of Contents Cycle 12A Properties Matlalatl LLC pg. 2 North Belle Meade Preserve Project — Murawski Trust pg. 4 North Belle Meade Preserve Project — Volpe Trust pg. 7 Pepper Ranch Preserve Project — Rosbough Enterprises pg. 10 Symphony Properties LLC pg. 12 Dr. Robert H. Gore III Multi -Parcel Project pg. 14 Panther Walk Preserve Multi -Parcel Project pg. 17 Red Maple Swamp Preserve Multi -Parcel Project pg. 20 Winchester Head Preserve Multi -Parcel Project pg. 22 B-List Properties from Cycles 11A and 11B Dombrowiski pg. 24 H C & J S Adams Trust pg. 26 Hoffman pg. 28 Mcllvane Marsh Preserve Project - Connection Investors pg. 30 Sanitation & Bethune Rd Parcels (Barron Collier Partnership) pg. 32 Proposed for review by Conservation Collier Land Acquisition Advisory Committee on July 14, 2023 CCLAAC Conservation Collier Property Summary Cycle 12A Matlalatl, LLC Property Name: Matlalatl, LLC Target Protection Area: Urban Total Estimated Market Value: TBD Owner(s): Matlalatl, LLC Acreage: 2.83 acres Highlights: • Location: Horr's Island (AKA Key Marco) - 1079, 1085, and 1091 Blue Hill Creek Dr. • Met 4 out of 6 Initial Screening Criteria: Native plant communities; water resource value; biological and ecological value; conservation land enhancement • Habitat: Mangrove swamp; maritime hammock • Listed Plants: None observed • Listed Wildlife: Gopher tortoise burrows observed; probable use by listed wading birds • Water Resource Values: Primarily wetlands; storm surge protection • Connectivity: Adjacent to Rookery Bay NERR to the north • Access: Public access to adjacent roadway via gated entrance with fee. Under current HOA by-laws, public access trails would not be allowed on parcels. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $570 and ongoing annual estimated at $280; Signage estimate is $200; Annual HOA fee is $18,600; Annual CDD fee is $4,800; Capital Contribution Fee upon acquisition is $18,000 • Partnership Opportunities: Audubon of Western Everglades — gopher tortoise • Zoning/Overlays: City of Marco Island PUD; Deltona Settlement lands • Surrounding land uses: Undeveloped single-family; conservation; roadway • All Criteria Score: 246 out of 400; high restoration/management and vulnerability scores • Other Division Interest: None known • Acquisition Considerations: Lots are residential — under HOA by-laws can only be used for residential purposes, not recreational; fees for HOA and CDD would total $23,400 annually. Page 2 of 35 Total Score: 246/400 200 160 150 100 88 80 7880 80 60 50 20 0 1- Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points CCLAAC Conservation Collier Property Summary Cycle 12A Matlalatl, LLC SHEFFirtLE)AVE qy BPHP�AA�� n� RAlMgQLv co9De a -- .+ VILLACT .pplm SAN MARCO RD S � q J u W U - /`. A ♦ m . LRryp,DR. c'Yf- Yn d f cw Otter Mound ♦ "��'„ �' , EEKOR Preserve r.+. A tj ♦ a I o i 2 " Miles - ,- _ � �# MATLALATL, LLC. i ;� Y - w3C parcel - 1tAA-list - •tom+4YI' t :•i-; - Canservaticn Collier Preserve Other Conservation Areas - e 4 CON ATION LCI[R Page 3 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Murawski Trust Property Name: Murawski Trust Target Protection Area: RFMUD — NBMO — NRPA - Sending Total Estimated Market Value: TBD Highlights: • Location: East and adjacent to Conservation Collier's North Belle Meade Preserve and north and adjacent to private conservation land • Met 4 out of 6 Initial Screening Criteria: Native plant communities; protection of water resources; biological and ecological value; conservation land enhancement • Habitat: Pine flatwoods; cypress • Listed Plants: Giant air plant (Tillandsia utriculate) • Listed Wildlife: Red Cockaded Woodpecker (RCW) observed on adjacent parcels - historic nesting/foraging habitat for endangered RCW; Panther telemetry indicates significant utilization • Water Resource Values: Wetlands on portions, aquifer recharge, and sheet flow on property • Connectivity: Contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. Provides an ecological link to the northern range expansion goals of the RCW Recovery Plan • Access: Currently no public right of way access • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $2,000 and ongoing annual estimated at $750; Cabbage Palm thinning and native re -planting estimated at $3,000 • Partnership Opportunities: None • Zoning/Overlays: Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within Natural Resource Protection Area (A-RFMUO- NBMO-NRPA-Sending) • Surrounding land uses: Agricultural; conservation • All Criteria Score: 221 out of 400; high ecological and human value scores • Other Division Interest: Conservation Collier is coordinating with the Transportation Department regarding the Wilson Boulevard extension that may be aligned through property Owner(s): Beverly Jean Murawski Trust Acreage: 4.87 acres Total Score: 221/400 180 160 160 140 12 120 100 80 80 80 80 f 60 40 30 20 9 0 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 4 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Murawski Trust • Acquisition Considerations: o Red Cockaded Woodpecker (RCW) has become quite rare in Collier County due to increased development. Property also has high utilization by the Florida panther. o LDC section 2.03.08.A describes that RFMU Sending Lands and are those lands that have the highest degree of environmental value and sensitivity; and are the principal target for preservation and conservation. o LDC section 2.03.08.B. states: • The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats.... These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Page 5 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Murawski Trust �NancyPaytonreserve Ave sw ONiTR, co N F F Eca 3 o C3 n E. w � I 7 U W w❑ KEA ZNEgVE Y — O ❑ � fr � O ❑ O Q W North Belle in MARKLEYAVE Meade Preserve EVERLY.]AVE Murawski Trust = x BECK WLVD K BLVD B HJTE LAKE B BEC� 175 175`_ rBLAMKBURN R. ❑ O lL J LL W J LL 0] � W W ❑ J m � J Picayune Strand State Forest rr w m m � q w SNAKE RE) T Q 0 1 2 3 4 5 Miles BEVERLY JEAN MURAWSKI TRUST DELORAS C VOLPE REV TRUST Offer Accepted A -list (Cycle 11 B) Conservation Collier Preserve Picayune Strand State Forest Other Conservation Areas CON AT ION LLIER Cam er�4Y 0 0.15 Miles BEVERLY JEAN MURAWSKI TRUST Conservation Collier Preserve Other Conservation Areas 11AA-list (Board Approved) C<)I ATION LLILR Page 6 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Volpe Trust Property Name: Deloras C. Volpe Trust Target Protection Area: RFMUD — NBMO — NRPA - Sending Total Estimated Market Value: TBD Highlights: • Location: East of and adjacent to Conservation Collier's North Belle Meade Preserve and south and west of and adjacent to private conservation land • Met 4 out of 6 Initial Screening Criteria: Native plant communities; protection of water resources; biological and ecological value; conservation land enhancement • Habitat: Pine flatwoods; cypress • Listed Plants: Giant air plant (Tillandsia utriculate) • Listed Wildlife: Red Cockaded Woodpecker (RCW) observed on adjacent parcels - historic nesting/foraging habitat for endangered RCW; Panther telemetry indicates significant utilization • Water Resource Values: Wetlands on portions, aquifer recharge, and sheet flow on property • Connectivity: Contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. Provides an ecological link to the northern range expansion goals of the RCW Recovery Plan • Access: Currently no public right of way access • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $4,000 and ongoing annual estimated at $1,500; Cabbage Palm thinning and native re -planting estimated at $6,000 • Partnership Opportunities: None • Zoning/Overlays: Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within Natural Resource Protection Area (A-RFMUO- NBMO-NRPA-Sending) • Surrounding land uses: Agricultural; conservation • All Criteria Score: 221 out of 400; high ecological and human value scores • Other Division Interest: Conservation Collier is coordinating with the Transportation Department regarding the Wilson Boulevard extension that may be aligned through property Owner(s): Deloras C. Volpe Trust Acreage: 8.5 acres Total Score: 221/400 180 160 160 140 12 120 100 80 80 80 80 f 60 40 30 20 9 0 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 7 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Volpe Trust • Acquisition Considerations: o Red Cockaded Woodpecker (RCW) has become quite rare in Collier County due to increased development. Property also has high utilization by the Florida panther. o LDC section 2.03.08.A describes that RFMU Sending Lands and are those lands that have the highest degree of environmental value and sensitivity; and are the principal target for preservation and conservation. o LDC section 2.03.08.B. states: • The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats.... These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Page 8 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Volpe Trust Nancy Payton Preserve AVE sw m PIONEER TRa O — m ❑ m � = rn ❑ M � U w KEANEAVE Y ❑ Ir Z ❑ ❑ U Z z z IQ w North Belle m MARKLEYAVE Meade Preserve Volpe Trust EVERLYAVE ❑ z _ _ Y ~ U BECK`B LVD WHITE LAKE BLVD N I z 175 175 BLA:CKHURN RD ¢ - Y LNL p J LL W W W m Z W W ❑ 3e Picayune Strand State Forest J J Y J '¢ z SNAKE RD � w x t0 1 2 3 4 5 Miles - DELORAS C VOLPE REV TRUST BEVERLY JEAN MURAWSKI TRUST Offer Accepted A -list (Cycle 11 B) + Conservation Collier Preserve Picayune Strand State Forest Other Conservation Areas CON ATION MR&LUIR Co r County 0 0.2 Miles DELORAS C VOLPE REV TRUST Conservation Collier Preserve Other Conservation Areas CON nrioN LLIER Ga ev County _ Page 9 of 35 CCLAAC Conservation Collier Property Summary Rosbough Enterprises Property Name: Rosbough Enterprises Owner(s): Rosbough Enterprises, Ltd. Target Protection Area: A-MHO-RLSA (Open and 500 ft Buffer) Acreage: 32.5 acres Total Estimated Market Value: TBD Highlights: • Location: Adjacent and east of Pepper Ranch Preserve along Trafford Oaks Rd. - also adjacent and west of Lake Trafford • Met 5 out of 6 Initial Screening Criteria: Native plant communities; human social values; water resources; biological and ecological values; conservation land enhancement • Habitat: Cabbage Palm Hammock, Mixed Wetland Hardwoods, and Freshwater Marsh • Listed Plants: Northern needleleaf (Tillandsia balbisiana) and Cardinal airplant (Tillandsia fasciculata) • Listed Wildlife: Florida panther; American alligator; listed wading birds and Everglades snail kite probable • Water Resource Values: adds to aquifer recharge; holds water during rainy season; hydric soils; buffers Lake Trafford • Connectivity: Directly adjacent to Pepper Ranch Preserve which provides a continuous connection between CREW Marsh, CREW Cypress Dome Trails, Corkscrew Swamp Sanctuary, CREW Bird Rookery Swamp, Camp Keais Strand Project Area, and Florida Panther National Wildlife Refuge • Access: Access is along Trafford Oaks Rd., a private road, or directly through the Pepper Ranch Preserve; public will not have access via Trafford Oaks Rd. