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Agenda 06/25/2024 Item #11A (Agreement for Sale and Purchase - Conservation Collier Dr. Robert H. Gore III Preserve multi-parcel project area)06/25/2024 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with 1) Richard E. Langell Jr., as Trustee of the Richard E. Langell Trust, dated April 5, 2007 (“Langell Tr.”), for a 2.81-acre parcel at a cost of $58,060 and 2) Martha Sardinas for a 2.34-acre parcel at a cost of $53,820, for a total cost not to exceed $115,230 inclusive of closing costs. _____________________________________________________________________________________ OBJECTIVE: To purchase two parcels totaling 5.15 acres within the Conservation Collier Dr. Robert H. Gore III Preserve multi-parcel project area. 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) and directed staff to actively pursue acquisition of the properties under the Program. The Langell Tr. and Sardinas properties within the Dr. Robert H. Gore III Preserve multi-parcel project were approved as A-list properties on the Cycle 12A AAL. Dr. Robert H. Gore III Preserve: Potential public uses at Gore Preserve include hiking, nature photography, bird watching, and environmental education. Hydrologic indicators such as karst topography, cypress knees, and watermarks on buttressed cypress trees provide evidence of seasonal flooding. The mature cypress trees in the preserve project indicate that the area has historically contained wetlands. The properties are within a historic wetland area connecting east with the Florida Panther National Wildlife Refuge (FPNWR) via the old Ford Test Track. The Gore Preserve and surrounding lands enhance the FPNWR by acting as a buffer and providing a reasonably large-sized wild land addition north of I-75. Wildlife underpasses at the adjacent Faka-Union and nearby Miller canals create an ecological link south under I-75 to the Picayune Strand State Forest. A little over two miles to the west are the North Belle Meade Preserve and the North Belle Meade sending lands. The Gore Preserve project is within the Florida Fish and Wildlife Conservation Commission (FWC) Primary Panther habitat zone. The project area contains protected species of plants, including giant sword fern, several listed bromeliads in the Tillandsia genus, and five native orchid species. The project area contains Florida panthers, Florida black bears, and numerous other wildlife. The observed habitat and location would also support the presence of Everglades mink, tricolored heron, and little blue heron, all state-protected species. In February 2024, staff contracted with two independent, state-certified general real estate appraisal firms to appraise all parcels within the Gore Project area. The appraisals provided an average appraised value of $20,750 an acre for parcels between 4.01 and 7.17 acres, based on comparable sales from wetland, not upland parcels. The cost to obtain the appraisals was $4,900. Langell Tr. - west off Desoto Blvd. S., Parcel 41504640006 on the south side of 38th Ave SE o 2.81 acres (122,404 square feet) of vacant, unimproved land consisting of forested, mixed wetland hardwoods and cypress with nearly 100% hydric, slough soils. o An offer of $58,060 was made on March 8, 2024, and accepted on April 17, 2024. The purchase price of $58,060 is 95% of the appraised value. Sardinas - west of Desoto Blvd. S., Parcel 41504800008 on the north side of 38th Ave SE o 2.34 acres (101,930 square feet) of vacant, unimproved land consisting of forested, mixed wetland hardwoods with approximately 25% hydric, slough soils. o An offer of $51,130 was made on March 8, 2024, and rejected. The negotiated purchase price of $53,820 was accepted on April 1, 2024. The purchase price is the full appraised value. 11.A Packet Pg. 66 06/25/2024 These acquisitions are consistent with the Conservation Collier Purchasing Policy, Resolution No. 2023-10, which allows the offer amount to be determined by staff but no more than the appraised value. Pursuant to Ordinance 2024-17, Section 12(6), a Project Design Report (“PDR”) for each of these properties is provided herewith. FISCAL IMPACT: The funds for these two land acquisitions will be withdrawn from the Conservation Collier Trust Fund (1061). The two properties identified herein are comprised of a not to exceed acquisition cost of $115,230 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 Langell Tr. 2.81 $61,120 $58,060 $1,690 $59,750 $5,310 $700 Sardinas 2.34 $53,820 $53,820 $1,660 $55,480 $4,780 $590 TOTAL 5.15 $114,940 $111,880 $3,350 $115,230 $10,090 $1,290 As of June 25, 2024, the estimated property acquisition costs for Conservation Collier properties, including these properties and those under contract, total $122,808,581. The funds for managing these parcels will be expended from the Conservation Collier Maintenance Fund (1062). The initial maintenance costs are provided in the attached PDRs. The total maintenance costs for these parcels for the first five years (initial maintenance costs) are estimated at $10,090. After initial restoration, the estimated maintenance costs for these parcels will be approximately $1,290 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: 1) To approve the attached Agreements and accept the Warranty Deeds once approved by the County Attorney’s Office; 2) To authorize the Chairman to execute the Agreements and