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CCLAAC Agenda 09/06/2023AGENDA 28.A.2 CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE September 6, 2023, 1:00 P.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 B. Welcome new member Nick Pearson Approval of Agenda III. Approval of July 14, 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. Brewer 2. VanCleave — Rivers Road Preserve 3. English Trust — Pepper Ranch Preserve 4. Annecy/Barfield 5. Chestnut 6. South Terra Corp 7. Dr. Robert H. Gore III Preserve multi -parcel project a) Dibala Trust b) Perez Castro 8. Panther Walk Preserve multi -parcel project a) Hackmann 9. Winchester Head Preserve multi -parcel project a) Higdon Trust b) Wilson Trust 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 Packet Pg. 892 V. New Business 28.A.2 A. Member Recognition 1. Brittany Patterson -Weber — 5 Years B. LEO @ Naples Proposed Off -Site Preservation Land Donation C. Cycle 12A Initial Screening Criteria (ISC) 1. Wildflowerz Ranch 2. Winebrenner — Camp Keais Strand 3. Hendrix House, Inc. 4. Marco Island Dogwood/Sheffield a) Beans b) Brija C) Munera/Krumm D. Winchester Head Preserve Application — Bailey — continued; will be brought back as a Purchase Agreement 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 1. July 25 BCC Meeting a. Purchase Agreements (4 items) b. WISC Property c. Budget Amendment 2. August 8 BCC Meeting a. Shell Island Preserve Addendum Management Plan 5 Year Update 3. August 22 BCC Meeting a. Pepper Ranch Volunteer Camp Host Agreement b. Purchase Agreements (4 items) c. Panther Walk Preserve Land Management Plan 4. September 12 — Purchase Agreements (6 items) 5. September 26 — Purchase Agreements (5 items) 6. October 10 — Cycle 12 Target Mailing Areas 7. October 24 — Tentative Purchase Agreements for Marco Island parcels B. Sunflower Viewing Event at Pepper Ranch Preserve Packet Pg. 893 28.A.2 Vill. Chair and Committee Member Comments IX. Public General Comments X. Staff Comments XI. Next Meeting October 4, 2023 XII. Adjourn ****************************************************************************************************** Committee Members: Please notify Summer Araque at 239-252-2979 no later than noon Friday, September 1, 2023, if you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item. Packet Pg. 894 Conservation Collier Cycle 10 and 11 Property Status Updated 28.A.4 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 Castillo, Jose Red Maple Swamp 5.41 $89,300 $84,835 Closed 7/14/23 Preserve Charles, Paulette Dr. Robert H. Gore 1.14 $25,100 $22,500 Closed 6/30/23 III Preserve D & 1 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 Joyce, Martin and Elizabeth Panther Walk 2.27 $61,300 $55,170 Closed 8/17/23 Preserve Martinez, Abel Chavez Red Maple Swamp 2.27 $40,900 $36,000 Closed 8/17/23 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 Quevedo, Odalys Dr. Robert H. Gore 1.14 $28,000 $26,600 Closed 7/14/23 III Preserve Rodriguez (f.k.a. Lopez), Terri Panther Walk 1.59 $42,900 $38,610 Closed 8/17/23 Preserve Ruben Trust Winchester Head 1.59 $39,800 $39,800 Closed 7/7/23 Preserve Packet Pg. 902 Conservation Collier Cycle 10 and 11 Property Status Updated 28.A.4 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 Rudnick, Carol - Donation Dr. Robert H. Gore 1.59 N/A N/A Closed 6/30/22 III Preserve Salgado, Julio Panther Walk 2.73 $73,700 $70,110 Closed 8/17/23 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 Sparkman Tamara Gibson Panther Walk 1.14 $33,000 $33,000 Closed 7/14/23 Preserve Thommen, William F Panther Walk 5.00 $100,000 $100,000 Closed 1/30/23 Preserve 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 379.13 $4,561,195 $4,529,840 Total number of properties = 39 Packet Pg. 903 Conservation Collier Cycle 10 and 11 Property Status Updated 28.A.4 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 Arias, Eladio Dr. Robert H. Gore 3.16 $63,000 $52,900 Purchase Agreement approved by BCC on III Preserve 7/25/23; closing scheduled for 9/22/23 Arias, Eladio Dr. Robert H. Gore 3.78 $66,000 $63,200 Purchase Agreement approved by BCC on III Preserve 7/25/23; closing scheduled for 9/22/23 Purchase Agreement approved BCC 9/13/2: Bailey, Charles E Dr. Robert H. Gore 1.14 $25,000 $25,000 extension approved 5/9/23 BCC; closing III Preserve scheduled for 9 20/23 Craparo, Stephen Dr. Robert H. Gore 1.64 $44,000 $39,600 Purchase Agreement approved by BCC on III Preserve 6/27/23; closing scheduled for 9/15/23 Fesser, Ivan Winchester Head 2.27 $56,800 $53,960 Purchase Agreement approved by BCC on Preserve 6/27/23; closing scheduled for 9/1/23 Fleming, Albert Dr. Robert H. Gore 1.64 $39,000 $37,500 Purchase Agreement approved by BCC on III Preserve 6/27/23; closing scheduled for 9/15/23 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 scheduled for 9/22/23 Trofatter, Frederick Winchester Head 1.14 $28,000 $28,000 Purchase Agreement approved by BCC on Preserve 4/25/23; closing scheduled for 9/7/23 Subtotal - Properties with Board Approved Purchase 74.56 $826,800 $805,160 Subtotal number of properties = 8 Agreements Hackman, Charles Panther Walk 2.73 $70,000 $63,000 Offer accepted; Purchase Agreement schedul Preserve for 9/6/23 CCLAAC meeting Higdon Trust, Garey D Winchester Head 1.59 $39,800 $35,820 Offer accepted; Purchase Agreement schedul Preserve 9/26/23 Board meeting Subtotal - Properties with Board Approval of Purchase 4.32 $109,800 $98,820 Subtotal number of properties = 2 Agreements Pending TOTAL CYCLE 10 PROPERTIES PENDING ACQUISITION 78.88 $936,600 $903,980 Total number of properties = 10 Packet Pg. 904 Conservation Collier Cycle 10 and 11 Property Status Updated 28.A.4 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 Eschuk, Shari Rivers Road 4.78 $180,000 $180,000 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 Naughton, 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,losef 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 400.52 $2,391,450 $2,391,450 Total number of properties = 22 ACQUIRED Packet Pg. 905 Conservation Collier Cycle 10 and 11 Property Status Update 28.A.4 CYCLE 11A AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON DECEMBER 13, 2022 TOTAL CYCLE 11A ACQUIRED PROPERTIES Property Name Preserve Dr. Robert H. Gore III Berman Trust, R F Preserve Fontela, Maricel Aleu Dr. Robert H. Gore III Preserve McGinnis, Patricia Panther Walk Preserve Repola, Andrea Panther Walk Preserve Scalley, William J and Martha Panther Walk Preserve Trigoura, Delsina Dr. Robert H. Gore III Preserve Vaz, Maurice J Panther Walk Preserve Subtotal - Properties with Board Approved Purchas Agua Colina Marco Island Annecy Marco LLC Marco Island Chestnut, Diane Marco Island North Belle Meade Geren, Jonathan Preserve North Belle Meade Gutierrez, Michael Preserve Dr. Robert H. Gore III Perez Castro, Pedro Preserve Winchester Head Perona, Barbara Preserve S & B Properties of Marco LLC Marco Island North Belle Meade Scotti, Mary Preserve South Terra Corp Marco Island North Belle Meade Sponseller, Robert Preserve VanCleave, Matthew Rivers Road Preserve Subtotal - Properties with Board Approval of Purcha TOTAL CYCLE 11A PROPERTIES PENDING ACQUISITION Berman Rev Trust, R F Panther Walk Preserve Colon, Donna & Patricia Mack Dr. Robert H. Gore III Preserve Starnes, Hugh Caracara Prairie Presery TOTAL CYCLE 11A A -LIST PROPERTIES THAT WILL NOT BE CYCLE 11A ACQUIRED PROPERTIES Size (ac) Appraised Value Closing Amount 0.00 CYCLE 11A PROPERTIES PENDING ACQUISITION Size (ac) Appraised Value* Purchase Price* 1.14 $30,000 $28,' 1.14 $25,700 $25,' 1.14 $45,000 $42,1 1.14 $45,000 $42,I 1.14 $45,000 $42,1 1.14 $30,000 $30,1 1.59 $57,500 $57,1 8.43 $278,200 $269,1 0.63 2.13 0.53 $627,500 $627, 7.84 $129,500 $129, 4.88 $85,400 $81, 1.17 $29,000 $27, 1.59 $39,800 $39, 0.50 8.74 $135,500 $128, 0.56 $1,720,000 $1,620, 5.00 $90,000 $90, 0.50 $52,500 $52, 34.07 $2,909,200 42.50 $2,796, 700 $3,066,300 CYCLE 11A A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED Size (ac) Appraised Value Offer Amount 1.17 $46,000 $43,, 2.27 $39,500 $37,1 4.54 $250,000 $250,( 7.98 $335,500 $331,: Total number of properties = 0 Acquisition Status Purchase Agreement approved by BCC on 7/25/23; closing scheduled for 9/15/23 Purchase Agreement approved by BCC on 8/22/23; closing pending Purchase Agreement approved by BCC on 8/22/23; closing pending Purchase Agreement approved by BCC on 7/25/23; closing scheduled for 9/15/23 Purchase Agreement approved by BCC on 8/22/23; closing pending Purchase Agreement approved by BCC on 8/22/23; closing pending Purchase Agreement approved by BCC on 7/25/23; closing scheduled for 9/15/23 Subtotal number of properties = 7 Offer accepted; Purchase Agreement pending Offer accepted; Purchase Agreement pending Offer accepted; Purchase Agreement scheduled 9/6/23 CCLAAC meeting Offer accepted; Purchase Agreement scheduled 9/12/23 Board meeting Offer accepted; Purchase Agreement scheduled 9/12/23 Board meeting Offer accepted; Purchase Agreement scheduled 9/26/23 Board meeting Offer accepted; Purchase Agreement scheduled 9/12/23 Board meeting In Negotiation Offer accepted; Purchase Agreement scheduled 9/12/23 Board meeting Offer accepted; Purchase Agreement scheduled 9/6/23 CCLAAC meeting Offer accepted; Purchase Agreement scheduled 9/12/23 Board meeting Offer accepted; Purchase Agreement scheduled 9/26/23 Board meeting Subtotal number of properties = 12 Total number of properties = 19 No longer interested in selling Selling to another Offer not accepted Total number of properties = 3 Amount will be entered once Purchase Agreement is signed by Seller and scheduled for Conservation Collier Land Acquisition Advisory Committee meeting 5 Packet Pg. 906 Conservation Collier Cycle 10 and 11 Property Status Updated 28.A.4 CYCLE 11B AAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON FEBRUARY 28, 2023 CYCLE 11B ACQUIRED PROPERTIES 77 Size (ac) Appraised Value Closing Amount TOTAL CYCLE 11B ACQUIRED PROPERTIES 0.00 $0 Total number of properties = 0 CYCLE 1113 PROPERTIES PENDING ACQUISITION Property Name Preserve Size (ac) Appraised Value* Purchase Price* Acquisition Status Brewer, Richard N/A 14.78 $451,000 $405,900 Offer accepted; Purchase Agreement schedule( 9/26/23 Board meeting Dibala Wood Trust Dr. Robert H. Gore III Preserve 18.28 $275,000 $261,300 Offer accepted; Purchase Agreement schedules 9/6/23 CCLAAC meeting Dredge Management Assoc LLC Shell Island Preserve 18.73 Offer accepted; Purchase Agreement pending English Trust Pepper Ranch Preserve 59.01 $515,000 $463,500 Offer accepted; Purchase Agreement schedules9/26/23 Board meeting Owl Hammock N/A 7,378.00 TBD TBD Appraisal obtained and under review; State of Florida interested in acquiring Relevant Radio, Inc. Mcllvane Marsh Preserve 10.46 In Negotiation Williams Nancy Payton Preserve 0.50 Offer accepted; Purchase Agreement pending Weir Trust, Celine Dr. Robert H. Gore III Preserve 2.27 $39,500 $37,500 Offer accepted; Purchase Agreement scheduled f 9/12/23 BCC meeting Wilson Trust Winchester Head Preserve 1.59 $39,800 $39,800 Offer accepted; Purchase Agreement schedule( 9/6/23 CCLAAC meeting TOTAL CYCLE 11B PROPERTIES PENDING ACQUISITION 7,503.62 $1,320,300 $1,208,000 Total number of properties = 9 CYCLE 11B A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED Property Name Preserve Size (ac) Appraised Value Offer Amount Acquisition Status Buckley Enterprises Nancy Payton Preserve 80.00 N/A N/A Selling to another Khoury Otter Mound Preserve 0.43 N/A N/A Sold to another Lie, Run He Nancy Payton Preserve 0.50 $80,000 $80,000 Offer not accepted Sit/Chew Nancy Payton Preserve 3.00 $390,000 $390,000 Offer not accepted Smith & Montgomery Dr. Robert H. Gore III Preserve 2.73 N/A N/A Property withdrawn TOTAL CYCLE 1113 A -LIST PROPERTIES THAT WILL NOT BE ACQUIRED . M $470,000 $470,000 Total number of properties = 5 * Amount will be entered once Purchase Agreement is signed by Seller and scheduled for Conservation Collier Land Acquisition Advisory Committee meeting Packet Pg. 907 Map of Purchase Agreement Parcels 28.A.5 IV.B.1. BREWER 1� m w Q J m OIL WELL RD w z O r� yJ_ 7 IMMOKALEE RD Q 1 2 3 4 5 BREWER, RICHARD D Conservation Collier Preserve Managed Conservation Areas Other Conservation Areas I CONf-i A'1 014 C LLIE�t Qlf1lL' "k k Q CCLAAC 9/6/2023 Item IV.B. Packet Pg. 908 IV.B.2. VAN CLEAVE. 28.A.5 0 1 Miles VAN CLEAVE, MATTHEW Rivers Road Preserve Other Conservation Areas CONSHUI- ATION COLLIER Collier County Q 2 CCLAAC 9/6/2023 Item W.B. Packet Pg. 909 IV.B.3. ENGLISH TRUST 28.A.5 T0 1 2 M JOHN EDWIN ENGLISH TRUST Pepper Ranch Preserve CON 5-E-R VAT I O N CIOLLIER Collier Couxty a CCLAAC 9/6/2023 Item IV.B. Packet Pg. 910 IV.B.4. ANNECY BARFIELD 28.A.5 IV.B.5. CHESTNUT IV.B.6. SOUTH TERRA CORP T 0 0.5 1 Miles ANNECY MARCO LLC CHESTNUT, DIANE G SOUTH TERRA CORP Offer Accepted In Negotiation Otter Mound Preserve Conservation Areas CONS-E-RVATION COLLIER Collier Couxty"� ' t� r Q 4 CCLAAC 9/6/2023 Item IV.B. Packet Pg. 911 IV.B.7. DR. ROBERT H. GORE III - DIBALA TRUST & PEREZ CASTRO 28.A.5 Q DIBALA WOOD TRUST CASTRO, PEDRO JUAN PEREZ Property Owner Accepted Offer Dr. Robert H. Gore III Preserve A -List Parcel Dr. Robert Gore III Preserve 5 CON ATION PJIMMO��/}(� LLIER CO ev CM y Ila Q CCLAAC 9/6/2023 Item IV.B. Packet Pg. 912 IV.B.8. PANTHER WALK PRESERVE - HACKMANN 28.A.5 I 0 1 2 Miles Q HACKMANN TR, CHARLES W Offer Accepted Panther Walk Preserve A -list Parcel Panther Walk Preserve C� CONS-UR ATION C LLIER CoY County ;,' Q CCLAAC 9/6/2023 Item IV.B. Packet Pg. 913 IV.B.9. WINCHESTER HEAD PRESERVE - HIGDON TRUST & WILSON TRUST 28.A.5 W [_ Q HIGDON TR, GAREY D LYNN & ESTHER WILSON REV TRUST Property Owner Accepted Offer Winchester Head Preserve Project A -List Parcel Winchester Head Preserve CONSEAWATION C LLIER co Y County a 7 CCLAAC 9/6/2023 Item IV.B. Packet Pg. 914 28.A.6 Conservation Collier Land Acquisition Program Project Design Report Berman Property Date: September 2023 Property Owners: Richard D. Brewer Folios : 00209681000, 38601280000, 38601320106, 38601360001 Location: Just south of 47th Ave NW and just west of Wilson Blvd. N., approx. 1.2 miles NE of Red Maple Swamp Preserve Size: 14.78 acres Purchase Price: $405,900 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 12/7/22 2/28/2023 6/12/2023 6/12/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Brewer parcels 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. Significant human social values and enhancement of the aesthetic setting of Collier County The property can be viewed from Wilson Blvd. N and 47th Ave NW — paved public roads. Public access will not be available within the parcels themselves, as this property is a highly sensitive pre -migratory roost site for the swallow-tailed kite. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcels provide minimal recharge of the surficial aquifer; however, they do buffer the Corkscrew canal and provide protection of habitat utilized by wetland dependent species such as listed wading birds like the little blue heron and wood stork. Low lying areas within the property hold water during the wet season and after significant rain events. Packet Pg. 915 28.A.6 tic I Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor These parcels are directly adjacent to CREW Southwest Florida Water Management District conservation lands on their eastern boundary. 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: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants and the development of a Land Management Plan. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $5,800 $2,900 $2,900 $2,200 $2,200 Signage $200 Total $6,000 $2,900 $2,900 $2,200 $2,200 f,I AilkL'-_� Swallow-tailed kites roosting on property July 25,2021 Packet Pg. 916 28.A.6 1� 1 7 J f rQ `J i OIL WELL RD uj CO z O yJ 7 ItANAOKA 1 2 3 4 5 BREWER, RICHARD D Conservation Collier Preserve Managed Conservation Areas Cgher Conservation Areas Brewer Property Location Map 3 COKUWATION LLIE� ��5urity Q Packet Pg. 917 -00 CREW District Land 4• 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS, 38601320106, 38601280000,38601360001,00209681000 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between RICHARD D. BREWER, a single person, whose address is 2871 41h Street NE, Naples, FL 34120 (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"). WI TNESSETH WHEREAS, Seller is the owner of four certain parcels 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 Four Hundred Five Thousand Nine Hundred Dollars and 001100 ($405,900.00) (U.S. Currency) payable at time of closing. lll. 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 Packet Pg. 919 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS: 38601320106. 38601280000,38601360001,00209681000 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 J by the title insurance underwriter to insure the "gap" and issue the policy N contemplated by the title insurance commitment. N 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. L 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: L 3.0121 A negotiable instrument (County Warrant) in an amount equal to a the Purchase Price. No funds shall be disbursed to Seller until the Title 3 Company verifies that the state of the title to the Property has not ;v changed adversely since the date of the last endorsement to the 00 commitment, referenced in Section 4.011 thereto, and the Title Company m 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 a at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. Packet Pg. 920 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS: 38601320106, 38601280000,38601360001.00209681000 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 Packet Pg. 921 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS: 38601320106, 38601280000,38601360001.00209681000 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 E 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 E change to the total acreage referenced in Exhibit "A," unless the difference in E acreage revealed by survey exceeds 5% of the overall acreage. If the survey U provided by Seller or obtained by Purchaser, as certified by a registered L 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 Q 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 a 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 J encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within N seven (7) days after expiration of said sixty (60) day period, may accept the r Property as it then is, waiving any objection to the encroachment, or projection, E or lack of legal access, or Purchaser may terminate the Agreement. A failure 4) by Purchaser to give such written notice of termination within the time period a, provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. s L V. INSPECTION PERIOD a 5.01 Purchaser shall have one hundred twenty (120) days from the date of this L Agreement, ("Inspection Period"), to determine through appropriate investigation 0° that: m 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 a development of the Property. Packet Pg. 922 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS: 38601320106, 38601280000,38601360001,00209681000 3. The Property environmental laws contamination. is in compliance with all applicable State and Federal and the Property is free from any pollution or 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. 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. a Packet Pg. 923 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS: 38601320106, 38601280000,38601360001,00209681000 IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and 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 a+ a 6 Packet Pg. 924 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS: 38601320106, 38601280000,38601360001,00209681000 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. 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 Packet Pg. 925 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS: 38601320106, 38601280000,38601360001,00209681000 Property, and there management, leasing, Property. are no maintenance, construction, advertising, employment, service, or other contracts affecting the 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 8 Packet Pg. 926 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS, 38601320106, 38601280000.38601360001,00209681000 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. 10.025 Purchaser agrees to restrict public access in perpetuity, so as to preserve the Property as an undisturbed sanctuary for pre -migration roosting of Swallow -Tailed Kites. 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 a Conservation Collier Program a Collier County Parks and Recreation Division Public Services Department J Golden Gate Community Park N 3300 Santa Barbara Blvd. o Naples, Florida 34116 c With a copy to: Attn: Deborah K. Goodaker 0 Collier County Real Property Management a, 3335 Tamiami Trail East, Suite 102 a Naples, Florida 34112 a� Telephone number: 239-252-8922 L Fax number: 239-252-8876 a If to Seller: Mr. Richard D. Brewer L 0- 2871 41h St NE 00 Naples, FL 334120 m Telephone number: 239-398-7744 > w c E 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 a 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 Packet Pg. 927 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS- 38601320106, 38601280000,38601360001,00209681000 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 E Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. a aD 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. ILL 3 13.05 All terms and words used in this Agreement, regardless of the number and L gender in which used, shall be deemed to include any other gender or number as °0 the context or the use thereof may require. o0 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 s 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 a to such provision or a waiver as to any other provision. Packet Pg. 928 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS: 38601320106, 38601280000,38601360001,00209681000 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 1 RICK LOCASTRO, Chairman Q Packet Pg. 929 28.A.6 CONSERVATION COLLIER TAX 10 NUMBERS 38601320106 38601280000.38601360001 00209681000 AS TO -SELLER - DATED: V u 14 1 - WITNESSES (Witness Signature) `7 - (Print Witness Namei mitness Sign ure) Y M Rm 1 (Print Witness Name) Approved as to form and legality Ronald T Tomasko, Assistant County Attorney sy. +✓ -� RICHARD D. BREWER .P� SELLER Packet Pg. 930 28.A.6 CONSERVATION COLLIER TAX ID NUMBERS, 38601320106. 38601280000.38601360001,00209681000 EXHIBIT "A" TO BREWER AGREEMENT FOR SALE AND PURCHASE Parcel No. 38601320106, as set forth in OR 5902 PG 3212, and restated below: THE SOUTH '/z OF TRACT 13, GOLDEN GATE ESTATES UNIT NO 38 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 90 AND 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Parcel No. 38601280000, as set forth in OR 5543 PG 2563, and restated below: THE NORTH 180 FEET OF TRACT 12. GOLDEN GATE ESTATES UNIT NO 38, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 90. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. Parcel No. 38601360001, as set forth in OR 5543 PG 2561, and restated below: TRACT 14, GOLDEN GATE ESTATES UNIT NO. 38. ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 90, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. Parcel No. 00209681000, as set forth in OR 5547 PG 1919, and restated below: ALL OF THE PORTION OF SECTION 10, TOWNSHIP 48 SOUTH. RANGE 27 EAST COLLIER COUNTY, FLORIDA, LYING WEST OF GOLDEN GATE ESTATES UNIT NO 38, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 90. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 10, RUN NORTH 86' 31' 20'' EAST, ALONG THE NORTH LINE OF SAID SECTION 10. FOR 139.21 FEET TO THE NORTHWEST CORNER OF TRACT 15 OF SAID GOLDEN GATE ESTATES UNIT NO 38: THENCE SOUTH 0° 19' 10'' WEST FOR 1,319.82 FEET TO THE SOUTHWEST CORNER OF TRACT 14 OF SAID GOLDEN GATE ESTATES UNIT NO. 381 THENCE SOUTH 820 02' 00" WEST FOR 149 86 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF (N '/�) OF THE NORTH HALF (N Y�) OF SAID SECTION 10, THENCE NORTH 0° 43' 00" EAST, ALONG THE SECTION DNE FOR 1,332.21 FEET TO THE POINT OF BEGINNING Approved as to form and legality: Assistant County Attorney oli c m E t r r Q Packet Pg. 931 28.A.7 Conservation Collier Land Acquisition Program Project Design Report Date: September 2023 VanCleave Parcel — Rivers Road Preserve Property Owner: Matthew VanCleave Folios : 00218840007 Location: 2065 Rivers Rd., Naples, FL 34120 - south of Immokalee Road, adjacent to Rivers Road Preserve, Section 30, Township 48, Range 27, Collier County Size: 0.5 acres Appraisal/Offer Amount: $52,500 History of Proiect: Selected for the Selected for the Purchase offer Offer Accepted "A" category, #1 "A" category, #1 made to owner priority, on the priority, on the Active Active Acquisition List Acquisition List b CCLAAC b BCC 8/03/2022 12/13/2022 5/30/2023 6/06/2023 Purpose of Project: Environmental Conservation — Conservation Collier Program Program Oualifications: The VanCleave parcel is a 0.5-acre addition to eleven previously acquired parcels totaling 96.14 acres now known as the Rivers Road Preserve. The acquisition of the VanCleave parcel will bring the total size of the Rivers Road Preserve to 96.64 acres. The VanCleave parcel was evaluated by the Conservation Collier Land Acquisition Advisory Committee and found to fulfill program qualifications by satisfying three of six applicable screening criteria, potential for nature -based recreational and educational opportunities, presence of significant biological/ecological values, listed species habitat, connectivity and restoration potential. The VanCleave parcel contains significant exotic plant infestation, constituting 75% of the plant cover, with Brazilian pepper being the primary concern. Successful restoration of the parcel to cabbage palm hammock is anticipated. Many native species of birds, including hawks, woodpeckers and wild turkey have been observed by staff during site visits in this area. The habitat found on the VanCleave parcel would support the presence of multiple wildlife species. There is photographic evidence of the presence of Florida black bear and Florida Fish and Wildlife Conservation Commission telemetry data documenting use of the area by Florida panthers. 1 Packet Pg. 932 28.A.7 Currently, there exists a forested ecological link from Rivers Road Preserve, which would include the VanCleave parcel, northward under Immokalee Road via underpass, through a preserve area in the Twin Eagle development to Bird Rookery Swamp, Corkscrew Swamp Sanctuary and the Corkscrew Regional Ecosystem Watershed lands. To the east and directly adjoining the Rivers Road Preserve is a conservation corridor negotiated via private sector agreements between the Florida Wildlife Federation and Bonita Bay Properties, the landowner. Adjoining to the south are preserve lands belonging to the Olde Florida Golf Club. Acquisition of the VanCleave parcel would increase the size of existing contiguous conservation lands and expand private sector efforts to protect a forested corridor that is heavily used by wildlife. The parcel can be accessed through the existing Rivers Road Preserve via Rivers Road, a private unpaved road on the south side of Immokalee Road, across from the Twin Eagle Development. There are opportunities at this preserve for public recreation such as hiking, wildlife photography, bird watching, horseback riding, and environmental education for school age children. Zoning, Growth Management and Land Use Overlays: The current zoning designation is Agriculture with a Mobile Home Overlay (A -MHO) and this area is designated as "receiving" lands under the Rural Fringe Mixed Use District Transfer of Development Rights Program. Projected Management Activities: Projected management activities include removal of invasive, exotic plants and evaluation of the parcel for placement of trails to increase the length of the public trail system that already exists at Rivers Road Preserve. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $5,000 $1,000 $1,000 $1,000 $500 Signage $200 Total $5,200 $1,000 $1,000 $1,000 $500 2 Packet Pg. 933 28.A.7 0 1 Miles VAN CLEAVE, MATTHEW Rivers Road Preserve Other Conservation Areas VanCleave Property Location Map CONSHUI- ATION COLLIER Collier County Packet Pg. 934 28.A.7 0 0.05 Miles VanCleave Property Aerial Map Collier County PAR Packet Pg. 935 28.A.7 CONSERVATION COLLIER TAX 0 NUMBER: 00218840007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Matthew Van Cleave, whose address is 9622 Springlake Circle, Estero, FL 33928-6282 (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 Fifty -Two Thousand Five and Five Hundred 001100 Dollars ($52,500.00), (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 Packet Pg. 936 CONSERVATION COLLIER TAX ID NUMBER: 00218840007 28.A.7 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 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. 2 Packet Pg. 937 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00218840007 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 Packet Pg. 938 28.A.7 CONSERVATION COLLIER TAX ID NUMBER. 