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $6,500 and ongoing annual estimated at $3,250; Signage $200 • Partnership Opportunities: None • Zoning/Overlays: A-MHO-RLSA (primarily Open with some 500 ft Buffer) • Surrounding land uses: Conservation; lake; single-family; undeveloped • All Criteria Score: 213 out of 400; high restoration and management score • Other Division Interest: None • Acquisition Considerations: Staff recommends Phase 1 Environmental Assessment prior to acquisition Cycle 12A Total Score: 213/400 180 160 160 140 120 100 84 80 78 80 80 80 60 36 40 16 20 0 1 - Ecological 2 - Human 3 - 4- Value Value Restoration Vulnerability and Management ■ Awarded Points ❑ Possible Points Page 10 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Rosbough Enterprises r IMN10Wlt_EE RD 0 1 2 3 4 5 6 7 8 9 10 Miles ROSBOUGH ENTERPRISES LTD 14 A -list (Closing Pending) 11 AA - list (Board Approved) 118 A -Fist (Board Approved) l Cmservation Collier Preserve Other Conservation Areas x CCN ATI(]N ILIEII Cawxty , T 0.35 Miles ROSBOUGH ENTERPRISES LTD Conservation Collier Preserve CONWdWATION LLILR Page 11 of 35 CCLAAC Conservation Collier Property Summary Symphony Properties LLC Property Name: Symphony Properties LLC Owner(s): Symphony Properties LLC Target Protection Area: RFMUD-NBMO-SENDING and NEUTRAL Acreage: 150.0 acres Total Estimated Market Value: TBD Highlights: • Location: Within the northeast corner of North Belle Meade, south of Frangipani Ave., off 20th St. SE; northern -most 40 ac. RFMUD - Neutral, remaining 110 ac. RFMUD — NBMO - Sending • Met 4 out of 6 Initial Screening Criteria: Native plant communities; human social values; water resources; biological and ecological values • Habitat: Pine flatwoods; Improved pasture; Palmetto prairie • Listed Plants: None observed • Listed Wildlife: Gopher tortoise and gopher tortoise burrows observed on site; potential for sandhill crane, crested caracara, and Florida panther use • Water Resource Values: southern 40 acres within 20-year wellfield protection zone; adds minimally to aquifer recharge; composed of both uplands and wetlands • Connectivity: No direct connection to conservation lands; undeveloped land between property and large block of CEs to the southwest • Access: Public access via unimproved 20th St. SE • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $45,000 and ongoing annual estimated at $22,500; Cabbage Palm thinning estimated at $150,000; Firebreak maintenance estimated at $2,500 annually; Interpretive signage estimated at $1,000 • Partnership Opportunities: None • Zoning/Overlays: Agricultural; Rural Fringe Mixed Use District -North Belle Meade Overlay -Sending on south 110 ac; Rural Fringe Mixed Use District — Neutral on north 40 ac. • Surrounding land uses: Undeveloped; Improved pasture; single-family homes • All Criteria Score: 276 out of 400; high ecological value and restoration/ management scores • Other Division Interest: None known • Acquisition Considerations: Phase 1 Environmental Assessment recommended; Cycle 12A Total Score: 276/400 180 160 160 140 113 120 100 80 78 80 80 80 54 60 31 40 20 0 - 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■Awarded Points ❑Possible Points Removal of dilapidated barn, chickee huts, and shooting range shelters recommended; adjacent to 2 School Board owned parcels in north Page 12 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Symphony Properties LLC Miles SYMPHONY PROPERTIES LLC Other Conservation Areas CON E ATION LLIER C..0� ." T 0 0.8 Miles Q SYMPHONY PROPERTIES LLC CON ATION LLIER . CAI cf��[YY Page 13 of 35 CCLAAC Conservation Collier Property Summary Dr. Robert H. Gore III Preserve Multi -Parcel Project - — Currently on Board Approved A -list Property Name: Dr. Robert H. Gore III Preserve Multi -Parcel Project Owner(s): 152 parcels - See Map Target Protection Area: North Golden Gate Estates Acreage: 400.5 acres remaining to be acquired Total Estimated Market Value: TBD Staff estimates that 10 parcels (20.5 acres) within the Dr. Robert H. Gore III Preserve Multi -Parcel Project Area will be acquired during Cycle 12A. For budgeting purposes the estimated cost of 10 parcels has been allocated to the Active Acquisition List A -List Total - Cycle 12A, while the estimated cost of the remaining 142 project parcels (380 acres) is provided within the Active Acquisition List Multi -Parcel Projects total. Highlights: • Location: Between 36' Ave SE and I-75, east and west of Desoto Blvd. • Met 5 out of 6 Initial Screening Criteria: Native habitat; human social values; water resource values-; biodiversity; conservation land enhancement; not within another Agency project boundary. • Habitat: Cypress, Cypress- Mixed Hardwoods, Mixed Wetland Hardwoods, Mixed Scrub -Shrub Wetland, Pine Flatwood • Listed Plants: Twisted airplant (Tillandsia flexuos); common wild pine (Tillandsia fasciculata); reflexed wild pine (Tillandsia balbisiana); giant wild pine (Tillandsia utriculata) • Listed Wildlife: FWC telemetry shows use by panthers and observed on wildlife cameras on existing preserve. Habitat for Florida bonneted bats and Snail Kites. • Water Resource Values: hydric soils exist; wetland indicators noted and numerous wetland dependent plants species noted; very minimal mapped aquifer recharge • Connectivity: The parcels are not immediately contiguous with the existing Conservation Collier Dr. Robert H. Gore III Preserve but are within the Gore Target Protection Mailing Area. The Preserve is within a historic wetland that connects with the Florida Panther National Wildlife Refuge (FPNWR) to the east, however it is separated by Desoto and the Test Track. Picayune Strand State Forest (PSSF) is located across I-75 to the south and Fakahatchee Strand State Preserve to the SE across 1-75. Ledges under Miller and FakaUnion canals connect to PSSF. Everglades Blvd. and developable lots separate connectivity to the North Belle Meade sending lands. Cycle 12A Page 14 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Dr. Robert H. Gore III Preserve Multi -Parcel Project - — Currently on Board Approved A -list • Access: 40th Ave. is paved (main access road for existing preserve trailhead and planned parking lot). 381h and 42nd Avenues SE are unpaved. 42nd is FDOT ROW — County does not maintain. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $500/acre and ongoing annual estimated at $250/acre. These parcels would be managed along with the existing preserve parcels • Partnership Opportunities: The Cypress Cove Landkeepers (501 c3) purchased the 10-acre homesite and plans to run environmental programs. Conservation Collier has an MOU with the Landkeepers. Staff is coordinating to connect trails where feasible and coordinate on environmental education. • Zoning/Overlays: Single-family Estates zoning. No Overlays • Surrounding land uses: Mostly undeveloped Estates residential; some lots developed with single-family homes; roadway • All Criteria Score: 287 out of 400; high ecological value and human social value scores • Other Division Interest: Transportation may need ROW/pond sites in this area for a potential I-75 off ramp. • Acquisition Considerations: No additional considerations noted History: The original 65 parcels (168.9 acres) that created Dr. Robert H. Gore III Preserve were acquired in 2018. Sixty-seven parcels (157.1 acres) adjacent to the original Dr. Robert H. Gore III Preserve were approved for the A -list by the Board of County Commissioners on December 13, 2022. The entire Dr. Robert H. Gore Preserve project boundary, totaling 600.5 acres, was approved for the A -list by the Board of County Commissioners on February 28, 2023. To date, the Program has acquired 29% of the project area or 68 parcels for a total of 174.4 acres. Total Score: 287/400 180 160 160 140 12 120 100 80 80 80 80 54 64 60 48 40 20 0 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 15 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Dr. Robert H. Gore III Preserve Multi -Parcel Project - — Currently on Board Approved A -list Conservation Collier Dr. Robert H. Gore III Preserve Status July 2023 1' 1LIER 0 0.5 1 Co av County Miles Page 16 of 35 CCLAAC Conservation Collier Property Summary Panther Walk Preserve Multi -Parcel Project - — Currently on Board Approved A -list Property Name: Panther Walk Preserve Multi -Parcel Project Target Protection Area: North Golden Gate Estates Total Estimated Market Value: TBD Owner(s): 201 parcels - See Map Acreage: 391.7 acres Staff estimates that 15 parcels (31.60 acres) within the Panther Walk Preserve Multi - Parcel Project Area will be acquired during Cycle 12A. For budgeting purposes the estimated cost of 15 parcels has been allocated to the Active Acquisition List A -List Total - Cycle 12A, while the estimated cost of the remaining 186 project parcels (360.1 acres) is provided within the Active Acquisition List Multi -Parcel Projects total. Highlights: • Location: Located east of Everglades Blvd between 561h Ave. NE and Immokalee Rd. • Met 5 out of 6 Initial Screening Criteria: Native plant communities; human values; water resource values; biological and ecological value; enhancement of current conservation lands • Habitat: Cypress strand forest, mixed wetland hardwood forest, oak/pine hammock, freshwater marshes, wet prairie, pine flatwoods. • Listed Plants: Hand fern (Cheiroglossa palmata), cardinal air plant (Tillandsia fasciculata), fuzzy-wuzzy air plant (Tillandsia pruinosa), giant air plant (Tillandsia utriculata), northern needleleaf (Tillandsia balbisiana) • Listed Wildlife: Little blue heron and Florida sandhill crane observed. FWC telemetry shows use by Florida panthers. Habitat for Florida bonneted bats, big cypress fox squirrel, crested caracara, wood stork, and snail kites. • Water Resource Values: Parcels protect the marshes and cypress forests of the northern reaches of the Horsepen Strand. Provide flood water attenuation, aquifer recharge, and water filtration. • Connectivity: Once more parcels are acquired, a contiguous pathway following the Horsepen Strand will connect the NGGE to conservation lands to the north. • Access: All parcels accessible via paved roads • Management Issues / Estimated Costs: Initial invasive plant treatment - $350/acre. Ongoing annual maintenance estimated at $150/acre. • Partnership Opportunities: None • Zoning/Overlays: No Overlays, no TDRs; Single family Estates zoning Cycle 12A Total Score: 290/400 180 160 160 140 133 120 100 80 80 80 80 64 60 60 40 33 20 0 1 - Ecological 2 - Human 3 - Restoration 4 - Vulnerability Value Value and Management ■ Awarded Points ❑ Possible Points Page 17 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Panther Walk Preserve Multi -Parcel Project - — Currently on Board Approved A -list • Surrounding land uses: Undeveloped lots and low -density single-family homes • All Criteria Score: 290/400 — high ecological and management scores • Other Division Interest: Everglades Blvd. widening will require ROW/pond sites; Utility upgrades will occur on west side of Everglades Blvd. from 41St Ave NE north to Immokalee Rd. • Acquisition Considerations: Staff recommend purchasing all parcels to ensure maximum flexibility in creating a contiguous wildlife corridor in the future History: The original 3 parcels (4.6 acres) that created Panther Walk Preserve were acquired in 2007 and 2008. Eighteen parcels (39.8 acres) adjacent to the original Panther Walk Preserve were approved for the A -list by the Board of County Commissioners on December 13, 2022. The entire Panther Walk Preserve project boundary, totaling 451.6 acres, was approved for the A -list by the Board of County Commissioners on February 28, 2023. To date, the Program has acquired 9% of the project area or 22 parcels for a total of 40.3 acres. Page 18 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Red Maple Swamp Preserve Multi -Parcel Project — Currently on Board Approved A -list Property Name: Red Maple Swamp Preserve Owner(s): 22 parcels - See Map Target Protection Area: North Golden Gate Estates Acreage: 60.7 acres remaining to be acquired Total Estimated Market Value: TBD Staff estimates that 4 parcels (10 acres) within the Red Maple Swamp Preserve Multi -Parcel Project Area will be acquired during Cycle 12A. For budgeting purposes the estimated cost of 4 parcels has been allocated to the Active Acquisition List A -List Total - Cycle 12A, while the estimated cost of the remaining 18 project parcels (50.7 acres) is provided within the Active Acquisition List Multi -Parcel Projects total. Highlights: • Location: South of Shady Hollow Blvd. W and west of 91h St. NW • Habitat: Primarily red maple swamp with some cypress • Listed Plants: Wild coco (Elophia alta) FDA threatened and royal fern (Osmunda regalis) • Listed Wildlife: FWC telemetry shows use by panthers and observed on wildlife cameras on existing preserve. Habitat for wood stork. • Water Resource Values: hydric soils exist; wetland indicators noted and numerous wetland dependent plants species noted; very minimal mapped aquifer recharge. • Connectivity: The parcels are immediately contiguous with Corkscrew Regional Ecosystem Watershed lands managed by South Florida Water Management District (SFWMD) • Access: Shady Hollow Blvd. and 41st Ave NW are accessible via Immokalee Rd. