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Agenda 05/14/2024 Item #11C (Sale and Purchase - Two properties under the Conservation Collier Program)05/14/2024 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with (1) the Beverly Jean Murawski Trust and Konnie Louise Schroeder and (2) the Delores C. Volpe Revocable Trust, under the Conservation Collier Land Acquisition Program, at a cost not to exceed $149,850. _____________________________________________________________________________________ OBJECTIVE: To purchase two properties for the Conservation Collier Program (“Program”), both adjacent to the North Belle Meade Preserve. CONSIDERATIONS: On October 10, 2023, Agenda Item #11B, the Board of County Commissioners (Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 12A Active Acquisition List (AAL), with changes and directed staff to actively pursue acquisitions for the Program. The Murawski Trust and Volpe Trust were approved as A-list properties on the Cycle 12A AAL. North Belle Meade Preserve: The Murawski Trust and Volpe Trust parcels can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. The North Belle Meade Preserve contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, rural Golden Gate Estates, and Gore Preserve north of I-75 with species from the Picayune Strand State Forest and Fakahatchee Strand State Preserve south of I -75 through wildlife underpasses. Both parcels fulfill program qualifications by satisfying four of six applicable screening criteria that were in effect at the time of application; the properties meet four of the eight screening criteria, as amended in Ordinance 2024-17. They contain native plant communities and historic nesting/foraging habitat for the endangered red cockaded woodpecker (RCW) and provide an ecological link to the northern range expansion goals of the RCW Recovery Plan. Panther telemetry also indicates significant utilization by the Florida panther on and around the parcels. Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise both parcels. The total cost to obtain an appraisal for each parcel was $1,700. Murawski Trust - Parcel 00344280007 - East of Richardson Way, West of Kam Luck Drive, and North of Blackburn Road and I-75 within North Belle Meade • 4.87 acres (212,137 square feet) vacant and unimproved land - rectangular in shape, fully wooded and consisting of wetlands (cypress, mixed scrub-shrub wetland, and hydric pine flatwoods). • The offer was accepted on February 2, 2024. The purchase price of $42,750 is 95% of appraised value. Volpe Trust - Parcel 00347120009 - with frontage on the East side of Richardson Way, North of Blackburn Road and I-75 within North Belle Meade • 8.5 acres (370,260 square feet) vacant and unimproved land - rectangular in shape, fully wooded and consisting of wetlands (cypress and hydric pine flatwoods). • The offer was accepted on January 9, 2024. The purchase price of $103,550 is 95% of appraised value. The CCLAAC voted unanimously to recommend Board approval of both Agreements for Purchase and Sale on March 6, 2024. The proposed acquisition of these two parcels adjacent to North Belle Meade Preserve may interfere with or obstruct the alignment of the future Wilson Benfield Road Extension. Several potential alignments for the Wilson Benfield Road Extension show a possible interference with the proposed acquisitions; however, it is not clear at this time which alignment will ultimately be chosen by the Board. Accordingly, Staff recommends that the Board also approves as a condition of the purchase of these properties the right of the County to later purchase a portion of the property for future right-of-way for the Wilson Blvd.-Benfield Road Extension, if and when needed, at the per-acre 11.C Packet Pg. 119 05/14/2024 original acquisition cost, to be paid directly to Conservation Collier. These acquisitions are consistent with the Conservation Collier Purchasing Policy, Resolution No. 2023-10, which allows staff to determine the offer amount but shall be no more than the appraised value. Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report (“PDR”) for each of the properties is provided herewith. FISCAL IMPACT: The funds for these vacant land acquisitions will be withdrawn from the Conservation Collier Trust Fund (1061). The properties identified herein are comprised of a not to exceed acquisition cost of $149,850 as follows: Seller Name Acres Appraised Value Purchase Price Closing Costs (title commitment, title policy, closing fee, recording fees) Total Purchase Price Initial 5 Yr. Maint Costs Long-term Annual Maint Costs Murawski Trust 4.87 $45,000 $42,750 $1,600 $44,350 $7,555 $730 Volpe Trust 8.5 $109,000 $103,550 $1,950 $105,500 $13,200 $1,300 TOTAL 13.37 $154,000 $146,300 $3,550 $149,850 $20,755 $2,030 As of April 9, 2024, estimated property costs for Conservation Collier properties, including these properties and those under contract, total $121,992,267. The funds for managing these two parcels will be expended from the Conservation Collier Maintenance Fund (1062). The initial costs of maintenance are provided in the attached PDRs. The total initial maintenance costs for these parcels for the first five (5) years are estimated at $20,755. After initial restoration, the estimated maintenance costs for these parcels will be approximately $2,030 annually. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - SAA RECOMMENDATION: To approve the attached Agreements and accept the Warranty Deeds once approved by the County Attorney’s Office; authorize the Chairman to execute the Agreements and any and all other County Attorney’s Office approved documents related to these transactions; and authorize the County Manager or designee to prepare related vouchers and warrants for payments and to take all reasonable steps necessary to ensure performance under the Agreements. Prepared by: Deborah Goodaker, Property Acquisition Specialist II, Real Property Management ATTACHMENT(S) 1. Murawski Trust - Agreement for Sale and Purchase (PDF) 2. [Linked] Murawski Trust Appraisal (PDF) 3. Murawski Trust PDR (PDF) 4. Volpe Trust - Agreement for Sale and Purchase (PDF) 5. [Linked] Volpe Trust Appraisal (PDF) 6. Volpe Trust PDR (PDF) 11.C Packet Pg. 120 05/14/2024 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 28325 Item Summary: Recommendation to approve an Agreement for Sale and Purchase with (1) the Beverly Jean Murawski Trust and Konnie Louise Schroeder and (2) the Delores C. Volpe Revocable Trust, under the Conservation Collier Land Acquisition Program, at a cost not to exceed $149,850. (Jaime Cook, Director, Development Review) Meeting Date: 05/14/2024 Prepared by: Title: Property Acquisition Specialist – Facilities Management Name: Deborah Goodaker 03/12/2024 1:29 PM Submitted by: Title: – Facilities Management Name: John McCormick 03/12/2024 1:29 PM Approved By: Review: Public Services Department Melissa Hennig Other Reviewer Completed 03/12/2024 1:31 PM Facilities Management Jennifer Belpedio Manager - Real Property Completed 03/12/2024 2:06 PM Facilities Management John McCormick Director - Facilities Completed 03/13/2024 8:18 AM Development Review Diane Lynch Other Reviewer Skipped 03/13/2024 11:09 AM Growth Management Community Development Department Diane Lynch Level 1 Department ReviewCompleted 03/21/2024 3:16 PM Operations & Regulatory Management Michael Stark Other Reviewer Completed 03/22/2024 11:06 AM Unknown Jaime Cook Other Reviewer Completed 04/30/2024 11:34 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/30/2024 4:31 PM Growth Management Community Development Department James C French Growth Management Completed 05/05/2024 12:44 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/06/2024 9:12 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/06/2024 9:42 AM Office of Management and Budget Laura Zautcke Other Reviewer Completed 05/07/2024 9:59 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/08/2024 10:49 AM Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM 11.C Packet Pg. 121 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between RORY S. KING, Trustee of the Beverly Jean Murawski Trust dated December 17, 2009 and KONNIE LOUISE SCHROEDER f/k/a KONNIE LOUISE KING, as joint tenants with full rights of survivorship, whose address is 55 Partridge Lane, Beecher, lL 6040'l (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. I, AGREEMENT 1.01 ln consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 2.01 The purchase price (the "Purchase Price") for the Property shall be Forty- Two Thousand Seven Hundred Fifty Dollars and 00/100 ($42,750.00), (U.S Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLoSING", OR "CLOS|NG") 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 CONSERVATION COLLIER TAX tD NU[/BER 00344280007 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: II, PAYMENT OF PURCHASE PRICE 11.C.a Packet Pg. 122 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NU[4BER: 00344280007 be held at the office of the insuring title company or by mail. 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 Iiens and encumbrances other than: (a) The lien for current taxes and assessments. 3.01 12 Combined Purchaser-Seller closing statement 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.01 1 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Artlcle lll hereof, shall be subject to adjustment for prorations as hereinafter set forth. 2 @ (b) Such other easements, restrictions, or conditions of record. 3.01 13 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as required by Section 1445 of the lnternal 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 ldentification and Certification" as required by the lnternal Revenue Service. 11.C.a Packet Pg. 123 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX tD NUt\,'tBER 00344280007 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 and electronic fee of recordrng 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. lf required by a Phase I report and desired by Purchaser, Seller shall pay for a Phase ll Environmental Assessment selected 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. lf Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title lnsurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. lf the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 ll 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. ln the event Seller is unable to cure said objections within said time period, Purchaser, by providing written nottce to Seller within seven (7) days after expiratron of said 3 @ IV, REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both partres 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; 11.C.a Packet Pg. 124 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX tD NUtVIBER 00344280007 thirty (30) day period, may accept title as it then is, walving 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. 5,0'1 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("lnspection Period"), to determine through appropriate investigation that: 4 @ 4.013 Seller agrees to furnrsh any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of thrs Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. lf the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an 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 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. 11.C.a Packet Pg. 125 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER IAX tD NUI\{BER 00344280007 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 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. 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 7.01 Purchaser shall be entitled to full possession of the Property at Closing VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. 9.0'1 lf Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have 5 5.02 lf Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the lnspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the lnspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. ln the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. VI, INSPECTION VII, POSSESSION IX. TERMINATION AND REMEDIES 11.C.a Packet Pg. 126 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX D NUMBER, OO34428OOO7 9.02 The parties acknowledge that the remedies descrrbed 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 1 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. Seller further represents the Property is free from any and all occupants, tenants, and other persons or entities claiming possession of the Property at the time of closing. This provision shall survive closing. 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. 10.0'14 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. @ the right to seek and enforce all rights and remedies available at law or in equity toa contract vendee, including the right to seek specific performance of this Ag reement. 10.01 Seller and Purchaser represent and warrant the following: 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 provrsions of this Agreement. 6 11.C.a Packet Pg. 127 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBER: 00344284007 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.017 Seller represents that they have (it has) no knowledge that there is or ever has been 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 their 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 toxrc 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 that they have (it has) no knowledge that there is or ever has been any 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 they have (it has) no knowledge that any part of the Property has ever been used as a sanitary landfill. '7 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 rig hts 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. 10.018 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 leases, licenses or other possessory interests, restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and 11.C.a Packet Pg. 128 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX ID NUMBER: 00344280007 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. 10.02'l 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 authoritres 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 8 11.C.a Packet Pg. 129 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX tD NUr\,1BER 00344280007 the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: lf to Purchaser:Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to lf to Seller Rory S. King 55 Partridge Lane Beecher, lL 60401 Telephone No. 708-672-51 50 With a copy to: Konnie Louise Schroeder f/k/a Konnie Louise King 274 Bay Ridge Road Lakeview AR72642 Telephone No. 7 08-672-577 5 XI, NOTICES Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8380 Fax number: 239-252-8876 '1 1.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses 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. 11.C.a Packet Pg. 130 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMAER: 00344280007 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 representalive, in connection witfr 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, [/ISCELLANEOUS 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. 13.04 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. @ 10 XII, REAL ESTATE BROKERS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. '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. 11.C.a Packet Pg. 131 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBER: 003a4280007 13.07 lf any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeedrng 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 lf the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (lf the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement rs 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. XV. ACKNOWLEDGMENT OF POTENTIAL FUTURE 15.01 Seller and Purchaser acknowledge and agree that any portion of the Property may be used for public road right of way and roadway related improvements, including, but not limited to, stormwater and utility improvements, at the sole discretion of Purchaser. SIGNATURES APPEAR ON THE FOLLOWING PAGES 11 XIV, ENTIRE AGREEMENT 11.C.a Packet Pg. 132 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBER: 003aa280007 lN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC:- A$ TO PURCHA$ER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and ComPtroller , Deputy Clerk AS TQ SELLER: ./)DATED: oL J-D A THE BEVERLY JEAN MURAWSKI TRUST BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHRIS HALL, Chairman By r17 RY S.Trustee KONNIE LOUISE SCHROEDER, lndividually (flkla Konnie Louise King) Approved as to form and legality: By: Sally A. Ashkar, Assislant County Attorney 2 11.C.a Packet Pg. 133 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMEER 00344280007 lN WITNESS WHEREOF, the parties hereto have signed below Dated ProjecUAcquisition Approved by BCC AS TO PURCHASER: ATTEST: CRYSTAL K KINZEL, Clerk of the Circuit Court and Comptroller BCIARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, Chairman By , Deputy Clerk AS.J$- $ELLER: DATED: €sg )o, Loa+ THE BEVERLY JEAN MURAWSKI TRUST dated December 17, 2009 By: By RORY S. KING, Trustee L-,^;- 1-*;* t1"^*., (flk/a Konnie Louise King) Approved as lo form and legality: : Sally A. Ashkar, Assislant Coun{y Attorney 11.C.a Packet Pg. 134 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) EXHIBIT "A" PROPERTY IDENTIFICATION NUNiIBER: 00344280007 The East % of the South % of the North % of the South % of the South % of the Northeast %, less the East 35 feet thereof dedicated for road purposes, lying and being in Section 33, Township 49 South, Range 27 East, Collier County, Florida. Comprised of 4.87 Acres accordjng to Collier County Property Appraiser Records. 11.C.a Packet Pg. 135 Attachment: Murawski Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) 1 Conservation Collier Land Acquisition Program Project Design Report Murawski Trust Property Date: February 2024 Property Owners: Beverly Jean Murawski Trust Folio(s): 00344280007 Location: North of I-75 and east of the Collier County landfill; eastern side of North Belle Meade Preserve in North Belle Meade; Section 33, Township 49 South, Range 27 East, Collier County Size: 4.87 acres Purchase Price: $42,750 History of Project: Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: The Murawski Trust parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Cypress, Mixed Scrub-Shrub Wetlands, and Hydric Pine Flatwoods, and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the Florida panther. This parcel contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. Selected for the “A” category, #1 priority, on the Active Acquisition List (AAL) by CCLAAC Selected for the “A” category, #1 priority, on AAL by BCC Purchase offer made to owner Offer Accepted 7/14/2023 10/10/2023 1/2/2024 1/17/2024 11.C.c Packet Pg. 136 Attachment: Murawski Trust PDR (28325 : Conservation Collier Murawski & Volpe Parcels) 2 Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay-North Belle Meade Overlay-Sending within a Natural Resource Protection Area. Projected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $1,950 $975 $975 $975 $730 Cabbage palm treatment $1,950 Total $3,900 $975 $975 $975 $730 11.C.c Packet Pg. 137 Attachment: Murawski Trust PDR (28325 : Conservation Collier Murawski & Volpe Parcels) 3 Murawski Trust Property Location Map 11.C.c Packet Pg. 138 Attachment: Murawski Trust PDR (28325 : Conservation Collier Murawski & Volpe Parcels) 4 Murawski Trust Property Aerial Map 11.C.c Packet Pg. 139 Attachment: Murawski Trust PDR (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBER: 00347120009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and behrueen VALERIE S. VOLPE and JARED M. VOLPE, as $uccessor Trustees of the Delores C. Volpe Revocable Trust u/a/d 91711999, whose address is 7730 SW 118th Street, Pinecresr, Florida 33156 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida. its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"), WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property {hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreernents. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($ 10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I, AGREEMENT 1.01 ln consideration of the purchase price and upon the terms and conditions hereinafter set forth, $eller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". il PAYMENT OF RCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred Three Thousand Five Hundred Fifty and 00/100 Dollars ($103,550.00), (U.S. Currency) payable at time of closing. III CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirly (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall .N { t. 11.C.d Packet Pg. 140 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBER: 003,{7120009 be held at the office of the insuring title company or by mail. The procedure to be followed by the parties in connection with the closing shall be as follows: 3.01't Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance withlaw. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 warranty Deed in f;avor of Purcha$er conveying tifle to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.01 12 Combined Purchaser-Seller closing statement. 3.0113 A "Gap Tax Proration, Owner,s Non-Foreign Affidavit',, as required by section 1445 of the lnternal Revenue code and as required by the title insurance undenrriter to insure the "gap" and issue the policy contemplated by the title insurance comrnitment. 3.0114 A W-g Form, "Request for Taxpayer ldentification Certification" as required by the lnternal Revenue $ervice. and 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 Tifle company verifies that the state of the tifle to the property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.0il thereto, and the Tiile 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 $eller representing the cash payment due at. closing in accordance with Article lll hereof, shall be subject to adjustment for prorations as hereinafter set forlh. ( c ("?) { tf 11.C.d Packet Pg. 141 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBER: 003{7120009 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 2A1.A1, Florida Statutes, and the cost and electronic fee of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form S 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. lf required by a Phase I report and desired by Purchaser, Seller shall pay for a Phase ll EnvironmentalAssessment selected 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. lf Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. tv. REQUTREMENTS AND CONptTtONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser andlor Seller, as the cese may be, shall perform the following within the times $tated, which shall be conditions precedent to the Closing; 4.A1l VUithin fifteen {15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Ownels Title lnsurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligatians, if any, which obligations shall be paid at closing. lf the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 lf Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon noti{ication of Purchaser's ob.jection 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. ln the event Seller is unable to cure said objections within said time period, purchaser, by providing written notice to $eller within seven (7) days afier expiration of said ,,( r*a**4lr 11.C.d Packet Pg. 142 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NU{,!BER: 00347120ffi9 thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing survey$ 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 Prlce shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5o/o of the overall acreage. lf the survey provided by Seller or obtained by Purcha$er, a$ certified by a registered Florida $urveyor, 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 lhe 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 sixg (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notifu Seller of any suchobjections. 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, Gr projection, or lack of legal access. v. TNSPECTTON PERTOQ 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("lnspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnonnal 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 {\)6 <^l f 11.C.d Packet Pg. 143 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMSiR: 08a7120009 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 lf Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the lnspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the lnspection Period,it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. ln the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results comrnissioned 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. vr. TNSPECT|oN 6.01 Seller acknowledges that the Purcha$er, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. vil. Pos$E$$toN 7.01 Purchaser shall be entitled to full possession of the Property at Closing VIII. PRORATION$ 8.01 Ad valorem taxes next due and payable, afrer 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. TERMINA?ION AND REMEDIES 9.01 lf Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of lermination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to t:, {6 \\sil, 11.C.d Packet Pg. 144 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COTLIER TAX lD NUMBER: 00347120009 a contract vendee, including the right to seek specific performance of thls Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satislactory 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 RTPRESENTATIONS 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. Seller further represents the Property is free from any and all occupants, tenants, and other persons or entities claiming possession of the Property at the time of closing. This provision shall survive closing. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and pertorm 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 $eller 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 Propedy to Purchaser according to the terms of this Agreement. () fir J { 11.C.d Packet Pg. 145 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATI Of.I COLTI ER TAX,D NUMBER; 00347120009 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 lirst 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 they have (it has) no knowledge that there is or ever has been incinerators, septic tanks, or cesspools on the Prope8; alt waste, if any, is discharged into a public sanitary $ewer 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 their knowledge the Property has not been used for the production, handling, storage, transpodation, rnanufacture, or disposal of hazardous or toxic substances or wastes, as such terms are deflned 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 Prope(y, and there is no proceeding or inquiry by any authority with respect thereto. $eller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents that they have (it has) no knowledge that there is or ever has been any storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents that they have (it has) no knowledge that any part of the Property has ever been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation ol any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 Seller has no knowledge of unrecorded leases, licenses or other possessory interests, restrictions, easements, or rights ol way {other than existing zoning regulations) that restrict or affect the use of the Property, and { ') V jd' 11.C.d Packet Pg. 146 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBER: 0O347120009 there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suit$, actions cr 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 vvhich has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchasar 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 $tate on the effective date of this Agreement up to and including the Date of Closing. Therefore, $eller 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. 10.4?2 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 1g86 ("SARq";, including any amendments or successor in function to these acts. This provision and .l I t] ),14 11.C.d Packet Pg. 147 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX ID NUMBER OO34712OOO9 lf to Seller: Wth a copy to: Name City Telephone number: Fax number. $tate zip 3V1s b L. the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property befween the date of this Agreement and the date of Closing shall be Selle/s sole risk and expense. xr. Nor!$_E_E 11.01 Any notice, reque$t, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsirnile with automated confirmation of receipt, or by registered, or certi{ied mail, return receipt requested, postage prepaid, addressed as follows: lf to Purchaser:Summer Araque, Coordinator Conservation Collier Prog ram Collier County Parks and Recreation Division Public Services Depa(ment Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to:Collier County Real Property Management 3335 TamiamiTrail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8380 Fax num 239-252-8876 /,I c $ Jd 11.C.d Packet Pg. 148 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBERi 0034?12000S 11.42 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 effec't for all purpose$. XII. REAL ESTATE BROKERS n.U Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemniS Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or repre$entative, 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 shallconstitute the agreement of the parties. 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.U 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 deerned 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 { 5 1 i'\ \("Q ,Id 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 representativgs, succesaor$, successor trustee, and assignees whenever the context so requires or admits. 11.C.d Packet Pg. 149 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLITR TAX lO NUMBER: 0ffia71?000S which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 lf any date specified in this Agreement falls on a Saturday, $unday, 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 "offe/'to purchase represented by this Agreement is subject to acceptance and approval by the Baard of County Commissioners of Collier County, Florida. 