00218840007 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. Packet Pg. 939 28.A.7 CONSERVATION COLLIER TAX ID NUMBER, 00218840007 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. 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 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. Packet Pg. 940 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00218840007 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 Packet Pg. 941 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00218840007 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 Packet Pg. 942 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00218840007 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. Packet Pg. 943 28.A.7 CONSERVATION COLLIER TAX ID NUMBER: 00218840007 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: Matthew Van Cleave 9622 Springlake Circle Estero, Florida 33928-6282 Telephone number: 312-699-7777 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. Packet Pg. 944 28.A.7 CONSERVATION COLLIER TAX ID NUMBER 00718840007 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. Packet Pg. 945 CONSERVATION COLLIER TAX ID NUMBER: 00218840007 28.A.7 13.08 Seiler 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. 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: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA in , Deputy Clerk RICK LOCASTRO, Chairman Packet Pg. 946 28.A.7 CONSERVATION COLLIER TAX ID NUMBER. 00218840007 AS TO SELLER: DATED:_ L WITNESSES: dness Signature) (Print Witness Name) 7;:fr4n L�L& (W Hess Signature) Lisa wh�-}� (Print WRness Name) Approved as to form and legality: Ronald T Tomasko, Assistant County Attorney i MATTHEW VAN CLEAVE SELLER w Q Packet Pg. 947 28.A.7 M N O N t0 L r Q V/ 0 U 0 Q c 0 2 a v Q c c� J a Packet Pg. 948 CONSERVATION COLLIER TAX ID NUMBER: 00218640007 28.A.7 EXHIBIT "A" TO VAN CLEAVE LEGAL DESCRIPTION for Parcel No 00218840007, as set forth in OR 3316 PG 3034 of the official records of Collier County, Florida, and restated below: THE SOUTH 165 FEET OF THE EAST 132 FEET OF THE NORTH '/2 OF THE NORTHEAST % OF THE SOUTHWEST % OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Approved as to form and legality: Assistant County Attorney G:\Van Cleave\Legal Description Packet Pg. 949 28.A.8 Conservation Collier Land Acquisition Program Project Design Report Date: July 2023 English Trust parcel Property Owner: John Edwin English, as Trustee of the John Edwin English Trust Folios : 00053560005 Location: East of and adjacent to Pepper Ranch Preserve; south and east of Trafford Oaks Road Immokalee, FL; Section 34, Township 46, Range 28, Collier County Size: 59.01 acres Purchase Price: $463,500 History of Proiect: Received Selected for the Selected for the Purchase offer Offer Accepted application "A" category, #1 "A" category, #1 made to owners priority, on the priority, on the Active Active Acquisition List Acquisition List b CCLAAC b BCC 7/31/2022 12/07/2022 2/28/2023 07/03/2023 07/07/2023 Purpose of Project: Environmental Conservation — Conservation Collier Program Program Oualications: The English Trust parcel is a 59.01-acre addition to the Pepper Ranch Preserve. The acquisition of this parcel will bring the total size of Pepper Ranch Preserve to 2,655.2 acres. The English Trust parcel was evaluated by the Conservation Collier Land Acquisition Advisory Committee and found to fulfill program qualifications by satisfying all applicable screening criteria, 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. The English Trust parcel contains hydric soils, supporting numerous species of wetland dependent plants. Three types of native vegetative communities have been identified on W the parcels using Geographical Information Systems (GIS) mapping and staff m observation: Mixed Scrub Shrub Wetland, Cabbage Palm Hammock, Mixed Wetland Hardwoods. Two listed plant species were found on the property. The parcel also contains a low exotic plant infestation, constituting approximately % of the plant cover. E z Acquisition of the English Trust parcel will offer opportunities for protection of water a resource values, including some aquifer recharge, protection of wetland dependent species habitat and flood control. Packet Pg. 950 28.A.8 Many native species of birds, including hawks, wading birds, woodpeckers and wild turkey have been observed by staff during site visits in this area. The habitat found on the English Trust parcel would support the presence of listed bird species including snowy egret, little blue heron, white ibis, tri-colored heron and wood stork. There is photographic evidence of the presence of Florida black bear and Florida Fish and Wildlife Conservation Commission telemetry data documenting use of the area by Florida panthers. The parcel can be accessed via Trafford Oaks Road, a private road on the south side of Pepper Ranch Preserve, and directly from Pepper Ranch Preserve to the west. Public parking will not be created on this parcel. There is a visitor center with public parking on the Pepper Ranch Preserve and several public parking areas throughout the preserve. The public will not be accessing this property via Trafford Oaks Road. Trails will not be created on this property. The adjacent Pepper Ranch Preserve has over 10 miles of trails nearby that are representative of the same types of habitat. The current zoning designation is Agriculture with a Mobile Home Overlay (A -MHO) and the parcel is within the Rural Lands Stewardship Area with a majority of the parcel on the north side designated as Flowway Stewardship and a small portion on the south side designated as 500 Foot Buffer. Projected Management Activities: Projected management activities include the removal of invasive exotic plants, the development of an Interim Land Management Plan within 90 days, and development of a Final Management Plan within 2 years. The following assessment addresses the initial costs of management. These are very preliminary estimates. No hydrologic changes are necessary to sustain wetland characteristics. No site improvements are recommended. The property is in good condition and will only need exotic plant removal and treatment. 2024 2025 2026 2027 2028 Exotics $11,800 $8,900 $8,900 $8,900 $5,900 Signage $200 Total $12,000 $8,900 $8,900 $8,900 $5,900 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. s a 2 Packet Pg. 951 28.A.8 T0 1 2 JOHN EDWIN ENGLISH TRUST Pepper Ranch Preserve In Ci CON 5-E-R VAT I O N CIOLLIER d t cotl y coulmy xv, u a+ a Packet Pg. 952 28.A.8 T0 0.5 CO)er County r Q Packet Pg. 953 28.A.8 CONSERVATION COLLIER - CYCLE 11 B PEPPER RANCH PRESERVE OWNER: ENGLISH TR. FOLIO: 00053560005 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JOHN EDWIN ENGLISH, as Trustee of the JOHN EDWIN ENGLISH TRUST dated June 5, 2019, whose address is 9481 Waterford Oaks Dr., Winter Haven, FL 33884 (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". 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FOUR HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED and 001100 DOLLARS ($453,500), (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 Al., P a Packet Pg. 954 28.A.8 CONSERVATION COLLIER - CYCLE 11 B PEPPER RANCH PRESERVE OWNER: ENGLISH TR_ FOLIO: 00053560005 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. Packet Pg. 955 28.A.8 CONSERVATION COLLIER - CYCLE 11 B PEPPER RANCH PRESERVE OVVNER: ENGLISH TR. FOUO: 00053560005 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 Packet Pg. 956 28.A.8 CONSERVATION COLLIER - CYCLE 118 PEPPER RANCH PRESERVE OWNER: ENGLISH TR_ FOLIO: 00053560005 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 Seiler 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. Packet Pg. 957 28.A.8 CONSERVATION COLLIER - CYCLE 91 B PEPPER RANCH PRESERVE OWNER: ENGLISH TR. FOLIO: 00053560005 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. Vl. 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 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 Packet Pg. 958 CONSERVATION COLLIER - CYCLE 11 B PEPPER RANCH PRESERVE OWNER: ENGLISH TR. FOLIO: 00053560005 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 28.A.8 Packet Pg. 959 28.A.8 CONSERVATION COLLIER - CYCLE 11 B PEPPER RANCH PRESERVE OWNER: ENGLISH TR. FOLIO: 00053560005 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 Seller has no knowledge of 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 Packet Pg. 960 28.A.8 CONSERVATION COLLIER - CYCLE 118 PEPPER RANCH PRESERVE OWNER: ENGLISH TR. FOLIO: 00053560005 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. Packet Pg. 961 28.A.8 CONSERVATION COLLIER - CYCLE 11 S PEPPER RANCH PRESERVE OWNER: ENGLISH TR_ FOLIO: 00053560005 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: 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: Jennifer Myers John Edwin English Trust 9481 Watrford Oaks Dr. Winter Haven, FL 33884 Telephone number: (863) 287-8818 E-mail: imyers43@rne.com 11.02 The addresses and numbers for the purpose of this Article may be changed by a either party by giving written notice of such change to the other party in the L 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 w effect for all purposes. M m r Q Packet Pg. 962 28.A.8 CONSERVATION COLLIER - CYCLE 11 B PEPPER RANCH PRESERVE OWNER: ENGLISH TR. FOLIO 0005356000E X11. 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 w writing signed by the party against whom it is asserted, and any waiver of any M provision of this Agreement shall be applicable only to the specific instance to m 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. E 1107 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the a next succeeding business day. Packet Pg. 963 28.A.8 CONSERVATION COLLIER - CYCLE 11 B PEPPER RANCH PRESERVE OWNER: ENGLISH TR. FOLIO: 00053560005 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: S TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA No RICK LOCASTRO, Chairman [SIGNATURE(S)APPEAR ON THE FOLLOWING PAGE] Packet Pg. 964 CONSERVATION COLLIER —CYCLE 11S PEPPER RANCH PRESERVE OWNER: ENGLISH TR. FOLIO: 00053560005 AS TO SELLER: DATED: WITNESSES: LID, (Signature) Print Witness Name) �Ll kaj (Signat re) 1 d J I C.t lit- (Print Witness Name) Approved as to form and legality; Ronald T_ Tomasko, Assistant County Attorney JOHN EDWIN ENGLISH TRUST dated June 5, 2019 �JIOHN EDWIN ENGLISH, T stee 28.A.8 r Q i I Packet Pg. 965 28.A.8 CONSERVATION COLLIER -CYCLE 119 PEPPER RANCH PRESERVE OWNER: ENGLISH TR, FOLIO: 00053560005 EXHIBIT "A" The South 300 feet of the North 600.00 feet of the West 660.00 feet of the South 4019.00 feet of Section 34, Township 46 South, Range 28 East, Collier County, Florida. The East 30.00 feet reserved for a roadway easement. AND the South 300 feet of the North 600.00 feet of the East 2550.00 feet of the South 4019.00 feet of the West 3210.00 feet of Section 34. Township 46 South, Range 28 East, Collier County, Florida. The West 30.00 feet reserved for a roadway easement. AN❑ the North 594 feet of the South 3419 feet of Section 34, Township 46 South, Range 28 East, Collier County Florida, lying Westerly of Lake Trafford; the Easterly 60 feet of the Westerly 690 feet reserved for road right-of-way, LESS THE FOLLOWING DESCRIBED PARCEL: The East 480.00 feet of the West 1140.00 feet of the North 544.00 feet of the South 3369.00 feet of Section 34, Township 46 South, Range 28 East, Collier County, Florida, Tying Westerly of Lake Trafford; the West 30 feet and the South 60 feet reserved for road right-of-way easement. Subject to and reserving an easement for ingress, egress and utilities to J. Edwin English and Betty Jo English, Husband and Wife, across the South 60' thereof. Parcel Identification Number. 00053560005 59.01 acres Packet Pg. 966 28.A.9 Conservation Collier Land Acquisition Program Project Design Report Annecy/Barfield Property Date: September 2023 Property Owner(s): Annecy Marco LLC, 201 Barfield LLC, and Barfield Hawaii LLC Folios : 57199040005, 57199000003, 57198920003, 57198960005 Location: South of and adjacent to the Publix plaza on S. Barfield Dr.; 181, 191, 201, and 221 S. Barfield Dr. Size: 2.13 acres Purchase Price: $3,140,000 History of Proiect: Selected for the "A" Selected for the Purchase Offer Offer Accepted category, #1 priority, on "A" category, Made to Owner the Active Acquisition #1 priority, on List (AAL) by CCLAAC AAL b BCC 8/03/2022 12/13/2022 5/9/23 5/11/23 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Qualifications: The Annecy/Barfield parcels contain a small amount of coastal strand, which is a rare plant community in Collier County. They also offer human social values as they are visible and accessible from S. Barfield Dr., a busy public road. Finally, the parcels contain an estimated 109 gopher tortoises, nesting burrowing owls, a breeding bald eagle pair, and nesting short - tailed hawks. Zoning, Growth Management and Land Use Overlays: The parcels are zoned C-3, Commercial Intermediate. Projected Management Activities: Management of the parcels would entail removal and maintenance of invasive, exotic vegetation; native plantings, and educational and informational signage. Treatment of Australian pines on the parcels would need to be accomplished without discouraging bald eagle nesting. Packet Pg. 967 28.A.9 Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $45,000 $30,000 $5,000 $5,000 $5,000 Native Plantings $5,000 $5,000 $1,000 $1,000 Signage $200 $9,800 $100 $100 $100 Total $45,200 $44,800 $10,100 $6,100 $6,100 SEE PAGES 3 AND 4 FOR MAPS OF THE PARCELS. 2 Packet Pg. 968 28.A.9 Il Annecy Marco LLC Otter Mound Preserve Conservation Areas 0 0.5 CONJEWATION LLIER �,oftr C�OLfHCy Packet Pg. 969 28.A.9 n 0.05 0.1 .19 Packet Pg. 970 Conservation Collier 28.A.9 Folio Numbers 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ANNECY MARCO, LLC, a Florida limited liability company, BARFIELD HAWAII, LLC, a Delaware limited liability company, 201 BARFIELD, LLC, a Delaware limited liability company, whose address mailing address is PO Box 1810, Tampa, FL 33601-1810, (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 Three Million, one Hundred Forty Thousand Dollars and 001100 dollars ($3,140,000), (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 ninety (90) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Seller's delivery to the title company of the closing documents specified in Sections 3.0111 and 3,0114 and, if agreed to by the parties, Sections 3.0112 and 3.0013, whichever is later. The [23-RPR-03644/1810141/1] Packet Pg. 971 Conservation Collier 28.A.9 Folio Number- 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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, as prepared by the title company and reasonably agreed to by Purchaser and Seller. 