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $480/acre and ongoing annual estimated at $150/acre. These parcels would be managed along with the existing preserve parcels • Partnership Opportunities: Staff coordinates management activities with SFWMD • Zoning/Overlays: Single-family Estates zoning. No Overlays • Surrounding land uses: Conservation to the north and west; undeveloped Estates residential to the east; Twin Eagles development to the south • Other Division Interest: None • History: Parcels within the Red Maple Swamp Preserve boundary totaling 305.86 acres have been targeted and pursued by Conservation Collier since the target area was approved for the A -list by the Board of County Commissioners on January 25, 2005. Since then, the Program has acquired 78% of the project area or 84 parcels for a total of 237.4 acres. Total Score: 215/400 200 160 150 100 87 80 80 80 60 41 50 27 0 1- Ecological 2-Human 3-Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 20 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Red Maple Swamp Preserve Multi -Parcel Project — Currently on Board Approved A -list 0 0.25 0.5 Page 21 of 35 Miles CCLAAC Conservation Collier Property Summary Cycle 12A Winchester Head Preserve Multi -Parcel Project - — Currently on Board Approved A -list Property Name: Winchester Head Preserve Owner(s): 39 parcels - See Map Target Protection Area: North Golden Gate Estates Acreage: 52.4 acres remaining to be acquired Total Estimated Market Value: TBD Staff estimates that 4 parcels (10 acres) within the Winchester Head Preserve Multi -Parcel Project Area will be acquired during Cycle 12A. For budgeting purposes the estimated cost of 4 parcels has been allocated to the Active Acquisition List A -List Total - Cycle 12A, while the estimated cost of the remaining 35 project parcels (42.4 acres) is provided within the Active Acquisition List Multi -Parcel Projects total. Highlights: • Location: Between 35th Ave. NE and 41st Ave. NE, east of Everglades Blvd. N. • Habitat: Primarily freshwater marsh and cypress • Listed Plants: Common wild pine (Tillandsia fasciulata) fern (Osmunda regalis) • Listed Wildlife: FWC telemetry shows use by panthers and observed on wildlife cameras on existing preserve. Habitat for wood stork. • Water Resource Values: hydric soils exist; wetland indicators noted and numerous wetland dependent plants species noted; very minimal mapped aquifer recharge. • Connectivity: The parcels are immediately contiguous to Winchester Head Preserve and serve as an important water storage area for this part of NGGE • Access: 37th Ave. NE, 39th Ave. NE, and 41" Ave. NE are accessible via Everglades Blvd. N. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $300/acre and ongoing annual estimated at $150/acre. These parcels would be managed along with the existing preserve parcels • Partnership Opportunities: None • Zoning/Overlays: Single-family Estates zoning. No Overlays • Surrounding land uses: Undeveloped and developed Estates residential on all sides • Other Division Interest: Stormwater Management may be interested in partnering on flood management projects within Winchester Head to relieve flooding in surrounding areas. Total Score: 241/400 200 160 150 100 50 89 80 30 80 64 f 80 58 0 1- Ecological 2 - Human 3 - 4- Value Value Restoration Vulnerability and Management ■ Awarded Points ❑ Possible Points History: Parcels within the Winchester Head Preserve boundary totaling 158.67 acres have been targeted and pursued by Conservation Collier since the target area was approved for the A -list by the Board of County Commissioners on January 25, 2005. Since then, the Program has acquired 60% of the project area or 69 parcels for a total of 95.8 acres. Page 22 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Winchester Head Preserve Multi -Parcel Project — Currently on Board Approved A -list 0 0.25 0.5 Miles Page 23 of 35 CCLAAC Conservation Collier Property Summary Dombrowiski parcel — North Golden Gate Estates Scrub TPMA Property Name: Dombrowiski Owner: Barbara Dombrowiski Target Protection Area: North Golden Gate Estates Acreage: 1.14 acres Estimated Market Value: $38,000 This is a Cycle 11A Board "B" ranked property Highlights: • Location: Off of 52nd Ave NE, east of Everglades Blvd and west of the Faka- Union Canal • Met 3 the 6 Initial Screening Criteria: Native plant communities; human social values; biological values; connectivity; not within another Agency project boundary. • Habitat: Depressional wetland with habitats on other parcels in the area primarily Scrubby flatwood and palmetto prairie/scrub • Listed Plants: Cardinal airplant (Tillandsia fasciculata) • Listed Wildlife: Big Cypress fox squirrel (Sciurus niger avicennia) observed on parcel; Florida panther (Puma concolor coryi) frequently detected in area. • Water Resource Values: This parcel adds minimally to aquifer recharge but is composed almost entirely of wetlands • Connectivity: This parcel does not connect to other conservation lands • Other Division Interest: None • Access: Accessible via 52nd Ave. NE • Management Issues / Estimated Costs: Initial invasive plant treatment - $350/acre. Ongoing annual maintenance estimated at $150/acre • Partnership Opportunities: None • Zoning/Overlays: Estates — allows for 1 unit per 2.25 acres • Surrounding land uses: undeveloped parcels, roadway, low density single- family homes. • All Criteria Score: 267 out of 400 (score for entire TPMA not just parcel); high ecological value, management, and vulnerability • Acquisition Considerations: small, 1.14 acre stand-alone parcel. Would be more desirable in the future if more parcels within this Target Mailing Area apply. Cycle 12A Total Score: 267/400 200 160 150 100 50 93 50 80 irl 64 80 If] 60 80 if] 1- Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 24 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Dombrowiski parcel — North Golden Gate Estates Scrub TPMA 50T HAVEN E B2NDAVE NE NE ENE _ Panther Walk Preserve _ DOMDROWISKI, DARBARAJ 54T HAVE ME AVE NE T__ 0.5 AA IIPC Page 25 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Adams Trust Parcel Name: Adams Trust Owner(s): H C & J S Adams Trust Estimated Market Value: $18,000 Target Protection Area: RFMUD This is a Cycle 11A Board "B" ranked property Highlights: • Location: Approx. 2 miles north of the intersection of Collier Blvd. and Immokalee Rd. • Met 4 of 6 Initial Screening Criteria: water resource values; biological and ecological value; enhancement of current conservation lands; within another Agency project boundary • Habitat: Mature melaleuca forest with scattered native plants; northern needleleaf (Tillandsia balbisiana) observed • Listed Wildlife: Florida panther telemetry points collected on adjacent properties on all sides of the parcel • Water Resource Values: seasonal wetlands; hydric soils; no contribution to aquifer recharge • Restoration needs: Treatment of 75% cover of mature melaleuca and other scattered exotic plants • Connectivity: Adjacent to private conservation easements on the north and west border; undeveloped parcels east to CREW District lands • Management Issues / Estimated Costs: Treatment of 75% coverage of melaleuca and other scattered exotics would require approximately $8,000 initially and $500- $1,000 annually; initial signage is estimated to cost $1,000. • Partnership Opportunities: CREW Land and Water Trust • Zoning/Overlays: Agricultural — Special Treatment Overlay — Rural Fringe Mixed Use District Overlay — Natural Resource Protection Area — Sending • Surrounding land uses: Conservation and undeveloped • All Criteria Score: 105 out of 400; all low, but management highest • Acquisition Considerations: This parcel is difficult to access and not likely to be developed 1 Acreage: 4.34 Total Score: 105/400 200 160 150 100 80 80 80 47 46 50 9 4 0 1- Ecological 2-Human 3-Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 26 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Adams Trust View of Adams Trust Parcel and surrounding lands looking west. I O IMMOKALEE RD O H C & J S ADAMS rn Conservation Collier Preserves C Conservation Easement CREW District Land Other Conservation Areas 1 IIIIIIII Iliiii I I T—I I I I I I I I I I I I I I I I I I 0 0.5 1 2 3 4 5 Miles 2 Page 27 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Hoffman Property Name: Hoffman Target Protection Area: RFMUD - Receiving Total Estimated Market Value: $70,000 This is a Cycle 11B Board `B" ranked property Highlights: • Location: Approx. 1.4 miles east of the end of Keane Ave. and 1.8 miles north of the Cycle 10 HHH Ranch in North Belle Meade • Met 2 out of 6 Initial Screening Criteria: Native plant communities; biological and ecological value • Habitat: Cabbage palm; Improved pasture • Listed Plants: None observed • Listed Wildlife: Open understory desirable to Florida panther prey species; with surrounding undeveloped land desirable to variety of species including sandhill crane and crested caracara; historic red cockaded woodpecker nesting/foraging habitat; Panther telemetry indicates significant utilization. Owner(s): Roy Hoffman Acreage: 15.0 acres • Water Resource Values: within 20-year wellfield protection zone; adds minimally to aquifer recharge; composed of uplands • Connectivity: No direct connection to conservation lands; undeveloped land between property and large block of CEs to the east, Picayune Strand via wildlife underpasses to the south, and to the remaining undeveloped portions of Golden Gate Estates to north and west • Access: No public access; east of Keane Ave. through two locked gates • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $3,800 and ongoing annual estimated at $2,300; Cabbage Palm thinning and native re -planting estimated at $15,000 • Partnership Opportunities: None • Zoning/Overlays: Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Receiving • Surrounding land uses: Undeveloped; Improved pasture • All Criteria Score: 201 out of 400; high vulnerability score • Other Division Interest• Conservation Collier is coordinating with the Total Score: 201/400 200 160 150 100 80 80 80 59 57 62 50 23 0 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Transportation Department regarding the Wilson Boulevard extension that may be aligned through property • Acquisition Considerations: No additional considerations noted Page 28 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Hoffman o BRANTLEYBLVD KEANE AVF 0 K J L- - 8 � �i 175 r 0 1 2 3 4 5 Miles HOFFMAN,ROY Cycle 10 Cycle 11A Cycle 11B I Conservation Collier Preserve Managed Conservation Areas Other Conservation Areas CON ATON LLIER C..O 81 C. .." View of Hoffman parcels looking east Page 29 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Connection Investors Owner: Connection Investors Group, LLC Property Name: Connection Investors Acreage: 5.00 acres Target Protection Area: McIlvane Marsh Total Estimated Market Value: $26,500 This is a Cycle IIB Board `B" ranked property Highlights: • Location: South of rough trail extension of Curcie Rd., on the west side of McIlvane Marsh Preserve • 4 of the 6 Initial Screening Criteria were met: Native plant community; water resources; biological and ecological values; conservation land enhancement • Habitat: Mangrove Swamp • Listed Plants: None observed; Tillansdia species probable • Listed Wildlife: None observed; listed wading birds, Florida panther, and American crocodile probable • Water Resource Values: Provides minimal aquifer recharge; hydric soils; holds water throughout the year; provides storm surge protection; within 1,500 feet of Outstanding Florida Waters • Connectivity: Directly adjacent to Conservation Collier McIlvane Marsh parcels which provides a continuous connection between Rookery Bay National Estuarine Research Reserve (NERR), The Ten Thousand Islands National Wildlife Refuge, Collier Seminole State Park, and Picayune Strand State Forest • Access: This parcel is not accessible to the public • Management Issues / Estimated Costs: 25% exotic plant coverage; Initial exotic removal estimated at $12,000 and ongoing annual estimated at $5,000 • Partnership Opportunities: None anticipated • Zoning/Overlays: Zoned Agricultural (I unit/5 acres) • Surrounding land uses: Conservation • All Criteria Score: 175 out of 400; restoration/management score is high; slightly lower score than Relevant Radio due to smaller parcel size • Other Division Interest: None • Acquisition Considerations: No additional considerations noted Approximate location of Connection Investors Group parcel looking west with Marco Airport in background Connection Investors Total Score: 175/400 200 150 160 100 75 80 78 80 80 50 0 22 0 1 - Ecological 2 - Human 3 - 4- Value Value Restoration Vulnerability and Management ■ Awarded Points ❑ Possible Points Page 30 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Connection Investors I . .