any and all other County Attorney’s Office approved documents related to these transactions; and 3) To 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: Vera Ivanova, Property Acquisition Specialist I, Real Property Management, Facilities Management Division ATTACHMENT(S) 1. [LINKED] Appraisal 1 (PDF) 2. [LINKED] Appraisal 2 (PDF) 3. Langell Trust Agreement (PDF) 11.A Packet Pg. 67 06/25/2024 4. Langell Trust PDR (PDF) 5. Martha Sardinas Agreement (PDF) 6. Martha Sardinas PDR (PDF) 11.A Packet Pg. 68 06/25/2024 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Doc ID: 28963 Item Summary: Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with 1) Richard E. Langell Jr., as Trustee of the Richard E. Langell Trust, dated April 5, 2007 (“Langell Tr.”), for a 2.81-acre parcel at a cost of $58,060 and 2) Martha Sardinas for a 2.34-acre parcel at a cost of $53,820, for a total cost not to exceed $115,230 inclusive of closing costs. (Jaime Cook, Development Review Division Director) Meeting Date: 06/25/2024 Prepared by: Title: – Facilities Management Name: Vera Ivanova 05/20/2024 12:33 PM Submitted by: Title: – Facilities Management Name: John McCormick 05/20/2024 12:33 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Completed 05/20/2024 12:47 PM Public Services Department Melissa Hennig GMCDD Reviewer Completed 05/20/2024 12:53 PM Growth Management Community Development Department Diane Lynch Other Reviewer Completed 05/21/2024 2:31 PM Operations & Regulatory Management Michael Stark GMCDD Reviewer Completed 05/21/2024 3:57 PM Development Review Summer BrownAraque GMCDD Reviewer Completed 05/22/2024 9:56 AM Facilities Management Jennifer Belpedio Manager - Real Property Completed 05/23/2024 6:10 PM Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed 06/05/2024 9:28 AM Unknown Jaime Cook GMCDD Reviewer Completed 06/11/2024 10:28 AM Growth Management Community Development Department James C French Growth Management Completed 06/11/2024 2:14 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/12/2024 4:25 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/12/2024 4:39 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/13/2024 8:19 AM Office of Management and Budget Laura Zautcke Other Reviewer Completed 06/14/2024 3:09 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 06/16/2024 6:56 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/25/2024 9:00 AM 11.A Packet Pg. 69 CONSERVATION COLLIER TAX lO NUMBER: 41504640006 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Richard E Langell Jr, as Trustee of the Richard E Langell Trust deted April 5, 2007 whose address is 21636 Evergreen St, Saint Clair Shores, Ml 48082 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite '101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars (910.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.0'1 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". II. PAYMENT OF PURCHASE PRICE 2 01 The purchase price (the "Purchase Prlce") for the property shall be Fifty eight thousand sixty and 00/100 dollars ($5S,060.00), (U.S. Cunency) payabti: at time of closing. ilt. cLo SING 3.01 The Closing (THE "CLOS|NG DATE., ,DATE OF CLOS|NG", OR ,,CLOS|NG,,) of the transaction shall be held on or before one hundred and eighty (1g0) days following execution of this Agreement by the purchaser, or within ttrirty (go) days br Purchaser's receipt of all closing documents, whichever is later. The closing ihall CC Agresment 02/122024 Page I of 13 @ 11.A.c Packet Pg. 70 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lO NUMBER: ,11504640006 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 1 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: 3.01 11 Warranty Deed in favor of Purchaser conveying title to the property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.01 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 undeMriler to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.01'14 A W-9 Form, "Request for Taxpayer ldentification and Certification,, as required by the lnternal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0'121 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 tiile to the property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Tiile Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's ti e policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article lll hereof, shall be subject to idjustment for prorations as hereinafter set forth. CC Agtef-.ilP-n10211212024 @ Page 2 of 13 11.A.c Packet Pg. 71 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lO NUMAER: 41504 0006 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 recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 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 yeais millage is not fixed, taxes will be prorated based upon such prior year's millage. IV EQUIREMENTS AND CONDITI 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.0'1 I \Mthin frfteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owne/s Title lnsurance Policy (ALTA Form 8-1970) 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 unmarketiable, 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 monitary obligations which will be satisfied at Closing. Seller, at its sole expense, shail use its best efforts to make such title good and marketable. ln the event selleris unable to cure said objections within said time period, purchaser, by providing written notice to Seller within seven (7) days after expiration of said CC Agteene^102n2n021 Page 3 of 13 e^) 11.A.c Packet Pg. 72 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 4'1504640006 thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a cunent 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 cedified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property proiects 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 wriften notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify 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, or projection, or lack of legal access. 