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 wire -transfer 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. [23-RPR-03644/1810141/1] Packet Pg. 972 Conservation Collier 28.A.9 Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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 commercially reasonable efforts to make such title good and marketable. In the event Seller does not 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 [23-RPR-03644/1810141/11 3 (GP,� ) Packet Pg. 973 28.A.9 Conservation Collier Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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. 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 sixty (60) 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 E investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection a Period, written notice of its intention to waive the applicable contingencies or to a terminate this Agreement. If Purchaser fails to notify the Seller in writing of its (CAO) (23-RPR-03644/1810141/1] 4 Packet Pg. 974 Conservation Collier 28.A.9 Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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, within seven (7) days after Seller's request, 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. To the fullest extent permitted by law, Seller and Seller's agents and employees shall not be liable for and Purchaser waives any and all claims for damages to persons and property sustained by Purchaser or Purchaser's agents, employees, assigns, licensees, concessionaires, invitees or any person claiming through such parties resulting from any accident or occurrence in or upon the Property. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, Purchaser hereby agrees to indemnify, defend and hold Seller harmless from and against any and all claims, actions, damages, liability and expenses (including attorneys' fees) in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Property, from or out of activities of, for or on behalf of Purchaser on the Property or any part thereof, or occasioned wholly or in part by an act or omission of Purchaser, its agents, contractors or employees. 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 current year taxes, and shall be paid by Seller. [23-RPR-03644/1810141/1] 5 (CA9 Packet Pg. 975 28.A.9 Conservation Collier Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and 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 [23-RPR-03644/1810141/1] rc..) Packet Pg. 976 Conservation Collier 28.A.9 Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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 to Seller's knowledge 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 that to Seller's knowledge 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 to Seller's knowledge 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 that to Seller's knowledge 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 that to Seller's knowledge 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 To Seller's knowledge there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the [23-RPR-03644/1810141/11 C:AtJ ] Packet Pg. 977 28.A.9 Conservation Collier Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property, except for a License Agreement dated May 23, 2022 granting Audubon of Western Everglades a revocable temporary, non-exclusive license to install, maintain, repair and remove fencing for the protection of gopher tortoises on the Property attached hereto as Exhibit "B" and made a part hereof by reference. License Agreement shall be assigned by Seller to Buyer at closing. 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 to Seller's knowledge 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) E 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 Q common law relating to pollution or protection of the environment which shall be f C,ao [23-RPR-03644/1810141/11 a PacketPg.978 Conservation Collier 28.A.9 Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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., ("CERCLK 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: Sonja Stephenson Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8073 Fax number: 239-252-8876 If to Seller: David Leve PO Box 1810 Tampa, FL 33601 Telephone number: 585-260-8893 With a copy to: [23-RPR-03644/1810141/1] Stefan Bolson 4500 V Ave. Sw Naples, FL 34119 Telephone number: 239-285-1332 CO) Packet Pg. 979 28.A.9 Conservation Collier Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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. A separate agreement provides that commission in the amount of five percent (5%) of the Purchase Price shall be paid at Closing from the Seller's proceeds and shown on the Closing Statement. Accordingly, the parties agree that Amerivest Realty (Stefan Bolsen, Keith Abed) is the only broker with respect this Agreement pursuant to a separate agreement between Seller and such broker. 5% 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. Notwithstanding anything to the contrary, Purchaser may not assign this Agreement. 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 E 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. a (C'AO) [23-RPR-03644/1810141/11 10 PacketPg.980 Conservation Collier 28.A.9 Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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, Seiler 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 PAGES TO FOLLOW [23-RPR-03644/1B10141/1] 11 CCA�) Packet Pg. 981 Conservation Collier 28.A.9 Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC 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 [23-RPR-03644/1810141/1] 12 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, Chairman C A 0) Packet Pg. 982 28.A.9 Conservation Collier Folio Number AS TO SELLER: DATED WITNESSES: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC G• ( nature) s � ELI (Pnnt Witness Name) (Signature) Masa mA ; I sh ivt yl,C� (Print Witness Name) WITNESSES' IS itturel iPrint Witness Nama) C Rj iSgnaturel rint witness Name) I23-RPR-03644/1810141/1) 13 ANNECY MARCO. LLC, a Florida limited liability company VB SELLER Name: Brian F Prince Title: Authorized Sig BARFIELD HAWAII, LLC, a Delaware limited liability company By: N me: Brian F. Prince ' Tit e. Authorized Signatory SELLER ('CAO Packet Pg. 983 28.A.9 Conservation Collier Folio Number WITNESSES 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC r,14Z� C ��--r-T) (S:g ure) �iY� (Print W4ness ame C-�, (S;gnat re) t Ma5ui71 1S^i)11 (Print Witness Name) Approved as to form and legality Sally A Ashkar Assistant County Attorney ��2q1 (23-RPR-C3644/1810141%lj i4 201 BARFIELD LLC a Delaware limted uability company By Name: Brian F Prince / Tile' Authorized Signatory SELLER rCAO Packet Pg. 984 28.A.9 Conservation Collier Folio Number: 57199040005 Annecy Marco LLC 57199000003 Annecy Marco LLC 57198920003 Barfield Hawaii LLC 57198960005 201 Barfield LLC EXHIBIT "A" FOLIO NUMBER(S): 57199040005 and 57199000003 ANNECY MARCO LLC: LOTS 21 AND 22, BLOCK 146, MARCO BEACH UNIT FIVE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 39 THROUGH 46, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FL, FOLIO NUMBER(S): 57198920003 BARFIELD HAWAII LLC: LOT 19, BLOCK 146, MARCO BEACH UNIT FIVE, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 39 THROUGH 46, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FL. FOLIO NUMBER(S): 57198960005 201 BARFIELD LLC: LOT 20, BLOCK 146, MARCO BEACH UNIT FIVE, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 39 THROUGH 46, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FL. [23-RPR-03644/1810141/1] 15 (CA)O Packet Pg. 985 RESOL "I"his Rcs-olutio limited liability comp liability company., 2 BARFIELD IIAW� L.COMI!snics,'}; WHEREAS, to sell the Comnanie., 28.A.10 Conservation Collier Land Acquisition Program Project Design Report Chestnut Property Date: September 2023 Property Owner(s): Diane Greene Chestnut Folio: 57802400000 Location: 660 Inlet Drive, Marco Island, FL 34145 Size: 0.53 acres Purchase Price: $627,500 History of Proiect: Selected for the "A" Selected for the Purchase Offer Offer Accepted category, #1 priority, on "A" category, Made to Owner the Active Acquisition #1 priority, on List (AAL) by CCLAAC AAL b BCC 8/03/2022 12/13/2022 5/30/23 7/05/23 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Chestnut parcel consists primarily of maritime hammock but does contain patches of coastal scrub. Both are unique and endangered plant communities within Collier County. It also offers human social values as it is visible and accessible from Inlet Dr., a public road. The parcel contains an estimated 18 gopher tortoises with potential habitat for burrowing owls and migratory bird species. Zoning, Growth Management and Land Use Overlays: The parcel is zoned RSF-3; c Residential Single Family. The highest and best use of the site would be for single-family residential consistent with the current comprehensive land use plan affecting the property v as well as zoning classification assigned to the site. Ui 00 c as E a Packet Pg. 987 28.A.10 Projected Management Activities: Management of the parcel would entail removal and maintenance of invasive, exotic vegetation and installation of educational and informational signage. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $7,500 $2,000 $2,000 $1,000 $1,000 Signage $200 $4,800 $100 $100 $100 Total $7,700 $6,800 $2,100 $1,100 $1,100 SEE PAGES 3 AND 4 FOR MAPS OF THE PARCEL. r I_ Q 2 Packet Pg. 988 28.A.10 r�V lea rFR DEVON CT H w J _Z N Cop D OLD5 CT O R �P L UDLOw RD MClLV �¢ a CA)(AM$AS Cr ADDISON CT �y m n HIGHrs Cr OSCEOLA C,Ti R! o f 0 0.425 0.85 Miles CON (o 7�Y couxty 3 0 r c acket Pg. 989 5 rA� " 1I+ ,. -VI ,��., J s ail. 9 L, Jj !L6 do 1 y 1 [ i 28.A.10 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between DIANE GREENE CHESTNUT, whose address is 12 Marco Lake Dr., Marco Island, FL 34145 (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 Six Hundred Twenty -Seven Thousand Five Hundred Dollars and 001100 ($627,500) (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 1 Packet Pg. 991 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 28.A.10 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 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. K S'1 Packet Pg. 992 28.A.10 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 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 3 Packet Pg. 993 28.A.10 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 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. 4 Packet Pg. 994 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 28.A.10 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 Packet Pg. 995 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 28.A.10 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 0 Packet Pg. 996 28.A.10 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 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 Seller has no knowledge of 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 Packet Pg. 997 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 28.A.10 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. 11 Packet Pg. 998 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 28.A.10 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: Sonja Stephenson Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8073 Fax number: 239-252-8876 If to Seller: Diane Greene Chestnut 12 Marco Lake Dr. Marco Island, FL 34145 Telephone number: 239-285-2972 Fax number: ticNtE 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. 0 Packet Pg. 999 28.A.10 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 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. No p-eaI esjaH or b ro K'ef c'oMnniss ion orz s PctY�� o(-) ��.s sale,C�fC 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 Packet Pg. 1000 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 28.A.10 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 in 11 RICK LOCASTRO, Chairman Packet Pg. 1001 28.A.10 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 AS TO SELLER: DATED:-��..t. _ 0 a3 WITNESSES: �adlbfi2-- By(2 (Witn ignature) DIANE GREENE CHESTNUT /arq dyQfib on (Print Witness Name) SELLER (Wit e Signature) k 111�101 (Pant Witness Name) m C Approved a to orm and legality: m E t 12i14 A%tivar , assistant County Attorney Q 1� \\12 q� Packet Pg. 1002 28.A.10 CONSERVATION COLLIER TAX ID NUMBER: 57802400000 EXHIBIT "A" Lot 16, Block 305 Marco Beach Unit NINE, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 69 through 73, of the Public Records of Collier County, Florida. Packet Pg. 1003 28.A.11 Conservation Collier Land Acquisition Program Project Design Report South Terra Corp Property Date: September 2023 Property Owner(s): South Terra Corporation Folio: 58105440009 Location: 1125 Caxambas Drive Marco Island, FL 34145 Size: 0.56 acres Purchase Price: $1,620,000 History of Proiect: Selected for the "A" Selected for the Purchase Offer Offer Accepted category, #1 priority, on "A" category, Made to Owner the Active Acquisition #1 priority, on List (AAL) by CCLAAC AAL b BCC 8/03/2022 12/13/2022 5/10/23 5/12/23 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The South Terra Corp parcel contains coastal xeric oak scrub, a unique and endangered plant community within Collier County. It also offers human social values as it is visible and accessible from Caxambas Dr., a public road, and Archaeological Site 8CR107 encompasses the entire parcel. Finally, the parcel contains an estimated 29 gopher tortoises and potential habitat for burrowing owls and migratory bird species. While the parcel is not currently adjacent to conservation land, the property directly adjacent to the north, Agua Colina, is currently under consideration for purchase by the Conservation Collier Program. If acquired, together these parcels would total 1.19 acres of protected land. Additionally, the South Terra Corp parcel provides buffering for a manmade canal leading to Caxambas Bay. Zoning, Growth Management and Land Use Overlays: The parcel is zoned RSF-3; Residential Single Family. The highest and best use of the site would be for single-family residential consistent with the current comprehensive land use plan affecting the property as well as zoning classification assigned to the site. Packet Pg. 1004 28.A.11 Projected Management Activities: Management of the parcel would entail removal and maintenance of invasive, exotic vegetation; native plantings, and educational and informational signage. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $2,000 $1,000 $1,000 $500 $500 Native Plantings $4,000 Signage $200 $4,800 $100 $100 $100 Total $2,200 $9,800 $1,100 $600 $600 SEE PAGES 3 AND 4 FOR MAPS OF THE PARCEL. 2 Packet Pg. 1005 28.A.11 m 0�S �3 0 z. pR, ADDI ON CT � rn m `z rn v .I INLET OR 0 0.4 0.8 Miles SOUTH TERRACORP otw mound Preserve Managed Conservation Areas Conservation Areas CON5LRY TION C'PLLIER C:�1 Arta nLgr � 3 Packet Pg. 1006 I 0.0125 0.025 Miles M I Packet Pg. 1007 28.A.11 Conserva!ion Collier Folio Number. 58105440009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between SOUTH TERRA CORPORATION, a FLORIDA CORPORATION, whose mailing address is 511 Washington St., PO 277, Norwood, MA 02062, (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, Seiler 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 One Million, Six Hundred Twenty Thousand Dollars and 001100 dollars ($1,620,000), (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 Packet Pg. 1008 28.A.11 Conservation Collier Folio Number: 58105440009 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. Packet Pg. 1009 28.A.11 Conservation Collier Folio Number: 58105440009 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 epense, 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 i� Packet Pg. 1010 28.A.11 Conservation Collier Folio Number: 58105440009 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. Packet Pg. 1011 28.A.11 Conservation Collier Folio Number: 58105440009 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. 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. Packet Pg. 1012 28.A.11 Conservation Collier Folio Number: 58105440009 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 person or entity any rights with respect to the Property or any part thereof, Packet Pg. 1013 28.A.11 Conservation Collier Folio Number: 58105440009 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. Seiler 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 Packet Pg. 1014 28.A.11 Conservation Collier Folio Number: 58105440009 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. Packet Pg. 1015 28.A.11 Conservation Collier Folio Number: 58105440009 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: Sonja Stephenson Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8073 Fax number: 239-252-8876 If to Seller: Joanne Delapa 280 South Collier Blvd. Unit 2203 Marco island, FL 34145-4869 Telephone number: 239-642-6255 With a copy to: Edward Olah P,&_Ej9x :7_a.54._ PO Box 551 Ft-4 yef9-.FL- 3914 Naples, FI. 34106 Telephone number: 239-682-6322 �',l% Fax: 239-866-390-4787 t `' 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. Packet Pg. 1016 28.A.11 Conservation Collier Folio Number: 58105440009 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. Packet Pg. 1017 28.A.11 Conservation Collier Folio Number: 58105440009 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 Nm RICK LOCASTRO, Chairman 1 Packet Pg. 1018 28.A.11 Conservation Collier Folio Number: 58105440009 AS TO SELLER: DATED: 0/J 4-3 WITNES,SE (Signature (Print Witness Name) `7 J (Sig ature) (Print Witness Name) Approved as to form and legality: Ronald T, Tomasko, Assistant County Attorney BY: L� ���-!fix-i✓Gizr�` SELLE Name: JOANNE C. DELAPA Title: PRESIDENT, SOUTH TERRA CORPORATION BY EDWARD L. OLAH, HER ATTORNEY IN FACT M N O N O a� a) Q tv Cn E 0 U 0 A a c 0 +. A t= a c cC J O N O O N Packet Pg. 1019 28.A.11 Conservation Cotner Folio Number: 58105440009 EXHIBIT "A" LOT 2, BLOCK 403, MARCO BEACH UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 92-99 OF THE PUBLIC RECORDS OF COLLIER COUNTY 13 Packet Pg. 1020 INSTR 6412879 OR 6255 PG 1402 E-RECORDED 6/6/2023 2:00 PM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 28.A.11 This instrument prepared by and please return to: Paul P. Pacchiana, Esq. 5621 Strand Blvd, Suite 210 Naples, Florida 34110-7303 239-596-0777 Property Appraiser's Parcel ID# 58105440009 i' REAL ESTATE SPECIFIC DURABLE POWER OF ATTORNEY f (Per Fla.Stat. §709.2101, et seq.) KNOW ALL MENBY"rI ESE PRESENTS: That, JOANNE C. DELAPA, as President of SOUTH TERRA CORPORA`TIOrN..-a Florida corporation, Principal, has made, constituted and appointed, and by these preses 0, make, constitute and appoint EDWARD L. OLAH, whose mailing address is 63 Thorncrest ,Naples, FL 34113, as true and lawful attorney for myself and in my name, place and stead?.S�'&E WARD L. OLAH shall exercise all authority as my attorney in fact as provided in §709.21 ets � Florida Statutes. The attorney in fact herein named is granted the authority to sell, to cony& -to auttain, or to dispose of, the following described pertyro , ` p and to execute any and all dace�t$' ecessary to effectuate the sale and/or conveyance, and to maintain, and to dispose of, the fb,)16w�g.described real property, to wit: Lot 2, Block 403, Marco Beach Unit 13, accord n , "the Plat thereof, recorded in Plat Book 6, Pages 92-99, of the Pd6l"egords of Collier County, Florida., Also known as 1125 Caxambas Drive, Marco Island, FL and such documents shall include, but not be limited to, contracts, deids, 'affidavits, bills of sale, closing statements, and such other instruments as may be required to carry but a purposes herein expressed, and the Principal named herein hereby gives and grants unto, salid,attorney, full power and authority to do and perform all and every act and thing whatsoever quisite and necessary to be done in and about the premises as fully, to all intents and purposes, as the Principal might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue hereof. This Durable Power of Attorney is not affected by subsequent incapacity of the Principal except as provided in §709.2101, et seq., Florida Statutes. a Page 1 of 2 Packet Pg. 1021 *** OR 6255 PG 1403 *** 28.A.11 IN WITNESS WHEREOF, JOANNE C. DELAPA, as President of SOUTH TERRA CORPORATION, has hereunto set his hand and seal this ?day of {��{ � �, , 2023 Signed and sealed in the presence of (First Witness) Printed or tvnedt 0 iviG S STATE OF COUNTY OF The foregoing instrument was, a�Gkino presence or [ ] online notarization, DELAPA, as President of SOUTH me or U who produced (seal) JO C. DELAPA, as President of SOUTH TERRA CORPORATION ,ed before me. by means of p(j physical iy of 'J�a 1�, , 2023, by JOANNE C. PQRATION, Vj who is personally known to identification. y��Qixc ion Expires: SrMMAN r Public c� M-Machu..". wren Lxm,es 25, 2030 M N O N co L E d 0. aD Cn CD as E E 0 U O N a c 0 a c 0 J co N co to N Page 2 of 2 Packet Pg. 1022 28.A.11 RESOLUTION 23-18 RESOLUTION OF THE CITY OF MARCO ISLAND, FLORIDA APPROVING COLLIER COUNTY'S ACQUISITION OF EIGHT PARCELS OF LAND TOTALING 4.35 ACRES LOCATED WITHIN THE CITY OF MARCO ISLAND UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier Countyhas established the Conservation Collier Land Acquisition Program pursuant to County Ordinance No. 2002-63, as amended, for the purpose of acquiring, protecting and managing environmentally sensitive land; and WHEREAS, Ordinance No. 2002-63, as amended, conditions that, "Prior to acquiring land located within a municipality's boundaries, approval must first be obtained from the governing body of that municipality"; and WHEREAS, the City of Marco Island has been advised that the following parcels of land located within the City of Marco Island have met program screening criteria and are under consideration by the Collier County Board of County Commissioners for purchase through the Conservation Collier Land Acquisition Program: a 0.66-acre parcel located at 181 South Barfield Drive owned by Annecy Marco LLC; a 0.54-acre parcel located at 191 South Barfield Drive owned by Annecy Marco LLC; a 0.38-acre parcel located at 201 South Barfield Drive owned by 201 Barfield LLC; a 0.55-acre parcel located at 221 South Barfield Drive owned by Barfield Hawaii LLC; a 0.53-acre parcel located at 660 Inlet Drive owned by Diane Chestnut; a 0.50-acre parcel located at 841 Scott Drive owned by S & B Properties LLC; a 0.63-acre parcel located at 1929 Indian Hill Street owned by Agua Colina LLC; and a 0.56 acre parcel located at 1125 Caxambas Drive owned by South Terra Corp ; and WHEREAS, the Marco Island City Council and the citizens of Marco Island are supportive of efforts to acquire property for conservation purposes; and WHEREAS, the Marco Island City Council endorses this acquisition effort with the understanding that the owners thereof are willing participants in any subsequent land transactions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARCO ISLAND, FLORIDA, that: Section 1. The above recitals are true and correct and incorporated herein. Section 2. City Council hereby approves Collier County's acquisition of the above eight parcels of land totaling 4.35 acres pursuant to the Conservation Collier Land Acquisition Program with the understanding that the property owners thereof are willing participants in any subsequent land transactions. Packet Pg. 1023 28.A.11 Section 3. The appropriate City officials are authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARCO ISLAND, FLORIDA, THIS 81" day of May 2023. ATTEST: Lina Upham, D uty City Clerk A= to f m nd legal sufficiency: 4- tll� — Alan L. Gabriel, City Attorney 2 CITY Cie,MAR &1 DXFL RIDA By:,, Gregory Folly, Chairman Packet Pg. 1024 28.A.12 Conservation Collier Land Acquisition Program Project Design Report Dibala Wood Trust Property Date: September 2023 Property Owner: Dibala Wood Trust Folios : 41510480001, 41561040005, 41561080007 Location: GOLDEN GATE EST UNIT 91 TR 112 & UNIT 91A TR 136 & TR 137 Size: 18.28 acres Purchase Price: $261,300 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 12/07/22 2/28/2023 6/14/2023 7/03/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: These parcels are within the Dr. Robert H. Gore III Preserve multi -parcel project boundary. The Dibala Wood Trust parcels were considered due to their proximity to an existing Conservation Collier preserve. The Dr. Robert H. Gore III Preserve 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 offer access from 40t' Ave SE off Desoto Blvd — a paved public road. The parcels 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 c` The parcels have many wetland dependent plant species and contain karst topography, which is a r_� wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcels 0° provide minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. c as E z Packet Pg. 1025 28.A.12 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Dibala Wood Trust 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 $9,200 $7,300 $7,300 $7,300 $4,600 Signage $200 Total $9,400 $71300 $7,300 $7,300 $4,600 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 q s c as E z r a Packet Pg. 1026 28.A.12 DIBALA WOOD TRUST Property Owner Accepter{ Offer Dr, Robert W, Gore III Preserve A -List Parcel Dr. Robert Gore III Preserve m CON ATION LLIER Coftev County as E a Packet Pg. 1027 28.A.12 4 c m E t r r Q Packet Pg. 1028 28.A.12 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between PATRICK JOHN DIBALA and NANCY GLORIA WOOD, as Co -Trustees of the DIBALA WOOD TRUST, U/T/A dated June 5, 2017, whose address is 52959 McKenzie Highway, Blue River, Oregon 97413 (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, 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be TWO HUNDRED SIXTY-ONE THOUSAND THREE HUNDRED and 00/100 DOLLARS ($261,300.00), (U.S. Currency) payable at time of closing. CLOSING c ti 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 a by the parties in connection with the Closing shall be as follows: Packet Pg. 1029 28.A.12 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 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 o at Closing in accordance with Article III hereof, shall be subject to L adjustment for prorations as hereinafter set forth. o ti ali 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 a Purchaser. The cost of the title commitment shall also be paid by Purchaser. Packet Pg. 1030 28.A.12 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 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 m 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 w 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 a provided by Seller or obtained by Purchaser, as certified by a registered C Florida surveyor, shows: (a) an encroachment onto the property; or (b) t Packet Pg. 1031 improvement located on the Property projects onto lands of others, or 28.A.12 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 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. r Packet Pg. 1032 28.A.12 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 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 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: c ti 1011 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, E threatened or contemplated bankruptcy proceeding. M Q �O Packet Pg. 1033 28.A.12 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001. 41561080007. 41561040005 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 o 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 o the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in o 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 a 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 s landfill. Packet Pg. 1034 28.A.12 CONSERVATION COLLIER — CYCLE 118 — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 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 a a� Property to change from its existing state on the effective date of this it 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 a 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 o ordinances or laws governing same. Seller also agrees to notify Purchaser x promptly of any change in the facts contained in the foregoing representations 1` and of any notice or proposed change in the zoning, or any other action or o notice, that may be proposed or promulgated by any third parties or any W governmental authorities having jurisdiction of the development of the property o which may restrict or change any other condition of the Property. m 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. a Packet Pg. 1035 CONSERVATION COLLIER —CYCLE 11 B —GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 28.A.12 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 If to Seller: Patrick John Dibala and Nancy Gloria Wood 52959 McKenzie Hwy Blue River, OR 97413 Telephone number: E-mail: ctipatrick(a�yahoo.com F. c a� E a z Packet Pg. 1036 28.A.12 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 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 o gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. o 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. �a U Packet Pg. 1037 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 28.A.12 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 BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA , Deputy Clerk RICK LOCASTRO, Chairman 0 41 a� E U Q [SIGNATURE APPEARS ON THE FOLLOWING PAGE] Packet Pg. 1038 28.A.12 CONSERVATION COLLIER —CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 41561080007, 41561040005 AS TO SELLER: DATED: a Llu,2- WITNESSES: (Signature) < J Mr ke"r V_ A fx (Print Witness N ) (Signature) �a r�e r aft kRr nt Witness Name _ V\ev- (Print Witness Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorne 1� 2,k 3 DIBALA OOD TRUST, U/T/A dated June 017 By: PATRIC JOHN DIBALA, Co -Trustee DIBALA WOOD TRUST, U/T/A dated June 5, 2017 BY: A Y LORIA WOOD, Co -Trustee C�`t 1j'_DL If i c m M M a U Packet Pg. 1039 CONSERVATION COLLIER — CYCLE 11 B — GORE PRESERVE FOLIO Nos.: 41510480001, 4156108000T 41561040005 28.A.12 EXHIBIT "A" Folio 41510480001 East 180 feet of Tract No. 112, GOLDEN GATE ESTATES, Unit No. 91, according to the map or plat thereof recorded in Plat Book 5, Page30, Public records of Collier County, Florida. 