✓ r ,f i iffs '� Tq��iq^y/T R� D Cr Picayune Strand State Forest Connection Relevant Investors Group rzm Radio LRookery Bay NERR` Rookery Bay NERR - f 0.000 111ands Coll�er•Sernmok State Park NWR i Representative mangrove swamp within Mcllvane Marsh c4 .' 10.000 / wands N%R 0 1 2 3 4 5 Miles MCILVANE MARSH PARCELS Conservation Collier Preserve Managed Conservation Areas Other Conservation Areas i M � r" y Y. � ��•.•y, �. Co., tenor. I1111t Approximate location of Connection Investors Group parcel looking west with Marco Airport in background Page 31 of 35 CCLAAC Conservation Collier Property Summary Barron Collier Partnership LLLP — Sanitation and Bethune Rd Properties Property Name: Sanitation & Bethune Rd Parcels Owner: Barron Collier Partnership LLLP Target Protection Area: Urban Acreage: 370 acres total; Parcel a. — 258 acres; Parcel b. — 112 acres (2 parcels offered as package) Estimated Market Value: $3,900,000 This is a Cycle 11A Board "B" ranked property Highlights: • Location: Located within the boundaries of the town of Immokalee on the southwest side west of the Casino along Bethune Road and Sanitation Road. • How many of the 6 Initial Screening Criteria were met: 5 out of 6 criteria met — Native habitat, Human Social Values, Water resource Values, Significant Biological Values, Enhance Current Environmental Lands. • Habitat: 7 distinct native habitats mapped — 6 directly observed. A priority native plant community is present — tropical hardwood hammock. • Listed Plants: Bromeliads, Florida royal palm, Satin leaf, red stopper, hand fern • Listed Wildlife: Osprey observed, potential habitat for alligator, snail kite, little blue heron, American kestrel, Florida bonneted bat, wood stork, Everglades mink, Florida Panther, eastern indigo snake. Known wood stork colonies are close and properties are within foraging area. Within FWC primary panther habitat zone. • Water Resource Values: Properties approx. half wetland and half upland, includes Immokalee slough. Wetland dependent wildlife (birds, apple snails, crawfish) and plants noted. Likely is taking flood waters from surrounding developed residential lands. Surficial aquifer recharge area. Wellfield protection zone. • Connectivity: Connects westward through Immokalee slough with Pepper Ranch and 60,000 acres CREW lands and SSA lands. Landscape connection east to Okaloacoochee Slough & other major conservation lands. • Other Division interest (see report for details): Stormwater Management, Immokalee Water & Sewer, Transportation Right of Way, 15-foot wide cable easement • Access: There is access from public paved Immokalee Road, Bethune Road and South 5t1i St. • Management & Initial Estimated Costs: Initial exotics control est. at $240,000 plus parking $50,000, fencing/gates $88,400, Trails $5,000 & signs $4,000. Total initial estimated costs - $387,400. Ongoing estimated maintenance - $80,825 annually. These costs do not include building & maintenance of a boardwalk in the slough. • Partnership Opportunities: none at this time. • Zoning/Overlays: Parcel a. - A -MHO; Parcel b. - Estates; both within Urban Residential Subdistrict • Surrounding land uses: Residential single family, multi -family, PUD, and Utility (Immokalee Water and Sewer District offices, wells, and spray fields. • All Criteria Score: 271 out of 400 — high human value score and relatively high ecological value score Cycle 12A Conservation Collier. Barton Collier Partnership LLLP Location Ma s 0) taw a • R ,a mmakaea RD f�7 ra Os Q.ImmakalM eavna.ry Ca,wn.ibn cats LLLP-2as.57-P. O8CPLLLP.111.00•pai .._..- -...,. u. `.r..... sunounona Ne 01Anaa Total Score: 271/400 200 160 150 97 80 80 100 7180 58 50 4� 0 1 - Ecological 2 - Human 3 - Restoration 4 - Vulnerability Value Value and Management ■ Awarded Points ❑ Possible Points Page 32 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Barron Collier Partnership LLLP — Sanitation and Bethune Rd Properties Acquisition Considerations: o Landfill: The property contains the historic 16-acre Eustis Landfill was opened in 1947 and was closed in 1992. It was in operation before current hazardous waste disposal regulations were in place; is unlined; and likely has direct contact with the aquifer. The County operated the landfill from 1980-1985 under a lease agreement with the current property owner. It closed in 1992, with 20 years of required permit monitoring finally completed in 2012. Although the Eustis landfill met state closure requirements, the list of analytes monitored didn't include pesticides, especially legacy pesticides such as Chlordane and DDT, that were commonly used before they were banned. In addition, the well sampled for the final closure requirements may not have been representative as it may not have been downgradient of the groundwater flow which is known to fluctuate. Groundwater samples obtained from Immokalee Water and Sewer failed to provide indications of contamination because they were downgradient and therefore in the wrong location. Samples taken from the middle of the landfill in 2012 showed that the site met permit requirements. Therefore, further testing may be completed outside of the landfill within the area being offered for sale prior to any potential acquisition of the property. Such testing could include groundwater and/or soil testing. Additionally, several locations sampled by FDEP in August 2021 surrounding the Bethune property yielded detections of per- and polyfluoroalkyl substances (PFAS) exceeding the 2022 EPA Health Advisory limits. A Phase I Environmental Site Assessment would be sought from a contracted third party environmental consultant to determine required due diligence. Please note: The property owner has removed the landfill and a 50-foot buffer from the sale. o Access: There is access at Sanitation Road, however, there has been a security concern expressed by Immokalee Water and Sewer regarding public use of this lime rock road as it leads to sensitive areas. Additionally, the Immokalee Water and Sewer indicated they have an access easement over Sanitation Road and would need to continue to have this as it is their only access to section 8, where their spray fields are located. An access point off of South 9tn Street would be the only access point for visitors to access parcel a. Therefore, access to the south part of parcel a. would necessitate a boardwalk through the slough to take visitors to the southern end of the parcel. o Restoration: The Pine flatwoods area has been selectively logged of pine on the Sanitation property "parcel a" since last review of this property occurred in 2018. The owner advised they plan to treat exotics that have come in as a result of the logging and clean up debris and/or rutting in the staging areas resulting from the logging effort. These areas will most likely need to be restored and have shown to already be more susceptible to exotic vegetation due to the disturbance. o Dumping: Parcel b. has considerable ongoing dumping on the property. This will be an additional cost to have ongoing waste removal. 2 Page 33 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Barron Collier Partnership LLLP — Sanitation and Bethune Rd Properties This exhibit was provided by the owner on 11-30-21 as an updated exhibit depicting removal of the landfill from the application boundary. Page 34 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Barron Collier Partnership LLLP — Sanitation and Bethune Rd Properties Conservation Collier: Barron Collier Partnership LLLP Adjacent Preservation Lands & updated 2021 Aerial Q 0.6 1.2 Miles 4 Legend Parcel a i rcei 6 CoJlier County Properties eserwation lands [ON 'I14N LLIER Page 35 of 35 Conservation Collier - Cycle 12A Property Summaries Table of Contents Cycle 12A Properties Matlalatl LLC pg. 2 North Belle Meade Preserve Project — Murawski Trust pg. 4 North Belle Meade Preserve Project — Volpe Trust pg. 7 Pepper Ranch Preserve Project — Rosbough Enterprises pg. 10 Symphony Properties LLC pg. 12 Dr. Robert H. Gore III Multi -Parcel Project pg. 14 Panther Walk Preserve Multi -Parcel Project pg. 17 Red Maple Swamp Preserve Multi -Parcel Project pg. 20 Winchester Head Preserve Multi -Parcel Project pg. 22 B-List Properties from Cycles 11A and 11B Dombrowiski pg. 24 H C & J S Adams Trust pg. 26 Hoffman pg. 28 Mcllvane Marsh Preserve Project - Connection Investors pg. 30 Sanitation & Bethune Rd Parcels (Barron Collier Partnership) pg. 32 Proposed for review by Conservation Collier Land Acquisition Advisory Committee on July 14, 2023 CCLAAC Conservation Collier Property Summary Cycle 12A Matlalatl, LLC Property Name: Matlalatl, LLC Target Protection Area: Urban Total Estimated Market Value: $3,400,000 Owner(s): Matlalatl, LLC Acreage: 2.83 acres Highlights: • Location: Horr's Island (AKA Key Marco) - 1079, 1085, and 1091 Blue Hill Creek Dr. • Met 4 out of 6 Initial Screening Criteria: Native plant communities; water resource value; biological and ecological value; conservation land enhancement • Habitat: Mangrove swamp; maritime hammock • Listed Plants: None observed • Listed Wildlife: Gopher tortoise burrows observed; probable use by listed wading birds • Water Resource Values: Primarily wetlands; storm surge protection • Connectivity: Adjacent to Rookery Bay NERR to the north • Access: Public access to adjacent roadway via gated entrance with fee. Under current HOA by-laws, public access trails would not be allowed on parcels. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $570 and ongoing annual estimated at $280; Signage estimate is $200; Annual HOA fee is $18,600; Annual CDD fee is $4,800; Capital Contribution Fee upon acquisition is $18,000 • Partnership Opportunities: Audubon of Western Everglades — gopher tortoise • Zoning/Overlays: City of Marco Island PUD; Deltona Settlement lands • Surrounding land uses: Undeveloped single-family; conservation; roadway • All Criteria Score: 246 out of 400; high restoration/management and vulnerability scores • Other Division Interest: None known • Acquisition Considerations: Lots are residential — under HOA by-laws can only be used for residential purposes, not recreational; fees for HOA and CDD would total $23,400 annually. Total Score: 246/400 200 160 150 100 88 80 7880 80 60 50 20 0 1- Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 2 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Matlalatl, LLC SHEFFirtLE)AVE qy 8PY`P�AA�� n� >Z4lMgq W a -- .+ VILLACT .pplm SAN MARCO RD S � q J u U - /`. A ♦ m . LRryp,DR. c'Yf- Yn d f sw Alk Otter Mound ♦ "��'„ �' , EEKOR Preserve r.+. .