13.09 lf the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for olhers, $eller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. {lf the corporation is registered with the Federal Securities fxchange 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. ENTIR.E AGREEMENT U.U 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. XV. ACKN"QWLEDGMENT OF POTENTIAL FUTURE USE 15.01 Seller and Purchaser acknowledge and agree that any portion o{ the Propefi may be used for public road right of way and roadway related improvements, including, but not limited to, stormwater and utility improvements, at the sole discretion of Purchaser. S/GNATURES APPEAR ON THE FOLLOWNG PAGTS $fi1' 1t ,) rp) 4\ 11.C.d Packet Pg. 150 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) CONSERVATION COLLIER TAX lD NUMBER: 0037120009 lN WITNES$ WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC:_ AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman AS TO SELLER: )DATED: /-71 DELORAS C. VOLPE TRUST 9rl1999 By: By: Approved as to form and legality: M. Trustee Trustee Coung Attomey ffi,r*q'-, Xr @tittrnt 1') a- 11.C.d Packet Pg. 151 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) EXHIBIT ,.A" PROPERry IDENTIFICATION NUMBER, OO34712OOO9 The East % of the $outhwest % ol lhe Northwest % ol the Southwest % of Section 29, Township 49 South, Range 27 East, Collier County, Florida, subject to a prior reservation of a right-of-way easement for all the usual purposes of ingress and egress in and under the North 30 feet thereof, and The West Tz of lhe North lz ol the North % of lhe North % of lhe Northwest %, less the North 35 feet thereof, and the West 35 feet thereof dedicated for road purposes, lying and being in Section 34, Township 49 South, Range 27 East, Collier County, Florida. Comprised of 8.5 Acres according to Collier County Propedy Appraiser Records. n')ff (s..d { 11.C.d Packet Pg. 152 Attachment: Volpe Trust - Agreement for Sale and Purchase (28325 : Conservation Collier Murawski & Volpe Parcels) 1 Conservation Collier Land Acquisition Program Project Design Report Volpe Trust Property Date: February 2024 Property Owners: Deloras C. Volpe Rev. Trust Folio(s): 00347120009 Location: North of I-75 and east of the Collier County landfill; east of and adjacent to the northeastern portion of North Belle Meade Preserve in North Belle Meade; Section 34, Township 49 South, Range 27 East, Collier County Size: 8.50 acres Purchase Price: $103,550 History of Project: Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: The Volpe Trust parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, significant human social values, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The property can provide many recreational opportunities in conjunction with the adjacent North Belle Meade Preserve including hiking, biking, horseback riding, and hunting. This parcel fulfills program qualifications by satisfying five of six applicable screening criteria. The parcel contains Pine Flatwoods and this area contains historic nesting/foraging habitat for the endangered red cockaded woodpecker (RCW). Panther telemetry also indicates significant utilization by the Florida panther. This parcel contributes to an important wildlife corridor connecting species from the Florida Panther Refuge, Golden Gate Rural Estates, Dr. Robert H. Gore III Preserve, as well as the Picayune Strand State Forest and Fakahatchee Strand State Preserve to the south through wildlife underpasses under I-75. This parcel also provides an ecological link to the northern range expansion goals of the RCW Recovery Plan. Selected for the “A” category, #1 priority, on the Active Acquisition List (AAL) by CCLAAC Selected for the “A” category, #1 priority, on AAL by BCC Purchase offer made to owner Offer Accepted 7/14/2023 10/10/2023 1/3/2024 1/11/2024 11.C.f Packet Pg. 153 Attachment: Volpe Trust PDR (28325 : Conservation Collier Murawski & Volpe Parcels) 2 Zoning, Growth Management and Land Use Overlays: The parcel is zoned Agricultural; Rural Fringe Mixed Use Overlay-North Belle Meade Overlay-Sending within a Natural Resource Protection Area. Projected Management Activities: Management of this property will address the costs of exotic vegetation removal and control and, potentially, management of native vegetation to maintain suitable habitat for red cockaded woodpeckers. Controlled burning on a 3-4 year interval will be used within this parcel and the adjacent preserve to maintain the fire dependent plant communities. If it is determined to be compatible with the management goals of the property, cattle may be grazed within this parcel and the adjacent preserve through the implementation of a cattle lease. If it is deemed compatible, limited public quota hunts may be implemented by the County to support wildlife management goals and enhance stakeholder opportunities. The potential for use of the property and adjacent preserve as a gopher tortoise recipient site will also be explored. Estimated Management Costs: Management Element 2024 2025 2026 2027 2028 Exotics $3,400 $1,700 $1,700 $1,700 $1,300 Cabbage palm treatment $3,400 Total $6,800 $1,700 $1,700 $1,700 $1,300 11.C.f Packet Pg. 154 Attachment: Volpe Trust PDR (28325 : Conservation Collier Murawski & Volpe Parcels) 3 Volpe Trust Property Location Map 11.C.f Packet Pg. 155 Attachment: Volpe Trust PDR (28325 : Conservation Collier Murawski & Volpe Parcels) 4 Volpe Property Aerial Map 11.C.f Packet Pg. 156 Attachment: Volpe Trust PDR (28325 : Conservation Collier Murawski & Volpe Parcels) APPRAISAL REPORT FOR THE CONSERVATION COLLIER PROGRAM AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT PROPERTY: MURAWSKI TRUST 4.87 ACRES IN NORTH BELLE MEADE NAPLES, FL 34117 AT THE REQUEST OF: ROOSEVELT LEONARD, R/W-AC SUPERVISOR – REAL PROPERTY MANAGEMENT COLLIER COUNTY FACILITIES MANAGEMENT/REAL PROPERTY 3335 TAMIAMI TRAIL E., STE. 101 NAPLES, FL 34112 ASSIGNMENT NO.: 6579A-TS APPRAISAL EFFECTIVE DATE: NOVEMBER 20, 2023 DATE OF REPORT: DECEMBER 15, 2023 6579A Report Table of Contents Carroll & Carroll Table of Contents SUMMARY OF IMPORTANT DATA AND CONCLUSIONS ......................................................... 1 CONSERVATION FEATURES SUMMARY OVERVIEW ................................................................. 2 CERTIFICATION ..................................................................................................................................... 3 SCOPE OF WORK ................................................................................................................................... 5 ESTATE APPRAISED .............................................................................................................................. 6 DEFINITION OF MARKET VALUE ..................................................................................................... 7 ASSUMED EXPOSURE TIME ................................................................................................................ 7 AREA INFORMATION .......................................................................................................................... 8 MARKET AREA ..................................................................................................................................... 17 PROPERTY INFORMATION ............................................................................................................... 29 SITE DESCRIPTION .......................................................................................................................... 31 ENVIRONMENTAL CONTAMINATION .................................................................................... 33 NATURAL RESOURCE CONCERNS ............................................................................................ 34 ZONING .............................................................................................................................................. 40 ASSESSMENT AND TAXES ............................................................................................................ 45 FLOOD ZONE DATA ....................................................................................................................... 46 TRANSACTIONAL HISTORY ........................................................................................................ 47 CURRENT STATUS ........................................................................................................................... 47 HIGHEST AND BEST USE ................................................................................................................... 48 CONSIDERATION OF APPROACHES ............................................................................................. 50 SALES COMPARISON APPROACH ................................................................................................. 51 LOCATION MAP OF SUBJECT AND VACANT LAND COMPARABLES ............................. 53 VACANT LAND COMPARABLES ................................................................................................ 54 LAND SALES ADJUSTMENT GRID .............................................................................................. 62 ESTIMATE OF VALUE ......................................................................................................................... 67 ADDENDA ............................................................................................................................................. 68 6579A Report Summary of Important Data & Conclusions Carroll & Carroll 1 SUMMARY OF IMPORTANT DATA AND CONCLUSIONS This information is summarized only for convenience. The value given is the final, rounded conclusion of the appraisal. To use this summary without first reading the appraisal report could be misleading. PROPERTY INFORMATION Property Identification Murawski Trust 4.87 Acres in North Belle Meade, Naples, FL 34117 Property Description A 4.87-acre vacant parcel located north of Blackburn Road in the North Belle Meade area in Naples, Florida. Property Type Vacant Land Owner of Record Beverly Jean Murawski Trust Property ID # 00344280007 CLIENT INFO & VALUE CONCLUSIONS Client Collier County Facilities Management Department Intended Use To assist the Conservation Collier Program and the Collier County Board of County Commissioners. Intended Users Conservation Collier Program and the Collier County Board of County Commissioners. Appraisal Effective Date November 20, 2023 Date of Report December 15, 2023 Date of Inspection November 20, 2023 Purpose of Appraisal Estimate market value “As Is” Estate Appraised Fee Simple Interest Appraised 100% Estimated Market Value $45,000 GENERAL INFO Appraiser Timothy W. Sunyog, MAI State-Certified General Appraiser RZ 3288 Scope of Work All applicable approaches to value were developed. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS None HYPOTHETICAL CONDITIONS None 6579A Report Conservation Summary Overview Carroll & Carroll 2 CONSERVATION FEATURES SUMMARY OVERVIEW Project Name: Murawski Trust Appraisal Project 4.87 Acres in North Belle Meade, Naples, FL 34117 Folio Number & Owner(s) of Record: 00344280007 Beverly Jean Murawski Trust Zoning/Overlays: “A” – Rural Agricultural District RFMUO – NRPA - NBMO – Sending Rural Fringe Mixed Use District (RFMUO) – (NRPA) Natural Resource Protection Area Overlay District - Sending Lands and the North Belle Meade Overlay Zoning Considerations for TDR’s, PHU, other endangered species: N/A Was the cost to mitigate wetlands or endangered species taken into consideration? Yes, the plant communities present on the property include cypress, mixed scrub-shrub wetland, and hydric pine flatwoods. A portion of the property could be mitigated in order to construct a single-family residence, but there will be costs associated. Scope of Proposed Mitigation: N/A Land Area: 4.87 gross acres Access for the Parcel Taken Into Consideration: The subject parcel has legal access, but is not physically accessible. Highest and Best Use: The highest and best use is to sever and sell the TDR credits to potential developers and sell the undevelopable land to an owner-user for agricultural or recreational uses. Date of Estimated Value: November 20, 2023 Estimated Value: $45,000 6579A Report Certification Carroll & Carroll 3 CERTIFICATION I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF: I did not personally inspect the subject property due to its physical location and therefore I relied on aerial photographs and the Conservation Collier Initial Criteria Screening Report. I did however inspect 255.73 acres to the west of the subject property on March 4, 2022, and therefore I am familiar with the access, ground cover, and topography of the area. I did not physically inspect Comparables 1, 2, 3, 4, 5, 6, 7, and 8. The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and our personal, impartial and unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. In the three years immediately prior to acceptance of this assignment I have not performed any services regarding the subject property as appraisers, or in any other capacity. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I am also subject to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute, which includes provisions for peer review. 6579A Report Certification Carroll & Carroll 4 The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. No one other than the undersigned prepared the analyses, opinions and conclusions concerning real estate that are set forth in this report. As of the date of this report, I have completed the requirements of the continuing education program of the State of Florida, and for Designated Members of the Appraisal Institute. CARROLL & CARROLL Timothy W. Sunyog, MAI Cert Gen RZ3288 6579A Report Scope of Work Carroll & Carroll 5 SCOPE OF WORK All applicable approaches to value were developed and the value conclusion reflects all known information about the subject property, market conditions, and available data. The scope of work was: • Reviewed aerial photographs, land use plans, the Land Development Code, the Conservation Collier Initial Criteria Screening Report, an Environmental Assessment, and other documentation. • Reviewed how the property relates to its neighborhood and to the broader market area in development of an opinion of highest and best use. • Researched vacant land comparable sales, listings, and pending sales. • Developed the sales comparison approach. • Estimated the market value of the fee simple estate. • Prepared an appraisal report summarizing the appraisal assignment, the property appraised, the application of the appraisal methodology, and the logical support for the value conclusion. Sources of market data included local and regional MLS systems, CoStar, LoopNet, public records, and interviews with real estate brokers. 6579A Report Estate Appraised Carroll & Carroll 6 ESTATE APPRAISED The estate appraised is the Fee Simple Absolute. For appraisal purposes Fee Simple Absolute is synonymous with Fee Simple. The Dictionary of Real Estate Appraisal, Seventh Edition, published 2022 by the Appraisal Institute, defines Fee Simple Estate as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. We consider easements, but only to the extent that they are known to us. Appraisal of the fee simple means that an improved property is vacant and available to be put to its highest and best use. 6579A Report Definition of Market Value Carroll & Carroll 7 DEFINITION OF MARKET VALUE In United States tax law, the definition of Fair Market Value is found in the United States Supreme Court decision in the Cartwright case: The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts. United States v. Cartwright, 411 U. S. 546, 93 S. Ct. 1713, 1716-17, 36 L. Ed. 2d 528, 73-1 U.S. Tax Case. (CCH) ¶ 12,926 (1973) (quoting from U.S. Treasury regulations relating to Federal estate taxes, at 26 C.F.R. sec. 20.2031-1(b)). ASSUMED EXPOSURE TIME The reasonable exposure time is assumed to have already occurred as of the appraisal effective date. The assumed reasonable exposure time was between 4 and 6 months. 6579A Report Area Analysis Carroll & Carroll 8 AREA INFORMATION COLLIER COUNTY ANALYSIS An analysis of geography, transportation, population, employment, income, and education for Collier County is performed using data provided by Site to Do Business, Florida Office of Economic & Demographic, United States Department of Labor, all recognized source(s). GEOGRAPHY Collier County is the most southerly county on Florida's west coast offering mainland coastal development. Collier County is west of Ft. Lauderdale and south of Tampa. With 2,025 square miles of land area, it is the largest county in Florida. About 63% of the land area is in public ownership, is set aside for environmental preservation, or is scheduled for public land acquisition. The region enjoys a climate that is classified as subtropical. Summers are relatively mild, and winters are usually frost free. A hard freeze is a rarity. The climate, especially in winter, is one that attracts and is enjoyable to most people. The geography of the area runs generally northwest and southeast as indicated by the trend of the coastline. Beaches extend from the northern county line south to Cape Romano and then, as the coastline trends further to the southeast, beaches give over to mangrove islands and swamps. Moving northeastward from the beaches, elevations increase very slowly. Most of the county is less than 15 feet above mean sea level. Although changes in elevation 6579A Report Area Analysis Carroll & Carroll 9 are gradual, they are well defined by variations in vegetation. Much of the county is, or was once, wetland. The once plentiful marine resources are largely depleted, but still provide good sport fishing. Population centers include the coastal communities of Naples, Marco Island and Everglades/Chokoloskee. Immokalee, the single large interior community, is in north Collier County and is the agricultural center of the region. POPULATION “The social forces studied by appraisers primarily relate to population characteristics. The demographic composition of the population reveals the potential demand for real estate, which makes the proper analysis and interpretation of demographic trends important in an appraiser’s analysis.” The total population, it's composition by age and gender, and the rate of household formation and dissolution strongly influence real property values. (The Appraisal of Real Estate 14th Edition) Collier County’s population has continued to increase year after year. The population has increased only 0.1% as of 2022 from 2020. The population forecasts through 2027 calls for a continued steady growth cycle with an estimated 4.4% population growth from 2022 to 2027. 6579A Report Area Analysis Carroll & Carroll 10 Collier County is a popular retirement destination. As of 2022, 55.9% of the County’s residents are over the age of 45. The 2027 forecasts depict an aging community with 56.5% of the population 45 years of age or older. EMPLOYMENT Collier County is a largely service based economy with 32.1% of the employees in the leisure, hospitality, education, and health service industries and 26% in professional, business, financial and other services. Trade, transportation, & utilities along with government jobs account for 36.4% of the County’s employees. Industries such as natural resources/mining, construction, and manufacturing make up only 5.5% of the market. 6579A Report Area Analysis Carroll & Carroll 11 The unemployment rate in Collier County exceeded the state average by a slight margin in the years 2015 and 2016. The unemployment rate then declined through 2020 as the economy improved and, until recently, Collier County’s unemployment rates decreased more rapidly than the state. Top 10 Largest Employers SWFL-2022 Rank Company Employees 1 Lee Health 13595 2 Lee County School District 12936 3 Lee County Local Government 9038 4 Publix 8728 5 NCH Healthcare System 7017 6 Walmart 6516 7 Collier County School District 6422 8 Collier County Government 5000 9 Florida Gulf Coast University 3430 10 Arthrex, Inc 3000 Source: SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE NOTE: * DATA AS RECENT AS 2018 Q3; ** DATA AS RECENT AS 2017 6579A Report Area Analysis Carroll & Carroll 12 INCOME Collier County’s per capita income and median household income levels are higher than state statistics. The most substantial difference between Collier County and the state is the large percentage difference in household incomes above $100,000 where Collier County exceeds the state by over 12%. Collier County's percentage household incomes ranging from $25,000 to $74,999 is slightly lower than the percentage of household incomes in the state, only mirroring that of the state at $75,000 to $99,000, and from there exceeding the percentage of the state. Income levels vary greatly within different areas of Collier County, and so will be discussed in greater detail in the Market Area descriptions. TRANSPORTATION The transportation system reflects local geography, population densities and the primary motivators of tourism, service industry employment, the construction industry, agriculture, and leisure activities. ROADS The earliest roads were coastal, extending from north to south in the early twentieth century with the first settlers. Principal among these is US-41, commonly referred to as the Tamiami Trail because it was built to connect Tampa and Miami. Where it passes through the coastal community US-41 is a four or six lane divided highway with landscaped medians, curb and gutter, streetlights and often with concrete sidewalks. The Trail is the principal coastal arterial and one that defines several important boundaries. Often there is a noticeable land value difference east and west of US-41 because the affluent coastal population prefers to shop and trade close to home. As the highway turns southeast from downtown Naples toward Miami the Trail defines the boundary of the coastal management zone which affects development densities and storm evacuation requirements. The eastern segment of US -41 is a designated national scenic highway popular with tourists, especially during the winter season as they seek adventure in the Everglades. A system of asphalt surfaced arterials, major collectors, minor collectors, and neighborhood streets extend into the urban area east and west from US-41. North-south arterials and major collectors are established about one mile apart. From west to east, these include Goodlette-Frank Road, Airport-Pulling Road, Livingston Road, Santa Barbara Boulevard and Collier Boulevard. The east-west grid is spaced about two miles apart; from north to south being Immokalee Road (CR-864), Vanderbilt Beach Road (CR-862), Pine Ridge Road (CR-896), Golden Gate Parkway (CR-886), Radio Road (CR-856), Davis Boulevard (SR-84), and Rattlesnake Hammock Road (CR-864). Within the urban area all of these are at least 4 lane divided highways. East of Collier Boulevard the road system reflects the economies of scale of Golden Gate Estates subdivision (the Estates) where 102 square miles of rural subdivision is supported by a grid system of paved and unpaved 2 lane streets, with 2 and 4 lane asphalt surfaced 6579A Report Area Analysis Carroll & Carroll 13 major collectors. Golden Gate Boulevard, a 4-lane divided road for five of its eleven miles east of CR-951, is the principal east-west collector. Everglades Boulevard (2 lane and asphalt surfaced) is the north-south major collector extending south from Immokalee Road 14 miles to the grade separation at I-75 where it continues into the Picayune Strand State Forest. Most of the neighborhood streets in Golden Gate Estates are asphalt. Collier County is planning to extend east-west collectors through the Estates along the alignment of Vanderbilt Beach Road and somewhere south of Golden Gate Boulevard. A north-south connection is also planned from the eastern terminus of White Boulevard (Pine Ridge Road) north to Golden Gate Boulevard. Interstate highway 75 (I-75) was extended from north to south through Collier County in the mid-1980s along a flood-proof route about five miles inland. Directly east of the City of Naples I-75 joins the original alignment of State Road 84 (Alligator Alley) connecting with Florida's east coast at Ft. Lauderdale. The coastal community I-75 interchanges are spaced three to four miles apart at Immokalee Road (CR-864), Pine Ridge Road (CR-896), Golden Gate Parkway (CR-886), and at Collier Boulevard/Davis Boulevard (CR-951/SR-84). Twenty- one miles east of the coastal community is an interchange at State Road 29; the last interchange in Collier County. Collier County and the FDOT continue to study the feasibility of an interchange at Everglades Boulevard. The advent of I-75 signaled a change in the relationship of Collier County to the rest of Florida and the United States. While US-41 was the only north-south arterial, Collier County was dominated by the conservative mid-western influences of seasonal residents and somewhat isolated from the larger urban areas of Florida. After the late 1980s, road access to Collier was made much more convenient to the northeast via connections with I -4 and I-95. This had the effect of broadening Collier’s market exposure and it stimulated growth. The extension of I-75 south into Dade County promoted better access for European tourists and made Collier County transient lodging attractive for east coast weekenders. Strategic connections exist where Collier Boulevard and CR-92 extend south and west from US-41 providing access to the City of Marco Island from the greater Naples area and from Florida's east coast, respectively. State Road 29 connects the southwest Florida agricultural center of Immokalee with points north, with the Naples coastal community via CR-846, with the Ft. Myers coastal community via SR-82, and with US-41 at Everglades City which is the western gateway to Everglades National Park and the 10,000 Islands region of Collier's southwest coast. The road transportation system is well planned, well maintained, and operating at acceptable capacity. Ambitious road construction projects undertaken in anticipation of growth projections and funded by impact fees have caught up with development. The road system reflects Collier's position at the southerly limit of development on Florida's west coast. 6579A Report Area Analysis Carroll & Carroll 14 MASS TRANSIT Collier Area Transit (CAT), operated by Collier County Alternative Transportation Modes Department, provides inexpensive alternative transportation throughout the county linking major employment centers of Naples with Marco Island and Immokalee. There are several circulation routes with stops at the County government complex, hospitals, and major shopping establishments. The system accommodates bicycle transport and personal items. The same County department administers the Collier Area Para Transit system which provides subsidized transportation services for the disabled and economically disadvantaged. This is a successful and growing system that connects people with jobs, essential services, and shopping while reducing transportation costs and road congestion. AIRPORTS Collier County is supported by a system of five public airports. Southwest Florida International Airport (RSW) is located in Lee County 25 miles north of Naples; a 45-minute drive via I-75 from the Collier center of population. This facility serves the five county southwest Florida regions offering domestic and international air carrier service. It is modern, convenient, and has planned expansion to keep up with regional growth. Naples Municipal Airport (APF) owned by the City of Naples and operated by the independently constituted Naples Airport Authority which derives its revenue principally from fuel sales. This small airport (about 1 sq. mi.) is located one mile east of downtown Naples. It serves the coastal community and is especially convenient to affluent residents who own private aircraft, to the corporate convention business of the large beachfront hotels, and to essential services like mosquito control, Emergency Medical Services (EMS), the Sheriff’s office, and private air ambulance services. The two paved runways (5/23 @ 5,290’ and 14/32 @ 5,000’) will support jets including the G4 and Challenger series. Naples airport is tower controlled and fully certified for commercial operations and is home to several aircraft charter services and flight training schools. In 2005, Naples Municipal Airport accommodated 163,434 aircraft operations, a record high. Annual operations decreased by nearly 50% from 2005 to 2011. The total operations for 2020 were 104,479, which is a 5.2% increase from the previous year. Due to its downtown location, Naples airport has restricted operations of the noisiest jet aircraft and is at the leading edge of noise abatement measures. The Collier County Airport Authority owns and operates airports at Marco Island, in Everglades City, and at Immokalee. These are primarily funded through fuel sales and hangar leases. Marco Island Airport (MKY) is a very small (64.47 acres) general aviation facility on the mainland four miles northeast of Marco Island. The single paved runway (17/35 @ 5,000') will support light jet traffic. Hanger and ramp space is very limited. Fuel is 6579A Report Area Analysis Carroll & Carroll 15 available. This airport is convenient to Marco Island residents and to the corporate convention business of the Island hotels. Immokalee Regional Airport (IMM) is one mile east of Immokalee and 35 miles by road northeast of Naples. This 2 square mile airport has two paved 5,000-foot runways (18/36 and 09/27) a third diagonal runway is now used as a weekend drag racing strip. The airport is in the Florida Rural Enterprise Zone and a HUB Empowerment Zone. A 60-acre zone in and around the airport is a designated Foreign Trade Zone. To date, the economic potential of this airport is largely unrealized. However, the field is active as a training destination for coastal-based flight schools, it hosts aerial firefighting and crop-dusting operations, and it bases numerous private aircraft. The Everglades Airpark (X01) is a light duty general aviation facility of 29.14 acres that is within walking distance of downtown Everglades City. The single paved strip (15/33 @ 2,400') supports itinerant coastal traffic and half a dozen-based aircraft. Fuel, a comfortable pilot center and bicycles are available. The aviation community Is well supported. The greater Naples area is the beneficiary of the winter season influx of corporate executives and affluent individuals who can afford luxury private jet travel. MARINE TRANSPORTATION There is no deep-water port and no commercial marine activity other than that associated with commercial fishing, charter sport fishing, and the marine towing services that support the pleasure boat industry. The controlling depth to the municipal dock in Naples Bay is six feet at mean low water. The US Coast Guard maintains a dredged and well-marked intracoastal waterway from the head of Naples Bay to Coon Key southeast of Marco Island. Local geography requires vessels northbound from Naples to transit 30 miles of the Gulf of Mexico before returning to the sheltered intracoastal system at Sanibel Island. According to the Marine Industries Association of Collier County, as of early 2018 there were 57,685 registered vessels in Southwest Florida. In 2022, Florida registered over 1 million recreational boats. Seasonally, excursions from Marco Island to Key West and from Ft. Myers Beach to Key West are scheduled daily. EDUCATION The Collier County School District provides public education to about 47,000 students encompassing grades K-12 and employs almost 7,000 people of which 3,200 are teachers. The district has 51 public schools consisting of 31 elementary, 10 middle, 8 high schools, one K-12 (Everglades City School), and 1 virtual school. There are also 12 alternative school programs and two technical colleges, Lorenzo Walker Technical College, and Immokalee Technical College, which offer short term and long-term training to adults and high school students. Between 2015 and 2020, the school district had an overall population growth of more than 6,000 students but recently student population growth has leveled off and slightly 6579A Report Area Analysis Carroll & Carroll 16 decreased. The student population is a diverse culture. 