2.73 acres Folio 41561040005 All of Tract 136, GOLDEN GATE ESTATES, UNIT 91A, according to the plate thereof, recorded in Plat Book 9, Page 9, of the Public Records of Collier County, Florida. 7.19 acres Folio 41561080007 Tract 137, GOLDEN GATE ESTATES, Unit 91A, according to the plat thereof, recorded in Plat Book 9, Page 9, in the Public Records of Collier County, Florida. 8.36 acres 0 i Packet Pg. 1040 28.A.12 Conservation Collier Land Acquisition Program Project Design Report Perez Castro Property Date: September 2023 Property Owner: Pedro Perez Castro Folios : 41560600006 Location: GOLDEN GATE EST UNIT 91A S 75FT OF N 18OFT OF TR 129 Size: 1.17 acres Purchase Price: $27,600 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 6/7/2023 Purpose of Project: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is within the Dr. Robert H. Gore III Preserve project area. The Perez Castro parcel was considered due to its proximity to an existing Conservation Collier preserve. The Perez Castro 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 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 L 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 m 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. a) E z r 1 a Packet Pg. 1041 28.A.12 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Perez Castro 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. 2 q s c as E z r a Packet Pg. 1042 28.A.12 CASTRO, PEDRG JUAN PEREZ Property Owner Accepted Offer Dr. Robert H. Gore III Preserve A -List Parcel Dr. Robert Gore III Preserve m CON ATION LEIER cov County as E a Packet Pg. 1043 28.A.12 ® PEREZ CASTRO, PEDRO JUAN Property Owner Accepted Offer CEi2i�ATION h C " ER m Cotter Co..ty 9 ; c m E u r r 4 a Packet Pg. 1044 28.A.12 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - PEREZ TAX ID NUMBER41560600005 F=116101��ya 0 =W-11\ : 01:01 WI&I14 THIS AGREEMENT is made and entered into by and between PEDRO JUAN PEREZ CASTRO, whose address is 4344 2211 Ave. SE, 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- SEVEN THOUSAND SIX HUNDRED and 001100 DOLLARS ($27,600), (U.S Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR o "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 Q Packet Pg. 1045 28.A.12 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE - PEREZ TAX ID NUMBER: 41560600006 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. 10114 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. Packet Pg. 1046 28.A.12 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE -PEREZ TAX ID NUMBER 41560600006 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 Sellers 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 t0 give such Packet Pg. 1047 28.A.12 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE -PEREZ TAX ID NUMBER. 41560600006 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 legai 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 o without any abnormal demucking, soil stabilization or foundations. W 2. There are no abnormal drainage or environmental requirements to the o development of the Property. ti 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. a E r Q Packet Pg. 1048 28.A.12 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE -PEREZ TAX ID NUMBER: 41560600006 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 Seiler 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. Vlil. 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 m 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 E the right to seek and enforce all rights and remedies available at law or in equity to w r Q Packet Pg. 1049 28.A.12 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE -PEREZ TAX ID NUMBER: 41560600006 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 m acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in E force and effect, Seller shall not encumber or convey any portion of the r r Q Packet Pg. 1050 28.A.12 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE -PEREZ TAX ID NUMBER 41560500006 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. Seiler 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 Seller has no knowledge of 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. m 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 E moratoriums, administrative or other proceedings or governmental �a r r Q Packet Pg. 1051 28.A.12 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - PEREZ TAX ID NUMBER. 41560600006 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 re#sting 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 m Agreement and the date of Closing shall be Seller's sole risk and expense. w c E r a Packet Pg. 1052 28.A.12 CONSERVATION COLLIER — CYCLE 11A GORE PRESERVE - PEREZ TAX ID NUMBER 41560600006 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: Pedro Juan Perez Castro 4344 22"d Ave. SE Naples, FL 34117 Telephone number: (239) 691-5703 E-mail: Pjtrucking20l7@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 fast 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 Packet Pg. 1053 28.A.12 CONSERVATION COLLIER --CYCLE 11A GORE PRESERVE -PEREZ TAX ID NUMBER: 41560600006 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 wards 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. m 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, a r r a Packet Pg. 1054 28.A.12 CONSERVATION COLLIER -CYCLE 11A GORE PRESERVE -PEREZ TAX ID NUMBER: 41560600006 F€orida 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 IN , Deputy Clerk RICK LOCASTRO, Chairman [SIGNATURE APPEARS ON THE FOLLOWING PAGE] Packet Pg. 1055 28.A.12 CONSERVATION COLLIER — CYCLE 11A GORE PRESERVE-PEREZ TAX ID NUMBER: 41560600006 AS TO SELLER: DATED: -7J1 �- 2Z WITNESSES: Wimp wnzda I, �u IN"" (Print Witness Name) 'Sw,� ature) (itness Nam ) Appr to orm d legalit R nald T. Tomasko, Assistant County Attorney By "-- jijt PEDRO JUANJOEREZ CASTRO Packet Pg. 1056 28.A.12 CONSERVATION COLLIER - CYCLE 11A GORE PRESERVE - PEREZ TAX ID NUMBER 41560800006 EXHIBIT "A" The South 75 feet of the North 180 feet of Tract 129, GOLDEN GATE ESTATES Unit No. 91-A, according to the plat thereof recorded in Plat Book 9, Page 9, of the Public Records of Collier County, Florida. AKA: DeSoto Blvd. S., Naples, FL 34117 1 17 acres 0 i Packet Pg. 1057 28.A.13 Conservation Collier Land Acquisition Program Project Design Report Hackmann Trust Property Date: September 2023 Property Owner: Charles W. and Mary L. Hackmann Trust Folios : 38843560009 Location: GOLDEN GATE EST UNIT 42 E 18OFT OF TR 46 Size: 2.73 acres Purchase Price: $63,000 History of Proiect: Selected for the "A" Selected for Original Original Updated Updated category, #1 priority, the "A" purchase purchase purchase offer purchase offer on the Active category, #1 offer made offer made to accepted Acquisition List priority, on to owners accepted owners AAL by CCLAAC AAL b BCC 12/9/22 1/25/2022 6/22/2022 11/15/2022 6/16/2023 6/16/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southwestern section of the Horsepen Strand southwest of Panther Walk Preserve. The Hackmann Trust parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. This parcel offers access from 60th 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. 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 including Florida panthers that have been documented within the strand. Cq This parcel, when joined with many others, can protect the flow of both wildlife and water through m the Horsepen Strand. c as E r a Packet Pg. 1058 28.A.13 Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $819 $546 $546 $546 $410 Signage $200 Total $1,019 $546 $546 $546 $410 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 r a Packet Pg. 1059 28.A.13 I 0 1 2 Miles Q HACKMANN TR, CHARLES W Offer Accepted Panther Walk Preserve A -list Parcel Panther Walk Preserve 00 m CON%111 ATION ; C LLIER t+ Co " COU14ty E 'Oki r a Packet Pg. 1060 28.A.13 0 0.15 Miles c as E u a r r a Packet Pg. 1061 28.A.13 CONSERVATION COLLIER TAX ID NUMBER 38843560009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARY L. HACKMANN, AS TRUSTEE OF THE CHARLES W. HACKMANN AND MARY L. HACKMANN REVOCABLE LIVING TRUST AGREEMENT, DATED JUNE 7, 1990, whose address is 367 Pear Tree Road, Troy, MO 63379-3822_(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 Sixty Three Thousand Dollars and 001100 dollars ($63,000.00), (U.S. Currency) c payable at time of closing. Ii 06 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 E following execution of this Agreement by the Purchaser, or within thirty (30) days of U Purchasers receipt of all closing documents, whichever is later. The Closing shall a Packet Pg. 1062 28.A.13 CONSERVATION COLLIER TAX In NUMBER 3R843560009 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 10112 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. Packet Pg. 1063 28.A.13 CONSERVATION COLLIER TAX ID NUMBER 38843560009 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 Seiler, 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 Packet Pg. 1064 28.A.13 CONSERVATION COLLIER TAX ID NUMBER 38643560009 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 a. M without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the m 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. E 4. The Property can be utilized for its intended use and purpose in the �a Conservation Collier program. r a Packet Pg. 1065 28.A.13 CONSERVATION COLLIER TAX ID NUMBFR 38843560009 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 shaft, 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 Seiler. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements 00 contained herein which are to be performed by Seller, within ten (10) days of 00 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 E a contract vendee, including the right to seek specific performance of this Agreement. a Packet Pg. 1066 28.A.13 CONSERVATION COLLIER TAX ID NUMBER 38843560009 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 Packet Pg. 1067 28.A.13 CONSERVATION COWER TAX !D NUMBER 38843560009 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 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 Seiler 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 Packet Pg. 1068 28.A.13 CONSERVATION COLLIER 7AX ID NUMBER 38843560009 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., (TERCLA" 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. Packet Pg. 1069 i.. 28.A.13 CONSERVATION COLLIER TAX In NUMBER 38843560009 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: Attm Vera Ivanova. Property Acquisition Specialist I Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number 239-252-7609 Fax number 239-252-8876 If to Seller Mary L Hackmann. Trustee Charles W & Mary L Hackmann Revocable Trust 367 Pear Tree Road Troy. MO 63379-3822 Telephone number: 636-734-1630 Fax number NIA With a copy to: NIA_ 11CR .02 The addressees and numbers for the purpose of this Article may be changed by co 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 m 1= addressee and respective address stated herein shall be deemed to continue in effect for all purposes. w a Packet Pg. 1070 - An . 28.A.13 CONSERVATION COLLIER TAX ID NUMBER 38843560009 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 a, 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 a which it is related and shall not be deemed to be a continuing or future waiver as 00 to such provision or a waiver as to any other provision m 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 E next succeeding business day r r a Packet Pg. 1071 28.A.13 CONSERVATION COLLIER TAX In NMARER 39841560009 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 TO PURCHASER. ATTEST CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA - --- By. - -- --- _ - - - - Deputy Clerk Rick LoCastro, Chairman OR 00 Packet Pg. 1072 28.A.13 CONSERVATION COLLIER TAX ID NUMBER 38843560009 AS TO SELLER: DATED- WITNESSES - (Signature) 1_ , `JL�TL (Print Witness Name) Sign r (Print Witness ame) Approved as to form and legality Ronald T. Tomasko, Assistant County Attorney In Print Name: SELLER SELLER Packet Pg. 1073 28.A.14 Conservation Collier Land Acquisition Program Project Design Report Higdon Trust Property Date: September 2023 Property Owner(s): Garey D. Higdon Trust Folio: 39956120005 Location: GOLDEN GATE EST UNIT 65 W 105FT OF TR 51 Size: 1.59 acres Purchase Price: $35,820 History of Proiect: Selected for the AAL most Original Original Date of Updated "A" category, #1 recently Purchase Offer Updated Offer priority, on the approved by Offer Made Accepted Offer Accepted Active Acquisition BCC to Owners List (AAL) by CCLAAC 12/15/04 1/25/22 9/20/22 10/04/22 3/8/23 3/28/23 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Higdon Trust parcel is within the Winchester Head multi -parcel project. Winchester Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115 parcels (158.67 acres) were identified as being important for acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels which are more than half wetland. The entire project site is within North Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection Area. One important reason for the selection of Winchester Head as a conservation target is that this area functions to provide floodplain storage for surrounding home sites during high rainy season. These types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, South Florida Water Management District and are a component of flood control for the m 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 99.0 acres out of a total of E 158.67 acres, or 62% of the project area. a Packet Pg. 1074 28.A.14 Additional program criteria that would be satisfied by this acquisition include protection of surface and ground water resources, protection of wetland dependent species habitat, and good potential for restoration. This parcel is primarily cypress forest with a sparse canopy of large trees, an understory of swamp fern, royal fern, and saw grass, with a low midstory of coastal plain willow, dahoon holly, and button bush. There is a low infestation of Brazilian pepper and old-world climbing fern. A paved public road (37th Ave NE) provides access to the parcel and allows the property to be readily viewed. Zoning, Growth Management and Land Use Overlays: The Winchester Head project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Active management of the entire project area is not feasible until a significant contiguous area can be acquired. While Winchester Head as a whole is relatively free of exotic plants, ongoing control is done annually or as needed. Exotic maintenance should be minimal and will be included in the management budget for the overall Winchester Head project. Most of the project area for Winchester Head is wetlands, and trails are not feasible. A raised boardwalk would be the best public access opportunity; however, this will not be considered until sometime well into the future of the project when more parcels are acquired. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, the three roads (371h, 39th, and 41s' 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. i c a� E �a a 2 Packet Pg. 1075 28.A.14 Miles HIGDON TR, GAREY D Property Owner Accepted Offer Winchester Head Preserve Project A -List Parcel ■ Winchester Head Preserve 6 106 CON R-VATION L�'OLLIER �-• E a Packet Pg. 1076 28.A.14 Miles 0 HIGDON TR, GAREY D Property Owner Accepted Offer Winchester Head Preserve CONS-E-R ATION C LLIER � y C (:;o er County - E a Packet Pg. 1077 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUIVISM 39956120005 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between, GAREY D. HIGDON, TRUSTEE UNDER AN IRREVOCABLE GRANTOR TRUST AGREEMENT DATED AUGUST 5, 1988, whose address is P.O. Box 221769, Louisville, KY 40252. (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 Five Thousand Eight Hundred Twenty Dollars and 001100 dollars ($35,820.00), (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 days (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents whichever is 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: Packet Pg. 1078 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39956120005 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, 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, oIi 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 E Purchaser. The cost of the title commitment shall also be paid by Purchaser. M a Packet Pg. 1079 28.A.14 CONSERVATION COLLIER TAX 10ENTIFICATION NUMBER: 39956120005 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an 3 S_I Packet Pg. 1080 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39956120W5 improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the 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 fight to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. 4 Packet Pg. 1081 28.A.14 CONSERVAPON COLLIER TAX IDENTIFICATION NUMBER: 39956120005 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 Seiler. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter Into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and 5 Packet Pg. 1082 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39956120005 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 to the best of his knowledge that there are no 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 to the best of his knowledge 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 to the best of his knowledge that there are 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. u 4 Packet Pg. 1083 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 3995612CO05 10.018 Seller represents to the best of his knowledge that the Property and Seller's operations concerning the Property are not 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 Seller represents to the best of his knowledge that 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. 7 Packet Pg. 1084 28.A.14 CONSERVATION COLLIER TAX IDENDFICATION NUMBER: 39956120005 10.023 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: Sonja Stephenson Property Management Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Telephone number: 239-252- 7083 Fax number: 239-252-8876 If to Seller: Garey D. Higdon, Trustee P.O. Box 221769 Louisville, KY 40252-1769 Telephone number: 502-558-7845 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. 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 B Packet Pg. 1085 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER. 39956120005 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. Xlll. 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, 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 9 Packet Pg. 1086 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39956120005 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 M Rick LoCastro, Chairman oli 10 Packet Pg. 1087 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39956120005 Ulm 1161MAINI�:i DATED: -7 // 2/2- 3 WITNESSES: (SIgnature) F- �LtC— &A, 's` vNG— (Printed Name) � 21 (8ignature (rinted Naive) Approved as to form and legalily: Ronald T. Tornasko, Assistant County Attorney L'M 11 UREY D. HIGDON, ' IRREVOCABLE GRA AGREEMENT DATEZ 5, 1988 M N O N tD L d 4) Q. to tv tv E 0 V 0 24 a 0 a U Q _ 0 J to N to co N a E c s t�' Q Packet Pg. 1088 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39956120005 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER; 39956120005 LEGAL DESCRIPTION: GOLDEN GATE EST UNIT 65 W 105FT OF TR 51 OR 1415 PG 2183-84 1.59 acres Q 12 f-� Packet Pg. 1089 28.A.14 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 39956120005 RIDER TO AGREEMENT FOR SALE AND PURCHASE If signed by the parties, the clauses below will be incorporated into the Agreement for Sale and Purchase between GAREY D. HIGDON, TRUSTEE and COLLIER COUNTY (the "Agreement"), as if set out in full therein. The parties here to agree the Agreement is revised to provide; 1, All provisions in the Agreement that provide the Seller making any representation or any warranty, the representation and/or warranty is to the best of the Seller's actual knowledge; but such representation or warranty shall not suggest or imply that the Seller has made any investigation or any records search. 2. Except as modified or amended in this Addendum, the Agreement is ratified and confirmed in all respects. 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 BY: Rick LoCastro, Chairman Packet Pg. 1090 28.A.14 AS TO SELLER: DATED: 2- WITNESSES: (Signature) (Printed Na") (Signature) ' L ✓ l {Printed ante} APProvcd as to form and leplity Assistuttt Courtly Alturmy BY: / _ G EY D. H[GD STEE UNDER AN iRREVOCA NTOR TRUST AGREE DATED AUGUST 5,1986 Packet Pg. 1091 28.A.14 Conservation Collier Land Acquisition Program Project Design Report Wilson Trust Property Date: September 2023 Property Owner(s): Lynn and Esther Wilson Trust Folio: 39959560002 Location: GOLDEN GATE EST UNIT 65 E 105FT OF TR 79 Size: 1.59 acres Purchase Price: $39,800 History of Proiect: Selected for the "A" category, AAL most Date of Date Offer #1 priority, on the Active recently Offer Accepted Acquisition List (AAL) by approved by CCLAAC BCC 12/15/2004 1/25/2022 4/11/2023 4/28/2023 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Wilson Trust parcel is within the Winchester Head multi -parcel project. Winchester Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115 parcels (158.67 acres) were identified as being important for acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels which are more than half wetland. The entire project site is within North Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection Area. One important reason for the selection of Winchester Head as a conservation target is that, this area functions to provide floodplain storage for surrounding home sites during high rainy season. These types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, South Florida Water Management District and are a component of flood control for the area. Winchester Head has also been targeted for future watershed improvement projects m (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. E �a a Packet Pg. 1092 28.A.14 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 Packet Pg. 1093 28.A.14 Miles Q LYNN & ESTHER WILSON REV TRUST Property Owner Accepted Offer Winchester Head Preserve Project A -List Parcel i Winchester Head Preserve CON5-E*VATION m C LLIER > 1C0*1T County E a Packet Pg. 1094 28.A.14 0 LYNN & ESTHER WILSON REV TRUST Winchester Head Preserve Miles .- i I Cn CON R ATION m LLIER "r Co er County c L V Q 4 Packet Pg. 1095 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MICHELLE/GUTH- BEACH, as Trustee of the LYNN AND ESTHER WILSON REVOCABLEUST UNDER AGREEMENT DATED FEBRUARY 5T", 2007, whose address is 4925 E. Bennington Rd., Durand, MI 48429, (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- NINE THOUSAND EIGHT HUNDRED and 00/100 DOLLARS ($39,800), (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: Packet Pg. 1096 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 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, 5 at its sole cost and expense, shall pay at Closing all documentary stamp taxes due m 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. a Packet Pg. 1097 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 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 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 Packet Pg. 1098 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 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 specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Packet Pg. 1099 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 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'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 required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Packet Pg. 1100 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. Packet Pg. 1101 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 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 foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Packet Pg. 1102 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 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 If to Seller: Michelle Guth -Beach, Trustee of the Lynn and Esther Wilson Revocable Trust u/a dtd. February 5, 2007 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. Packet Pg. 1103 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal m holiday, then the date to which such reference is made shall be extended to the next succeeding business day. E 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. a Packet Pg. 1104 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 28.A.14 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 13 RICK LOCASTRO, Chairman [SIGNATURE APPEARS ON THE FOLLOWING PAGE] Packet Pg. 1105 28.A.14 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 DATED: L.91g3 v t o`I) WITNESSES: Michelle Guth -Beach, as Trustee of/The Lynn and Esther Wilson Revocabl Under Agreement Dated February 51", 2007 I La— 10� (Signature) MICHELLE GUTH-BE C , rustee el ✓Yl /Q FA-ic a, i C. (Print rtn Name) 4 (Signature) 6'M&Y%- (Print Witness Name) Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney 0 i c m E t v a r r Q Packet Pg. 1106 CONSERVATION COLLIER TAX ID NUMBER: 39959560002 28.A.14 EXHIBIT "A" The East 105 feet of the East 180 feet of Tract 79, Golden Gate Estates Unit No. 65, according to the map or plat thereof as recorded in Plat Book 5, Page 88, Public Records of Collier County, Florida. Parcel: 39959560002 1.59 acres Packet Pg. 1107 ,_Keane AVE___�_ Legend LEO @ Naples Off -Site Preservation Parcels Acquired-1 A -list Acquired CSWD Contract Donation Rural Fringe Designations DESCRITION RF-Neutral RF-Receiving 7 i RF-Sending �j y �,. �' r+�.�Y „y, �Ji f••�if� y� a•c J i .; • �, F...r r♦ .�,�t f�f. , �f� +,..1� r. .4r� �•�. r.' 1f� `" i.r rrl~� -.� rt.? �, �•+ ` �r: r- Asa rf ,l K�y?�*��, r,i.'�'•'r'�� / r r.c .� �+I= r(; .cr-'r. .1 ' _'.t � � �S 1 r , l �n'y awr•r �s r' ' +t � . ''',# � { ..rw .. }C ,srn i�i J,�•.+.'r •T�►sr'M,r`�••• +fir. .,� r, ��'�_` a "� . ���' � �• � ' aPT �a. jr 1 28.A.16 Conservation Collier Land Acquisition Program Initial Screening Criteria Form Location Description: S16, T48, R30, North and South side of Oil Well Rd. -% mile east of SR 29 Property Description Owner Address and/or Folio Acreage Wildflowerz Ranch LLC 00233280008 639.17 Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Contains Pine Flatwoods, Pine/Mesic Oak, Mixed Wetland Hardwoods, and Freshwater Marsh Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats 2. Does the property offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? Ord. 2002-63, Sec. 10 (1)(b) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The property is accessible and visible from Oil Well Rd. Trails that could be utilized for public access already �? exist within the northern portion of the property. Hiking, photography, horseback riding, fishing, and other r passive nature -based recreation are possible on the property. Hunting may also be a possible use on the property. R Q Packet Pg. 1109 28.A.16 3. Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord. 2002-63, Sec. 10 (1)(c) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The property is mapped as containing some hydric soils and mapped as contributing moderately to aquifer recharge. The property contains isolated depression marshes, and numerous wetland dependent species have been observed on -site, including several species of listed wading birds. 4. Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): Florida panther and black bear telemetry points are located on the property. Gopher tortoise, Big Cypress fox squirrel, crested caracara, and several listed wading birds — including wood stork and limpkin — have been observed on site. Deer and other wildlife in the area also use the property. The entire property is within an Area of Critical State Concern. 5. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The property is adjacent to a private conservation easement to the south, which, through other private conservation lands, connects the property to Big Cypress National Preserve. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? Yes ❑ No ❑ If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? Yes ❑ No ❑ MEETS INITIAL SCREENING CRITERIA ❑Yes ❑No The property satisfies 5 initial screening criteria U r E a Packet Pg. 1110 28.A.16 Figure 1: Wildflowerz Ranch Property Location Map L1 0 1 2 3 4 5 6 7 8 9 10 11 12 Miles - W LDFLOWERZ RANCH LLC - Conservation Collier Preserve Managed Conservation Areas - Other Conservation Lands RLSA Designation 500 FOOT BUFFER ACSC FLOWWAY - .- HABITAT WATER RETENTION CONS[fi ATION LLIEri Co ev Crnsxty Q Packet Pg. 1111 28.A.16 Figure 2: Wildflowerz Ranch Property Surrounding Lands Aerial Map WON* F �rfii ww CON III ATION LLIER CO er C JUHty Q Packet Pg. 1112 28.A.16 Figure 3: Wildflowerz Ranch Property Aerial Map �r a i _ .S _ a r/!' � �}.T•�: �A9'� R.'t" FAY � ^ K s CP br�F ® h �p✓� �fea�0. �m'�y �F 'S � �,,?i,� � is _ n♦ Sao- �� �+ Pa" '"4 'Y'� "., f �` ? a= q y �eA ��. ��e�,y� •* '> r-.bde ? 1�4q,.ti f� 1.,�."s� i�t•e,+_'sR ¢$`i°G. -Ft� e M w •.�i-,� � � � "h � + � � _ x , � OIL f r , x s (� t ♦ ,o • t k R'Q to +pit - ' /, 0 WILDFLOWERZ RANCH LLC t,. i CON .E{ ATION LLIER Co ev County r+ Q Packet Pg. 1113 28.A.16 View of property looking north off Oil Well Rd. View of property looking south off Oil Well Rd. Packet Pg. 1114 28.A.17 Conservation Collier Land Acquisition Program Initial Screening Criteria Form Location Description: RLSA — Flowway; South of Oil Well Rd. and east of Desoto Blvd. within Camp Keais Strand Property Description Owner Address and/or Folio Acreage William Winebrenner 00229280203 5 Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Parcel mapped as Cypress/Pine/Cabbage Palm, Marsh, and Mixed Scrub -Shrub Wetland. Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats 2. Does the property offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? Ord. 2002-63, Sec. 10 (1)(b) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel is not visible or accessible. E 3. Does the property offer opportunities for protection of water resource values, including aquifer recharge, CU water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord. Q 2002-63, Sec. 10 (1)(c) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel contains hydric soils and wetland vegetation communities. It holds water during the wet season and contributes minimally to aquifer recharge. Packet Pg. 1115 28.A.17 4. Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel is surrounded by undeveloped land that contains multiple Florida panther and black bear telemetry points. 5. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel is adjacent at the NW corner to a 5 acre parcel owned by Conservation Collier. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? The parcel is within the Corkscrew Regional Ecosystem Watershed Florida Forever Project Area Yes ❑ No ❑ If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? Yes ❑ No ❑ MEETS INITIAL SCREENING CRITERIA ❑Yes ❑No The property satisfies 5 initial screening criteria E a Packet Pg. 1116 28.A.17 Figure 1: Winebrenner Parcel Overview Map OIL WELL RD in WNEBRENNER, WILLIAM G - Conservation Collier Preserve Managed Conservation Areas Other Conservation Areas 2 3 4 5 6 7 Miles �I 8 9 rn N CONSER ATION LLIEri Co evC"O"y Q Packet Pg. 1117 28.A.17 Figure 2: Winebrenner Parcel Aerial Map � k' � grit vr^k ,r11 X•9` f^z_n •Ff �A• -,' F r' `s'i .fi s �'Sry ti f2?'ibis"i3,,udva't�3Y ''a f i a � � � r � ,�. .�- S t r'•t�- � �r � ° i i ,� f �� Tar � � €�" �, � x� �`� 4 07, a ` t' w� , ad� �.k f''� t-"""'F�;i-,', - 11 v Comity Packet Pg. 1118 28.A.18 Conservation Collier Land Acquisition Program Initial Screening Criteria Form Location Description: NGGE Unit 93, adjacent to Miller Canal on west side; west of Everglades Blvd. S., north of 1-75, between 401h Ave. SE and 42nd Ave. SE Property Description Owner Address and/or Folio Acreage Hendrix House, Inc. and Restoration Church, Inc. 41711000002,41770120004,41770080005 � 17.66 41770040003 Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Mapped as Mixed Scrub -Shrub Wetland and Hydric Pine Flatwoods Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats 2. Does the property offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? Ord. 2002-63, Sec. 10 (1)(b) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The property is accessible from both 401h Ave. SE and 42nd Ave. SE and it is visible from 1-75. Trails already exist within the property. Hiking, photography, horseback riding, fishing, and other passive nature -based recreation are possible on the property. U Cn Packet Pg. 1119 28.A.18 3. Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord. 2002-63, Sec. 10 (1)(c) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The property is mapped as containing primarily hydric soils, it appears to contain wetlands, and it buffers the Miller Canal. 4. Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): Florida panther and black bear telemetry points are located in the lands surrounding the property. Deer and other wildlife in the area would also use the property. 5. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The property is adjacent to private mitigation land to the west across the canal and to Picayune Strand State Forest south across 1-75. Probable that wildlife cross under 1-75 via Miller Canal. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? Yes ❑ No ❑ U Cn If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? c Yes ❑ No ❑ MEETS INITIAL SCREENING CRITERIA ❑Yes ❑No The property satisfies 5 initial screening criteria Packet Pg. 1120 28.A.18 Figure 1: Hendrix House, Inc. Property Location Map U I) 1 0 1 2 3 4 5 W HENDRIX HOUSE INC Z ® Conservation Collier Preserve Managed Conservation Areas - Other Conservation Lands Cojl7BY County CON -LR ATION LLIEfi Packet Pg. 1121 28.A.18 Figure 2: Hendrix House, Inc. Property Aerial Map 0 HENDRIX HOUSE INC �? 97 f f"f k �, qy ' � J,1A f ' i' A '� :a; a •__ 4LNIJ'AVk�r5E=e4''F'w''�, ^ #�1�°`'"�++-'i y - .....,.... _ 75.. a.�. 0.3 Miles CON It "NA Co v County Q Packet Pg. 1122 28.A.19 Conservation Collier Land Acquisition Program Initial Screening Criteria Form Location Description: Just east of Marco Island off San Marco Rd - 2031 Sheffield Ave and 2040 Dogwood Dr., Marco Island, FL 34145 Property Description Owner Address and/or Folio Acreage BEANS, ERIC 57204040000, 57204720003 0.53 Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Mapped as Mangrove Swamp and Shrub/Brushland. Western parcel Identified as Mangrove Swamp (0.22 ac.) and Mixed Hardwoods (0.03 ac.) byTurrell Hall and Associates, Inc. in Spring 2021 Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats 2. Does the property offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? Ord. 2002-63, Sec. 10 (1)(b) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The western parcel can be directly accessed along Sheffield Ave. with frontage view along Sheffield Ave Packet Pg. 1123 28.A.19 3. Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord. 2002-63, Sec. 10 (1)(c) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcels contain wetlands and provide storm surge protection. They provide little aquifer recharge. 4. Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The small upland area of the western parcel contains potential gopher tortoise habitat. The mangrove swamp areas of the parcels provide habitat for listed wading birds. However, both parcels are very small and not adjacent. 5. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcels are adjacent to land managed by Rookery Bay National Estuarine Research Reserve. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? Yes ❑ No ❑ If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? Yes ❑ No ❑ MEETS INITIAL SCREENING CRITERIA ❑Yes ❑No The property satisfies 5 initial screening criteria Packet Pg. 1124 28.A.19 Figure 1: Dogwood/Sheffield Parcels Location Map 0 1 2 3 4 5 6 Miles Dogwood/Sheffield Parcels Conservation Collier Preserve Other Conservation Areas C#NATION LLIER voffieY county Packet Pg. 1125 28.A.19 Figure 2: Dogwood/Sheffield Parcels Surrounding Lands Aerial Map 0 1 2 3 4 5 6 Miles lililimi Dogwood/Sheffield Parcels Conservation Collier Preserve CON 11 ATION c LLIEEt Co ev County Packet Pg. 1126 28.A.19 Figure 3. Dogwood/Sheffield Parcels Aerial Map 0 0.7 Miles Dogwood Dr./Sheffield Ave. Parcels MUNERA, JUAN BRIJA, RONALD D BEANS, ERIC CONWWATION LLIER Co ev County Packet Pg. 1127 28.A.19 Figure 4. Dogwood/Sheffield Surrounding Conservation Lands Map 0 0.3 Miles Other Conservation Areas Dogwood Dr./Sheffield Ave. Parcels ffek MUNERA, JUAN BRIJA, RONALD D BEANS, ERIC CON4:1A1N R Co er COumty Packet Pg. 1128 28.A.19 Figure 5: Beans' Parcels Aerial Map 0 0.05 Miles Dogwood Dr./Sheffield Ave. Parcels 0 BEANS, ERIC - In application BEANS, ERIC -Adjacent COHSE ATION C LUER CO er COuxty Packet Pg. 1129 28.A.20 Conservation Collier Land Acquisition Program Initial Screening Criteria Form Location Description: Just east of Marco Island off San Marco Rd — 2052, 2053, and 2056 Dogwood Ave. and 2061 San Marco Rd., Marco Island, FL 34145 Property Description Owner Address and/or Folio Acreage BRIJA, RONALD 57204360007, 57204920007, 57204960009, 57205040009 1.2 Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Mapped as Mangrove Swamp and Shrub/Brushland, but most likely Mangrove Swamp and Mixed Hardwoods Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats 2. Does the property offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? Ord. 2002-63, Sec. 10 (1)(b) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcels cannot be accessed or viewed from a public road and would be difficult for the public to access Packet Pg. 1130 28.A.20 3. Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord. 2002-63, Sec. 10 (1)(c) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcels contain wetlands and provide storm surge protection. They provide little aquifer recharge. 4. Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The upland areas of the parcels contain potential gopher tortoise habitat. The mangrove swamp areas of the parcels provide habitat for listed wading birds. However, parcels are small. 5. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The southern sides of the parcels are adjacent to land managed by Rookery Bay National Estuarine Research Reserve. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? Yes ❑ No ❑ If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? Yes ❑ No ❑ MEETS INITIAL SCREENING CRITERIA ❑Yes ❑No The property satisfies 4 initial screening criteria Packet Pg. 1131 28.A.20 Figure 1: Dogwood/Sheffield Parcels Location Map 0 1 2 3 4 5 6 Miles Dogwood/Sheffield Parcels Conservation Collier Preserve Other Conservation Areas COAT ATION LLIER Coiliev County Packet Pg. 1132 28.A.20 Figure 2: Dogwood/Sheffield Parcels Surrounding Lands Aerial Map T 0 1 2 3 4 5 6 7 8 Miles lililimi Dogwood/Sheffield Parcels Conservation Collier Preserve CON E - . ATI ON [t Co ev County *.&LL Packet Pg. 1133 28.A.20 Figure 3. Dogwood/Sheffield Parcels Aerial Map 0 0.7 Miles Dogwood Dr./Sheffield Ave. Parcels MUNERA, JUAN BRIJA, RONALD D BEANS, ERIC CONWWATION LLIER Co ev County Packet Pg. 1134 28.A.20 Figure 4. Dogwood/Sheffield Parcels Surrounding Conservation Lands Map 0 0.3 Miles Other Conservation Areas Dogwood Dr./Sheffield Ave. Parcels ffek MUNERA, JUAN BRIJA, RONALD D BEANS, ERIC CON4:1A1N R Co er COumty Packet Pg. 1135 28.A.20 Figure 5. Brija Parcels Aerial Map 0 0.05 Miles 11 0 9 ► C= 29 -:9 ►111 BRIJA, RONALD D 1 - Folio 57204920007 2 - Folio 57204960009 3 - Folio 57205040009 4 - Folio 57204360007 CON ATION LLIER Co er County v :i m U C a) E a Packet Pg. 1136 28.A.21 Conservation Collier Land Acquisition Program Initial Screening Criteria Form Location Description: Just east of Marco Island off San Marco Rd — 2055 Dogwood Dr., Marco Island, FL 34145 Property Description Owner Address and/or Folio Acreage MUNERA, JUAN AND KRUMM, KIRA 57204400006 0.38 Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Mangrove Swamp Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats 2. Does the property offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? Ord. 2002-63, Sec. 10 (1)(b) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel cannot be accessed or viewed from a public road and would not be accessible to the public. Packet Pg. 1137 28.A.21 3. Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord. 2002-63, Sec. 10 (1)(c) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel contains wetlands and provides storm surge protection. It provides little aquifer recharge 4. Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel provides habitat for listed wading birds. However, the parcels is small. 5. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The southern and eastern sides of the parcel are adjacent to land managed by Rookery Bay National Estuarine Research Reserve. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? Yes ❑ No ❑ If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? Yes ❑ No ❑ MEETS INITIAL SCREENING CRITERIA ❑Yes ❑No The property satisfies 4 initial screening criteria Packet Pg. 1138 28.A.21 Figure 1: Dogwood/Sheffield Parcels Location Map 0 1 2 3 4 5 6 Miles Dogwood/Sheffield Parcels Conservation Collier Preserve Other Conservation Areas COAT ATION LLIER Coiliev County a+ Q Packet Pg. 1139 28.A.21 Figure 2: Dogwood/Sheffield Parcels Surrounding Lands Aerial Map T 0 1 2 3 4 5 6 7 8 Miles lililimi Dogwood/Sheffield Parcels Conservation Collier Preserve CON E - . ATI ON [t Co ev County *.&LL Q Packet Pg. 1140 28.A.21 Figure 3. Dogwood/Sheffield Parcels Aerial Map 0 0.7 Miles Dogwood Dr./Sheffield Ave. Parcels MUNERA, JUAN BRIJA, RONALD D BEANS, ERIC CONWWATION LLIER Co ev County Packet Pg. 1141 28.A.21 Figure 4: Dogwood/Sheffield Parcels Surrounding Conservation Lands Aerial Map 0 0.3 Miles Other Conservation Areas Dogwood Dr./Sheffield Ave. Parcels ffek MUNERA, JUAN BRIJA, RONALD D BEANS, ERIC CON 4:1A1N R Co er COumty Packet Pg. 1142 28.A.21 Figure 5. Munera/Krumm Parcel Aerial Map 0 0.025 Miles MUNERA/KRUMM 0 BRIJA, RONALD D CON ATION LLIER Co er County Packet Pg. 1143 Miles BAILEY, SCOTT KENT In -Process CSWCD o Winchester Head Preserve A -list as E z w a CON ON DLLIER CoL(ier Packet Pg. 1144