�;" A tj ♦ a I o i 2 " Miles MATLALATL, LLC. - WISC parcel - 1tAA-list - •tom+4YI' t :•i-; - Canservaticn Collier Preserve Other Conservation Areas - e 4 CON ATION LCI[R Page 3 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Murawski Trust Property Name: Murawski Trust Target Protection Area: RFMUD — NBMO — NRPA - Sending Total Estimated Market Value: $24,400 Highlights: • Location: East and adjacent to Conservation Collier's North Belle Meade Preserve and north and adjacent to private conservation land • Met 4 out of 6 Initial Screening Criteria: Native plant communities; protection of water resources; biological and ecological value; conservation land enhancement • Habitat: Pine flatwoods; cypress • Listed Plants: Giant air plant (Tillandsia utriculate) • Listed Wildlife: Red Cockaded Woodpecker (RCW) observed on adjacent parcels - historic nesting/foraging habitat for endangered RCW; Panther telemetry indicates significant utilization • Water Resource Values: Wetlands on portions, aquifer recharge, and sheet flow on property • Connectivity: Contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. Provides an ecological link to the northern range expansion goals of the RCW Recovery Plan • Access: Currently no public right of way access • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $2,000 and ongoing annual estimated at $750; Cabbage Palm thinning and native re -planting estimated at $3,000 • Partnership Opportunities: None • Zoning/Overlays: Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within Natural Resource Protection Area (A-RFMUO- NBMO-NRPA-Sending) • Surrounding land uses: Agricultural; conservation • All Criteria Score: 221 out of 400; high ecological and human value scores • Other Division Interest: Conservation Collier is coordinating with the Transportation Department regarding the Wilson Boulevard extension that may be aligned through property Owner(s): Beverly Jean Murawski Trust Acreage: 4.87 acres Total Score: 221/400 180 160 160 140 12 120 100 80 80 80 80 f 60 40 30 20 9 0 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 4 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Murawski Trust • Acquisition Considerations: o Red Cockaded Woodpecker (RCW) has become quite rare in Collier County due to increased development. Property also has high utilization by the Florida panther. o LDC section 2.03.08.A describes that RFMU Sending Lands and are those lands that have the highest degree of environmental value and sensitivity; and are the principal target for preservation and conservation. o LDC section 2.03.08.B. states: • The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats.... These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Page 5 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Murawski Trust Nancy Pay n Preserve AVE Sw o, PIONEER IrRL E N F r' coCO 3 o_LU � n = N N k W 7 U W w❑ KEANEAVE Y — O ❑ rf � Z O ❑ O Q W North Belle in MARKLEYAVE Meade Preserve EVERLY.] WE Murawski Trust = x - F � U WHITE LAKE BLVD BECK BLVD � 175 175`_ rBLAMKBURN R. ❑ O lL J LL W J LL 0] � W W ❑ J m � J Picayune Strand State Forest rr w m m � q w SNAKE RE) T Q 0 1 2 3 4 5 Miles BEVERLY JEAN MURAWSKI TRUST DELORAS C VOLPE REV TRUST Offer Accepted A -list (Cycle 11 B) Conservation Collier Preserve Picayune Strand State Forest Other Conservation Areas CON AT ION LLIER Cam er�4Y 0 0.15 Miles BEVERLY JEAN MURAWSKI TRUST Conservation Collier Preserve Other Conservation Areas 11AA-list (Board Approved) 1<1I ATION LLILR Page 6 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Volpe Trust Property Name: Deloras C. Volpe Trust Target Protection Area: RFMUD — NBMO — NRPA - Sending Total Estimated Market Value: $50,000 Highlights: • Location: East of and adjacent to Conservation Collier's North Belle Meade Preserve and south and west of and adjacent to private conservation land • Met 4 out of 6 Initial Screening Criteria: Native plant communities; protection of water resources; biological and ecological value; conservation land enhancement • Habitat: Pine flatwoods; cypress • Listed Plants: Giant air plant (Tillandsia utriculate) • Listed Wildlife: Red Cockaded Woodpecker (RCW) observed on adjacent parcels - historic nesting/foraging habitat for endangered RCW; Panther telemetry indicates significant utilization • Water Resource Values: Wetlands on portions, aquifer recharge, and sheet flow on property • Connectivity: Contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. Provides an ecological link to the northern range expansion goals of the RCW Recovery Plan • Access: Currently no public right of way access • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $4,000 and ongoing annual estimated at $1,500; Cabbage Palm thinning and native re -planting estimated at $6,000 • Partnership Opportunities: None • Zoning/Overlays: Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Sending within Natural Resource Protection Area (A-RFMUO- NBMO-NRPA-Sending) • Surrounding land uses: Agricultural; conservation • All Criteria Score: 221 out of 400; high ecological and human value scores • Other Division Interest: Conservation Collier is coordinating with the Transportation Department regarding the Wilson Boulevard extension that may be aligned through property Owner(s): Deloras C. Volpe Trust Acreage: 8.5 acres Total Score: 221/400 180 160 160 140 12 120 100 80 80 80 80 f 60 40 30 20 9 0 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 7 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Volpe Trust • Acquisition Considerations: o Red Cockaded Woodpecker (RCW) has become quite rare in Collier County due to increased development. Property also has high utilization by the Florida panther. o LDC section 2.03.08.A describes that RFMU Sending Lands and are those lands that have the highest degree of environmental value and sensitivity; and are the principal target for preservation and conservation. o LDC section 2.03.08.B. states: • The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats.... These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Page 8 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Volpe Trust Nancy Payton Preserve AVE sw m P1oNEER TRa O — m ❑ m � = rn ❑ M � U w 0° w p KEANEgVE I— 1, ❑ ❑ Ir z Z tr z z IQ W North Belle m MARKLEYAVE Meade Preserve Volpe Trust EVERLYAVE ❑ z = Y F BECK BLVD WHITE LAKE BLVD N haw 175 175 BLA:CKBURN RD ¢ - Y !Y � cn p LL J li W W LL m Z W W ❑ 3e Picayune Strand State Forest J J Y J '¢ z SNAKE RD t0 1 2 3 4 5 Miles DELORAS C VOLPE REV TRUST i BEVERLY JEAN MURAWSKI TRUST Offer Accepted A -list (Cycle 11 B) + Conservation Collier Preserve Picayune Strand State Forest Other Conservation Areas CON ATION MR&LUIR Co r County 0 0.2 Miles DELORAS C VOLPE REV TRUST Conservation Collier Preserve Other Conservation Areas CON nrioN LLIER Ga ev County _ Page 9 of 35 CCLAAC Conservation Collier Property Summary Rosbough Enterprises Property Name: Rosbough Enterprises Owner(s): Rosbough Enterprises, Ltd. Target Protection Area: A-MHO-RLSA (Open and 500 ft Buffer) Acreage: 32.5 acres Total Estimated Market Value: $278,000 Highlights: • Location: Adjacent and east of Pepper Ranch Preserve along Trafford Oaks Rd. - also adjacent and west of Lake Trafford • Met 5 out of 6 Initial Screening Criteria: Native plant communities; human social values; water resources; biological and ecological values; conservation land enhancement • Habitat: Cabbage Palm Hammock, Mixed Wetland Hardwoods, and Freshwater Marsh • Listed Plants: Northern needleleaf (Tillandsia balbisiana) and Cardinal airplant (Tillandsia fasciculata) • Listed Wildlife: Florida panther; American alligator; listed wading birds and Everglades snail kite probable • Water Resource Values: adds to aquifer recharge; holds water during rainy season; hydric soils; buffers Lake Trafford • Connectivity: Directly adjacent to Pepper Ranch Preserve which provides a continuous connection between CREW Marsh, CREW Cypress Dome Trails, Corkscrew Swamp Sanctuary, CREW Bird Rookery Swamp, Camp Keais Strand Project Area, and Florida Panther National Wildlife Refuge • Access: Access is along Trafford Oaks Rd., a private road, or directly through the Pepper Ranch Preserve; public will not have access via Trafford Oaks Rd. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $6,500 and ongoing annual estimated at $3,250; Signage $200 • Partnership Opportunities: None • Zoning/Overlays: A-MHO-RLSA (primarily Open with some 500 ft Buffer) • Surrounding land uses: Conservation; lake; single-family; undeveloped • All Criteria Score: 213 out of 400; high restoration and management score • Other Division Interest: None • Acquisition Considerations: Staff recommends Phase 1 Environmental Assessment prior to acquisition Cycle 12A Total Score: 213/400 180 160 160 140 120 100 84 80 78 80 80 80 60 36 40 16 20 0 1 - Ecological 2 - Human 3 - 4- Value Value Restoration Vulnerability and Management ■ Awarded Points ❑ Possible Points Page 10 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Rosbough Enterprises r IMN10Wlt_EE RD 0 1 2 3 4 5 6 7 8 9 10 Miles ROSBOUGH ENTERPRISES LTD 14 A -list (Closing Pending) 11 AA - list (Board Approved) 118 A -Fist (Board Approved) l Cmservation Collier Preserve Other Conservation Areas x ' CCN ATI(]N ILIEII Cawxty , T 0.35 Miles ROSBOUGH ENTERPRISES LTD Conservation Collier Preserve CONWdWATION LLILR Page 11 of 35 CCLAAC Conservation Collier Property Summary Symphony Properties LLC Property Name: Symphony Properties LLC Owner(s): Symphony Properties LLC Target Protection Area: RFMUD-NBMO-SENDING and NEUTRAL Acreage: 150.0 acres Total Estimated Market Value: $7,100,000 Highlights: • Location: Within the northeast corner of North Belle Meade, south of Frangipani Ave., off 20th St. SE; northern -most 40 ac. RFMUD - Neutral, remaining 110 ac. RFMUD — NBMO - Sending • Met 4 out of 6 Initial Screening Criteria: Native plant communities; human social values; water resources; biological and ecological values • Habitat: Pine flatwoods; Improved pasture; Palmetto prairie • Listed Plants: None observed • Listed Wildlife: Gopher tortoise and gopher tortoise burrows observed on site; potential for sandhill crane, crested caracara, and Florida panther use • Water Resource Values: southern 40 acres within 20-year wellfield protection zone; adds minimally to aquifer recharge; composed of both uplands and wetlands • Connectivity: No direct connection to conservation lands; undeveloped land between property and large block of CEs to the southwest • Access: Public access via unimproved 20th St. SE • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $45,000 and ongoing annual estimated at $22,500; Cabbage Palm thinning estimated at $150,000; Firebreak maintenance estimated at $2,500 annually; Interpretive signage estimated at $1,000 • Partnership Opportunities: None • Zoning/Overlays: Agricultural; Rural Fringe Mixed Use District -North Belle Meade Overlay -Sending on south 110 ac; Rural Fringe Mixed Use District — Neutral on north 40 ac. • Surrounding land uses: Undeveloped; Improved pasture; single-family homes • All Criteria Score: 276 out of 400; high ecological value and restoration/ management scores • Other Division Interest: None known • Acquisition Considerations: Phase 1 Environmental Assessment recommended; Cycle 12A Total Score: 276/400 180 160 160 140 113 120 100 80 78 80 80 80 54 60 31 40 20 0 - 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■Awarded Points ❑Possible Points Removal of dilapidated barn, chickee huts, and shooting range shelters recommended; adjacent to 2 School Board owned parcels in north Page 12 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Symphony Properties LLC Miles ON SYMPHONY PROPERTIES LLC Other Conservation Areas CON�Eij- ATION LU ER CaO��t T o o.a Miles ©SYMPHONY PROPERTIES LLC CONS£@. ATION fi lL1ER C, Page 13 of 35 CCLAAC Conservation Collier Property Summary Dr. Robert H. Gore III Preserve Multi -Parcel Project - — Currently on Board Approved A -list Property Name: Dr. Robert H. Gore III Preserve Multi -Parcel Project Owner(s): 152 parcels - See Map Target Protection Area: North Golden Gate Estates Acreage: 400.5 acres remaining to be acquired Total Estimated Market Value: $9,068,121 Staff estimates that 10 parcels (20.5 acres) within the Dr. Robert H. Gore III Preserve Multi -Parcel Project Area will be acquired during Cycle 12A. For budgeting purposes the estimated cost of 10 parcels has been allocated to the Active Acquisition List A -List Total - Cycle 