55% of students live in homes where English is not the first language. Students come from 76 different countries of origin and speak 104 different languages. Collier County School District continues to receive an “A” grade by the State of Florida Department of Education. The district and all schools are accredited by the Southern Association of Colleges and Schools Council. Collier County is the leader in Florida in educational technology. It is also a leader in advanced educational programs, offering dual enrollment and Advance Placement courses, Cambridge Advanced International Certificate of Education and Laureate diplomas. Career training is available through 32 career academies. In addition to the public-school system, there are numerous private schools throughout the county. Approximately, 16% of all K-12 students in Collier County are educated in private schools. Collier County is also home to several colleges and accredited universities. Three colleges have campuses in Collier County: Ave Maria University, Keiser University and Florida Southwestern State College (formerly Edison Community College). Ave Maria University is a private catholic university that offers both undergraduate and graduate programs including a law school has around 1,245 students. Keiser University is a private university that offers both undergraduate and graduate programs to over 17,990 students throughout 20 campuses in Florida and an online learning program. Florida Southwestern State College with campuses in Naples, Punta Gorda, and Ft. Myers, offers both two-year and four-year degree programs for 14,714 students. Formerly located in Naples, now in Fort Myers, Hodges University is a private four-year college that offers bachelor’s and master’s degrees in 20 disciplines for around 1,676 students. Nearby Florida Gulf Coast University (located in southern Lee County) is one of the state's fastest growing institutions and home to over 16,000 students. CONCLUSION At the southerly limit of urban development on Florida's west coast, Collier County offers the climate, natural resources, and sporting opportunities to support a superb retirement community. The quality of infrastructure, schools, and social services is what one would expect of such an area. We are experiencing a surge in new development projected to take us through the next several years. In the long term, the attractions of the climate and location, and the stability of fixed-account affluence promise continuing prosperity although probably without the strong emphasis on new development. 6579A Report Market Area Carroll & Carroll 17 MARKET AREA Market Area is defined as: “The geographic region from which a majority of demand comes and in which the majority of competition is located.” (The Dictionary of Real Estate Appraisal 7th Edition) “A market area is defined in terms of the market for a specific category of real estate and thus is the area in which alternative, similar properties effectively compete with the subject property in the minds of probable, potential purchasers and users.” (The Appraisal of Real Estate 15th Edition) A market area includes those surrounding land uses which impact the value of a property and it can encompass one or more neighborhoods or districts. An appraiser focuses on the market area in analyzing subject property value influences. BOUNDARIES The subject property is located within the Golden Gate area of Collier County. For appraisal purposes, the Golden Gate or market area boundaries are shown below: 6579A Report Market Area Carroll & Carroll 18 Introduction The portion of Golden Gate within this market area is approximately 157 square miles in size. Three separate land uses are worth noting. Golden Gate City, which is not incorporated, is a 4-square mile development of high residential density consisting of both single-family and multifamily units. Commercial services for this market area are centralized here. The rural estates consist of approximately 116 square miles and is zoned for estate living. This low-density development serves a rural lifestyle desired by many in the area. A third area, Orange Blossom PUD located on Immokalee Road, is a 4-square mile residential subdivision with commercial support near the Immokalee Road and Randall Boulevard intersection. It is approximately 80% developed with primarily single-family units. Collier County Fairgrounds, a high school, middle school, and elementary school are located here. Demographics for Golden Gate City and rural estates will be discussed separately, where appropriate, Data for Orange Blossom PUD will be included in the rural estate’s demographics. Environmental Influences This area is desired because of mild winter weather and rural lifestyle. Even though it is inland from the coast there is still easy access to miles of beaches. The Naples area is one of the very few in Florida that offers adequate public access to a mainland beach. The subtropical weather allows for year-round recreational opportunities. Boating, swimming, riding ATVs, and camping are popular activities. Bicycling, walking and jogging are supported by an extensive network of connected biking and walking paths. Multiple tennis and pickle ball courts are available, as well as fitness centers. Golden Gate is known for its clean environment and healthy lifestyle. Residents are drawn to the rural estates because of wooded lots, native vegetation and abundance of wildlife. Agriculture uses are permitted; therefore, equestrian activities are common throughout the estates. Golden Gate City is an urban area served by county parks and a biking/walking path network. Governmental Influences This market area, including Golden Gate City, is governed by Collier County Board of County Commissioners which serves as chief legislative body and five constitutional officers: sheriff, clerk of courts, tax collector, supervisor of elections, and property appraiser. County government is managed by a strong county manager structure. Collier County provides services which range from average to high quality. However, Collier County is known for being a difficult county for building and development. The tax burden in Collier County is lower than the national average. 6579A Report Market Area Carroll & Carroll 19 County government has zoning, and comprehensive plan ordinances designed to protect the character and values of property; to protect and enhance economic development; and to maintain and enhance the attractive nature of the area. Public services include fire protection, solid waste disposal, potable water, sanitary sewer service and storm water drainage. In some areas of Golden Gate Estates where sanitary sewer is not available, septic systems are permitted. Public/private companies proved adequate services for electricity, cable, and internet. Community support facilities such as schools, parks, churches, shopping, and places of employment are all located within this market area. Collier County Sheriff Department provides a full range of services for Collier County. According to the 2022 statistics listed by the Collier County Sheriff’s Office, Collier County has one of the lowest crime rates in Florida. The county averages are representative of conditions in the Golden Gate area. This market area is served by several arterial roadways. All are six-lane divided highways with landscaped medians. Improvements include street lighting and concrete curb and gutter. North-south arterial roadways include Santa Barbara Boulevard which connects Rattlesnake Hammock Road to Immokalee Road and Collier Boulevard (SR-951) which is a major arterial linking Marco Island in south Collier County with Immokalee Road near the north county line. Development along Collier Boulevard is a mixture of single/multi-family residential, office, light industrial, institutional, and retail. The Collier Boulevard thoroughfare anchors a grid of arterial roads spaced about 2 miles apart, that serve the greater Naples coastal community which lies to the west and has direct access to I-75. East-west arterials include Golden Gate Parkway, Pine Ridge Road, and Immokalee Road. Each one provides direct access to Interstate I-75. Development along Pine Ridge Road is mainly developed with single family homes and institutional uses. Golden Gate Parkway and Immokalee Roads have a mixture of single/multi-family residential, office, industrial, institutional, and retail uses. Another east-west arterial is Vanderbilt Beach Road which is a direct connection between the Golden Gate area and the Naples beaches. Construction has begun on the Vanderbilt Beach Road Extension, which will be extended to Wilson Boulevard. Interstate I-75, which connects Collier County to both North Florida and Florida’s east coast, serves this entire market area and access is provided by three interchanges. The arterial road system is laid out in a grid pattern that provides adequate traffic flow to all areas of the county. Commercial development exists at every major intersection; but the intersections are designed with proper turns lanes and signaling to provide for adequate 6579A Report Market Area Carroll & Carroll 20 traffic movement. The road network easily handles traffic demand in the off-season, May through December. Traffic more than doubles in January, February, March and April because of seasonal residents and tourists. Even with exceptionally heavy traffic, the road network usually handles peak traffic demand without major delays. The rural estates are served by a grid of residential streets and collector roads. The residential streets, which are two-lane roads with open swales, are located every quarter mile. Most these roads are paved; however, some residential streets located along the eastern edge of this market area have yet to be improved. The residential streets feed into collector roads, which connect to the major arterial highway system. The collector roads include Santa Barbara Boulevard, Golden Gate Boulevard, Wilson Boulevard, Everglades Boulevard, Randall Boulevard and Oil Well Road. They are four to six-lanes in the more populated areas, transitioning to two-lanes in the eastern section of this market area. Public transportation is provided by a county transit bus service. Naples Municipal Airport is located outside the market area but is easily accessed by any resident of the area. The airport is City owned but operated by the independent Naples Airport Authority. It serves private and commercial aviation, as well as aviation related activities. It supports government services, such as, Mosquito Control District and Collier County Sheriff’s aviation unit. Located within the market area is the Paradise Sports Complex developed by Collier County. The 60+ acre site is designed with 19 fields to accommodate football, soccer, field hockey, lacrosse, baseball, and others. There is a 13-acre lake with a beachfront, food-truck area, a market space, a large lawn, a championship stadium with seating capacity for 3,500 and an indoor fieldhouse. The total budget for the project was approximately $80 million dollars. Adjacent to the Paradise Sports Complex will be the proposed Great Wolf Lodge South Florida which is projected to be completed in the spring/summer of 2024. The hotel is situated on 20 acres and will feature 500 family-friendly suites and an expansive 100,000- square-foot indoor water park. Social Influences Golden Gate City is a diverse community of entry level housing. Residents like the small town feel and consider it a safe place to raise a family. Residential is approximately 95% built out. Rural estates are attractive for their quiet country living while being in close proximity to all that the coastal community has to offer. Build out varies in the rural estates from 95% in the western portion of the market area to 40% or less in the southeastern location. Per US Census Bureau forecasts, the 2022 population is 78,769 with a projected growth to 81,893 (0.78% annual growth) by 2027. This area experiences a lower seasonal population increase during the winter months than other areas of Collier County. 6579A Report Market Area Carroll & Carroll 21 The median age is 36.7 with 73.7% of the population being 54 and younger. The median household income is $83,679. 25.6% have a bachelor’s or professional degree and 24.7% have some college education. There is an average degree of community involvement through civic organizations, neighborhood groups, social service organizations and political committees. The Naples cost of living is 11.9% higher than the average cost of living in the United States. Conversely, Florida has a cost of living that is 1% higher than the US average. Of the 25 locations included in the Economic Policy Institute's dataset for Florida, Naples-Marco Island is the 21st most expensive. In Naples, housing is the category with the highest index (21% above national average), while taxes are the category with the lowest index (15% below national average). (Ref. Careertrends.com; cost of living analysis). Golden Gate has some of the highest density of affordable housing units in Collier County, but because of the high cost of living, home values can still be out of reach for many moving into Collier County. One of the main driving forces impacting growth in this area is the quality of schools. This market area has 15 public schools: two high schools, three middle schools, nine elementary schools, and three Charter schools. In addition to the public school system, there are three, faith-based private schools. Economic Influences The population increased 20.07% over the last 12 years or 1,097 people per year. The population is forecasted to increase an additional 3.97% over the next five years for an average of 625 people per year. This trend is consistent with the past twenty years and should continue into the near future as buildout continues along the eastern edge of this market area. The residential population is dominated by working class and young professional residents. Comparatively, incomes within this market area are less than the county average. Development trends: Residential This market area provides a large range in home values from entry level housing to million- dollar estates and is the greatest source of vacant residential lots in the county. Values in Golden Gate City should remain consistent subject only to general market trends. Values in the eastern rural estates will increase as buildout in the units closest to the coast continues. The average home value in the market area is $384,105 which is considerably lower than the County’s average home value of $567,449. The total number of households in the market area is 27,440, of which, 69.9% are owner occupied, 22.8% renter occupied and 7.3% vacant. Vacancy includes seasonal rentals. 6579A Report Market Area Carroll & Carroll 22 6579A Report Market Area Carroll & Carroll 23 6579A Report Market Area Carroll & Carroll 24 Commercial Commercial development can be categorized into four different groups. Primary commercial is in Golden Gate City. Second group is newer construction at the arterial road intersections. Third is neighborhood commercial within the rural estates. Fourth is the industrial commerce park near Collier Boulevard and the I-75 interchange. Golden Gate City is the commercial center serving this market area. Santa Barbara Boulevard, north of Golden Gate Parkway, has a mixture of multi-family residential and commercial along the east side of the road. Commercial consists of older single story, single user buildings and 4 to 8 unit retail plazas. Businesses include daycare/ preschools, neighborhood food mart and gas stations, construction company offices, barber shops and beauty salons and small restaurants. Golden Gate Parkway has a mixture of multi-family and commercial development along both sides of the roadway. Newer commercial consists of CVS and Walgreens, carwashes, bank branches and national fast food restaurants. There are three older shopping centers, anchored by Winn Dixie and by Ace Hardware. Single story commercial structures and strip centers house neighborhood businesses such as barber shops and beauty salons, florists and jewelers; veterinary services and family medical clinics; and small locally-run restaurants and food marts. Several businesses consist of automotive support such as gas stations, oil chance and car washes. Professional services are primarily located in executive suites located near Santa Barbara Boulevard. The Quality Inn Hotel & Golf Course located at the southwest corner of Golden Gate Parkway and Collier Boulevard was purchased by Collier County in 2019. A lease agreement was signed with BigShots Golf in May 2021 who planned to redevelop the 165 acres with a 12-hole public golf course and a BigShots entertainment facility. The project has still not yet broke ground. Commercial frontage along the west side of Collier Boulevard south of Green Boulevard is very similar to commercial along Golden Gate Parkway in building size, age and use. The exception is that there is a greater density of national food chains. The second-tier commercial properties, without major road frontage, are developed with single story warehouse-type structures housing service-oriented businesses. Newer commercial development is located along Collier Boulevard where it intersects Pine Ridge Road and Vanderbilt Beach Road. Each intersection has a shopping center anchored by either a Publix or Winn-Dixie supermarket. Out parcel development includes bank branches and gas station/convenience stores and national pharmacies. Commercial development in the rural estates is limited because residents have orchestrated an ongoing effort to prohibit commercial development in the residential areas. The only neighborhood commercial locations are at the intersection of Wilson Boulevard and Golden 6579A Report Market Area Carroll & Carroll 25 Gate Boulevard, Everglades Boulevard and Golden Gate Boulevard, and at Randall Boulevard and Immokalee Road. The Randall Boulevard and Immokalee Road intersection is where the majority of commercial development is occurring. There is a Publix anchored shopping center on the east side of the road. Located along the western curve of Immokalee Road is approximately 50 acres that is current being developed and will be known as Randall at Orangetree. Upon completion, the development will include a 400-unit apartment complex and about 350,000 square feet of commercial space. Industrial Industrial/commercial developments are in the northeast quadrant of I-75 and Collier Boulevard interchange. White Lake Industrial Corp Park is one of Collier County’s three primary industrial parks. The White Lake Industrial Park contains 144.4 acres and is approved for 7.80 acres of commercial and 77 acres of industrial. White Lake consists of newer, good quality flex and warehouse properties and it is home to some of the largest manufacturing facilities within the county. It is approximately 85-90% built-out. City Gate Commerce Center contains 288 acres zoned for 2,950,000 S.F. of commercial, light industry, office, warehouse and distribution. The site has over 3,000 feet of frontage on Collier Boulevard where a gas station, a 102 room Spring Hill Marriott Hotel and a 100 room Fairfield Inn Marriott have been constructed. The Paradise Sports Complex was also recently completed. A developer (Uline) recently completed the development of a 936,950- square-foot Distribution Center on approximately 102.68 acres of land within City Gate. There is also an Amazon Distribution Center near the corner of Davis and Collier Blvd. Medical None of Collier County’s major medical facilities are located within this market area. The only major medical center/hospital servicing this area is the Physicians Regional Medical Center located along Pine Ridge Road, just east of Interstate 75. This is a 201-bed facility and is one of the county's four major medical centers. The hospital offers a 24-hour emergency department that provides a full range of traditional emergency services. An additional NCH emergency room facility was completed at the northeast corner of Collier Boulevard and Immokalee Road. This is a two-story 19 room, state of the art emergency room with additional medical space for practicing physicians. The facility was built to help service the rural estates and all the new residential units being constructed along Collier Boulevard and Immokalee Road. Physicians Regional recently completed a similar facility at the southeast corner to serve all the new residential development along Immokalee Road and the Golden Gates Estates community. Encompass Health Rehabilitation Hospital of Naples is a recently completed 50-bed rehabilitation hospital along Collier Boulevard, north of Vanderbilt Beach Road. 6579A Report Market Area Carroll & Carroll 26 6579A Report Market Area Carroll & Carroll 27 Construction, education, and retail trade dominate the market area business sector. MARKET AREA LIFE CYCLE Market areas often pass through a four-stage life cycle of growth, stability, decline, and revitalization. • Growth – A period during which the market area gains public favor and acceptance. • Stability – A period of equilibrium without marked gains or losses. • Decline – A period of diminishing demand • Revitalization – A period of renewal, redevelopment, modernization and increasing demand. Most of the real estate activity in Golden Gate reflects the growth cycle. The residential and commercial markets continue to be strong. The growth cycle is expected to continue into the near future. Because of the age of the structures, the western portion and the city center are just beginning to experience some revitalization. 6579A Report Market Area Carroll & Carroll 28 CONCLUSION This continues to be one of the most affordable market areas in Collier County. The houses within the city center provide entry level housing and the rural area satisfies the desire for larger lot sizes and rural lifestyle. A well-designed road network provides easy access to jobs serving the coastal community; coastal beaches and water activities; entertainment endeavors; and commercial and medical services. This area appeals to a cross section of the population but primarily to working-class families. Development continues to push north and east where vacant lots still exist. Golden Gate will likely continue to enjoy a healthy growth while maintaining its affordability. 6579A Report Property Information Carroll & Carroll 29 PROPERTY INFORMATION 6579A Report Property Information Carroll & Carroll 30 6579A Report Property Information Carroll & Carroll 31 SITE DESCRIPTION Legal Description The East ½ of the South ½ of the North ½ of the South ½ of the South ½ of the Northeast 1/4 , less the East 35 feet thereof dedicated for road purposes, lying and being in Section 33, Township 49 South, Range 27 East, Collier County, Florida. Property ID# 00344280007 Owner of Record Beverly Jean Murawski Trust Size 212,025 gross square feet or 4.87 gross acres Easements None Shape Rectangular Dimensions 165’x1,285’ Access The subject has legal access, but not currently physical access. The nearest roads are Blackburn Road located 0.56- miles to the south and there is also a cleared sugar sand/dirt road located approximately 0.41 miles north of the subject that extends west from Kam Luck Drive.. Blackburn Road is a one-lane dirt road extending along the northern drainage canal along Interstate 75. However, there is a locked gate located at the southwest corner of the Collier County owned HHH Ranch. Blackburn Road extends east from White Lake Boulevard and extends beyond Kam Luck Drive. Topography The topography is generally level. Ground Cover The property is covered in native vegetation. The property is in its native state and has never been cleared. I was provided with a Conservation Collier Initial Criteria Screening Report HHH Ranch Target Protection Area Parcels dated August 3, 2022 and revised August 26, 2022 and March 8, 2023. The plant communities present on the property include cypress, mixed scrub-shrub wetland, and hydric pine flatwoods. The vegetation within the plant communities includes slash pines, cabbage palms, saw palmetto, muscadine grape, grasses, bare patches of sand, wax myrtle, and cypress. The exotic vegetation includes cogon grass, Caesar weed, melaleuca, rattlebox, Brazilian pepper, and 6579A Report Property Information Carroll & Carroll 32 shrubby false buttonwood. The mixed scrub/shrub wetlands, cypress, and hydric pine flatwoods hold shallow surface water during the wet season. These wet areas provide seasonal habitat for wetland dependent species, especially wading birds. Utilities Electricity is located along Blackburn Road, but it supports the home owned by John and Diana Blackburn, the only residence in the area with electricity. The property is currently serviced by well and septic. Surrounding Land Uses The subject is surrounded to the north, south, east, and west by privately owned vacant Agricultural zoned land. Demographics (2023) 2 mile 5 10 Population 9 11,673 187,028 Households 3 3,825 73,546 Median HH Income $67,500 $77,357 $71,676 Median Home Value $350,000 $338,202 $356,035 Site Improvements None 6579A Report Property Information Carroll & Carroll 33 ENVIRONMENTAL CONTAMINATION Observed Contamination None Noted Concerns None Environmental Assessment Available No Impact on Value None Disclaimer Unless otherwise stated in this report, the existence of hazardous substances or environmental conditions including but not limited to asbestos, polychlorinated biphenyls, petroleum leakage, agricultural chemicals, urea formaldehyde insulation, lead paint, toxic mold, et cetera, which might or might not be present in or on the property were not called to the attention of the appraiser. Such tests were not in the appraiser's required scope of work, the appraiser is not qualified to test for such substances and conditions and the appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any such conditions that might exist, or for the knowledge and expertise required to discover them. 6579A Report Property Information Carroll & Carroll 34 NATURAL RESOURCE CONCERNS Condition of subject The property is in its native state and has never been cleared. I was provided with a Conservation Collier Initial Criteria Screening Report HHH Ranch Target Protection Area Parcels dated August 3, 2022 and revised August 26, 2022 and March 8, 2023. The plant communities present on the property include cypress, mixed scrub-shrub wetland, and hydric pine flatwoods. The vegetation within the plant communities includes slash pines, cabbage palms, saw palmetto, muscadine grape, grasses, bare patches of sand, wax myrtle, and cypress. The exotic vegetation includes cogon grass, Caesar weed, melaleuca, rattlebox, Brazilian pepper, and shrubby false buttonwood. The mixed scrub/shrub wetlands, cypress, and hydric pine flatwoods hold shallow surface water during the wet season. These wet areas provide seasonal habitat for wetland dependent species, especially wading birds. The property/habitat would support the presence of many species including the federally endangered Florida panther, red-cockaded woodpecker, Florida bonneted bat, and state-threatened Florida gopher tortoise and Big Cypress fox squirrel. All plant and animal communities are of interest and concern. To a greater or lesser degree depending on the species and the quality of habitat they occupy, plants and animals inhabiting the property will invoke some level of scrutiny and will result in some cost during the permitting process. Natural Resource Audits Available Yes Impact on Value N/A Disclaimer Specialized natural resource audits were not in the appraiser’s required scope of work, the appraiser is not qualified to conduct such audits and the 6579A Report Property Information Carroll & Carroll 35 appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any extraordinary natural resource concerns, or for the knowledge and expertise required to discover them. 6579A Report Property Information Carroll & Carroll 36 6579A Report Property Information Carroll & Carroll 37 FUTURE LAND USE Ordinance or Plan Collier County Growth Management Plan Future Land Use Designation Rural Fringe Mixed Use District (RFMUD) – Sending Lands and the North Belle Meade Overlay and (NRPA) Natural Resource Protection Area Overlay District Purpose of Designation The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. Sending Lands are those lands within the Rural Fringe Mixed Use District that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. Permitted uses include agricultural uses, detached single family uses at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999, habitat preservation and conservation use, passive parks, sporting and recreational camps, essential services, and oil and gas exploration. Development rights may also be severed from Sending Lands at a maximum rate of 0.2 TDR 6579A Report Property Information Carroll & Carroll 38 (Transfer of Development Rights) credits per acre (1 TDR Credit per five acres). Utilization of TDR Credits and TDR Bonus Credits in Receiving Lands may only occur in whole number increments (fractions are prohibited). In the case of legal nonconforming lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one TDR Credit may be severed from said lot or parcel. North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and I-75 to the south and is unique to the Rural Fringe area because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife, including endangered species. The challenge for the NBM Overlay area is to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBM Overlay area. The property is also located within the Natural Resource Protection Area. The NBM Natural Resource Protection Area (NRPA) includes seven sections of lands and three partial sections or a total of ± 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. This consideration combined with the fragmented ownership pattern and the state’s desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. 6579A Report Property Information Carroll & Carroll 39 6579A Report Property Information Carroll & Carroll 40 ZONING Ordinance or Land Development Code Collier County Zoning “A” – Rural Agricultural District RFMUO – NRPA - NBMO – Sending Rural Fringe Mixed Use District (RFMUO) – Sending Lands and the North Belle Meade Overlay and the property is also designated (NRPA) Natural Resource Protection Area Overlay District Purpose or Intent of Zoning The purpose and intent of the Rural Agricultural District is to provide land for agricultural, pastoral, and rural land uses. In addition, several conditional uses including churches, schools, child care centers, social and fraternal organizations, and group care facilities are available under conditional use provisions. It is also a “holding” classification applied to land the future development of which is uncertain. The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County. In addition, several conditional uses including churches, schools, child care centers, social and fraternal organizations, group care facilities, and earth mining are available under conditional use provisions. It is also a “holding” classification applied to land the future development of which is uncertain. The maximum shall not exceed the density permissible under the density rating system. Below are the development requirements as set forth in the Agricultural Zoning District: Minimum Lot Area: 217,800 square feet or 5.00 acres 6579A Report Property Information Carroll & Carroll 41 Minimum Lot Width: 165 feet Minimum Front Yard Setback: 50 feet minimum Minimum Side Yard Setback: 30 feet Minimum Rear Yard Setback: 50 feet Maximum Building Height: 35 feet The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses, and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: 6579A Report Property Information Carroll & Carroll 42 The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. Copies of pertinent sections of the Comprehensive Plan and Land Development Code are included in the Addendum. 