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. V. IN CTION PERI 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("lnspection Period"), to determine through appropriate investigation that: CC Agreern€nt 02/1 22024 Page 4 of l3 @ 11.A.c Packet Pg. 73 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 4't 504640006 4. The Property mn be utilized for its intended use and purpose in the Conservation Collier program. 5.02 lt 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 Properg. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Properg 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. V!. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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 the right to seek and enforce all rights and remedies available at taw or in equity to CC Agreement A2n2l2O24 Page 5 of 13 .@ 11.A.c Packet Pg. 74 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 415(X64@06 a contract vendee, Agreement. including the right to seek specific performance of this 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND RCHASER'S REPRESENTATION S 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 contemplaled 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. 10.013 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, ai law, equity or in arbitration before or by any federal, state, mu-nicipal or othergovernmental inskumentality that relate to this agreement or any otherproperty that could, if continued, adversely affect Seller,s ability to iell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than purchaser has any right or option to acquire the Property or any portion thereof. CC lgtsemenl O2l 1 212024 Page 6 ol'13 @ 11.A.c Packet Pg. 75 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 4'15M540006 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that 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 toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the property or potential of ground water contamination from neighboring properties. Seller represents 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 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 otherpossessory interests, restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Froperty, andthere are no maintenance, construction, advertising, managemeni, leasing, employment, service, or other contracts affecting the property. Page 7 of 13 @ CC A$eeliient 0Z12nO21 11.A.c Packet Pg. 76 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX IO NUMBER: 41504640006 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 Al the Closing, Seller shall deliver to Purchaser a statement (hereinafier called the "Closing Representative Statemenf') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. '10.023 Seller represents, warrants and agrees to indemniff, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney,s fees) asserted against, imposed on or incurred by Purchaser, direcfly 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 g601, et seq , ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1g86 (,,SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. Page 8 of 13 @ CC Agrcerl€nl02h2n124 11.A.c Packet Pg. 77 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX ID NUMBER 41504640006 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 dsk and expense. 11.01 Any notice, reguest, 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 Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-7 609 Fax number: 239-252-8876 lf to Seller:Richard E Langell, Jr 21636 Evergreen St Saint Clair Shores, Ml 48082 Telephone number: (586) 5964460 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address staled herein shall be deemed to continue in effect for all purposes. CC Aq,eelilF-nl0211212021 Page 9 of 13 XI. NOTICES Wth a copy to: XII. REAL ESTATE BROKERS t! !t fny and all brokerage commissions or fees shall be the sole responsibility of the seller. seller shall indemniff Purchaser and hold purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to @ 11.A.c Packet Pg. 78 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER YAX lD NUMBER 4t 5048,10006 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. '13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. '13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, suc@ssors, successor trustee, and assignees whenever the contexl so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 1 3.06 No waiver of any provision of this Agreement shall be efiective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. '13.07 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 succeeding business day. 13.08 seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 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 bhapter 2g6, CC Agreemant 