12A, while the estimated cost of the remaining 142 project parcels (380 acres) is provided within the Active Acquisition List Multi -Parcel Projects total. Highlights: • Location: Between 36' Ave SE and I-75, east and west of Desoto Blvd. • Met 5 out of 6 Initial Screening Criteria: Native habitat; human social values; water resource values-; biodiversity; conservation land enhancement; not within another Agency project boundary. • Habitat: Cypress, Cypress- Mixed Hardwoods, Mixed Wetland Hardwoods, Mixed Scrub -Shrub Wetland, Pine Flatwood • Listed Plants: Twisted airplant (Tillandsia flexuos); common wild pine (Tillandsia fasciculata); reflexed wild pine (Tillandsia balbisiana); giant wild pine (Tillandsia utriculata) • Listed Wildlife: FWC telemetry shows use by panthers and observed on wildlife cameras on existing preserve. Habitat for Florida bonneted bats and Snail Kites. • Water Resource Values: hydric soils exist; wetland indicators noted and numerous wetland dependent plants species noted; very minimal mapped aquifer recharge • Connectivity: The parcels are not immediately contiguous with the existing Conservation Collier Dr. Robert H. Gore III Preserve but are within the Gore Target Protection Mailing Area. The Preserve is within a historic wetland that connects with the Florida Panther National Wildlife Refuge (FPNWR) to the east, however it is separated by Desoto and the Test Track. Picayune Strand State Forest (PSSF) is located across I-75 to the south and Fakahatchee Strand State Preserve to the SE across 1-75. Ledges under Miller and FakaUnion canals connect to PSSF. Everglades Blvd. and developable lots separate connectivity to the North Belle Meade sending lands. Cycle 12A Page 14 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Dr. Robert H. Gore III Preserve Multi -Parcel Project - — Currently on Board Approved A -list • Access: 40th Ave. is paved (main access road for existing preserve trailhead and planned parking lot). 381h and 42nd Avenues SE are unpaved. 42nd is FDOT ROW — County does not maintain. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $500/acre and ongoing annual estimated at $250/acre. These parcels would be managed along with the existing preserve parcels • Partnership Opportunities: The Cypress Cove Landkeepers (501 c3) purchased the 10-acre homesite and plans to run environmental programs. Conservation Collier has an MOU with the Landkeepers. Staff is coordinating to connect trails where feasible and coordinate on environmental education. • Zoning/Overlays: Single-family Estates zoning. No Overlays • Surrounding land uses: Mostly undeveloped Estates residential; some lots developed with single-family homes; roadway • All Criteria Score: 287 out of 400; high ecological value and human social value scores • Other Division Interest: Transportation may need ROW/pond sites in this area for a potential I-75 off ramp. • Acquisition Considerations: No additional considerations noted History: The original 65 parcels (168.9 acres) that created Dr. Robert H. Gore III Preserve were acquired in 2018. Sixty-seven parcels (157.1 acres) adjacent to the original Dr. Robert H. Gore III Preserve were approved for the A -list by the Board of County Commissioners on December 13, 2022. The entire Dr. Robert H. Gore Preserve project boundary, totaling 600.5 acres, was approved for the A -list by the Board of County Commissioners on February 28, 2023. To date, the Program has acquired 29% of the project area or 68 parcels for a total of 174.4 acres. Total Score: 287/400 180 160 160 140 12 120 100 80 80 80 80 54 64 60 48 40 20 0 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 15 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Dr. Robert H. Gore III Preserve Multi -Parcel Project - — Currently on Board Approved A -list Conservation Collier Dr. Robert H. Gore III Preserve Status July 2023 t LLIER 0 0.5 Cn EC. County Miles Page 16 of 35 CCLAAC Conservation Collier Property Summary Panther Walk Preserve Multi -Parcel Project - — Currently on Board Approved A -list Property Name: Panther Walk Preserve Multi -Parcel Project Target Protection Area: North Golden Gate Estates Total Estimated Market Value: $11,587,269 Owner(s): 201 parcels - See Map Acreage: 391.7 acres Staff estimates that 15 parcels (31.60 acres) within the Panther Walk Preserve Multi - Parcel Project Area will be acquired during Cycle 12A. For budgeting purposes the estimated cost of 15 parcels has been allocated to the Active Acquisition List A -List Total - Cycle 12A, while the estimated cost of the remaining 186 project parcels (360.1 acres) is provided within the Active Acquisition List Multi -Parcel Projects total. Highlights: • Location: Located east of Everglades Blvd between 561h Ave. NE and Immokalee Rd. • Met 5 out of 6 Initial Screening Criteria: Native plant communities; human values; water resource values; biological and ecological value; enhancement of current conservation lands • Habitat: Cypress strand forest, mixed wetland hardwood forest, oak/pine hammock, freshwater marshes, wet prairie, pine flatwoods. • Listed Plants: Hand fern (Cheiroglossa palmata), cardinal air plant (Tillandsia fasciculata), fuzzy-wuzzy air plant (Tillandsia pruinosa), giant air plant (Tillandsia utriculata), northern needleleaf (Tillandsia balbisiana) • Listed Wildlife: Little blue heron and Florida sandhill crane observed. FWC telemetry shows use by Florida panthers. Habitat for Florida bonneted bats, big cypress fox squirrel, crested caracara, wood stork, and snail kites. • Water Resource Values: Parcels protect the marshes and cypress forests of the northern reaches of the Horsepen Strand. Provide flood water attenuation, aquifer recharge, and water filtration. • Connectivity: Once more parcels are acquired, a contiguous pathway following the Horsepen Strand will connect the NGGE to conservation lands to the north. • Access: All parcels accessible via paved roads • Management Issues / Estimated Costs: Initial invasive plant treatment - $350/acre. Ongoing annual maintenance estimated at $150/acre. • Partnership Opportunities: None • Zoning/Overlays: No Overlays, no TDRs; Single family Estates zoning Cycle 12A Total Score: 290/400 180 160 160 140 133 120 100 80 80 80 80 64 60 60 40 33 20 0 1 - Ecological 2 - Human 3 - Restoration 4 - Vulnerability Value Value and Management ■ Awarded Points ❑ Possible Points Page 17 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Panther Walk Preserve Multi -Parcel Project - — Currently on Board Approved A -list • Surrounding land uses: Undeveloped lots and low -density single-family homes • All Criteria Score: 290/400 — high ecological and management scores • Other Division Interest: Everglades Blvd. widening will require ROW/pond sites; Utility upgrades will occur on west side of Everglades Blvd. from 41St Ave NE north to Immokalee Rd. • Acquisition Considerations: Staff recommend purchasing all parcels to ensure maximum flexibility in creating a contiguous wildlife corridor in the future History: The original 3 parcels (4.6 acres) that created Panther Walk Preserve were acquired in 2007 and 2008. Eighteen parcels (39.8 acres) adjacent to the original Panther Walk Preserve were approved for the A -list by the Board of County Commissioners on December 13, 2022. The entire Panther Walk Preserve project boundary, totaling 451.6 acres, was approved for the A -list by the Board of County Commissioners on February 28, 2023. To date, the Program has acquired 9% of the project area or 22 parcels for a total of 40.3 acres. Page 18 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Red Maple Swamp Preserve Multi -Parcel Project — Currently on Board Approved A -list Property Name: Red Maple Swamp Preserve Owner(s): 22 parcels - See Map Target Protection Area: North Golden Gate Estates Acreage: 60.7 acres remaining to be acquired Total Estimated Market Value: $1,136,365 Staff estimates that 4 parcels (10 acres) within the Red Maple Swamp Preserve Multi -Parcel Project Area will be acquired during Cycle 12A. For budgeting purposes the estimated cost of 4 parcels has been allocated to the Active Acquisition List A -List Total - Cycle 12A, while the estimated cost of the remaining 18 project parcels (50.7 acres) is provided within the Active Acquisition List Multi -Parcel Projects total. Highlights: • Location: South of Shady Hollow Blvd. W and west of 91h St. NW • Habitat: Primarily red maple swamp with some cypress • Listed Plants: Wild coco (Elophia alta) FDA threatened and royal fern (Osmunda regalis) • Listed Wildlife: FWC telemetry shows use by panthers and observed on wildlife cameras on existing preserve. Habitat for wood stork. • Water Resource Values: hydric soils exist; wetland indicators noted and numerous wetland dependent plants species noted; very minimal mapped aquifer recharge. • Connectivity: The parcels are immediately contiguous with Corkscrew Regional Ecosystem Watershed lands managed by South Florida Water Management District (SFWMD) • Access: Shady Hollow Blvd. and 41st Ave NW are accessible via Immokalee Rd. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $480/acre and ongoing annual estimated at $150/acre. These parcels would be managed along with the existing preserve parcels • Partnership Opportunities: Staff coordinates management activities with SFWMD • Zoning/Overlays: Single-family Estates zoning. No Overlays • Surrounding land uses: Conservation to the north and west; undeveloped Estates residential to the east; Twin Eagles development to the south • Other Division Interest: None • History: Parcels within the Red Maple Swamp Preserve boundary totaling 305.86 acres have been targeted and pursued by Conservation Collier since the target area was approved for the A -list by the Board of County Commissioners on January 25, 2005. Since then, the Program has acquired 78% of the project area or 84 parcels for a total of 237.4 acres. Total Score: 215/400 200 160 150 100 87 80 80 80 60 41 50 27 0 1- Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 20 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Red Maple Swamp Preserve Multi -Parcel Project — Currently on Board Approved A -list 0 0.25 0.5 Miles Page 21 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Winchester Head Preserve Multi -Parcel Project - — Currently on Board Approved A -list Property Name: Winchester Head Preserve Owner(s): 39 parcels - See Map Target Protection Area: North Golden Gate Estates Acreage: 52.4 acres remaining to be acquired Total Estimated Market Value: $1,441,000 Staff estimates that 4 parcels (10 acres) within the Winchester Head Preserve Multi -Parcel Project Area will be acquired during Cycle 12A. For budgeting purposes the estimated cost of 4 parcels has been allocated to the Active Acquisition List A -List Total - Cycle 12A, while the estimated cost of the remaining 35 project parcels (42.4 acres) is provided within the Active Acquisition List Multi -Parcel Projects total. Highlights: • Location: Between 35th Ave. NE and 41st Ave. NE, east of Everglades Blvd. N. • Habitat: Primarily freshwater marsh and cypress • Listed Plants: Common wild pine (Tillandsia fasciulata) fern (Osmunda regalis) • Listed Wildlife: FWC telemetry shows use by panthers and observed on wildlife cameras on existing preserve. Habitat for wood stork. • Water Resource Values: hydric soils exist; wetland indicators noted and numerous wetland dependent plants species noted; very minimal mapped aquifer recharge. • Connectivity: The parcels are immediately contiguous to Winchester Head Preserve and serve as an important water storage area for this part of NGGE • Access: 37th Ave. NE, 39th Ave. NE, and 41" Ave. NE are accessible via Everglades Blvd. N. • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $300/acre and ongoing annual estimated at $150/acre. These parcels would be managed along with the existing preserve parcels • Partnership Opportunities: None • Zoning/Overlays: Single-family Estates zoning. No Overlays • Surrounding land uses: Undeveloped and developed Estates