6579A Report Property Information Carroll & Carroll 43 6579A Report Property Information Carroll & Carroll 44 6579A Report Property Information Carroll & Carroll 45 ASSESSMENT AND TAXES By statute, real estate in Florida is assessed at 100% of fair market value as of January 1st of the tax year. Since annual tax assessments are based on sales from previous years, depending upon market trends, assessed values can fall on either side of the current market value estimate. The tax assessment is usually not a reliable indicator of market value. Parcel Tax ID 00344280007 Assessment and Tax Year 2023 Land Assessment $61,606 Improvement Assessment $0 Total Assessment $61,606 10% CAP ($61,070) AG Exemption ($0) Taxable Value $536 Ad Valorem Taxes $5.52 Non- Ad Valorem Taxes $0 Total Taxes $5.52 Taxing Authority/Jurisdiction Collier County The land is assessed at $12,650 per gross acre of land area. The land assessment is within the range of other similar parcels in the area. The assessment is higher than my estimate of market value. As of the appraisal effective date the 2023 taxes have been paid. 6579A Report Property Information Carroll & Carroll 46 FLOOD ZONE DATA Flood Zone AH Flood Zone Comments Zone AH – Areas of 1% annual-chance shallow flooding with a constant water- surface elevation (usually areas of ponding) where average depths are between 1 and 3 feet. Base flood elevations determined. Community Panel Number 12021C0440H Revised May 16, 2012 Source National Flood Insurance Program Flood Insurance Rate Maps 6579A Report Property Information Carroll & Carroll 47 TRANSACTIONAL HISTORY Sales History There have been no transactions or transfers of ownership in the previous three years. CURRENT STATUS Subject Listed for Sale/Under Contract To my knowledge, the subject is not currently listed for sale or under contract. 6579A Report Highest and Best Use Carroll & Carroll 48 HIGHEST AND BEST USE DEFINITION The Dictionary of Real Estate Appraisal, 7th Edition, published 2022 by the Appraisal Institute, defines Highest and Best Use as: The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. METHOD There are four criteria that must be met in order for a use to be the highest and best use for a given property. The highest and best use must be: • Legally permissible. • Physically Possible. • Financially feasible. • Maximally productive. Ordinarily these criteria are considered sequentially, each step narrowing the range of alternative uses being considered. ANALYSIS SITE AS THOUGH VACANT Legally Permissible: Collier County designates this property as “A” – Rural Agricultural District - NRPA – RFMUO – NBMO – Sending, (NRPA) Natural Resource Protection Area Overlay District - Rural Fringe Mixed Use District (RFMUO) – Sending Lands and the North Belle Meade Overlay. Sending Lands are those lands within the Rural Fringe Mixed Use District that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. The zoning ordinance and future land use are consistent in identifying the property for residential uses, varying types of ancillary agricultural uses, habitat preservation and conservation, passive recreational uses, essential services, and oil and gas exploration. The property can be used for agricultural purposes, a maximum of one single family home per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999. The development rights may also be severed from Sending Lands at a maximum rate of 0.2 TDR (Transfer of Development Rights) credits per acre (1 TDR Credit per five acres), with a maximum of 4 TDR Credits. The subject would be entitled to 1 base TDR credit. Bonus TDR credits can also be obtained. The property would also qualify for 1 early entry TDR 6579A Report Highest and Best Use Carroll & Carroll 49 bonus credit. The second bonus credit is the Environmental Restoration and Maintenance Bonus credits which are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has been accepted by the County. Conveyance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land that is conveyed in fee simple to a federal, state, or local government agency as a gift. The subject property would be entitled to a maximum of 3.95 TDR credits. Physically Possible: Assuming there are no significant environmental issues, the subject could be developed as a single-family home site or some type of agricultural operation. The site is served by well and septic systems and there is no electricity. The property has legal access, but not physical access. The location, surrounding land uses, and the size of the property suggest some type of rural agricultural use, single-family use, passive recreational use, or transfer the TDR credits. Financially Feasible: The financial feasibility of single-family residential development is good. The single-family residential market continues to be strong, especially new construction. However, due to the lack of utilities and infrastructure and the requirements within the NRPA overlay, this does not appear to be a financially feasible use. Due to the limited number of locations in Naples for agricultural uses, this is also a financially feasible use. The majority of the current buyers are either land speculators or owner-user who utilize the property for a weekend recreational camp. There is a market for TDR credits. As development continues to move east, the developers of land in the Rural Fringe Mixed Use District will become more reliant on TDRs to increase their density. Collier County had originally established a minimum price of $25,000 per base TDR credit, but that has been eliminated. Therefore, base credits and bonus density credits are sold for any price. I interviewed Parker Kloph, Planner III with the Collier County Growth Management Division with the most recent TDR rates being between $5,000 and $33,000 depending on the motivation of the user. I also interviewed Mark Dhondt, CEO of B&G Land Holdings, who said the price for base TDR credits is approximately $25,000. Based on the recent sales of TDR credits, the highest and best use is to sever and sell the TDR credits and sell the undevelopable land to an owner-user for agricultural or recreational uses. Although it is not an economic use, acquisition of lands in the NRPA area by Collier County is encouraged for habitat preservation and conservation. 6579A Report Highest and Best Use Carroll & Carroll 50 Maximally Productive: The maximally productive use is to sever and sell the TDR credits to possible developers and sell the undevelopable land to an owner-user for agricultural or recreational uses. CONSIDERATION OF APPROACHES Only the sales comparison approach is appropriate for this vacant parcel. 6579A Report Sales Comparison Approach Carroll & Carroll 51 SALES COMPARISON APPROACH INTRODUCTION In the sales comparison approach, the subject property is compared with similar properties that have sold recently or for which listing prices or offering prices are known. Data from generally similar properties is used, and comparisons are made to demonstrate a probable price at which the subject property would sell if offered on the market. This approach is particularly strong when comparable sales data is plentiful and there is good conformity among properties in the neighborhood. Following is the procedure to be followed in developing this approach: 1. Research the market to gather information on sales, listings, and offers to purchase properties similar to the subject. 2. Verify the information as to factual accuracy and arm's-length market considerations. 3. Identify relevant units of comparison and develop a comparative analysis for each unit. 4. Compare the subject with comparable sale properties using elements of comparison and adjust the sale price of each comparable appropriately. 5. Reconcile the various value indicators produced from the analysis of comparables into a single value indication or a range of values. The outline above is developed in detail on the following pages. SALES DATA A search was made for sales of land comparable to the subject site. The intention was to find comparable sales in similar locations that offer similar functional utility. Six closed sales, one pending sale, and one current listing were identified as the best available for analysis. There have been a number sales throughout the North Belle Meade area throughout 2023. All the sales are from B&G Land Holdings, LLC. They purchased 93 parcels from Resource Conservation Properties, Inc. on January 20, 2023 for $100,000. I was able to speak with Mark Dhondt, CEO of B&G Land Holdings, who said that all of the properties have had their base TDR credits severed and therefore have no development rights. B&G Land Holdings has since begun to sell off these parcels for prices ranging from $3,000 to $5,000 per acre throughout 2023. I was able to speak with Michael Adams, Operations Manager with B&G Land Holdings, but due the confidentiality of the sales, he was unable to confirm 6579A Report Sales Comparison Approach Carroll & Carroll 52 the sale prices, and how they were being marketed. Since the sales did not include development rights/TDR credits I elected not to include the sales in my analysis. Price per acre of gross land area was developed as the unit of comparison, since that is the unit best suited to the analysis, and the one most often utilized by local buyers, sellers, and brokers of land similar to the subject parcel. Due to the location and physical characteristics, I elected to bracket the subject within the range indicated by comparables. This is preferable to a conventional adjustment process where the magnitude of adjustments is likely to be great, and there is little support for specific adjustments. Comparable land sales data is given on the following pages. Each comparable is identified by a number which will be used for reference throughout the report. Each comparable is identified on the location map immediately following this page. 6579A Report Sales Comparison Approach Carroll & Carroll 53 LOCATION MAP OF SUBJECT AND VACANT LAND COMPARABLES 6579A Report Sales Comparison Approach Carroll & Carroll 54 VACANT LAND COMPARABLE 1 ADDRESS Kam Luck Drive, Naples, FL 34117 PROPERTY ID NO. 00351560008 SALE PRICE $85,000 UNIT AREA 5.00 acres UNIT PRICE $17,000 per acre DATE OF RECORDING December 27, 2022 O.R. BOOK-PAGE 6202/1431 CONTRACT DATE December 7, 2022 GRANTOR Three Brothers Property, LLC GRANTEE Rafael M. Lancon Garcia and Brenda N. Vallejo-Barrueta FINANCING Cash to seller TOPO-ELEVATION Level and at road grade GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records and SWFLA MLS. The property was listed for $199,999 and was on the market 340 days. The zoning is A- RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579A Report Sales Comparison Approach Carroll & Carroll 55 VACANT LAND COMPARABLE 2 ADDRESS Kam Luck Drive, Naples, FL 34117 PROPERTY ID NO. 00345640002 SALE PRICE $68,000 UNIT AREA 5.00 acres UNIT PRICE $13,600 per acre DATE OF RECORDING April 27, 2022 O.R. BOOK-PAGE 6122/1869 CONTRACT DATE April 22, 2022 GRANTOR Jarunys Casanova GRANTEE Kirk Sanders FINANCING Cash to seller TOPO-ELEVATION Level GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES Sold April 26, 2021 for $48,000. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records and SWFLA MLS. The property was listed for $83,000 and was on the market 310 days. Based on an informal wetland determination the property has 0.40 acres of wetlands. The zoning is A-RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579A Report Sales Comparison Approach Carroll & Carroll 56 VACANT LAND COMPARABLE 3 ADDRESS No Site Address, Naples, FL 34117 PROPERTY ID NO. 32633840003 SALE PRICE $60,000 UNIT AREA 5.10 acres UNIT PRICE $11,765 per acre DATE OF RECORDING December 08, 2022 O.R. BOOK-PAGE 6198/2774 CONTRACT DATE November 13, 2022 GRANTOR Anne Inciardi GRANTEE James Broselle FINANCING Cash to seller TOPO-ELEVATION Level and at road grade. GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records and SWFLA MLS. The parcel was listed for $79,700 and was on the market 269 days. The zoning is A- RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579A Report Sales Comparison Approach Carroll & Carroll 57 VACANT LAND COMPARABLE 4 ADDRESS 3550 Richardson Way, Naples, FL 34117 PROPERTY ID NO. 00342800007 SALE PRICE $120,000 UNIT AREA 9.74 acres UNIT PRICE $12,320 per acre DATE OF RECORDING February 23, 2022 O.R. BOOK-PAGE 6090/3554 CONTRACT DATE January 20, 2022 GRANTOR Compass One Holdings, LLC GRANTEE Naples Weekender, LLC FINANCING Cash to seller TOPO-ELEVATION Level GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified with Rachel Guertin, listing agent. She verified the sale price and the arm's-length transaction. The property was listed for $139,900 and was on the market for 6 days. She said there was considerable interest and it almost got into a multiple offer situation. Verified with Richard Paganes, buyer. He verified the sale price and the arm's-length nature. He bought it along with his son-in-law for a weekend retreat. He felt like the overpaid for the property. The property has legal and physical access through the gate. 6579A Report Sales Comparison Approach Carroll & Carroll 58 VACANT LAND COMPARABLE 5 ADDRESS 3535 Kam Luck Drive, Naples, FL 34117 PROPERTY ID NO. 00346240003 SALE PRICE $45,000 UNIT AREA 5.00 acres UNIT PRICE $9,000 per acre DATE OF RECORDING December 07, 2022 O.R. BOOK-PAGE 6207/326 CONTRACT DATE Unknown GRANTOR Sean Meade Hussey GRANTEE Kirk Sanders FINANCING Cash to seller TOPO-ELEVATION Level and at road grade GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records. The zoning is A-RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579A Report Sales Comparison Approach Carroll & Carroll 59 VACANT LAND COMPARABLE 6 ADDRESS Blackburn Road Extension, Naples, FL 34117 PROPERTY ID NO. 00353560006 SALE PRICE $85,000 UNIT AREA 8.91 acres UNIT PRICE $9,540 per acre DATE OF RECORDING May 26, 2022 O.R. BOOK-PAGE 6150/2356 CONTRACT DATE March 22, 2022 GRANTOR Corina Voulgaris GRANTEE Bernabe Acosta FINANCING Cash to seller TOPO-ELEVATION Level and at road grade. GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records and SWFLA MLS. The parcel was listed for $89,100 and was on the market 4 days. The zoning is A- RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579A Report Sales Comparison Approach Carroll & Carroll 60 VACANT LAND COMPARABLE 7 (PENDING) ADDRESS No Site Address, Naples, FL 34117 PROPERTY ID NO. 32631960008, 32631640001, 32632000006, 32631600009 SALE PRICE $46,000 UNIT AREA 6.80 acres UNIT PRICE $6,765 per acre DATE OF RECORDING November 30, 2023 O.R. BOOK-PAGE 6310/1479 CONTRACT DATE Unknown GRANTOR Madeline Lodato and Victoria Payne GRANTEE Raymond W. Stanton FINANCING Cash to seller TOPO-ELEVATION Level and at road grade GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records. The buyer is the adjacent owner who purchased a number of surrounding parcels throughout 202 3 without development rights. The zoning is A-RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579A Report Sales Comparison Approach Carroll & Carroll 61 VACANT LAND COMPARABLE 8 ADDRESS Kam Luck Drive - Listing, Naples, FL 34117 PROPERTY ID NO. 00346520008 & 00346560000 SALE PRICE $200,000 UNIT AREA 17.00 acres UNIT PRICE $11,765 per acre DATE OF RECORDING N/A O.R. BOOK-PAGE N/A CONTRACT DATE N/A GRANTOR Albert Maturo GRANTEE N/A FINANCING N/A TOPO-ELEVATION Level and at road grade GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified with the listing agent Fred Kermani. He said he has had little interest and no offers. The property is listed for $200,000 and has been on the market 140 days. The zoning is A-RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDRs included) and is eligible for 13.6 TDR credits. The listing price equates to a price of $14,706 per credit. 6579A Report Sales Comparison Approach Carroll & Carroll 62 LAND SALES ADJUSTMENT GRID ITEM SUBJECT COMP #1 COMP #2 COMP #3 COMP #4 COMP #5 COMP #6 COMP #7 COMP #8 PENDING LISTING PROPERTY IDENTIFICATION Murawski Trust Kam Luck Dr.Kam Luck Dr.Broselle Naples 3535 Kam Luck Blackburn Rd.Stanton Kam Luck Dr. Weekender Dr.Extension SALE PRICE N/A $85,000 $68,000 $60,000 $120,000 $45,000 $85,000 $46,000 $200,000 REAL PROPERTY RIGHTS N/A Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple 0 0 0 0 0 0 0 0 CONDITIONS OF SALE Market Market Market Market Market Market Market Adjacent Owner Market 0 0 0 0 0 0 0 0 BUILDING IMPROVEMENTS Cleared None None None None None None None None 0 0 0 0 0 0 0 0 FINANCING Cash or Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Equivalent 0 0 0 0 0 0 0 0 ADJUSTED SALE PRICE N/A $85,000 $68,000 $60,000 $120,000 $45,000 $85,000 $46,000 $200,000 Recording Date N/A 12/27/22 04/27/22 12/08/22 02/23/22 12/07/22 05/26/22 11/20/23 11/20/23 Months Prior To Effective Date 11/20/23 10.78 18.80 11.41 20.87 11.44 17.85 0.00 0.00 MARKET CHANGE ADJUSTMENT N/A 0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% ADJUSTED SALE PRICE N/A $85,000 $68,000 $60,000 $120,000 $45,000 $85,000 $46,000 $200,000 Parcel Area in Gross Acres 4.87 5.00 5.00 5.10 9.74 5.00 8.91 6.80 17.00 PRICE PER ACRE ?$17,000 $13,600 $11,765 $12,320 $9,000 $9,540 $6,765 $11,765 LOCATION ADDRESS N/A Kam Luck Dr.Kam Luck Dr.N/A N/A Kam Luck Dr.Blackburn Rd.N/A Kam Luck Dr. LEGAL ACCESS Yes Yes Yes Yes Yes Yes Yes Yes Yes PHYSICAL ACCESS No Yes Yes Yes Yes No No No Yes OVERALL LOCATION Fair Superior Superior Superior Superior Similar Similar Similar Superior 0%0%0%0%0%0%0%0% UTILITIES Well & Septic Similar Similar Similar Similar Similar Similar Similar Similar No Electric 0%0%0%0%0%0%0%0% COMP. PLAN Sending Similar Similar Similar Similar Similar Similar Similar Similar ZONING A-RFMUO-NRPA Similar Similar Similar Similar Similar Similar Similar Similar NBMO-SENDING 0%0%0%0%0%0%0%0% SIZE IN ACRES 4.87 5.00 5.00 5.10 9.74 5.00 8.91 6.80 17.00 SHAPE/CONFIGURATION Rectangular Similar Similar Similar Similar Similar Similar Similar Similar 0%0%0%0%0%0%0%0% PHYSICAL CHARACTERISTICS Native Veg.Similar Similar Similar Similar Similar Similar Similar Similar 0%0%0%0%0%0%0%0% GROSS ADJUSTMENT N/A 0%0%0%0%0%0%0%0% INDICATION OF UNIT VALUE ?$17,000 $13,600 $11,765 $12,320 $9,000 $9,540 $6,765 $11,765 OVERALL COMPARISON SUPERIOR SUPERIOR SUPERIOR SUPERIOR SIMILAR SIMILAR SIMILAR SUPERIOR 6579A Report Sales Comparison Approach Carroll & Carroll 63 DISCUSSION OF ADJUSTMENTS Usually, comparable sale properties are not exactly like the subject property. If a typical buyer would perceive the difference to be significant, then adjustment(s) must be made to the comparable sales so that in the end each offers a realistic indication of value for the subject. Adjusting comparable sales is a two-step process. First, adjustments are made so that all of the comparable sales meet the standard of a “market” transaction as outlined in the definition of market value. Customarily, the first group of adjustments is made before the comparables are reduced to a common unit of comparison. Included at this stage are adjustments to bring historic sales current to the appraisal effective date. The second group of adjustments is made after an appropriate unit of comparison is chosen. These adjustments account for physical differences like location, physical characteristics and size. Sometimes adjustment is required for differences in the permitted land use (zoning) or in the availability of public service (infrastructure). When the adjustment process is complete, the unit value indications are reconciled and converted into an estimate of value for the subject. REAL PROPERTY RIGHTS CONVEYED This adjustment category is intended to account for the interest, benefits, and rights inherent in the ownership of real estate. This category reflects the impact on value caused by the fee simple versus the leased fee interest or the contract rent as opposed to market rent. • None of the comparable sales required adjustment in this category. CONDITIONS OF SALE This adjustment category is intended to account for a variety of factors that might affect the purchase price. • None of the comparable sales required adjustment in this category. BUILDING IMPROVEMENTS This category of adjustment is intended to account for the positive or negative contribution to value of building improvements included with the sale of the land. Buildings that made a positive contribution to the sale price require a negative adjustment. Buildings that were demolished and removed require a positive adjustment to account for demolition costs which are treated as part of the purchase price. • None of the comparable sales required adjustment in this category. 6579A Report Sales Comparison Approach Carroll & Carroll 64 FINANCING Adjustments in this category are intended to account for unusual terms of financing that are not considered equivalent to cash or conventional financing. • None of the comparable sales required adjustment in this category. MARKET CHANGE This adjustment is intended to account for changes in value due to the ebb and flow of market forces over time. The land market was appreciating and saw the greatest increases from 2021 to 2022. The buyers of the comparable sales include a mix of owner-users, government agencies, and land speculators. The land market has begun to stabilize due to increasing interest rates, the costs associated with mitigation, and the economic instability. The subject property’s remote location reduces the number of buyers for this type of real estate, however entry level land is in demand and there appears to be a market for TDR credits. Comparable 2 sold April 26, 2021 for $48,000 and resold April 27, 2022 for $68,000 indicating a market change rate of 3.47% per month, which appears to be a higher indicator. The market has stabilized since then. The sales utilized in the report range from pending sales to almost 19 months old. Comparing the sale prices from 2022 to current sale prices and listings, it does not appear there has been any market change in the market. Therefore, the sales did not require an adjustment for market change. LOCATION/ACCESS/EXPOSURE This category of adjustment reflects the impact on value caused by the advantages or disadvantages of a given location. • There has been a lack of recent and historical land sales in this area and therefore it was very difficult to extract specific locational adjustments. For this reason, the comparables were bracketed with some being superior, similar, and inferior based on their physical access. UTILITIES/INFRASTRUCTURE This category of adjustment references the availability and adequacy of the road system, the public was distribution system and the public wastewater collection system of each comparable property as that compares with the same services available to the subject property. • None of the comparable sales required adjustment in this category. 6579A Report Sales Comparison Approach Carroll & Carroll 65 COMPREHENSIVE PLAN/LAND USE This category of adjustment accounts for differences in the potential land uses (Comprehensive Plan) or in the specific uses (Zoning) to which a property could be developed. Differences in value between the subject property and comparable sales might exist because their highest and best uses are different as a result of government regulation through zoning and land use controls. • None of the comparables sales required adjustment in this category. SIZE/SHAPE This category of adjustment addresses the effect on the marketability of a given property, because its physical size/shape might limit the physical utility, or because the size and term of the financial investment required of an investor/speculator is such that the unit price is reduced. • The comparables range in size from 5.00 to 17.00 gross acres. Due to the consistent sizes the comparables sales did not require an adjustment, however Comparable 8 is considerably larger than the subject and the other sales. PHYSICAL CHARACTERISTICS This category of adjustment reflects the physical aspects of a property that impact its use for development. Physical characteristics included land elevation, soil conditions, drainage characteristics, threatened or endangered plant and animal species on the property and the extent and density of covering vegetation. • None of the comparables sales required adjustment in this category. 6579A Report Sales Comparison Approach Carroll & Carroll 66 RECAPITULATION OF DATA After making the adjustments discussed above, the comparable sales indicated the following unit values: Comparables Price Per Gross Acre of Land Area 1 $17,000 2 $13,600 3 $11,765 4 $12,320 5 $9,000 6 $9,540 7 $6,765 8 $11,765 RECONCILIATION OF DATA To arrive at a conclusion regarding the value of the subject site, the comparable sales and their indications of value were bracketed. Comparables 1, 2, 3, and 4 are all recent sales of parcels similar to the subject in the North Belle Meade area. All are similar to the subject with the exception of physical access. All are located along dirt roads providing physical access which is superior to the subject that has no physical access. The subject should be less than Comparables 1, 2, 3, and 4 or $11,765 per acre. Comparables 5, 6, and 7 are all similar to the subject in terms of physical access. Although Comparables 5 and 6 have addresses, they do not front along the mentioned roads and therefore have no physical access. Comparables 5 and 6 are most similar in terms of location and therefore were given the greatest consideration. The subject should be similar to Comparables 5 and 6 or $9,000 to $9,540 per acre. Comparable 8 is a current listing of land fronting along Kam Luck Road. This is a superior location with similar physical characteristics. I interviewed the listing agent who said he has had little interest and no offers. Overall, Comparable 8 is superior and the subject should be less than $11,765 per acre. The range of unit value indications is from $6,765 to $17,000 per acre with an average of $11,469 per acre for the comparable sales. The bracketing indicates a range from $6,765 to $11,765 per acre. The subject should be less than Comparable 2 and 8 or $11,765 per acre. The subject is most similar to Comparables 5 and 6, indicating a range from $9,000 to $9,540 per acre. 6579A Report Sales Comparison Approach Carroll & Carroll 67 Based on the range of sales and giving strong consideration to Comparables 5 and 6, I concluded to a unit value of $9,300 per acre. ESTIMATE OF VALUE $9,300 per gross acre results in an indication of value for the subject as of November 20, 2023, of $45,291 (4.87 acres x $9,300 per acre) which rounds to $45,000. CARROLL & CARROLL Timothy W. Sunyog, MAI Cert Gen RZ3288 6579A Report Addenda Carroll & Carroll ADDENDA (In Order of Appearance) Page Topic Count Page(s) Page(s) Assumptions and Limiting Conditions............................................................................ 2 Future Land Use................................................................................................................... 13 Zoning.................................................................................................................................... 16 Qualifications of Appraiser................................................................................................. 2 6579A Report Addenda Carroll & Carroll ASSUMPTIONS AND LIMITING CONDITIONS The certification of the appraiser appearing in this report is subject to the following assumptions and limiting conditions. ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF ALL GENERAL AND EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS None HYPOTHETICAL CONDITIONS None GENERAL ASSUMPTIONS AND LIMITING CONDITIONS 1. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable. 2. The property is appraised free and clear of liens and encumbrances. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is assumed to be true, correct and reliable. A reasonable effort was made to verify such information, but the appraiser bears no responsibility for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material is included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that might be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws. 6579A Report Addenda Carroll & Carroll 8. It is assumed that the property is either in compliance with, or is "grandfathered" or "vested" under, all applicable zoning, use regulations and restrictions. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been, or can be, obtained or renewed for any use on which the value estimate is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment or trespass. 11. It is assumed that the subject site and improvements are not contaminated by any hazardous material or toxic substance. During the property inspection we were sensitive to obvious signs of contamination and we reported anything unusual. However, we are not qualified to render professional opinions regarding the existence or the nature of hazardous materials in or on the subject property. If a definitive opinion is desired, then the client is urged to retain an expert in the field. 12. The distribution of the total value in this report, between land and improvements, applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. 14. Unless previous arrangements were made, the appraisers, by reason of this appraisal, are not required to give further consultation, testimony, or to be in attendance in court. 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to Florida Fish and Wildlife Conservation Commission permits. i. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: a) dairying; b) ranching; c) poultry and egg production; d) milk production; e) livestock raising; and f) animal breeding, raising, training, stabling or kenneling. ii. On parcels less than 20 acres in size, individual property owners are not precluded from the keeping of the following for personal use and not in association with a commercial agricultural activity provided there are no open feed lots: a) Fowl or poultry, not to exceed 25 in total number; and b) Horses and livestock (except for hogs) not to exceed two such animals for each acre. i. Notwithstanding the above, hog(s) may be kept for a 16 week period in preparation for showing and sale at the annual Collier County Fair and/or the Immokalee Livestock show. The following standards shall apply: a) One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program or similar program is permitted. In no case shall there be more than 2 hogs per acre. b) Premises shall be fenced and maintained in a clean, healthful, and sanitary condition. c) Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling unit on an adjacent parcel of land. d) Hog(s) shall not be returned to the property once removed for showing and/or sale. 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: 6579A Report Addenda Carroll & Carroll i. Minimum 20 acre parcel size; ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 5.05.04 8. Communications towers up to specified height, subject to section 5.05.09 9. Essential services, as set forth in section 2.01.03 10. Schools, public, including "Educational plants." b. Accessory uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the A district. 2. Farm labor housing, subject to section 5.05.03 3. Retail sale of fresh, unprocessed agricultural products, grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in section 10.02.03 4. Packinghouse or similar agricultural processing of farm products produced on the property subject to the following restrictions: i. Agricultural packing, processing or similar facilities shall be located on a major or minor arterial street, or shall have access to an arterial street by a public street that does not abut properties zoned RSF-1 thru RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or are residentially used. ii. A buffer yard of not less than 150 feet in width shall be provided along each boundary of the site which abuts any residentially zoned or used property, and shall contain an Alternative B type buffer as defined within section 4.06.00. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and uses identified in subsection 2.03.01 A.1.b. 4 i. above. iii. The facility shall emit no noxious, toxic, or corrosive dust, dirt, fumes, vapors, or gases which can cause damage to human health, to animals or vegetation, or to other forms of property beyond the lot line of the use creating the emission. iv. A site development plan shall be provided in accordance with section 10.02.03 5. Excavation and related processing and production subject to the following criteria: i. The activity is clearly incidental to the agricultural development of the property. ii. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District (SFWMD). iii. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in LDC section 10.08.00 and the Administrative Code. 6. Guesthouses, subject to section 5.03.03 7. Private boathouses and docks on lake, canal or waterway lots, subject to section 5.03.06 8. Use of a mobile home as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following: 6579A Report Addenda Carroll & Carroll i. Receipt of a temporary use permit from the Development Services Director, pursuant to section 5.04.04, that allows for use of a mobile home while a permanent single-family dwelling is being built; ii. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family dwelling, whichever comes first; iii. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and iv. The mobile home must be removed at the termination of the permitted period. 9. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following: i. The applicant shall submit a completed application to the site development review director, or his designee, for approval of a temporary use permit to utilize a mobile home as a residence in conjunction with a bona fide commercial agricultural activity as described in subsection 2.03.01 A.1.2. Included with this application shall be a conceptual plot plan of the subject property depicting the location of the proposed mobile home; the distance of the proposed mobile home to all property lines and existing or proposed structures; and, the location, acreage breakdown, type and any intended phasing plan for the bona fide agricultural activity. ii. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like. iii. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an accessory use. The initial temporary use permit may be issued for a maximum of three years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities. iv. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five acres in size. Any property lying within public road rights-of-way shall not be included in the minimum acreage calculations. v. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-of- way, or 500 feet from any federal highway right-of-way line. 10. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or subdivision master plan for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. NOTE: "Extraction related processing and production" is not related to "Oil extraction and related processing" as defined in this Code. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to Florida Fish and Wildlife Conservation Commission permits. 6579A Report Addenda Carroll & Carroll 6. Wholesale reptile breeding or raising (venomous) subject to the following standards; i. Minimum 20 acre parcel size. ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located at a minimum of 100 feet away from any lot line. 7. Churches. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 5.05.09 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 5.05.04 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: i. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. ii. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. iii. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: i. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. ii. The minimum site area shall not be less than ten acres. iii. Principal access shall be from a street designated collector or higher classification. iv. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. v. The height of raw material storage facilities shall not exceed a height of fifty (50) feet. vi. Hours of operation shall be limited to two (2) hours before sunrise to sunset. vii. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and seventy-five (75) feet for supporting administrative offices and associated parking. 6579A Report Addenda Carroll & Carroll viii. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with eighty (80) percent opacity one (1) year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. ix. The plant should not be located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Environmental Protection (DEP): within the Area of Critical State Concern as depicted on the Future Land Use Map GMP; within 1,000 feet of a natural reservation; or within any County, State or federal jurisdictional wetland area. 23. Cultural, ecological, or recreational facilities that provide opportunities for educational experience, eco-tourism or agri-tourism and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: i. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. ii. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. iii. The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. iv. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. v. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during the conditional use process. vi. Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. vii. Molestation of wildlife, including feeding, shall be prohibited. viii. Vehicles shall comply with state and United States Coast Guard regulations, if applicable. ix. The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the board of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the board of zoning appeals may rescind the conditional use. 24. Agricultural activities on parcels less than 20 acres in size: i. animal breeding, raising, training, stabling, or kenneling. ii. dairying; iii. livestock raising; iv. milk production; v. poultry and egg production; and vi. ranching. 25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards: i. Minimum 20 acre parcel size. ii. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in subsection 2.01.03 G. 6579A Report Addenda Carroll & Carroll 27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 28. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: a) Fighting or baiting any animal by the owner of such facility or any other person or entity. b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. 6579A Report Addenda Carroll & Carroll A. Rural Fringe Mixed-Use District (RFMU District). 1. Purpose and scope. The purpose and intent of the RFMU district is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU district employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU district allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU district. The innovative planning and development techniques which are required and/or encouraged within the RFMU district were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. Establishment of RFMU Zoning Overlay District. In order to implement the RFMU designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The County -wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Community Development Building, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The lands included in the RFMU District and to which this section 2.03.08 apply are depicted by the following map: 6579A Report Addenda Carroll & Carroll b. Exemptions. The requirements of this section shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued prior to June 19, 2002, and projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002, or land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved development s shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMU district as long as they do not result in an increase in development density or intensity. 6579A Report Addenda Carroll & Carroll c. Ordinance superceded. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subject to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU district. 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. Allowable uses where TDR credits have not been severed. (1) Uses Permitted as of Right: (a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). (b) Detached single-family dwelling units, including mobile homes where the mobile home Zoning Overlay exists, (c) Habitat preservation and conservation uses. (d) Passive parks and other passive recreational uses. (e) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. (f) Those essential services identified in section 2.01.03(B). (g) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non-environmental site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (2) Accessory uses. Accessory uses and structures that are accessory and incidental to uses permitted as of right in section 2.03.08 (A)(2)(a)(1) above. (3) Conditional uses. (a) Those essential services identified in section 2.01.03 G.2. (b) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (c) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall 6579A Report Addenda Carroll & Carroll be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. b. Uses allowed where TDR credits have been severed. (1) Uses Permitted as of Right: (a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. (b) Cattle grazing on unimproved pasture where no clearing is required; (c) Detached single-family dwelling units, including mobile homes where the mobile home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. (d) One detached dwelling unit, including mobile homes where the mobile home zoning overlay exists, per lot or parcel in existence as of June 22, 1999, that is less than 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. For the purposes of this provision, a lot or parcel shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: i. the lot or parcel is part of a subdivision that was recorded in the public records of the County on or before June 22, 1999; ii. a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or iii. an agreement for deed for the lot or parcel, which includes description of the lot or parcel by limited fixed boundary, was executed on or before June 22, 1999. (e) Habitat preservation and conservation uses. (f) Passive parks and passive recreational uses. (g) Those essential services identified in section 2.01.03 B. (h) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non-environmental site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 6579A Report Addenda Carroll & Carroll 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (i) Mitigation in conjunction with any County, state, or federal permitting. (2) Conditional uses: (a) Those Essential Uses identified in section 2.01.03 G.2. (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (c) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: i. The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Chapters 3, 4 and 10. ii. Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. c. Density. (1) 1.0 dwelling units per 40 gross acres; or (2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: (a) A lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; (b) A lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 6579A Report Addenda Carroll & Carroll (c) A lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. d. Native vegetation retention. As required in Chapter 4 e. Other dimensional design standards. Dimensional standards set forth in section 4.02.01 of this Code shall apply to all development in Sending designated lands of the RFMU district, except as follows: (1) Lot Area and Width. (a) Minimum lot Area: 40 acres. (b) Minimum lot Width: 300 Feet. (2) Parking. As required in Chapter 4 (3) Landscaping. As required in Chapter 4 (4) Signs. As required in section 5.06.00 5. Specific vegetation standards for the RFMU district. For these specific standards, please refer to section 3.05.07 C. through 3.05.07 E. of this Code. 6579A Report Addenda Carroll & Carroll C. North Belle Meade Overlay District (NBMO). 1. Purpose and intent. The North Belle Meade Overlay (NBMO) is unique to the RFMU district because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2. General location. The NBMO District is surrounded by Golden Gate Estates to the north, east, and west and I-75 to the south. This NBMO comprises some 24 sections of land (approximately 15,550 acres) located entirely within the RFMU District (section 2.03.08 A.). The boundaries of the NBMO District are outlined in Illustration 2.03.08 D.2.A below and on the North Belle Meade Overlay Map in the Future Land Use Element of the GMP. Illustration 2.03.08 D.2.A. 3. Applicability: a. NBMO receiving lands. Permitted, conditional, and accessory uses within NBMO Receiving Lands shall be as set forth in section 2.03.08 (A)(2), except as provided in section 2.03.08 (D)(5). All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Chapters 3, 4 and 10, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in this section. However, all development within NBMO Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in this Code. b. NBMO neutral lands. Except as otherwise specifically provided in section 2.03.08 D.4. and section 2.03.08 D.5.b., all development within NBMO neutral lands shall be consistent with section 2.03.08 A.3. 6579A Report Addenda Carroll & Carroll c. NBMO sending lands. Except as otherwise specifically provided in section 2.03.08 D.4., all development with NBMO Sending Lands shall be consistent with section 2.03.08 A.4. 4. General planning and design considerations: a. Transportation. As a condition for the approval of the residential component of any subdivision plat, site development plan, PUD, or DRI within Sections 21, 28, or 27 of the NBMO, the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion. (1) An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road standards, through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. (2) As an alternative to (1) above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of County transportation staff, to safely serve earth-mining activities with a connection through Sections 32 and 31 to Landfill Road. (3) Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right-of-way shall be of a sufficient size to accommodate collector road requirements. (4) All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 2 above, shall: (a) be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative; and (b) be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. b. Buffering. The western ¼ of Sections 22 and 27 shall be buffered from the NBMO NRPA to the east by a buffer preservation that includes all of the eastern ½ of the western ¼ of Sections 22 and 27. This buffer shall consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. c. Greenway. A Greenway that follows natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As a condition to the creation of TDR credits from NBMO Sending Lands that constitute natural flowways, such lands shall be dedicated to a public or private entity for use as part of the Greenway. 5. Additional specific area provisions. a. Receiving lands. (1) Density. (a) The base density in RFMU receiving lands, outside of a rural village is one dwelling unit per five (5) gross acres. (b) This density may be increased, through TDR credits and TDR Bonus Credits, up to a maximum of 1 dwelling unit per gross acre. (c) Once a density of 1 dwelling unit per gross acre is achieved through TDR credits and TDR Bonus Credits, additional density may be achieved as follows: i. 0.1 dwelling unit per acre for each acre of native vegetation preserved on-site; ii. 0.1 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or 6579A Report Addenda Carroll & Carroll iii. 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occurs by June 19, 2005, or such other date as the GMP is amended to provide: i. an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine operator, for an east - west connector roadway between County Road 951 and the Wilson Boulevard extension; or ii. the mine operator commits to construct a private haul road by June 19, 2007, or such other date as the GMP is amended to provide, without the use of any public funds. (c) If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. (3) A greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a rural village. However, any greenbelt that is provided in a NBMO rural village shall be included in the calculation of open space. (4) NBMO rural village. A NBMO rural village shall adhere to the provisions for rural village set forth in section 2.03.08 (A)(2)(b), except as follows: (a) Density. An NBMO rural village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. i. The minimum required density shall be achieved through TDR credits, TDR Bonus Credits, and Rural Village Bonus credits, as provided in section 2.03.08 A.2.b.(3)(C). ii. Once the minimum required density is achieved, additional density may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combination of the following: a) TDR credits; b) TDR Bonus Credits; c) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-site; d) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or e) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. (b) Sidewalks shall be required on both sides of the streets. (c) Interconnected bike lanes shall be provided on all collector and arterial roadways. (d) Schools shall be located within a NBMO rural village whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co - located with other public facilities and civic structures, such as parks, libraries, community centers, public squares, greens, and civic areas. 6579A Report Addenda Carroll & Carroll (e) Elementary schools shall be accessible by local streets and pedestrian and bicycle facilities and shall be located in or adjacent to the rural village center, provided that local streets provide access adequate to meets the needs of the School Board. b. Neutral lands. Neutral lands shall be governed by the standards set forth in section 2.03.08 (A)(3), with the exception that, in those neutral lands located in Section 24, Township 49 South, Range 26 East, a minimum of 70% of the native vegetation present shall be preserved. (Ord. No. 04-72, § 3.F; Ord. No. 05-27, § 3.E; Ord. No. 05-49, § 3.B; Ord. No. 07-67, § 3.E; Ord. No. 08-08, § 3.C; Ord. No. 12-38, § 3.C) 6579A Report Addenda Carroll & Carroll 6579A Report Addenda Carroll & Carroll APPRAISAL REPORT FOR THE CONSERVATION COLLIER PROGRAM AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT PROPERTY: VOLPE TRUST 8.70 ACRES IN NORTH BELLE MEADE NAPLES, FL 34117 AT THE REQUEST OF: ROOSEVELT LEONARD, R/W-AC SUPERVISOR – REAL PROPERTY MANAGEMENT COLLIER COUNTY FACILITIES MANAGEMENT/REAL PROPERTY 3335 TAMIAMI TRAIL E., STE. 101 NAPLES, FL 34112 ASSIGNMENT NO.: 6579B-TS APPRAISAL EFFECTIVE DATE: NOVEMBER 20, 2023 DATE OF REPORT: DECEMBER 15, 2023 6579B Report Table of Contents Carroll & Carroll Table of Contents SUMMARY OF IMPORTANT DATA AND CONCLUSIONS ......................................................... 1 CONSERVATION FEATURES SUMMARY OVERVIEW ................................................................. 2 CERTIFICATION ..................................................................................................................................... 3 SCOPE OF WORK ................................................................................................................................... 5 ESTATE APPRAISED .............................................................................................................................. 6 DEFINITION OF MARKET VALUE ..................................................................................................... 7 ASSUMED EXPOSURE TIME ................................................................................................................ 7 AREA INFORMATION .......................................................................................................................... 8 MARKET AREA ..................................................................................................................................... 17 PROPERTY INFORMATION ............................................................................................................... 29 SITE DESCRIPTION .......................................................................................................................... 31 ENVIRONMENTAL CONTAMINATION .................................................................................... 33 NATURAL RESOURCE CONCERNS ............................................................................................ 34 ZONING .............................................................................................................................................. 40 ASSESSMENT AND TAXES ............................................................................................................ 45 FLOOD ZONE DATA ....................................................................................................................... 46 TRANSACTIONAL HISTORY ........................................................................................................ 47 CURRENT STATUS ........................................................................................................................... 47 HIGHEST AND BEST USE ................................................................................................................... 48 CONSIDERATION OF APPROACHES ............................................................................................. 50 SALES COMPARISON APPROACH ................................................................................................. 51 LOCATION MAP OF SUBJECT AND VACANT LAND COMPARABLES ............................. 53 VACANT LAND COMPARABLES ................................................................................................ 54 LAND SALES ADJUSTMENT GRID .............................................................................................. 62 ESTIMATE OF VALUE ......................................................................................................................... 67 ADDENDA ............................................................................................................................................. 68 6579B Report Summary of Important Data & Conclusions Carroll & Carroll 1 SUMMARY OF IMPORTANT DATA AND CONCLUSIONS This information is summarized only for convenience. The value given is the final, rounded conclusion of the appraisal. To use this summary without first reading the appraisal report could be misleading. PROPERTY INFORMATION Property Identification Volpe Trust 8.70 Acres in North Belle Meade, Naples, FL 34117 Property Description An 8.70-acre vacant parcel located north of Blackburn Road in the North Belle Meade area in Naples, Florida. Property Type Vacant Land Owner of Record Deloras C. Volpe and Valerie S. Volpe, Trustees of the Deloras C. Volpe Revocable Trust Property ID # 00347120009 CLIENT INFO & VALUE CONCLUSIONS Client Collier County Facilities Management Department Intended Use To assist the Conservation Collier Program and the Collier County Board of County Commissioners. Intended Users Conservation Collier Program and the Collier County Board of County Commissioners. Appraisal Effective Date November 20, 2023 Date of Report December 15, 2023 Date of Inspection November 20, 2023 Purpose of Appraisal Estimate market value “As Is” Estate Appraised Fee Simple Interest Appraised 100% Estimated Market Value $109,000 GENERAL INFO Appraiser Timothy W. Sunyog, MAI State-Certified General Appraiser RZ 3288 Scope of Work All applicable approaches to value were developed. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS None HYPOTHETICAL CONDITIONS None 6579B Report Conservation Summary Overview Carroll & Carroll 2 CONSERVATION FEATURES SUMMARY OVERVIEW Project Name: Volpe Trust Appraisal Project 8.70 Acres in North Belle Meade, Naples, FL 34117 Folio Number & Owner(s) of Record: 00347120009 Deloras C. Volpe and Valerie S. Volpe, Trustees of the Deloras C. Volpe Revocable Trust Zoning/Overlays: “A” – Rural Agricultural District RFMUO – NRPA - NBMO – Sending Rural Fringe Mixed Use District (RFMUO) – (NRPA) Natural Resource Protection Area Overlay District - Sending Lands and the North Belle Meade Overlay Zoning Considerations for TDR’s, PHU, other endangered species: N/A Was the cost to mitigate wetlands or endangered species taken into consideration? Yes, the plant communities present on the property include hydric pine flatwoods. A portion of the property could be mitigated in order to construct a single-family residence. Scope of Proposed Mitigation: N/A Land Area: 8.70 gross acres Access for the Parcel Taken Into Consideration: The subject parcel has legal and physical access. Highest and Best Use: The highest and best use is to sever and sell the TDR credits to potential developers and sell the undevelopable land to an owner-user for agricultural or recreational uses. Date of Estimated Value: November 20, 2023 Estimated Value: $109,000 6579B Report Certification Carroll & Carroll 3 CERTIFICATION I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF: I did not personally inspect the subject property due to its physical location and therefore I relied on aerial photographs and the Conservation Collier Initial Criteria Screening Report. I did however inspect 255.73 acres to the west of the subject property on March 4, 2022, and therefore I am familiar with the access, ground cover, and topography of the area. I did not physically inspect Comparables 1, 2, 3, 4, 5, 6, 7, and 8. The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and our personal, impartial and unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. In the three years immediately prior to acceptance of this assignment I have not performed any services regarding the subject property as appraisers, or in any other capacity. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I am also subject to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute, which includes provisions for peer review. 6579B Report Certification Carroll & Carroll 4 The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. No one other than the undersigned prepared the analyses, opinions and conclusions concerning real estate that are set forth in this report. As of the date of this report, I have completed the requirements of the continuing education program of the State of Florida, and for Designated Members of the Appraisal Institute. CARROLL & CARROLL Timothy W. Sunyog, MAI Cert Gen RZ3288 6579B Report Scope of Work Carroll & Carroll 5 SCOPE OF WORK All applicable approaches to value were developed and the value conclusion reflects all known information about the subject property, market conditions, and available data. The scope of work was: • Reviewed aerial photographs, land use plans, the Land Development Code, the Conservation Collier Initial Criteria Screening Report, an Environmental Assessment, and other documentation. • Reviewed how the property relates to its neighborhood and to the broader market area in development of an opinion of highest and best use. • Researched vacant land comparable sales, listings, and pending sales. • Developed the sales comparison approach. • Estimated the market value of the fee simple estate. • Prepared an appraisal report summarizing the appraisal assignment, the property appraised, the application of the appraisal methodology, and the logical support for the value conclusion. Sources of market data included local and regional MLS systems, CoStar, LoopNet, public records, and interviews with real estate brokers. 6579B Report Estate Appraised Carroll & Carroll 6 ESTATE APPRAISED The estate appraised is the Fee Simple Absolute. For appraisal purposes Fee Simple Absolute is synonymous with Fee Simple. The Dictionary of Real Estate Appraisal, Seventh Edition, published 2022 by the Appraisal Institute, defines Fee Simple Estate as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. We consider easements, but only to the extent that they are known to us. Appraisal of the fee simple means that an improved property is vacant and available to be put to its highest and best use. 6579B Report Definition of Market Value Carroll & Carroll 7 DEFINITION OF MARKET VALUE In United States tax law, the definition of Fair Market Value is found in the United States Supreme Court decision in the Cartwright case: The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts. United States v. Cartwright, 411 U. S. 546, 93 S. Ct. 1713, 1716-17, 36 L. Ed. 2d 528, 73-1 U.S. Tax Case. (CCH) ¶ 12,926 (1973) (quoting from U.S. Treasury regulations relating to Federal estate taxes, at 26 C.F.R. sec. 20.2031-1(b)). ASSUMED EXPOSURE TIME The reasonable exposure time is assumed to have already occurred as of the appraisal effective date. The assumed reasonable exposure time was between 4 and 6 months. 6579B Report Area Analysis Carroll & Carroll 8 AREA INFORMATION COLLIER COUNTY ANALYSIS An analysis of geography, transportation, population, employment, income, and education for Collier County is performed using data provided by Site to Do Business, Florida Office of Economic & Demographic, United States Department of Labor, all recognized source(s). GEOGRAPHY Collier County is the most southerly county on Florida's west coast offering mainland coastal development. Collier County is west of Ft. Lauderdale and south of Tampa. With 2,025 square miles of land area, it is the largest county in Florida. About 63% of the land area is in public ownership, is set aside for environmental preservation, or is scheduled for public land acquisition. The region enjoys a climate that is classified as subtropical. Summers are relatively mild, and winters are usually frost free. A hard freeze is a rarity. The climate, especially in winter, is one that attracts and is enjoyable to most people. The geography of the area runs generally northwest and southeast as indicated by the trend of the coastline. Beaches extend from the northern county line south to Cape Romano and then, as the coastline trends further to the southeast, beaches give over to mangrove islands and swamps. Moving northeastward from the beaches, elevations increase very slowly. Most of the county is less than 15 feet above mean sea level. Although changes in elevation 6579B Report Area Analysis Carroll & Carroll 9 are gradual, they are well defined by variations in vegetation. Much of the county is, or was once, wetland. The once plentiful marine resources are largely depleted, but still provide good sport fishing. Population centers include the coastal communities of Naples, Marco Island and Everglades/Chokoloskee. Immokalee, the single large interior community, is in north Collier County and is the agricultural center of the region. POPULATION “The social forces studied by appraisers primarily relate to population characteristics. The demographic composition of the population reveals the potential demand for real estate, which makes the proper analysis and interpretation of demographic trends important in an appraiser’s analysis.” The total population, it's composition by age and gender, and the rate of household formation and dissolution strongly influence real property values. (The Appraisal of Real Estate 14th Edition) Collier County’s population has continued to increase year after year. The population has increased only 0.1% as of 2022 from 2020. The population forecasts through 2027 calls for a continued steady growth cycle with an estimated 4.4% population growth from 2022 to 2027. 6579B Report Area Analysis Carroll & Carroll 10 Collier County is a popular retirement destination. As of 2022, 55.9% of the County’s residents are over the age of 45. The 2027 forecasts depict an aging community with 56.5% of the population 45 years of age or older. EMPLOYMENT Collier County is a largely service based economy with 32.1% of the employees in the leisure, hospitality, education, and health service industries and 26% in professional, business, financial and other services. Trade, transportation, & utilities along with government jobs account for 36.4% of the County’s employees. Industries such as natural resources/mining, construction, and manufacturing make up only 5.5% of the market. 