residential on all sides • Other Division Interest: Stormwater Management may be interested in partnering on flood management projects within Winchester Head to relieve flooding in surrounding areas. Total Score: 241/400 200 160 150 100 50 89 80 30 80 64 f 80 58 0 1- Ecological 2 - Human 3 - 4- Value Value Restoration Vulnerability and Management ■ Awarded Points ❑ Possible Points History: Parcels within the Winchester Head Preserve boundary totaling 158.67 acres have been targeted and pursued by Conservation Collier since the target area was approved for the A -list by the Board of County Commissioners on January 25, 2005. Since then, the Program has acquired 60% of the project area or 69 parcels for a total of 95.8 acres. Page 22 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Winchester Head Preserve Multi -Parcel Project — Currently on Board Approved A -list 0 0.25 0.5 Miles Page 23 of 35 CCLAAC Conservation Collier Property Summary Dombrowiski parcel — North Golden Gate Estates Scrub TPMA Property Name: Dombrowiski Owner: Barbara Dombrowiski Target Protection Area: North Golden Gate Estates Acreage: 1.14 acres Estimated Market Value: $59,000 This is a Cycle 11A Board "B" ranked property Highlights: • Location: Off of 52nd Ave NE, east of Everglades Blvd and west of the Faka- Union Canal • Met 3 the 6 Initial Screening Criteria: Native plant communities; human social values; biological values; connectivity; not within another Agency project boundary. • Habitat: Depressional wetland with habitats on other parcels in the area primarily Scrubby flatwood and palmetto prairie/scrub • Listed Plants: Cardinal airplant (Tillandsia fasciculata) • Listed Wildlife: Big Cypress fox squirrel (Sciurus niger avicennia) observed on parcel; Florida panther (Puma concolor coryi) frequently detected in area. • Water Resource Values: This parcel adds minimally to aquifer recharge but is composed almost entirely of wetlands • Connectivity: This parcel does not connect to other conservation lands • Other Division Interest: None • Access: Accessible via 52nd Ave. NE • Management Issues / Estimated Costs: Initial invasive plant treatment - $350/acre. Ongoing annual maintenance estimated at $150/acre • Partnership Opportunities: None • Zoning/Overlays: Estates — allows for 1 unit per 2.25 acres • Surrounding land uses: undeveloped parcels, roadway, low density single- family homes. • All Criteria Score: 267 out of 400 (score for entire TPMA not just parcel); high ecological value, management, and vulnerability • Acquisition Considerations: small, 1.14 acre stand-alone parcel. Would be more desirable in the future if more parcels within this Target Mailing Area apply. Cycle 12A Total Score: 267/400 200 160 150 100 50 93 50 80 irl 64 80 If] 60 80 if] 1- Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 24 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Dombrowiski parcel — North Golden Gate Estates Scrub TPMA 50T HAVEN E B2NDAVE NE NE ENE _ Panther Walk Preserve _ DOMDROWISKI, DARBARAJ 54T HAVE ME AVE NE T__ 0.5 AA IIPC Page 25 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Adams Trust Parcel Name: Adams Trust Owner(s): H C & J S Adams Trust Estimated Market Value: $36,900 Target Protection Area: RFMUD This is a Cycle 11A Board "B" ranked property Highlights: • Location: Approx. 2 miles north of the intersection of Collier Blvd. and Immokalee Rd. • Met 4 of 6 Initial Screening Criteria: water resource values; biological and ecological value; enhancement of current conservation lands; within another Agency project boundary • Habitat: Mature melaleuca forest with scattered native plants; northern needleleaf (Tillandsia balbisiana) observed • Listed Wildlife: Florida panther telemetry points collected on adjacent properties on all sides of the parcel • Water Resource Values: seasonal wetlands; hydric soils; no contribution to aquifer recharge • Restoration needs: Treatment of 75% cover of mature melaleuca and other scattered exotic plants • Connectivity: Adjacent to private conservation easements on the north and west border; undeveloped parcels east to CREW District lands • Management Issues / Estimated Costs: Treatment of 75% coverage of melaleuca and other scattered exotics would require approximately $8,000 initially and $500- $1,000 annually; initial signage is estimated to cost $1,000. • Partnership Opportunities: CREW Land and Water Trust • Zoning/Overlays: Agricultural — Special Treatment Overlay — Rural Fringe Mixed Use District Overlay — Natural Resource Protection Area — Sending • Surrounding land uses: Conservation and undeveloped • All Criteria Score: 105 out of 400; all low, but management highest • Acquisition Considerations: This parcel is difficult to access and not likely to be developed I Acreage: 4.34 Total Score: 105/400 200 160 150 100 80 80 80 47 46 50 9 4 0 1- Ecological 2-Human 3-Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Page 26 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Adams Trust View of Adams Trust Parcel and surrounding lands looking west. I O IMMOKALEE RD O H C & J S ADAMS rn Conservation Collier Preserves C Conservation Easement CREW District Land Other Conservation Areas 1 IIIIIIII Iliiii I I T—I I I I I I I I I I I I I I I I I I 0 0.5 1 2 3 4 5 Miles 2 Page 27 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Hoffman Property Name: Hoffman Target Protection Area: RFMUD - Receiving Total Estimated Market Value: $70,000 This is a Cycle 11B Board `B" ranked property Highlights: • Location: Approx. 1.4 miles east of the end of Keane Ave. and 1.8 miles north of the Cycle 10 HHH Ranch in North Belle Meade • Met 2 out of 6 Initial Screening Criteria: Native plant communities; biological and ecological value • Habitat: Cabbage palm; Improved pasture • Listed Plants: None observed • Listed Wildlife: Open understory desirable to Florida panther prey species; with surrounding undeveloped land desirable to variety of species including sandhill crane and crested caracara; historic red cockaded woodpecker nesting/foraging habitat; Panther telemetry indicates significant utilization. Owner(s): Roy Hoffman Acreage: 15.0 acres • Water Resource Values: within 20-year wellfield protection zone; adds minimally to aquifer recharge; composed of uplands • Connectivity: No direct connection to conservation lands; undeveloped land between property and large block of CEs to the east, Picayune Strand via wildlife underpasses to the south, and to the remaining undeveloped portions of Golden Gate Estates to north and west • Access: No public access; east of Keane Ave. through two locked gates • Management Issues / Estimated Costs: Initial Exotic Removal estimated at $3,800 and ongoing annual estimated at $2,300; Cabbage Palm thinning and native re -planting estimated at $15,000 • Partnership Opportunities: None • Zoning/Overlays: Agricultural; Rural Fringe Mixed Use Overlay -North Belle Meade Overlay -Receiving • Surrounding land uses: Undeveloped; Improved pasture • All Criteria Score: 201 out of 400; high vulnerability score • Other Division Interest• Conservation Collier is coordinating with the Total Score: 201/400 200 160 150 100 80 80 80 59 57 62 50 23 0 1 - Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Transportation Department regarding the Wilson Boulevard extension that may be aligned through property • Acquisition Considerations: No additional considerations noted Page 28 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Hoffman o BRANTLEYBLVD KEANE AVF 0 K J L- - 8 � �i 175 r 0 1 2 3 4 5 Miles HOFFMAN,ROY Cycle 10 Cycle 11A Cycle 11B I Conservation Collier Preserve Managed Conservation Areas Other Conservation Areas CON ATON LLIER C..O 81 C. .." View of Hoffman parcels looking east Page 29 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Connection Investors Owner: Connection Investors Group, LLC Property Name: Connection Investors Acreage: 5.00 acres Target Protection Area: McIlvane Marsh Total Estimated Market Value: $26,500 This is a Cycle IIB Board `B" ranked property Highlights: • Location: South of rough trail extension of Curcie Rd., on the west side of McIlvane Marsh Preserve • 4 of the 6 Initial Screening Criteria were met: Native plant community; water resources; biological and ecological values; conservation land enhancement • Habitat: Mangrove Swamp • Listed Plants: None observed; Tillansdia species probable • Listed Wildlife: None observed; listed wading birds, Florida panther, and American crocodile probable • Water Resource Values: Provides minimal aquifer recharge; hydric soils; holds water throughout the year; provides storm surge protection; within 1,500 feet of Outstanding Florida Waters • Connectivity: Directly adjacent to Conservation Collier McIlvane Marsh parcels which provides a continuous connection between Rookery Bay National Estuarine Research Reserve (NERR), The Ten Thousand Islands National Wildlife Refuge, Collier Seminole State Park, and Picayune Strand State Forest • Access: This parcel is not accessible to the public • Management Issues / Estimated Costs: 25% exotic plant coverage; Initial exotic removal estimated at $12,000 and ongoing annual estimated at $5,000 • Partnership Opportunities: None anticipated • Zoning/Overlays: Zoned Agricultural (I unit/5 acres) • Surrounding land uses: Conservation • All Criteria Score: 175 out of 400; restoration/management score is high; slightly lower score than Relevant Radio due to smaller parcel size • Other Division Interest: None • Acquisition Considerations: No additional considerations noted Approximate location of Connection Investors Group parcel looking west with Marco Airport in background Connection Investors Total Score: 175/400 200 150 160 100 75 80 78 80 80 50 0 22 0 1 - Ecological 2 - Human 3 - 4- Value Value Restoration Vulnerability and Management ■ Awarded Points ❑ Possible Points Page 30 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Connection Investors I . .✓ r ,f i iffs '� Tq��iq^y/T R� D Cr Picayune Strand State Forest Connection Relevant Investors Group rzm Radio LRookery Bay NERR` Rookery Bay NERR - f 0.000 111ands Coll�er•Sernmok State Park NWR i Representative mangrove swamp within Mcllvane Marsh c4 .' 10.000 / wands N%R 0 1 2 3 4 5 Miles MCILVANE MARSH PARCELS Conservation Collier Preserve Managed Conservation Areas Other Conservation Areas i M � r" y Y. � ��•.•y, �. Co., tenor. I1111t Approximate location of Connection Investors Group parcel looking west with Marco Airport in background Page 31 of 35 CCLAAC Conservation Collier Property Summary Barron Collier Partnership LLLP — Sanitation and Bethune Rd Properties Property Name: Sanitation & Bethune Rd Parcels Owner: Barron Collier Partnership LLLP Target Protection Area: Urban Acreage: 370 acres total; Parcel a. — 258 acres; Parcel b. — 112 acres (2 parcels offered as package) Estimated Market Value: $4,810,000 This is a Cycle 11A Board "B" ranked property Highlights: • Location: Located within the boundaries of the town of Immokalee on the southwest side west of the Casino along Bethune Road and Sanitation Road. • How many of the 6 Initial Screening Criteria were met: 5 out of 6 criteria met — Native habitat, Human Social Values, Water resource Values, Significant Biological Values, Enhance Current Environmental Lands. • Habitat: 7 distinct native habitats mapped — 6 directly observed. A priority native plant community is present — tropical hardwood hammock. • Listed Plants: Bromeliads, Florida royal palm, Satin leaf, red stopper, hand fern • Listed Wildlife: Osprey observed, potential habitat for alligator, snail kite, little blue heron, American kestrel, Florida bonneted bat, wood stork, Everglades mink, Florida Panther, eastern indigo snake. Known wood stork colonies are close and properties are within foraging area. Within FWC primary panther habitat zone. • Water Resource Values: Properties approx. half wetland and half upland, includes Immokalee slough. Wetland dependent wildlife (birds, apple snails, crawfish) and plants noted. Likely is taking flood waters from surrounding developed residential lands. Surficial aquifer recharge area. Wellfield protection zone. • Connectivity: Connects westward through Immokalee slough with Pepper Ranch and 60,000 acres CREW lands and SSA lands. Landscape connection east to Okaloacoochee Slough & other major conservation lands. • Other Division interest (see report for details): Stormwater Management, Immokalee Water & Sewer, Transportation Right of Way, 15-foot wide cable easement • Access: There is access from public paved Immokalee Road, Bethune Road and South 5t1i St. • Management & Initial Estimated Costs: Initial exotics control est. at $240,000 plus parking $50,000, fencing/gates $88,400, Trails $5,000 & signs $4,000. Total initial estimated costs - $387,400. Ongoing estimated maintenance - $80,825 annually. These costs do not include building & maintenance of a boardwalk in the slough. • Partnership Opportunities: none at this time. • Zoning/Overlays: Parcel a. - A -MHO; Parcel b. - Estates; both within Urban Residential Subdistrict • Surrounding land uses: Residential single family, multi -family, PUD, and Utility (Immokalee Water and Sewer District offices, wells, and spray fields. • All Criteria Score: 271 out of 400 — high human value score and relatively high ecological value score Cycle 12A Conservation Collier. Barton Collier Partnership LLLP Location Ma s 0) taw a • R ,a mmakaea RD f�7 ra Os Q.ImmakalM eavna.ry Ca,wn.ibn cats LLLP-2as.57-P. O8CPLLLP.111.00•pai .._..