6579B Report Area Analysis Carroll & Carroll 11 The unemployment rate in Collier County exceeded the state average by a slight margin in the years 2015 and 2016. The unemployment rate then declined through 2020 as the economy improved and, until recently, Collier County’s unemployment rates decreased more rapidly than the state. Top 10 Largest Employers SWFL-2022 Rank Company Employees 1 Lee Health 13595 2 Lee County School District 12936 3 Lee County Local Government 9038 4 Publix 8728 5 NCH Healthcare System 7017 6 Walmart 6516 7 Collier County School District 6422 8 Collier County Government 5000 9 Florida Gulf Coast University 3430 10 Arthrex, Inc 3000 Source: SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE NOTE: * DATA AS RECENT AS 2018 Q3; ** DATA AS RECENT AS 2017 6579B Report Area Analysis Carroll & Carroll 12 INCOME Collier County’s per capita income and median household income levels are higher than state statistics. The most substantial difference between Collier County and the state is the large percentage difference in household incomes above $100,000 where Collier County exceeds the state by over 12%. Collier County's percentage household incomes ranging from $25,000 to $74,999 is slightly lower than the percentage of household incomes in the state, only mirroring that of the state at $75,000 to $99,000, and from there exceeding the percentage of the state. Income levels vary greatly within different areas of Collier County, and so will be discussed in greater detail in the Market Area descriptions. TRANSPORTATION The transportation system reflects local geography, population densities and the primary motivators of tourism, service industry employment, the construction industry, agriculture, and leisure activities. ROADS The earliest roads were coastal, extending from north to south in the early twentieth century with the first settlers. Principal among these is US-41, commonly referred to as the Tamiami Trail because it was built to connect Tampa and Miami. Where it passes through the coastal community US-41 is a four or six lane divided highway with landscaped medians, curb and gutter, streetlights and often with concrete sidewalks. The Trail is the principal coastal arterial and one that defines several important boundaries. Often there is a noticeable land value difference east and west of US-41 because the affluent coastal population prefers to shop and trade close to home. As the highway turns southeast from downtown Naples toward Miami the Trail defines the boundary of the coastal management zone which affects development densities and storm evacuation requirements. The eastern segment of US -41 is a designated national scenic highway popular with tourists, especially during the winter season as they seek adventure in the Everglades. A system of asphalt surfaced arterials, major collectors, minor collectors, and neighborhood streets extend into the urban area east and west from US-41. North-south arterials and major collectors are established about one mile apart. From west to east, these include Goodlette-Frank Road, Airport-Pulling Road, Livingston Road, Santa Barbara Boulevard and Collier Boulevard. The east-west grid is spaced about two miles apart; from north to south being Immokalee Road (CR-864), Vanderbilt Beach Road (CR-862), Pine Ridge Road (CR-896), Golden Gate Parkway (CR-886), Radio Road (CR-856), Davis Boulevard (SR-84), and Rattlesnake Hammock Road (CR-864). Within the urban area all of these are at least 4 lane divided highways. East of Collier Boulevard the road system reflects the economies of scale of Golden Gate Estates subdivision (the Estates) where 102 square miles of rural subdivision is supported by a grid system of paved and unpaved 2 lane streets, with 2 and 4 lane asphalt surfaced 6579B Report Area Analysis Carroll & Carroll 13 major collectors. Golden Gate Boulevard, a 4-lane divided road for five of its eleven miles east of CR-951, is the principal east-west collector. Everglades Boulevard (2 lane and asphalt surfaced) is the north-south major collector extending south from Immokalee Road 14 miles to the grade separation at I-75 where it continues into the Picayune Strand State Forest. Most of the neighborhood streets in Golden Gate Estates are asphalt. Collier County is planning to extend east-west collectors through the Estates along the alignment of Vanderbilt Beach Road and somewhere south of Golden Gate Boulevard. A north-south connection is also planned from the eastern terminus of White Boulevard (Pine Ridge Road) north to Golden Gate Boulevard. Interstate highway 75 (I-75) was extended from north to south through Collier County in the mid-1980s along a flood-proof route about five miles inland. Directly east of the City of Naples I-75 joins the original alignment of State Road 84 (Alligator Alley) connecting with Florida's east coast at Ft. Lauderdale. The coastal community I-75 interchanges are spaced three to four miles apart at Immokalee Road (CR-864), Pine Ridge Road (CR-896), Golden Gate Parkway (CR-886), and at Collier Boulevard/Davis Boulevard (CR-951/SR-84). Twenty- one miles east of the coastal community is an interchange at State Road 29; the last interchange in Collier County. Collier County and the FDOT continue to study the feasibility of an interchange at Everglades Boulevard. The advent of I-75 signaled a change in the relationship of Collier County to the rest of Florida and the United States. While US-41 was the only north-south arterial, Collier County was dominated by the conservative mid-western influences of seasonal residents and somewhat isolated from the larger urban areas of Florida. After the late 1980s, road access to Collier was made much more convenient to the northeast via connections with I -4 and I-95. This had the effect of broadening Collier’s market exposure and it stimulated growth. The extension of I-75 south into Dade County promoted better access for European tourists and made Collier County transient lodging attractive for east coast weekenders. Strategic connections exist where Collier Boulevard and CR-92 extend south and west from US-41 providing access to the City of Marco Island from the greater Naples area and from Florida's east coast, respectively. State Road 29 connects the southwest Florida agricultural center of Immokalee with points north, with the Naples coastal community via CR-846, with the Ft. Myers coastal community via SR-82, and with US-41 at Everglades City which is the western gateway to Everglades National Park and the 10,000 Islands region of Collier's southwest coast. The road transportation system is well planned, well maintained, and operating at acceptable capacity. Ambitious road construction projects undertaken in anticipation of growth projections and funded by impact fees have caught up with development. The road system reflects Collier's position at the southerly limit of development on Florida's west coast. 6579B Report Area Analysis Carroll & Carroll 14 MASS TRANSIT Collier Area Transit (CAT), operated by Collier County Alternative Transportation Modes Department, provides inexpensive alternative transportation throughout the county linking major employment centers of Naples with Marco Island and Immokalee. There are several circulation routes with stops at the County government complex, hospitals, and major shopping establishments. The system accommodates bicycle transport and personal items. The same County department administers the Collier Area Para Transit system which provides subsidized transportation services for the disabled and economically disadvantaged. This is a successful and growing system that connects people with jobs, essential services, and shopping while reducing transportation costs and road congestion. AIRPORTS Collier County is supported by a system of five public airports. Southwest Florida International Airport (RSW) is located in Lee County 25 miles north of Naples; a 45-minute drive via I-75 from the Collier center of population. This facility serves the five county southwest Florida regions offering domestic and international air carrier service. It is modern, convenient, and has planned expansion to keep up with regional growth. Naples Municipal Airport (APF) owned by the City of Naples and operated by the independently constituted Naples Airport Authority which derives its revenue principally from fuel sales. This small airport (about 1 sq. mi.) is located one mile east of downtown Naples. It serves the coastal community and is especially convenient to affluent residents who own private aircraft, to the corporate convention business of the large beachfront hotels, and to essential services like mosquito control, Emergency Medical Services (EMS), the Sheriff’s office, and private air ambulance services. The two paved runways (5/23 @ 5,290’ and 14/32 @ 5,000’) will support jets including the G4 and Challenger series. Naples airport is tower controlled and fully certified for commercial operations and is home to several aircraft charter services and flight training schools. In 2005, Naples Municipal Airport accommodated 163,434 aircraft operations, a record high. Annual operations decreased by nearly 50% from 2005 to 2011. The total operations for 2020 were 104,479, which is a 5.2% increase from the previous year. Due to its downtown location, Naples airport has restricted operations of the noisiest jet aircraft and is at the leading edge of noise abatement measures. The Collier County Airport Authority owns and operates airports at Marco Island, in Everglades City, and at Immokalee. These are primarily funded through fuel sales and hangar leases. Marco Island Airport (MKY) is a very small (64.47 acres) general aviation facility on the mainland four miles northeast of Marco Island. The single paved runway (17/35 @ 5,000') will support light jet traffic. Hanger and ramp space is very limited. Fuel is 6579B Report Area Analysis Carroll & Carroll 15 available. This airport is convenient to Marco Island residents and to the corporate convention business of the Island hotels. Immokalee Regional Airport (IMM) is one mile east of Immokalee and 35 miles by road northeast of Naples. This 2 square mile airport has two paved 5,000-foot runways (18/36 and 09/27) a third diagonal runway is now used as a weekend drag racing strip. The airport is in the Florida Rural Enterprise Zone and a HUB Empowerment Zone. A 60-acre zone in and around the airport is a designated Foreign Trade Zone. To date, the economic potential of this airport is largely unrealized. However, the field is active as a training destination for coastal-based flight schools, it hosts aerial firefighting and crop-dusting operations, and it bases numerous private aircraft. The Everglades Airpark (X01) is a light duty general aviation facility of 29.14 acres that is within walking distance of downtown Everglades City. The single paved strip (15/33 @ 2,400') supports itinerant coastal traffic and half a dozen-based aircraft. Fuel, a comfortable pilot center and bicycles are available. The aviation community Is well supported. The greater Naples area is the beneficiary of the winter season influx of corporate executives and affluent individuals who can afford luxury private jet travel. MARINE TRANSPORTATION There is no deep-water port and no commercial marine activity other than that associated with commercial fishing, charter sport fishing, and the marine towing services that support the pleasure boat industry. The controlling depth to the municipal dock in Naples Bay is six feet at mean low water. The US Coast Guard maintains a dredged and well-marked intracoastal waterway from the head of Naples Bay to Coon Key southeast of Marco Island. Local geography requires vessels northbound from Naples to transit 30 miles of the Gulf of Mexico before returning to the sheltered intracoastal system at Sanibel Island. According to the Marine Industries Association of Collier County, as of early 2018 there were 57,685 registered vessels in Southwest Florida. In 2022, Florida registered over 1 million recreational boats. Seasonally, excursions from Marco Island to Key West and from Ft. Myers Beach to Key West are scheduled daily. EDUCATION The Collier County School District provides public education to about 47,000 students encompassing grades K-12 and employs almost 7,000 people of which 3,200 are teachers. The district has 51 public schools consisting of 31 elementary, 10 middle, 8 high schools, one K-12 (Everglades City School), and 1 virtual school. There are also 12 alternative school programs and two technical colleges, Lorenzo Walker Technical College, and Immokalee Technical College, which offer short term and long-term training to adults and high school students. Between 2015 and 2020, the school district had an overall population growth of more than 6,000 students but recently student population growth has leveled off and slightly 6579B Report Area Analysis Carroll & Carroll 16 decreased. The student population is a diverse culture. 55% of students live in homes where English is not the first language. Students come from 76 different countries of origin and speak 104 different languages. Collier County School District continues to receive an “A” grade by the State of Florida Department of Education. The district and all schools are accredited by the Southern Association of Colleges and Schools Council. Collier County is the leader in Florida in educational technology. It is also a leader in advanced educational programs, offering dual enrollment and Advance Placement courses, Cambridge Advanced International Certificate of Education and Laureate diplomas. Career training is available through 32 career academies. In addition to the public-school system, there are numerous private schools throughout the county. Approximately, 16% of all K-12 students in Collier County are educated in private schools. Collier County is also home to several colleges and accredited universities. Three colleges have campuses in Collier County: Ave Maria University, Keiser University and Florida Southwestern State College (formerly Edison Community College). Ave Maria University is a private catholic university that offers both undergraduate and graduate programs including a law school has around 1,245 students. Keiser University is a private university that offers both undergraduate and graduate programs to over 17,990 students throughout 20 campuses in Florida and an online learning program. Florida Southwestern State College with campuses in Naples, Punta Gorda, and Ft. Myers, offers both two-year and four-year degree programs for 14,714 students. Formerly located in Naples, now in Fort Myers, Hodges University is a private four-year college that offers bachelor’s and master’s degrees in 20 disciplines for around 1,676 students. Nearby Florida Gulf Coast University (located in southern Lee County) is one of the state's fastest growing institutions and home to over 16,000 students. CONCLUSION At the southerly limit of urban development on Florida's west coast, Collier County offers the climate, natural resources, and sporting opportunities to support a superb retirement community. The quality of infrastructure, schools, and social services is what one would expect of such an area. We are experiencing a surge in new development projected to take us through the next several years. In the long term, the attractions of the climate and location, and the stability of fixed-account affluence promise continuing prosperity although probably without the strong emphasis on new development. 6579B Report Market Area Carroll & Carroll 17 MARKET AREA Market Area is defined as: “The geographic region from which a majority of demand comes and in which the majority of competition is located.” (The Dictionary of Real Estate Appraisal 7th Edition) “A market area is defined in terms of the market for a specific category of real estate and thus is the area in which alternative, similar properties effectively compete with the subject property in the minds of probable, potential purchasers and users.” (The Appraisal of Real Estate 15th Edition) A market area includes those surrounding land uses which impact the value of a property and it can encompass one or more neighborhoods or districts. An appraiser focuses on the market area in analyzing subject property value influences. BOUNDARIES The subject property is located within the Golden Gate area of Collier County. For appraisal purposes, the Golden Gate or market area boundaries are shown below: 6579B Report Market Area Carroll & Carroll 18 Introduction The portion of Golden Gate within this market area is approximately 157 square miles in size. Three separate land uses are worth noting. Golden Gate City, which is not incorporated, is a 4-square mile development of high residential density consisting of both single-family and multifamily units. Commercial services for this market area are centralized here. The rural estates consist of approximately 116 square miles and is zoned for estate living. This low-density development serves a rural lifestyle desired by many in the area. A third area, Orange Blossom PUD located on Immokalee Road, is a 4-square mile residential subdivision with commercial support near the Immokalee Road and Randall Boulevard intersection. It is approximately 80% developed with primarily single-family units. Collier County Fairgrounds, a high school, middle school, and elementary school are located here. Demographics for Golden Gate City and rural estates will be discussed separately, where appropriate, Data for Orange Blossom PUD will be included in the rural estate’s demographics. Environmental Influences This area is desired because of mild winter weather and rural lifestyle. Even though it is inland from the coast there is still easy access to miles of beaches. The Naples area is one of the very few in Florida that offers adequate public access to a mainland beach. The subtropical weather allows for year-round recreational opportunities. Boating, swimming, riding ATVs, and camping are popular activities. Bicycling, walking and jogging are supported by an extensive network of connected biking and walking paths. Multiple tennis and pickle ball courts are available, as well as fitness centers. Golden Gate is known for its clean environment and healthy lifestyle. Residents are drawn to the rural estates because of wooded lots, native vegetation and abundance of wildlife. Agriculture uses are permitted; therefore, equestrian activities are common throughout the estates. Golden Gate City is an urban area served by county parks and a biking/walking path network. Governmental Influences This market area, including Golden Gate City, is governed by Collier County Board of County Commissioners which serves as chief legislative body and five constitutional officers: sheriff, clerk of courts, tax collector, supervisor of elections, and property appraiser. County government is managed by a strong county manager structure. Collier County provides services which range from average to high quality. However, Collier County is known for being a difficult county for building and development. The tax burden in Collier County is lower than the national average. 6579B Report Market Area Carroll & Carroll 19 County government has zoning, and comprehensive plan ordinances designed to protect the character and values of property; to protect and enhance economic development; and to maintain and enhance the attractive nature of the area. Public services include fire protection, solid waste disposal, potable water, sanitary sewer service and storm water drainage. In some areas of Golden Gate Estates where sanitary sewer is not available, septic systems are permitted. Public/private companies proved adequate services for electricity, cable, and internet. Community support facilities such as schools, parks, churches, shopping, and places of employment are all located within this market area. Collier County Sheriff Department provides a full range of services for Collier County. According to the 2022 statistics listed by the Collier County Sheriff’s Office, Collier County has one of the lowest crime rates in Florida. The county averages are representative of conditions in the Golden Gate area. This market area is served by several arterial roadways. All are six-lane divided highways with landscaped medians. Improvements include street lighting and concrete curb and gutter. North-south arterial roadways include Santa Barbara Boulevard which connects Rattlesnake Hammock Road to Immokalee Road and Collier Boulevard (SR-951) which is a major arterial linking Marco Island in south Collier County with Immokalee Road near the north county line. Development along Collier Boulevard is a mixture of single/multi-family residential, office, light industrial, institutional, and retail. The Collier Boulevard thoroughfare anchors a grid of arterial roads spaced about 2 miles apart, that serve the greater Naples coastal community which lies to the west and has direct access to I-75. East-west arterials include Golden Gate Parkway, Pine Ridge Road, and Immokalee Road. Each one provides direct access to Interstate I-75. Development along Pine Ridge Road is mainly developed with single family homes and institutional uses. Golden Gate Parkway and Immokalee Roads have a mixture of single/multi-family residential, office, industrial, institutional, and retail uses. Another east-west arterial is Vanderbilt Beach Road which is a direct connection between the Golden Gate area and the Naples beaches. Construction has begun on the Vanderbilt Beach Road Extension, which will be extended to Wilson Boulevard. Interstate I-75, which connects Collier County to both North Florida and Florida’s east coast, serves this entire market area and access is provided by three interchanges. The arterial road system is laid out in a grid pattern that provides adequate traffic flow to all areas of the county. Commercial development exists at every major intersection; but the intersections are designed with proper turns lanes and signaling to provide for adequate 6579B Report Market Area Carroll & Carroll 20 traffic movement. The road network easily handles traffic demand in the off-season, May through December. Traffic more than doubles in January, February, March and April because of seasonal residents and tourists. Even with exceptionally heavy traffic, the road network usually handles peak traffic demand without major delays. The rural estates are served by a grid of residential streets and collector roads. The residential streets, which are two-lane roads with open swales, are located every quarter mile. Most these roads are paved; however, some residential streets located along the eastern edge of this market area have yet to be improved. The residential streets feed into collector roads, which connect to the major arterial highway system. The collector roads include Santa Barbara Boulevard, Golden Gate Boulevard, Wilson Boulevard, Everglades Boulevard, Randall Boulevard and Oil Well Road. They are four to six-lanes in the more populated areas, transitioning to two-lanes in the eastern section of this market area. Public transportation is provided by a county transit bus service. Naples Municipal Airport is located outside the market area but is easily accessed by any resident of the area. The airport is City owned but operated by the independent Naples Airport Authority. It serves private and commercial aviation, as well as aviation related activities. It supports government services, such as, Mosquito Control District and Collier County Sheriff’s aviation unit. Located within the market area is the Paradise Sports Complex developed by Collier County. The 60+ acre site is designed with 19 fields to accommodate football, soccer, field hockey, lacrosse, baseball, and others. There is a 13-acre lake with a beachfront, food-truck area, a market space, a large lawn, a championship stadium with seating capacity for 3,500 and an indoor fieldhouse. The total budget for the project was approximately $80 million dollars. Adjacent to the Paradise Sports Complex will be the proposed Great Wolf Lodge South Florida which is projected to be completed in the spring/summer of 2024. The hotel is situated on 20 acres and will feature 500 family-friendly suites and an expansive 100,000- square-foot indoor water park. Social Influences Golden Gate City is a diverse community of entry level housing. Residents like the small town feel and consider it a safe place to raise a family. Residential is approximately 95% built out. Rural estates are attractive for their quiet country living while being in close proximity to all that the coastal community has to offer. Build out varies in the rural estates from 95% in the western portion of the market area to 40% or less in the southeastern location. Per US Census Bureau forecasts, the 2022 population is 78,769 with a projected growth to 81,893 (0.78% annual growth) by 2027. This area experiences a lower seasonal population increase during the winter months than other areas of Collier County. 6579B Report Market Area Carroll & Carroll 21 The median age is 36.7 with 73.7% of the population being 54 and younger. The median household income is $83,679. 25.6% have a bachelor’s or professional degree and 24.7% have some college education. There is an average degree of community involvement through civic organizations, neighborhood groups, social service organizations and political committees. The Naples cost of living is 11.9% higher than the average cost of living in the United States. Conversely, Florida has a cost of living that is 1% higher than the US average. Of the 25 locations included in the Economic Policy Institute's dataset for Florida, Naples-Marco Island is the 21st most expensive. In Naples, housing is the category with the highest index (21% above national average), while taxes are the category with the lowest index (15% below national average). (Ref. Careertrends.com; cost of living analysis). Golden Gate has some of the highest density of affordable housing units in Collier County, but because of the high cost of living, home values can still be out of reach for many moving into Collier County. One of the main driving forces impacting growth in this area is the quality of schools. This market area has 15 public schools: two high schools, three middle schools, nine elementary schools, and three Charter schools. In addition to the public school system, there are three, faith-based private schools. Economic Influences The population increased 20.07% over the last 12 years or 1,097 people per year. The population is forecasted to increase an additional 3.97% over the next five years for an average of 625 people per year. This trend is consistent with the past twenty years and should continue into the near future as buildout continues along the eastern edge of this market area. The residential population is dominated by working class and young professional residents. Comparatively, incomes within this market area are less than the county average. Development trends: Residential This market area provides a large range in home values from entry level housing to million- dollar estates and is the greatest source of vacant residential lots in the county. Values in Golden Gate City should remain consistent subject only to general market trends. Values in the eastern rural estates will increase as buildout in the units closest to the coast continues. The average home value in the market area is $384,105 which is considerably lower than the County’s average home value of $567,449. The total number of households in the market area is 27,440, of which, 69.9% are owner occupied, 22.8% renter occupied and 7.3% vacant. Vacancy includes seasonal rentals. 6579B Report Market Area Carroll & Carroll 22 6579B Report Market Area Carroll & Carroll 23 6579B Report Market Area Carroll & Carroll 24 Commercial Commercial development can be categorized into four different groups. Primary commercial is in Golden Gate City. Second group is newer construction at the arterial road intersections. Third is neighborhood commercial within the rural estates. Fourth is the industrial commerce park near Collier Boulevard and the I-75 interchange. Golden Gate City is the commercial center serving this market area. Santa Barbara Boulevard, north of Golden Gate Parkway, has a mixture of multi-family residential and commercial along the east side of the road. Commercial consists of older single story, single user buildings and 4 to 8 unit retail plazas. Businesses include daycare/ preschools, neighborhood food mart and gas stations, construction company offices, barber shops and beauty salons and small restaurants. Golden Gate Parkway has a mixture of multi-family and commercial development along both sides of the roadway. Newer commercial consists of CVS and Walgreens, carwashes, bank branches and national fast food restaurants. There are three older shopping centers, anchored by Winn Dixie and by Ace Hardware. Single story commercial structures and strip centers house neighborhood businesses such as barber shops and beauty salons, florists and jewelers; veterinary services and family medical clinics; and small locally-run restaurants and food marts. Several businesses consist of automotive support such as gas stations, oil chance and car washes. Professional services are primarily located in executive suites located near Santa Barbara Boulevard. The Quality Inn Hotel & Golf Course located at the southwest corner of Golden Gate Parkway and Collier Boulevard was purchased by Collier County in 2019. A lease agreement was signed with BigShots Golf in May 2021 who planned to redevelop the 165 acres with a 12-hole public golf course and a BigShots entertainment facility. The project has still not yet broke ground. Commercial frontage along the west side of Collier Boulevard south of Green Boulevard is very similar to commercial along Golden Gate Parkway in building size, age and use. The exception is that there is a greater density of national food chains. The second-tier commercial properties, without major road frontage, are developed with single story warehouse-type structures housing service-oriented businesses. Newer commercial development is located along Collier Boulevard where it intersects Pine Ridge Road and Vanderbilt Beach Road. Each intersection has a shopping center anchored by either a Publix or Winn-Dixie supermarket. Out parcel development includes bank branches and gas station/convenience stores and national pharmacies. Commercial development in the rural estates is limited because residents have orchestrated an ongoing effort to prohibit commercial development in the residential areas. The only neighborhood commercial locations are at the intersection of Wilson Boulevard and Golden 6579B Report Market Area Carroll & Carroll 25 Gate Boulevard, Everglades Boulevard and Golden Gate Boulevard, and at Randall Boulevard and Immokalee Road. The Randall Boulevard and Immokalee Road intersection is where the majority of commercial development is occurring. There is a Publix anchored shopping center on the east side of the road. Located along the western curve of Immokalee Road is approximately 50 acres that is current being developed and will be known as Randall at Orangetree. Upon completion, the development will include a 400-unit apartment complex and about 350,000 square feet of commercial space. Industrial Industrial/commercial developments are in the northeast quadrant of I-75 and Collier Boulevard interchange. White Lake Industrial Corp Park is one of Collier County’s three primary industrial parks. The White Lake Industrial Park contains 144.4 acres and is approved for 7.80 acres of commercial and 77 acres of industrial. White Lake consists of newer, good quality flex and warehouse properties and it is home to some of the largest manufacturing facilities within the county. It is approximately 85-90% built-out. City Gate Commerce Center contains 288 acres zoned for 2,950,000 S.F. of commercial, light industry, office, warehouse and distribution. The site has over 3,000 feet of frontage on Collier Boulevard where a gas station, a 102 room Spring Hill Marriott Hotel and a 100 room Fairfield Inn Marriott have been constructed. The Paradise Sports Complex was also recently completed. A developer (Uline) recently completed the development of a 936,950- square-foot Distribution Center on approximately 102.68 acres of land within City Gate. There is also an Amazon Distribution Center near the corner of Davis and Collier Blvd. Medical None of Collier County’s major medical facilities are located within this market area. The only major medical center/hospital servicing this area is the Physicians Regional Medical Center located along Pine Ridge Road, just east of Interstate 75. This is a 201-bed facility and is one of the county's four major medical centers. The hospital offers a 24-hour emergency department that provides a full range of traditional emergency services. An additional NCH emergency room facility was completed at the northeast corner of Collier Boulevard and Immokalee Road. This is a two-story 19 room, state of the art emergency room with additional medical space for practicing physicians. The facility was built to help service the rural estates and all the new residential units being constructed along Collier Boulevard and Immokalee Road. Physicians Regional recently completed a similar facility at the southeast corner to serve all the new residential development along Immokalee Road and the Golden Gates Estates community. Encompass Health Rehabilitation Hospital of Naples is a recently completed 50-bed rehabilitation hospital along Collier Boulevard, north of Vanderbilt Beach Road. 6579B Report Market Area Carroll & Carroll 26 6579B Report Market Area Carroll & Carroll 27 Construction, education, and retail trade dominate the market area business sector. MARKET AREA LIFE CYCLE Market areas often pass through a four-stage life cycle of growth, stability, decline, and revitalization. • Growth – A period during which the market area gains public favor and acceptance. • Stability – A period of equilibrium without marked gains or losses. • Decline – A period of diminishing demand • Revitalization – A period of renewal, redevelopment, modernization and increasing demand. Most of the real estate activity in Golden Gate reflects the growth cycle. The residential and commercial markets continue to be strong. The growth cycle is expected to continue into the near future. Because of the age of the structures, the western portion and the city center are just beginning to experience some revitalization. 