- -...,. u. `.r..... sunounona Ne 01Anaa Total Score: 271/400 200 160 150 97 80 80 100 7180 58 50 4� 0 1 - Ecological 2 - Human 3 - Restoration 4 - Vulnerability Value Value and Management ■ Awarded Points ❑ Possible Points Page 32 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Barron Collier Partnership LLLP — Sanitation and Bethune Rd Properties Acquisition Considerations: o Landfill: The property contains the historic 16-acre Eustis Landfill was opened in 1947 and was closed in 1992. It was in operation before current hazardous waste disposal regulations were in place; is unlined; and likely has direct contact with the aquifer. The County operated the landfill from 1980-1985 under a lease agreement with the current property owner. It closed in 1992, with 20 years of required permit monitoring finally completed in 2012. Although the Eustis landfill met state closure requirements, the list of analytes monitored didn't include pesticides, especially legacy pesticides such as Chlordane and DDT, that were commonly used before they were banned. In addition, the well sampled for the final closure requirements may not have been representative as it may not have been downgradient of the groundwater flow which is known to fluctuate. Groundwater samples obtained from Immokalee Water and Sewer failed to provide indications of contamination because they were downgradient and therefore in the wrong location. Samples taken from the middle of the landfill in 2012 showed that the site met permit requirements. Therefore, further testing may be completed outside of the landfill within the area being offered for sale prior to any potential acquisition of the property. Such testing could include groundwater and/or soil testing. Additionally, several locations sampled by FDEP in August 2021 surrounding the Bethune property yielded detections of per- and polyfluoroalkyl substances (PFAS) exceeding the 2022 EPA Health Advisory limits. A Phase I Environmental Site Assessment would be sought from a contracted third party environmental consultant to determine required due diligence. Please note: The property owner has removed the landfill and a 50-foot buffer from the sale. o Access: There is access at Sanitation Road, however, there has been a security concern expressed by Immokalee Water and Sewer regarding public use of this lime rock road as it leads to sensitive areas. Additionally, the Immokalee Water and Sewer indicated they have an access easement over Sanitation Road and would need to continue to have this as it is their only access to section 8, where their spray fields are located. An access point off of South 9tn Street would be the only access point for visitors to access parcel a. Therefore, access to the south part of parcel a. would necessitate a boardwalk through the slough to take visitors to the southern end of the parcel. o Restoration: The Pine flatwoods area has been selectively logged of pine on the Sanitation property "parcel a" since last review of this property occurred in 2018. The owner advised they plan to treat exotics that have come in as a result of the logging and clean up debris and/or rutting in the staging areas resulting from the logging effort. These areas will most likely need to be restored and have shown to already be more susceptible to exotic vegetation due to the disturbance. o Dumping: Parcel b. has considerable ongoing dumping on the property. This will be an additional cost to have ongoing waste removal. 2 Page 33 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Barron Collier Partnership LLLP — Sanitation and Bethune Rd Properties This exhibit was provided by the owner on 11-30-21 as an updated exhibit depicting removal of the landfill from the application boundary. Page 34 of 35 CCLAAC Conservation Collier Property Summary Cycle 12A Barron Collier Partnership LLLP — Sanitation and Bethune Rd Properties Conservation Collier: Barron Collier Partnership LLLP Adjacent Preservation Lands & updated 2021 Aerial Q 0.6 1.2 Miles 4 Legend CON 'I14N LLIER Page 35 of 35 Conservation Collier Cycle 12A Properties -Aerial 0 20 Miles Legend Conservation Collier Preserves A -List Parcel - Offer Accepted - Cycle 12A Parcel 1 - Rosbough Enterprises (32.5 ac) 2 - Sanitation/Bethune (370.0 ac) 3- H C& J S Adams Trust (4.34 ac) 4 - Red Maple Swamp Preserve (22 parcels; 60.7 ac) 5 - Panther Walk Preserve (201 parcels; 391.7 ac) 6 - Dombrowiski (1.14 ac) 7 - Winchester Head Preserve (39 parcels; 52.4 ac) 8 - Symphony Properties (150.0 ac) 9 - Hoffman (15.0 ac) 10 - North Belle Meade Preserve (2 parcels; 13.4 ac) 11 - Dr. Robert H. Gore III Preserve (152 parcels; 400.5 ac) 12 - Mcllvane Marsh - Connection Investors (5.0 ac) 13 - Matlalatl (2.8 ac) Caer County 40 Cycle 12A Properties - Conservation Areas Legend Rural Lands Stewardship Area Managed Conservation Areas Conservation Areas Conservation Collier Preserves A -List Parcel Offer Accepted Cycle 12A Parcel 1 - Rosbough Enterprises (32.5 ac) 2 - Sanitation/Bethune (370.0 ac) 3- H C& J S Adams Trust (4.34 ac) 4 - Red Maple Swamp Preserve (22 parcels; 60.7 ac) 5 - Panther Walk Preserve (201 parcels; 391.7 ac) 6 - Dombrowiski (1.14 ac) 7 - Winchester Head Preserve (39 parcels; 52.4 ac) 8 - Symphony Properties (150.0 ac) 9 - Hoffman (15.0 ac) 10 - North Belle Meade Preserve (2 parcels; 13.4 ac) 11 - Dr. Robert H. Gore III Preserve (152 parcels; 400.5 ac) 12 - Mcllvane Marsh - Connection Investors (5.0 ac) 13 - Matlalatl (2.8 ac) 0 20 40 Miles Cycle 12A Properties - Commission District 3l 14 r I ❑7 IMMOKALEE RID' ,F m w 9 0 U 10 i 11 i 2 1-75 CON ATION IqIWLLIER Go' ev COuraxy Legend ❑ Commission District 1 ❑ Commission District 2 ❑ Commission District 3 ❑ Commission District 4 Commission District 5 Conservation Collier Preserves A -List Parcel Offer Accepted Cycle 12A Parcel 1 - Rosbough Enterprises (32.5 ac) 2 - Sanitation/Bethune (370.0 ac) 3- H C& J S Adams Trust (4.34 ac) 4 - Red Maple Swamp Preserve (22 parcels; 60.7 ac) 5 - Panther Walk Preserve (201 parcels; 391.7 ac) 6 - Dombrowiski (1.14 ac) 7 - Winchester Head Preserve (39 parcels; 52.4 ac) 8 - Symphony Properties (150.0 ac) 9 - Hoffman (15.0 ac) 10 - North Belle Meade Preserve (2 parcels; 13.4 ac) 11 - Dr. Robert H. Gore III Preserve (152 parcels; 400.5 ac) 12 - Mcllvane Marsh - Connection Investors (5.0 ac) 13 - Matlalatl (2.8 ac) 0 20 40 Miles Conservation Collier Cycle 12A Working Analysis July 14, 2023 Ecolog. Human Manage. Vulner. Est. Initial Est. Initial Est Name Sub - Values Sub- Sub- Total Est. Cost Acreage Est. Maint. Maint. Annual Sub- Score Size Cost/Ac. Cost/ Maint Score Score Score Score Cost Acre Cost Matlalatl LLC 88 20 78 60 246 $3,400,000 2.83 $1,201,413 $24,170 $8,541 $23,680 NBM Preserve - 123 60 30 9 221 $24,400 4.87 $5,010 $3,896 $800 $745 Murawski Trust NBM Preserve - Volpe 123 60 30 9 221 $50,000 8.50 $5,882 $6,800 $800 $13,000 Trust PR Preserve - Rosbough 84 16 78 36 213 $278,000 32.50 $8,554 $6,700 $206 $3,250 Symphony Properties 113 54 78 31 276 $7,100,000 150.00 $47,333 $108,500 $723 $25,000 Dr. Robert H. Gore III Preserve Multi -Parcel 120 54 48 64 287 $9,068,121 400.50 $22,642 $60,150 $500 $30,075 Project Panther Walk Preserve 133 33 64 60 290 $11,587,269 391.70 $29,582 $137,095 $350 $58,755 Multi -Parcel Project Red Maple Swamp 87 27 41 60 215 $1,136,365 60.70 $18,721 $39,455 $650 $21,245 Multi -Parcel Project Winchester Head Multi - 89 30 64 58 241 $1,441,000 52.40 $27,500 $26,200 $500 $13,100 Parcel Project Dombrowiski 93 50 64 60 267 $59,000 1.14 $51,754 $400 $351 $200 H C & J S Adams Trust 47 9 46 4 105 $36,900 4.34 $8,502 $8,000 $1,843 $750 Hoffman 59 23 57 62 201 $70,000 15.00 $4,667 $18,800 $1,253 $2,300 Mcllvane Marsh - Connection Investors 75 0 78 22 175 $26,500 5.00 $5,300 $12,000 $2,400 $5,000 Group Sanitiation & Bethune Rd Parcels (Barron 97 71 58 45 271 $4,810,000 370.00 $13,000 $387,400 $1,047 $68,525 Collier Partnership) Conservation Collier Cycle 12A Working Analysis July 14, 2023 Conservation Collier — Cycle 12A Figure 1. Active Acquisition Parcels Arranged by Total ICSR Ecological, Human Value, Management, and Vulnerability Score 400 350 300 250 200 150 100 50 0 ■ Vulnerability Ranked by Total Score KIManagement ❑Human Values ❑ Ecological tp6s¢/ 4<0~+& `Op+& ��dO2y0�,�dd �cO,e>6 10 o ep6/d~pd�/o,s0Ile y`bp <, ;%}yp p �d7e d rpsp2l0 pro/// a0�0 c��4' dp,�� 4r Gpb �a� 'Aps6p 6 .o s 0,A /�i, p dais 0G/f. 49 214/�, 0s0 p•A d~c .�/fir 4s� �r 6 G d `0t ce0/ / '° sl c e/'0 r00/A 'O dr O/0Cf 110. O , dr r0 1` 700e 00/'0 %Cp Ia` /� / Conservation Collier Cycle 12A Working Analysis July 14, 2023 Conservation Collier — Cycle 12A Figure 2. Active Acquisition Parcels Arranged by ICSR Ecological Value Score 160 77 140 120 100 80 60 40 20 0 Ranked by Ecological Scores 6or� o�� r � off' os�o 0�/�! 0 �/�0 'G C°� 0o 10 q,p ,' o /A �Lo /� r� ✓mac �� s�o 'd' Conservation Collier Cycle 12A Working Analysis July 14, 2023 Conservation Collier — Cycle 12A Figure 3. Active Acquisition Parcels Arranged by ICSR Human Value Score 80 70 60 50 40 30 20 10 0 Ranked by Human Value Scores ,G 00 4st O � %A �0i mac'°%A ~°6 Ao6° d,, O . 1` A O~ moo 1� Conservation Collier Cycle 12A Working Analysis Conservation Collier — Cycle 12A Figure 4. Active Acquisition Parcels Arranged by ICSR Management Score 80 70 60 50 40 30 20 10 0 Ranked by Management Scores 16 4 s. y0 O^ "$ os�^o0�0^�' �°� d � �o'��o �y �yA , db/��co co so20 so2co � s A /A /A 4s d�00/A ✓Oc �� O 4/� O ^00 1� O^� ^O 1r q1^^ C� �'^o ��0c+� o� coo July 14, 2023 Conservation Collier Cycle 12A Working Analysis Conservation Collier — Cycle 12A Figure 5. Active Acquisition Parcels Arranged by ICSR Vulnerability Score 80 70 60 50 40 30 20 10 0 �0 °��% d�j0/ °fib^- �?' c <<C, Is, 0 10 S� N d� °° /#0 ^% °le Ranked by Vulnerability July 14, 2023 h°^`y 4t/�iids,° ^��0 01>0 0 '1�0 ° ,°�° Gig.1,A 0 A C' S ✓ , �d 13010 0/ °�` C, ^o o/Z, G,6 N^ Conservation Collier Cycle 12A Working Analysis July 14, 2023 Conservation Collier — Cycle 12A Figure 6. Active Acquisition Parcels Arranged by Estimated Initial Exotics Management Cost Per Acre le LO $9,000 °° $8,000 $7,000 $6,000 $5,000 $4,000 $3,000 $2,000 $1,000 $0 Estimated Initial Exotics Management Cost Per Acre Al.S �. �. S 'p O ty O °'1-/d o//` c OA, , °',>,- 02� 02� L`°a ~,p 0/ /d�/< rho ��s '�dh �d// p� .00sp �opsp ah phi ?�dA/p oboes os4o� 6,°�'s hor�d �C �dr '9q, C? Z Z A S y C yoA o °.po �di� o, o'p• rp . Cp fir` �� Ord oa 1.4 p pA_ p sp2 S,b° 7,sc , �/ 0�9' �s�. p �r s .A Arp •�/ ��%O p?, 49h dip, dr �Tr 4S� dre Spr` drop / C 4S p/ 0 /A A pjs/e f ,p0 /�/�//, �p✓p deep/ ors drr pef O r C C'p/ oA 4a //, �o pr d ✓peg rA 7p r