6579B Report Market Area Carroll & Carroll 28 CONCLUSION This continues to be one of the most affordable market areas in Collier County. The houses within the city center provide entry level housing and the rural area satisfies the desire for larger lot sizes and rural lifestyle. A well-designed road network provides easy access to jobs serving the coastal community; coastal beaches and water activities; entertainment endeavors; and commercial and medical services. This area appeals to a cross section of the population but primarily to working-class families. Development continues to push north and east where vacant lots still exist. Golden Gate will likely continue to enjoy a healthy growth while maintaining its affordability. 6579B Report Property Information Carroll & Carroll 29 PROPERTY INFORMATION 6579B Report Property Information Carroll & Carroll 30 6579B Report Property Information Carroll & Carroll 31 SITE DESCRIPTION Legal Description Property ID# 00347120009 Owner of Record Deloras C. Volpe and Valerie S. Volpe, Trustees of the Deloras C. Volpe Revocable Trust Size I was not provided with a boundary survey. The Collier County Property Appraiser reports the subject property to be 370,260 gross square feet or 8.50 gross acres. The legal description taken from the most recent deed describes a parcel that is 379,075 square feet or 8.70 acres or 295’x1,285’. For appraisal purposes, I will rely on the legal description. Easements None Shape Rectangular Dimensions Approximately 295’x1,285’ Access The subject has both legal and physical access. Access is provided from a one-lane dirt road extending along the northern boundary of the property. The dirt road extends west from Kam Luck Drive and extends to Richardson Way. Kam Luck Drive is located approximately 0.75 miles east of the subject. Blackburn Road located 0.95-miles to the south. Blackburn Road is a one-lane dirt road extending along the northern drainage canal along Interstate 75. However, there is a locked gate located at the southwest corner of the Collier County owned HHH Ranch. Blackburn Road extends east from White Lake Boulevard and extends beyond Kam Luck Drive. Topography The topography is generally level. Ground Cover The property is covered in native vegetation. The property is in its native state and has never been cleared. I was provided with a Conservation Collier Initial Criteria Screening Report HHH Ranch Target Protection Area Parcels dated August 3, 2022 and revised August 26, 2022 and March 8, 2023. 6579B Report Property Information Carroll & Carroll 32 The subject is covered in hydric pine flatwoods. The vegetation within the plant communities includes slash pines, cabbage palms, wax myrtle, saw palmetto, grasses, sedges, and herbaceous plants. The exotic vegetation includes cogon grass, Caesar weed, melaleuca, rattlebox, Brazilian pepper, and shrubby false buttonwood. The hydric pine flatwoods hold shallow surface water during the wet season. These wet areas provide seasonal habitat for wetland dependent species, especially wading birds. Utilities Electricity is located along Blackburn Road, but it supports the home owned by John and Diana Blackburn, the only residence in the area with electricity. The property is currently serviced by well and septic. Surrounding Land Uses The subject is surrounded to the north, south, east, and west by privately owned vacant Agricultural zoned land. Demographics (2023) 2 mile 5 10 Population 9 11,673 187,028 Households 3 3,825 73,546 Median HH Income $67,500 $77,357 $71,676 Median Home Value $350,000 $338,202 $356,035 Site Improvements None 6579B Report Property Information Carroll & Carroll 33 ENVIRONMENTAL CONTAMINATION Observed Contamination None Noted Concerns None Environmental Assessment Available No Impact on Value None Disclaimer Unless otherwise stated in this report, the existence of hazardous substances or environmental conditions including but not limited to asbestos, polychlorinated biphenyls, petroleum leakage, agricultural chemicals, urea formaldehyde insulation, lead paint, toxic mold, et cetera, which might or might not be present in or on the property were not called to the attention of the appraiser. Such tests were not in the appraiser's required scope of work, the appraiser is not qualified to test for such substances and conditions and the appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any such conditions that might exist, or for the knowledge and expertise required to discover them. 6579B Report Property Information Carroll & Carroll 34 NATURAL RESOURCE CONCERNS Condition of subject The property is in its native state and has never been cleared. I was provided with a Conservation Collier Initial Criteria Screening Report HHH Ranch Target Protection Area Parcels dated August 3, 2022 and revised August 26, 2022 and March 8, 2023. The subject is covered in hydric pine flatwoods. The vegetation within the plant communities includes slash pines, cabbage palms, wax myrtle, saw palmetto, grasses, sedges, and herbaceous plants. The exotic vegetation includes cogon grass, Caesar weed, melaleuca, rattlebox, Brazilian pepper, and shrubby false buttonwood. The hydric pine flatwoods hold shallow surface water during the wet season. These wet areas provide seasonal habitat for wetland dependent species, especially wading birds. The property/habitat would support the presence of many species including the federally endangered Florida panther, red-cockaded woodpecker, Florida bonneted bat, and state-threatened Florida gopher tortoise and Big Cypress fox squirrel. All plant and animal communities are of interest and concern. To a greater or lesser degree depending on the species and the quality of habitat they occupy, plants and animals inhabiting the property will invoke some level of scrutiny and will result in some cost during the permitting process. Natural Resource Audits Available Yes Impact on Value N/A Disclaimer Specialized natural resource audits were not in the appraiser’s required scope of work, the appraiser is not qualified to conduct such audits and the appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any extraordinary natural resource 6579B Report Property Information Carroll & Carroll 35 concerns, or for the knowledge and expertise required to discover them. 6579B Report Property Information Carroll & Carroll 36 6579B Report Property Information Carroll & Carroll 37 FUTURE LAND USE Ordinance or Plan Collier County Growth Management Plan Future Land Use Designation Rural Fringe Mixed Use District (RFMUD) – Sending Lands and the North Belle Meade Overlay and (NRPA) Natural Resource Protection Area Overlay District Purpose of Designation The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. Sending Lands are those lands within the Rural Fringe Mixed Use District that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. Permitted uses include agricultural uses, detached single family uses at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999, habitat preservation and conservation use, passive parks, sporting and recreational camps, essential services, and oil and gas exploration. Development rights may also be severed from Sending Lands at a maximum rate of 0.2 TDR 6579B Report Property Information Carroll & Carroll 38 (Transfer of Development Rights) credits per acre (1 TDR Credit per five acres). Utilization of TDR Credits and TDR Bonus Credits in Receiving Lands may only occur in whole number increments (fractions are prohibited). In the case of legal nonconforming lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one TDR Credit may be severed from said lot or parcel. North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and I-75 to the south and is unique to the Rural Fringe area because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife, including endangered species. The challenge for the NBM Overlay area is to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBM Overlay area. The property is also located within the Natural Resource Protection Area. The NBM Natural Resource Protection Area (NRPA) includes seven sections of lands and three partial sections or a total of ± 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. This consideration combined with the fragmented ownership pattern and the state’s desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. 6579B Report Property Information Carroll & Carroll 39 6579B Report Property Information Carroll & Carroll 40 ZONING Ordinance or Land Development Code Collier County Zoning “A” – Rural Agricultural District RFMUO – NRPA - NBMO – Sending Rural Fringe Mixed Use District (RFMUO) – Sending Lands and the North Belle Meade Overlay and the property is also designated (NRPA) Natural Resource Protection Area Overlay District Purpose or Intent of Zoning The purpose and intent of the Rural Agricultural District is to provide land for agricultural, pastoral, and rural land uses. In addition, several conditional uses including churches, schools, child care centers, social and fraternal organizations, and group care facilities are available under conditional use provisions. It is also a “holding” classification applied to land the future development of which is uncertain. The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County. In addition, several conditional uses including churches, schools, child care centers, social and fraternal organizations, group care facilities, and earth mining are available under conditional use provisions. It is also a “holding” classification applied to land the future development of which is uncertain. The maximum shall not exceed the density permissible under the density rating system. Below are the development requirements as set forth in the Agricultural Zoning District: Minimum Lot Area: 217,800 square feet or 5.00 acres 6579B Report Property Information Carroll & Carroll 41 Minimum Lot Width: 165 feet Minimum Front Yard Setback: 50 feet minimum Minimum Side Yard Setback: 30 feet Minimum Rear Yard Setback: 50 feet Maximum Building Height: 35 feet The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses, and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: 6579B Report Property Information Carroll & Carroll 42 The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. Copies of pertinent sections of the Comprehensive Plan and Land Development Code are included in the Addendum. 6579B Report Property Information Carroll & Carroll 43 6579B Report Property Information Carroll & Carroll 44 6579B Report Property Information Carroll & Carroll 45 ASSESSMENT AND TAXES By statute, real estate in Florida is assessed at 100% of fair market value as of January 1st of the tax year. Since annual tax assessments are based on sales from previous years, depending upon market trends, assessed values can fall on either side of the current market value estimate. The tax assessment is usually not a reliable indicator of market value. Parcel Tax ID 00347120009 Assessment and Tax Year 2023 Land Assessment $107,525 Improvement Assessment $0 Total Assessment $107,525 10% CAP ($106,590) AG Exemption ($0) Taxable Value $935 Ad Valorem Taxes $9.63 Non- Ad Valorem Taxes $0 Total Taxes $9.63 Taxing Authority/Jurisdiction Collier County The land is assessed at $12,359 per gross acre of land area. The land assessment is within the range of other similar parcels in the area. The assessment is higher than my estimate of market value. As of the appraisal effective date the 2023 taxes have not been paid. 6579B Report Property Information Carroll & Carroll 46 FLOOD ZONE DATA Flood Zone AH Flood Zone Comments Zone AH – Areas of 1% annual-chance shallow flooding with a constant water- surface elevation (usually areas of ponding) where average depths are between 1 and 3 feet. Base flood elevations determined. Community Panel Number 12021C0440H Revised May 16, 2012 Source National Flood Insurance Program Flood Insurance Rate Maps 6579B Report Property Information Carroll & Carroll 47 TRANSACTIONAL HISTORY Sales History On May 12, 2022 Deloras C. Volpe transferred the subject property along with Parcel #00331120002 to Deloras C. Volpe and Valerie S. Volpe, Trustees of the Deloras C. Volpe Revocable Trust as recorded in Official Records Book 6128, Page 3152 of the Public Records of Collier County, Florida. There have been no other transactions or transfers of ownership in the previous three years. CURRENT STATUS Subject Listed for Sale/Under Contract To my knowledge, the subject is not currently listed for sale or under contract. 6579B Report Highest and Best Use Carroll & Carroll 48 HIGHEST AND BEST USE DEFINITION The Dictionary of Real Estate Appraisal, 7th Edition, published 2022 by the Appraisal Institute, defines Highest and Best Use as: The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. METHOD There are four criteria that must be met in order for a use to be the highest and best use for a given property. The highest and best use must be: • Legally permissible. • Physically Possible. • Financially feasible. • Maximally productive. Ordinarily these criteria are considered sequentially, each step narrowing the range of alternative uses being considered. ANALYSIS SITE AS THOUGH VACANT Legally Permissible: Collier County designates this property as “A” – Rural Agricultural District - NRPA – RFMUO – NBMO – Sending, (NRPA) Natural Resource Protection Area Overlay District - Rural Fringe Mixed Use District (RFMUO) – Sending Lands and the North Belle Meade Overlay. Sending Lands are those lands within the Rural Fringe Mixed Use District that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. The zoning ordinance and future land use are consistent in identifying the property for residential uses, varying types of ancillary agricultural uses, habitat preservation and conservation, passive recreational uses, essential services, and oil and gas exploration. The property can be used for agricultural purposes, a maximum of one single family home per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999. The development rights may also be severed from Sending Lands at a maximum rate of 0.2 TDR (Transfer of Development Rights) credits per acre (1 TDR Credit per five acres), with a maximum of 4 TDR Credits. The subject would be entitled to 1 base TDR credit. Bonus TDR credits can also be obtained. The property would also qualify for 1 early entry TDR 6579B Report Highest and Best Use Carroll & Carroll 49 bonus credit. The second bonus credit is the Environmental Restoration and Maintenance Bonus credits which are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has been accepted by the County. Conveyance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land that is conveyed in fee simple to a federal, state, or local government agency as a gift. The subject property would be entitled to a maximum of 6.96 TDR credits. Physically Possible: Assuming there are no significant environmental issues, the subject could be developed as a single-family home site or some type of agricultural operation. The site is served by well and septic systems and there is no electricity. The property has legal access, but not physical access. The location, surrounding land uses, and the size of the property suggest some type of rural agricultural use, single-family use, passive recreational use, or transfer the TDR credits. Financially Feasible: The financial feasibility of single-family residential development is good. The single-family residential market continues to be strong, especially new construction. However, due to the lack of utilities and infrastructure and the requirements within the NRPA overlay, this does not appear to be a financially feasible use. Due to the limited number of locations in Naples for agricultural uses, this is also a financially feasible use. The majority of the current buyers are either land speculators or owner-user who utilize the property for a weekend recreational camp. There is a market for TDR credits. As development continues to move east, the developers of land in the Rural Fringe Mixed Use District will become more reliant on TDRs to increase their density. Collier County had originally established a minimum price of $25,000 per base TDR credit, but that has been eliminated. Therefore, base credits and bonus density credits are sold for any price. I interviewed Parker Kloph, Planner III with the Collier County Growth Management Division with the most recent TDR rates being between $5,000 and $33,000 depending on the motivation of the user. I also interviewed Mark Dhondt, CEO of B&G Land Holdings, who said the price for base TDR credits is approximately $25,000. Based on the recent sales of TDR credits, the highest and best use is to sever and sell the TDR credits and sell the undevelopable land to an owner-user for agricultural or recreational uses. Although it is not an economic use, acquisition of lands in the NRPA area by Collier County is encouraged for habitat preservation and conservation. 6579B Report Highest and Best Use Carroll & Carroll 50 Maximally Productive: The maximally productive use is to sever and sell the TDR credits to possible developers and sell the undevelopable land to an owner-user for agricultural or recreational uses. CONSIDERATION OF APPROACHES Only the sales comparison approach is appropriate for this vacant parcel. 6579B Report Sales Comparison Approach Carroll & Carroll 51 SALES COMPARISON APPROACH INTRODUCTION In the sales comparison approach, the subject property is compared with similar properties that have sold recently or for which listing prices or offering prices are known. Data from generally similar properties is used, and comparisons are made to demonstrate a probable price at which the subject property would sell if offered on the market. This approach is particularly strong when comparable sales data is plentiful and there is good conformity among properties in the neighborhood. Following is the procedure to be followed in developing this approach: 1. Research the market to gather information on sales, listings, and offers to purchase properties similar to the subject. 2. Verify the information as to factual accuracy and arm's-length market considerations. 3. Identify relevant units of comparison and develop a comparative analysis for each unit. 4. Compare the subject with comparable sale properties using elements of comparison and adjust the sale price of each comparable appropriately. 5. Reconcile the various value indicators produced from the analysis of comparables into a single value indication or a range of values. The outline above is developed in detail on the following pages. SALES DATA A search was made for sales of land comparable to the subject site. The intention was to find comparable sales in similar locations that offer similar functional utility. Six closed sales, one pending sale, and one current listing were identified as the best available for analysis. There have been a number sales throughout the North Belle Meade area throughout 2023. All the sales are from B&G Land Holdings, LLC. They purchased 93 parcels from Resource Conservation Properties, Inc. on January 20, 2023 for $100,000. I was able to speak with Mark Dhondt, CEO of B&G Land Holdings, who said that all of the properties have had their base TDR credits severed and therefore have no development rights. B&G Land Holdings has since begun to sell off these parcels for prices ranging from $3,000 to $5,000 per acre throughout 2023. I was able to speak with Michael Adams, Operations Manager with B&G Land Holdings, but due the confidentiality of the sales, he was unable to confirm 6579B Report Sales Comparison Approach Carroll & Carroll 52 the sale prices, and how they were being marketed. Since the sales did not include development rights/TDR credits I elected not to include the sales in my analysis. Price per acre of gross land area was developed as the unit of comparison, since that is the unit best suited to the analysis, and the one most often utilized by local buyers, sellers, and brokers of land similar to the subject parcel. Due to the location and physical characteristics, I elected to bracket the subject within the range indicated by comparables. This is preferable to a conventional adjustment process where the magnitude of adjustments is likely to be great, and there is little support for specific adjustments. Comparable land sales data is given on the following pages. Each comparable is identified by a number which will be used for reference throughout the report. Each comparable is identified on the location map immediately following this page. 6579B Report Sales Comparison Approach Carroll & Carroll 53 LOCATION MAP OF SUBJECT AND VACANT LAND COMPARABLES 6579B Report Sales Comparison Approach Carroll & Carroll 54 VACANT LAND COMPARABLE 1 ADDRESS Kam Luck Drive, Naples, FL 34117 PROPERTY ID NO. 00351560008 SALE PRICE $85,000 UNIT AREA 5.00 acres UNIT PRICE $17,000 per acre DATE OF RECORDING December 27, 2022 O.R. BOOK-PAGE 6202/1431 CONTRACT DATE December 7, 2022 GRANTOR Three Brothers Property, LLC GRANTEE Rafael M. Lancon Garcia and Brenda N. Vallejo-Barrueta FINANCING Cash to seller TOPO-ELEVATION Level and at road grade GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records and SWFLA MLS. The property was listed for $199,999 and was on the market 340 days. The zoning is A- RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579B Report Sales Comparison Approach Carroll & Carroll 55 VACANT LAND COMPARABLE 2 ADDRESS Kam Luck Drive, Naples, FL 34117 PROPERTY ID NO. 00345640002 SALE PRICE $68,000 UNIT AREA 5.00 acres UNIT PRICE $13,600 per acre DATE OF RECORDING April 27, 2022 O.R. BOOK-PAGE 6122/1869 CONTRACT DATE April 22, 2022 GRANTOR Jarunys Casanova GRANTEE Kirk Sanders FINANCING Cash to seller TOPO-ELEVATION Level GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES Sold April 26, 2021 for $48,000. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records and SWFLA MLS. The property was listed for $83,000 and was on the market 310 days. Based on an informal wetland determination the property has 0.40 acres of wetlands. The zoning is A-RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579B Report Sales Comparison Approach Carroll & Carroll 56 VACANT LAND COMPARABLE 3 ADDRESS No Site Address, Naples, FL 34117 PROPERTY ID NO. 32633840003 SALE PRICE $60,000 UNIT AREA 5.10 acres UNIT PRICE $11,765 per acre DATE OF RECORDING December 08, 2022 O.R. BOOK-PAGE 6198/2774 CONTRACT DATE November 13, 2022 GRANTOR Anne Inciardi GRANTEE James Broselle FINANCING Cash to seller TOPO-ELEVATION Level and at road grade. GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records and SWFLA MLS. The parcel was listed for $79,700 and was on the market 269 days. The zoning is A- RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579B Report Sales Comparison Approach Carroll & Carroll 57 VACANT LAND COMPARABLE 4 ADDRESS 3550 Richardson Way, Naples, FL 34117 PROPERTY ID NO. 00342800007 SALE PRICE $120,000 UNIT AREA 9.74 acres UNIT PRICE $12,320 per acre DATE OF RECORDING February 23, 2022 O.R. BOOK-PAGE 6090/3554 CONTRACT DATE January 20, 2022 GRANTOR Compass One Holdings, LLC GRANTEE Naples Weekender, LLC FINANCING Cash to seller TOPO-ELEVATION Level GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified with Rachel Guertin, listing agent. She verified the sale price and the arm's-length transaction. The property was listed for $139,900 and was on the market for 6 days. She said there was considerable interest and it almost got into a multiple offer situation. Verified with Richard Paganes, buyer. He verified the sale price and the arm's-length nature. He bought it along with his son-in-law for a weekend retreat. He felt like the overpaid for the property. The property has legal and physical access through the gate. 6579B Report Sales Comparison Approach Carroll & Carroll 58 VACANT LAND COMPARABLE 5 ADDRESS 3535 Kam Luck Drive, Naples, FL 34117 PROPERTY ID NO. 00346240003 SALE PRICE $45,000 UNIT AREA 5.00 acres UNIT PRICE $9,000 per acre DATE OF RECORDING December 07, 2022 O.R. BOOK-PAGE 6207/326 CONTRACT DATE Unknown GRANTOR Sean Meade Hussey GRANTEE Kirk Sanders FINANCING Cash to seller TOPO-ELEVATION Level and at road grade GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records. The zoning is A-RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579B Report Sales Comparison Approach Carroll & Carroll 59 VACANT LAND COMPARABLE 6 ADDRESS Blackburn Road Extension, Naples, FL 34117 PROPERTY ID NO. 00353560006 SALE PRICE $85,000 UNIT AREA 8.91 acres UNIT PRICE $9,540 per acre DATE OF RECORDING May 26, 2022 O.R. BOOK-PAGE 6150/2356 CONTRACT DATE March 22, 2022 GRANTOR Corina Voulgaris GRANTEE Bernabe Acosta FINANCING Cash to seller TOPO-ELEVATION Level and at road grade. GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records and SWFLA MLS. The parcel was listed for $89,100 and was on the market 4 days. The zoning is A- RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579B Report Sales Comparison Approach Carroll & Carroll 60 VACANT LAND COMPARABLE 7 (PENDING) ADDRESS No Site Address, Naples, FL 34117 PROPERTY ID NO. 32631960008, 32631640001, 32632000006, 32631600009 SALE PRICE $46,000 UNIT AREA 6.80 acres UNIT PRICE $6,765 per acre DATE OF RECORDING November 30, 2023 O.R. BOOK-PAGE 6310/1479 CONTRACT DATE Unknown GRANTOR Madeline Lodato and Victoria Payne GRANTEE Raymond W. Stanton FINANCING Cash to seller TOPO-ELEVATION Level and at road grade GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified through Public Records. The buyer is the adjacent owner who purchased a number of surrounding parcels throughout 202 3 without development rights. The zoning is A-RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDR's included). 6579B Report Sales Comparison Approach Carroll & Carroll 61 VACANT LAND COMPARABLE 8 ADDRESS Kam Luck Drive - Listing, Naples, FL 34117 PROPERTY ID NO. 00346520008 & 00346560000 SALE PRICE $200,000 UNIT AREA 17.00 acres UNIT PRICE $11,765 per acre DATE OF RECORDING N/A O.R. BOOK-PAGE N/A CONTRACT DATE N/A GRANTOR Albert Maturo GRANTEE N/A FINANCING N/A TOPO-ELEVATION Level and at road grade GROUND COVER Native Vegetation LAND USE DESIGNATION Sending Lands ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION Lengthy legal description retained in appraiser's file. VERIFICATION Verified with the listing agent Fred Kermani. He said he has had little interest and no offers. The property is listed for $200,000 and has been on the market 140 days. The zoning is A-RFMUO-NRPA-NBMO-SENDING. The parcel included development rights (TDRs included) and is eligible for 13.6 TDR credits. The listing price equates to a price of $14,706 per credit. 6579B Report Sales Comparison Approach Carroll & Carroll 62 LAND SALES ADJUSTMENT GRID ITEM SUBJECT COMP #1 COMP #2 COMP #3 COMP #4 COMP #5 COMP #6 COMP #7 COMP #8 PENDING LISTING PROPERTY IDENTIFICATION Volpe Trust Kam Luck Dr.Kam Luck Dr.Broselle Naples 3535 Kam Luck Blackburn Rd.Stanton Kam Luck Dr. Weekender Dr.Extension SALE PRICE N/A $85,000 $68,000 $60,000 $120,000 $45,000 $85,000 $46,000 $200,000 REAL PROPERTY RIGHTS N/A Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple 0 0 0 0 0 0 0 0 CONDITIONS OF SALE Market Market Market Market Market Market Market Adjacent Owner Market 0 0 0 0 0 0 0 0 BUILDING IMPROVEMENTS Cleared None None None None None None None None 0 0 0 0 0 0 0 0 FINANCING Cash or Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Equivalent 0 0 0 0 0 0 0 0 ADJUSTED SALE PRICE N/A $85,000 $68,000 $60,000 $120,000 $45,000 $85,000 $46,000 $200,000 Recording Date N/A 12/27/22 04/27/22 12/08/22 02/23/22 12/07/22 05/26/22 11/20/23 11/20/23 Months Prior To Effective Date 11/20/23 10.78 18.80 11.41 20.87 11.44 17.85 0.00 0.00 MARKET CHANGE ADJUSTMENT N/A 0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% ADJUSTED SALE PRICE N/A $85,000 $68,000 $60,000 $120,000 $45,000 $85,000 $46,000 $200,000 Parcel Area in Gross Acres 8.70 5.00 5.00 5.10 9.74 5.00 8.91 6.80 17.00 PRICE PER ACRE ?$17,000 $13,600 $11,765 $12,320 $9,000 $9,540 $6,765 $11,765 LOCATION ADDRESS N/A Kam Luck Dr.Kam Luck Dr.N/A N/A Kam Luck Dr.Blackburn Rd.N/A Kam Luck Dr. LEGAL ACCESS Yes Yes Yes Yes Yes Yes Yes Yes Yes PHYSICAL ACCESS Yes Yes Yes Yes Yes No No No Yes OVERALL LOCATION Average Similar Similar Similar Similar Inferior Inferior Inferior Similar 0%0%0%0%0%0%0%0% UTILITIES Well & Septic Similar Similar Similar Similar Similar Similar Similar Similar No Electric 0%0%0%0%0%0%0%0% COMP. PLAN Sending Similar Similar Similar Similar Similar Similar Similar Similar ZONING A-RFMUO-NRPA Similar Similar Similar Similar Similar Similar Similar Similar NBMO-SENDING 0%0%0%0%0%0%0%0% SIZE IN ACRES 8.70 5.00 5.00 5.10 9.74 5.00 8.91 6.80 17.00 SHAPE/CONFIGURATION Rectangular Similar Similar Similar Similar Similar Similar Similar Similar 0%0%0%0%0%0%0%0% PHYSICAL CHARACTERISTICS Native Veg.Similar Similar Similar Similar Similar Similar Similar Similar 0%0%0%0%0%0%0%0% GROSS ADJUSTMENT N/A 0%0%0%0%0%0%0%0% INDICATION OF UNIT VALUE ?$17,000 $13,600 $11,765 $12,320 $9,000 $9,540 $6,765 $11,765 OVERALL COMPARISON SIMILAR SIMILAR SIMILAR SIMILAR INFERIOR INFERIOR INFERIOR INFERIOR 6579B Report Sales Comparison Approach Carroll & Carroll 63 DISCUSSION OF ADJUSTMENTS Usually, comparable sale properties are not exactly like the subject property. If a typical buyer would perceive the difference to be significant, then adjustment(s) must be made to the comparable sales so that in the end each offers a realistic indication of value for the subject. Adjusting comparable sales is a two-step process. First, adjustments are made so that all of the comparable sales meet the standard of a “market” transaction as outlined in the definition of market value. Customarily, the first group of adjustments is made before the comparables are reduced to a common unit of comparison. Included at this stage are adjustments to bring historic sales current to the appraisal effective date. The second group of adjustments is made after an appropriate unit of comparison is chosen. These adjustments account for physical differences like location, physical characteristics and size. Sometimes adjustment is required for differences in the permitted land use (zoning) or in the availability of public service (infrastructure). When the adjustment process is complete, the unit value indications are reconciled and converted into an estimate of value for the subject. REAL PROPERTY RIGHTS CONVEYED This adjustment category is intended to account for the interest, benefits, and rights inherent in the ownership of real estate. This category reflects the impact on value caused by the fee simple versus the leased fee interest or the contract rent as opposed to market rent. • None of the comparable sales required adjustment in this category. CONDITIONS OF SALE This adjustment category is intended to account for a variety of factors that might affect the purchase price. • None of the comparable sales required adjustment in this category. BUILDING IMPROVEMENTS This category of adjustment is intended to account for the positive or negative contribution to value of building improvements included with the sale of the land. Buildings that made a positive contribution to the sale price require a negative adjustment. Buildings that were demolished and removed require a positive adjustment to account for demolition costs which are treated as part of the purchase price. • None of the comparable sales required adjustment in this category. 6579B Report Sales Comparison Approach Carroll & Carroll 64 FINANCING Adjustments in this category are intended to account for unusual terms of financing that are not considered equivalent to cash or conventional financing. • None of the comparable sales required adjustment in this category. MARKET CHANGE This adjustment is intended to account for changes in value due to the ebb and flow of market forces over time. The land market was appreciating and saw the greatest increases from 2021 to 2022. The buyers of the comparable sales include a mix of owner-users, government agencies, and land speculators. The land market has begun to stabilize due to increasing interest rates, the costs associated with mitigation, and the economic instability. The subject property’s remote location reduces the number of buyers for this type of real estate, however entry level land is in demand and there appears to be a market for TDR credits. Comparable 2 sold April 26, 2021 for $48,000 and resold April 27, 2022 for $68,000 indicating a market change rate of 3.47% per month, which appears to be a higher indicator. The market has stabilized since then. The sales utilized in the report range from pending sales to almost 19 months old. Comparing the sale prices from 2022 to current sale prices and listings, it does not appear there has been any market change in the market. Therefore, the sales did not require an adjustment for market change. LOCATION/ACCESS/EXPOSURE This category of adjustment reflects the impact on value caused by the advantages or disadvantages of a given location. • There has been a lack of recent and historical land sales in this area and therefore it was very difficult to extract specific locational adjustments. For this reason, the comparables were bracketed with some being superior, similar, and inferior based on their physical access. UTILITIES/INFRASTRUCTURE This category of adjustment references the availability and adequacy of the road system, the public was distribution system and the public wastewater collection system of each comparable property as that compares with the same services available to the subject property. • None of the comparable sales required adjustment in this category. 6579B Report Sales Comparison Approach Carroll & Carroll 65 COMPREHENSIVE PLAN/LAND USE This category of adjustment accounts for differences in the potential land uses (Comprehensive Plan) or in the specific uses (Zoning) to which a property could be developed. Differences in value between the subject property and comparable sales might exist because their highest and best uses are different as a result of government regulation through zoning and land use controls. • None of the comparables sales required adjustment in this category. SIZE/SHAPE This category of adjustment addresses the effect on the marketability of a given property, because its physical size/shape might limit the physical utility, or because the size and term of the financial investment required of an investor/speculator is such that the unit price is reduced. • The comparables range in size from 5.00 to 17.00 gross acres. Due to the consistent sizes the comparables sales did not require an adjustment, however Comparable 8 is considerably larger than the subject and the other sales. PHYSICAL CHARACTERISTICS This category of adjustment reflects the physical aspects of a property that impact its use for development. Physical characteristics included land elevation, soil conditions, drainage characteristics, threatened or endangered plant and animal species on the property and the extent and density of covering vegetation. • None of the comparables sales required adjustment in this category. 6579B Report Sales Comparison Approach Carroll & Carroll 66 RECAPITULATION OF DATA After making the adjustments discussed above, the comparable sales indicated the following unit values: Comparables Price Per Gross Acre of Land Area 1 $17,000 2 $13,600 3 $11,765 4 $12,320 5 $9,000 6 $9,540 7 $6,765 8 $11,765 RECONCILIATION OF DATA To arrive at a conclusion regarding the value of the subject site, the comparable sales and their indications of value were bracketed. Comparables 1, 2, 3, and 4 are all recent sales of parcels similar to the subject in the North Belle Meade area and all have similar physical access. The subject should be similar to Comparables 1, 2, 3, and 4 or in the $11,765 to $17,000 per acre range. Comparables 5, 6, and 7 are all inferior to the subject in terms of physical access and therefore the subject’s unit value should be higher than $9,540 per acre. Comparable 8 is a current listing of land fronting along Kam Luck Road. This is a similar location with similar physical characteristics. I interviewed the listing agent who said he has had little interest and no offers. Overall, Comparable 8 is similar, but the size of the parcel is considerably larger and therefore the subject’s unit value should be similar or slightly higher than $11,765 per acre. The range of unit value indications is from $6,765 to $17,000 per acre with an average of $11,469 per acre for the comparable sales. The bracketing indicates a range from $9,540 to $17,000 per acre. The subject is most similar to Comparables 1, 2, 3, and 4. The average of the four sales is $13,671 per acre. Comparable 1 is an outlier in the group and the average of Comparables 2, 3, and 4 is $12,562 per acre. Based on the range of sales and giving strong consideration to Comparables 2, 3, and 4, I concluded to a unit value of $12,500 per acre. 6579B Report Sales Comparison Approach Carroll & Carroll 67 ESTIMATE OF VALUE $12,500 per gross acre results in an indication of value for the subject as of November 20, 2023, of $108,750 (8.70 acres x $12,500 per acre) which rounds to $109,000. CARROLL & CARROLL Timothy W. Sunyog, MAI Cert Gen RZ3288 6579B Report Addenda Carroll & Carroll ADDENDA (In Order of Appearance) Page Topic Count Page(s) Page(s) Assumptions and Limiting Conditions............................................................................ 2 Future Land Use................................................................................................................... 13 Zoning.................................................................................................................................... 16 Qualifications of Appraiser................................................................................................. 2 6579B Report Addenda Carroll & Carroll ASSUMPTIONS AND LIMITING CONDITIONS The certification of the appraiser appearing in this report is subject to the following assumptions and limiting conditions. ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF ALL GENERAL AND EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS None HYPOTHETICAL CONDITIONS None GENERAL ASSUMPTIONS AND LIMITING CONDITIONS 1. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable. 2. The property is appraised free and clear of liens and encumbrances. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is assumed to be true, correct and reliable. A reasonable effort was made to verify such information, but the appraiser bears no responsibility for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material is included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that might be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws. 6579B Report Addenda Carroll & Carroll 8. It is assumed that the property is either in compliance with, or is "grandfathered" or "vested" under, all applicable zoning, use regulations and restrictions. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been, or can be, obtained or renewed for any use on which the value estimate is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment or trespass. 11. It is assumed that the subject site and improvements are not contaminated by any hazardous material or toxic substance. During the property inspection we were sensitive to obvious signs of contamination and we reported anything unusual. However, we are not qualified to render professional opinions regarding the existence or the nature of hazardous materials in or on the subject property. If a definitive opinion is desired, then the client is urged to retain an expert in the field. 12. The distribution of the total value in this report, between land and improvements, applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. 14. Unless previous arrangements were made, the appraisers, by reason of this appraisal, are not required to give further consultation, testimony, or to be in attendance in court. 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to Florida Fish and Wildlife Conservation Commission permits. i. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: a) dairying; b) ranching; c) poultry and egg production; d) milk production; e) livestock raising; and f) animal breeding, raising, training, stabling or kenneling. ii. On parcels less than 20 acres in size, individual property owners are not precluded from the keeping of the following for personal use and not in association with a commercial agricultural activity provided there are no open feed lots: a) Fowl or poultry, not to exceed 25 in total number; and b) Horses and livestock (except for hogs) not to exceed two such animals for each acre. i. Notwithstanding the above, hog(s) may be kept for a 16 week period in preparation for showing and sale at the annual Collier County Fair and/or the Immokalee Livestock show. The following standards shall apply: a) One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program or similar program is permitted. In no case shall there be more than 2 hogs per acre. b) Premises shall be fenced and maintained in a clean, healthful, and sanitary condition. c) Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling unit on an adjacent parcel of land. d) Hog(s) shall not be returned to the property once removed for showing and/or sale. 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: 6579B Report Addenda Carroll & Carroll i. Minimum 20 acre parcel size; ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 5.05.04 8. Communications towers up to specified height, subject to section 5.05.09 9. Essential services, as set forth in section 2.01.03 10. Schools, public, including "Educational plants." b. Accessory uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the A district. 2. Farm labor housing, subject to section 5.05.03 3. Retail sale of fresh, unprocessed agricultural products, grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in section 10.02.03 4. Packinghouse or similar agricultural processing of farm products produced on the property subject to the following restrictions: i. Agricultural packing, processing or similar facilities shall be located on a major or minor arterial street, or shall have access to an arterial street by a public street that does not abut properties zoned RSF-1 thru RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or are residentially used. ii. A buffer yard of not less than 150 feet in width shall be provided along each boundary of the site which abuts any residentially zoned or used property, and shall contain an Alternative B type buffer as defined within section 4.06.00. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and uses identified in subsection 2.03.01 A.1.b. 4 i. above. iii. The facility shall emit no noxious, toxic, or corrosive dust, dirt, fumes, vapors, or gases which can cause damage to human health, to animals or vegetation, or to other forms of property beyond the lot line of the use creating the emission. iv. A site development plan shall be provided in accordance with section 10.02.03 5. Excavation and related processing and production subject to the following criteria: i. The activity is clearly incidental to the agricultural development of the property. ii. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District (SFWMD). iii. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in LDC section 10.08.00 and the Administrative Code. 6. Guesthouses, subject to section 5.03.03 7. Private boathouses and docks on lake, canal or waterway lots, subject to section 5.03.06 8. Use of a mobile home as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following: 6579B Report Addenda Carroll & Carroll i. Receipt of a temporary use permit from the Development Services Director, pursuant to section 5.04.04, that allows for use of a mobile home while a permanent single-family dwelling is being built; ii. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family dwelling, whichever comes first; iii. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and iv. The mobile home must be removed at the termination of the permitted period. 9. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following: i. The applicant shall submit a completed application to the site development review director, or his designee, for approval of a temporary use permit to utilize a mobile home as a residence in conjunction with a bona fide commercial agricultural activity as described in subsection 2.03.01 A.1.2. Included with this application shall be a conceptual plot plan of the subject property depicting the location of the proposed mobile home; the distance of the proposed mobile home to all property lines and existing or proposed structures; and, the location, acreage breakdown, type and any intended phasing plan for the bona fide agricultural activity. ii. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like. iii. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an accessory use. The initial temporary use permit may be issued for a maximum of three years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities. iv. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five acres in size. Any property lying within public road rights-of-way shall not be included in the minimum acreage calculations. v. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-of- way, or 500 feet from any federal highway right-of-way line. 10. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or subdivision master plan for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. NOTE: "Extraction related processing and production" is not related to "Oil extraction and related processing" as defined in this Code. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to Florida Fish and Wildlife Conservation Commission permits. 6579B Report Addenda Carroll & Carroll 6. Wholesale reptile breeding or raising (venomous) subject to the following standards; i. Minimum 20 acre parcel size. ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located at a minimum of 100 feet away from any lot line. 7. Churches. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 5.05.09 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 5.05.04 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: i. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. ii. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. iii. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: i. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. ii. The minimum site area shall not be less than ten acres. iii. Principal access shall be from a street designated collector or higher classification. iv. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. v. The height of raw material storage facilities shall not exceed a height of fifty (50) feet. vi. Hours of operation shall be limited to two (2) hours before sunrise to sunset. vii. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and seventy-five (75) feet for supporting administrative offices and associated parking. 6579B Report Addenda Carroll & Carroll viii. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with eighty (80) percent opacity one (1) year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. ix. The plant should not be located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Environmental Protection (DEP): within the Area of Critical State Concern as depicted on the Future Land Use Map GMP; within 1,000 feet of a natural reservation; or within any County, State or federal jurisdictional wetland area. 23. Cultural, ecological, or recreational facilities that provide opportunities for educational experience, eco-tourism or agri-tourism and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: i. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. ii. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. iii. The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. iv. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. v. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during the conditional use process. vi. Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. vii. Molestation of wildlife, including feeding, shall be prohibited. viii. Vehicles shall comply with state and United States Coast Guard regulations, if applicable. ix. The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the board of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the board of zoning appeals may rescind the conditional use. 24. Agricultural activities on parcels less than 20 acres in size: i. animal breeding, raising, training, stabling, or kenneling. ii. dairying; iii. livestock raising; iv. milk production; v. poultry and egg production; and vi. ranching. 25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards: i. Minimum 20 acre parcel size. ii. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in subsection 2.01.03 G. 6579B Report Addenda Carroll & Carroll 27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 28. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: a) Fighting or baiting any animal by the owner of such facility or any other person or entity. b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. 6579B Report Addenda Carroll & Carroll A. Rural Fringe Mixed-Use District (RFMU District). 1. Purpose and scope. The purpose and intent of the RFMU district is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU district employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU district allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU district. The innovative planning and development techniques which are required and/or encouraged within the RFMU district were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. Establishment of RFMU Zoning Overlay District. In order to implement the RFMU designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The County -wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Community Development Building, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The lands included in the RFMU District and to which this section 2.03.08 apply are depicted by the following map: 6579B Report Addenda Carroll & Carroll b. Exemptions. The requirements of this section shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued prior to June 19, 2002, and projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002, or land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved development s shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMU district as long as they do not result in an increase in development density or intensity. 6579B Report Addenda Carroll & Carroll c. Ordinance superceded. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subject to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU district. 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. Allowable uses where TDR credits have not been severed. (1) Uses Permitted as of Right: (a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). (b) Detached single-family dwelling units, including mobile homes where the mobile home Zoning Overlay exists, (c) Habitat preservation and conservation uses. (d) Passive parks and other passive recreational uses. (e) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. (f) Those essential services identified in section 2.01.03(B). (g) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non-environmental site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (2) Accessory uses. Accessory uses and structures that are accessory and incidental to uses permitted as of right in section 2.03.08 (A)(2)(a)(1) above. (3) Conditional uses. (a) Those essential services identified in section 2.01.03 G.2. (b) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (c) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall 6579B Report Addenda Carroll & Carroll be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. b. Uses allowed where TDR credits have been severed. (1) Uses Permitted as of Right: (a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. (b) Cattle grazing on unimproved pasture where no clearing is required; (c) Detached single-family dwelling units, including mobile homes where the mobile home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. (d) One detached dwelling unit, including mobile homes where the mobile home zoning overlay exists, per lot or parcel in existence as of June 22, 1999, that is less than 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. For the purposes of this provision, a lot or parcel shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: i. the lot or parcel is part of a subdivision that was recorded in the public records of the County on or before June 22, 1999; ii. a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or iii. an agreement for deed for the lot or parcel, which includes description of the lot or parcel by limited fixed boundary, was executed on or before June 22, 1999. (e) Habitat preservation and conservation uses. (f) Passive parks and passive recreational uses. (g) Those essential services identified in section 2.01.03 B. (h) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non-environmental site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 6579B Report Addenda Carroll & Carroll 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (i) Mitigation in conjunction with any County, state, or federal permitting. (2) Conditional uses: (a) Those Essential Uses identified in section 2.01.03 G.2. (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (c) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: i. The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Chapters 3, 4 and 10. ii. Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. c. Density. (1) 1.0 dwelling units per 40 gross acres; or (2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: (a) A lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; (b) A lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 6579B Report Addenda Carroll & Carroll (c) A lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. d. Native vegetation retention. As required in Chapter 4 e. Other dimensional design standards. Dimensional standards set forth in section 4.02.01 of this Code shall apply to all development in Sending designated lands of the RFMU district, except as follows: (1) Lot Area and Width. (a) Minimum lot Area: 40 acres. (b) Minimum lot Width: 300 Feet. (2) Parking. As required in Chapter 4 (3) Landscaping. As required in Chapter 4 (4) Signs. As required in section 5.06.00 5. Specific vegetation standards for the RFMU district. For these specific standards, please refer to section 3.05.07 C. through 3.05.07 E. of this Code. 6579B Report Addenda Carroll & Carroll C. North Belle Meade Overlay District (NBMO). 1. Purpose and intent. The North Belle Meade Overlay (NBMO) is unique to the RFMU district because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2. General location. The NBMO District is surrounded by Golden Gate Estates to the north, east, and west and I-75 to the south. This NBMO comprises some 24 sections of land (approximately 15,550 acres) located entirely within the RFMU District (section 2.03.08 A.). The boundaries of the NBMO District are outlined in Illustration 2.03.08 D.2.A below and on the North Belle Meade Overlay Map in the Future Land Use Element of the GMP. Illustration 2.03.08 D.2.A. 3. Applicability: a. NBMO receiving lands. Permitted, conditional, and accessory uses within NBMO Receiving Lands shall be as set forth in section 2.03.08 (A)(2), except as provided in section 2.03.08 (D)(5). All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Chapters 3, 4 and 10, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in this section. However, all development within NBMO Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in this Code. b. NBMO neutral lands. Except as otherwise specifically provided in section 2.03.08 D.4. and section 2.03.08 D.5.b., all development within NBMO neutral lands shall be consistent with section 2.03.08 A.3. 6579B Report Addenda Carroll & Carroll c. NBMO sending lands. Except as otherwise specifically provided in section 2.03.08 D.4., all development with NBMO Sending Lands shall be consistent with section 2.03.08 A.4. 4. General planning and design considerations: a. Transportation. As a condition for the approval of the residential component of any subdivision plat, site development plan, PUD, or DRI within Sections 21, 28, or 27 of the NBMO, the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion. (1) An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road standards, through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. (2) As an alternative to (1) above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of County transportation staff, to safely serve earth-mining activities with a connection through Sections 32 and 31 to Landfill Road. (3) Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right-of-way shall be of a sufficient size to accommodate collector road requirements. (4) All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 2 above, shall: (a) be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative; and (b) be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. b. Buffering. The western ¼ of Sections 22 and 27 shall be buffered from the NBMO NRPA to the east by a buffer preservation that includes all of the eastern ½ of the western ¼ of Sections 22 and 27. This buffer shall consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. c. Greenway. A Greenway that follows natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As a condition to the creation of TDR credits from NBMO Sending Lands that constitute natural flowways, such lands shall be dedicated to a public or private entity for use as part of the Greenway. 5. Additional specific area provisions. a. Receiving lands. (1) Density. (a) The base density in RFMU receiving lands, outside of a rural village is one dwelling unit per five (5) gross acres. (b) This density may be increased, through TDR credits and TDR Bonus Credits, up to a maximum of 1 dwelling unit per gross acre. (c) Once a density of 1 dwelling unit per gross acre is achieved through TDR credits and TDR Bonus Credits, additional density may be achieved as follows: i. 0.1 dwelling unit per acre for each acre of native vegetation preserved on-site; ii. 0.1 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or 6579B Report Addenda Carroll & Carroll iii. 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occurs by June 19, 2005, or such other date as the GMP is amended to provide: i. an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine operator, for an east - west connector roadway between County Road 951 and the Wilson Boulevard extension; or ii. the mine operator commits to construct a private haul road by June 19, 2007, or such other date as the GMP is amended to provide, without the use of any public funds. (c) If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. (3) A greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a rural village. However, any greenbelt that is provided in a NBMO rural village shall be included in the calculation of open space. (4) NBMO rural village. A NBMO rural village shall adhere to the provisions for rural village set forth in section 2.03.08 (A)(2)(b), except as follows: (a) Density. An NBMO rural village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. i. The minimum required density shall be achieved through TDR credits, TDR Bonus Credits, and Rural Village Bonus credits, as provided in section 2.03.08 A.2.b.(3)(C). ii. Once the minimum required density is achieved, additional density may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combination of the following: a) TDR credits; b) TDR Bonus Credits; c) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-site; d) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or e) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. (b) Sidewalks shall be required on both sides of the streets. (c) Interconnected bike lanes shall be provided on all collector and arterial roadways. (d) Schools shall be located within a NBMO rural village whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co - located with other public facilities and civic structures, such as parks, libraries, community centers, public squares, greens, and civic areas. 6579B Report Addenda Carroll & Carroll (e) Elementary schools shall be accessible by local streets and pedestrian and bicycle facilities and shall be located in or adjacent to the rural village center, provided that local streets provide access adequate to meets the needs of the School Board. b. Neutral lands. Neutral lands shall be governed by the standards set forth in section 2.03.08 (A)(3), with the exception that, in those neutral lands located in Section 24, Township 49 South, Range 26 East, a minimum of 70% of the native vegetation present shall be preserved. (Ord. No. 04-72, § 3.F; Ord. No. 05-27, § 3.E; Ord. No. 05-49, § 3.B; Ord. No. 07-67, § 3.E; Ord. No. 08-08, § 3.C; Ord. No. 12-38, § 3.C) 6579B Report Addenda Carroll & Carroll 6579B Report Addenda Carroll & Carroll