02/'l 2/2024 XIII. MISCELLANEOUS Psge l0 ot t3 @ 11.A.c Packet Pg. 79 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER:41504 0006 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 is governed and construed in accordance with the laws of the State of Florida. XIV,EN TI REA REEMENT 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. S/GNAIURES APPEAR ON THE FOLLOWNG PAGES CC Agrcemenl0211212024 Page 11 of 13 @ 11.A.c Packet Pg. 80 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lO NUMBER: 41504610006 lN WTNESS WHEREOF, the parties hereto have signed below. Dated P@ecUAcquisition Approved by BCC:_ AS TO PURCHASER: ATTEST: AS TO SELLER: DATED: 5 )Jo CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, Chairman By R ichard E. Langell Jr, T of the Richard E Langell Trust dated April 5, 2007 Approved as lo torm and legality: Assislanl County Attomey CC N.eetnent 02l1i,2O24 $r*Page 12 of t3 @ By: ( 11.A.c Packet Pg. 81 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) The South 180' of Tract 53 Unit 91 Golden Gates Estates according to the plat thereof recorded in Plat Book 5, Page 30 of the Public Records of Collier county, Florida CONSERVATION COLLIER TAX lD NUMBER: 41504640006 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41 504640006 2.81 ACRES CC Agre€ment 02/1212024 Page 13 of 13 @ 11.A.c Packet Pg. 82 Attachment: Langell Trust Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) 1 Conservation Collier Land Acquisition Program Project Design Report Langell Trust Property Date: May 2024 Property Owner: Richard E. Langell Trust Folio(s): 41504640006 Location: GOLDEN GATE EST UNIT 91 S 180FT OF TR 53 Size: 2.81 acres Purchase Price: $58,060 History of Project: Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: This parcel is within the Dr. Robert H. Gore III (Gore) Preserve multi-parcel project boundary. The Langell Trust parcel was considered due to its proximity to an existing Conservation Collier preserve. The Gore Preserve project area, which includes the Beckert parcel, met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature-based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The parcel offers access from Desoto Blvd. S. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Potential public uses include hiking, nature photography, bird watching, and environmental education. The project area is approximately 75% wetlands, with the remaining 25% seasonal wetlands. Significant areas of karst have been observed in the area. Karst is limestone terrain characterized by sinkholes, caverns and underground streams, and is a wetland indicator. Plant communities found on the property are consistent with mapped soils and provide habitat for wetland dependent species. The project area is mapped by the South Florida Water Management District as contributing 43’ to 56” annually of water to the Surficial Aquifer System and can be expected to contribute to the attenuation of area flood waters. Hydrologic indicators such as karst topography, cypress knees, and water marks on buttressed cypress trees provide evidence of seasonal flooding. 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 Offer made to owners Offer accepted 7/14/2023 10/10/2023 3/8/2024 4/17/2024 11.A.d Packet Pg. 83 Attachment: Langell Trust PDR (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) 2 The mature cypress trees found on the property indicate that the area has historically contained wetlands. Invasive exotic plant species are present in significant amounts, up to 95% along the roadside and approximately 50% interiorly. The primary invasive exotic plant is Brazilian pepper (Schinus terebinthifolius), but others are likely also present. The project area contains protected species of plants, including giant sword fern (Nephrolepis biserrata) and several listed bromeliads in the Tillandsia genus. A neighbor and environmental professional who is familiar with the property reported 5 native orchid species present within the project area. The same neighbor has seen 5 panthers in the area since 2014 (including a panther with kittens), dozens of Florida black bears (including females with cubs), and numerous other wildlife. The observed habitat and location would support the presence of Everglades mink (Neovison vison evergladensis), tricolored heron (Egretta tricolor), and little blue heron (Egretta caerulea), all state-protected species. The property is within an historic wetland area that connects on the east with the Florida Panther National Wildlife Refuge (FPNWR) via the old Ford Test Track. The Gore Preserve and surrounding lands enhance the FPNWR by acting as a buffer and providing a reasonably large sized wild land addition north of I-75. There are wildlife underpasses at the adjacent Faka Union and nearby Miller canals creating an ecological link south under I-75 to the Picayune Strand State Forest. A little over two miles to the west are the North Belle Meade sending lands. The Gore project is within the Florida Fish and Wildlife Conservation Commission (FWC) Primary Panther habitat zone. The Langell Trust parcel expands the Gore Preserve. This parcel, joined with many others, could permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2025 2026 2027 2028 2029 Exotics $1,410 $1,120 $940 $940 $700 Signage $200 Total $1,610 $1,120 $940 $940 $700 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 11.A.d Packet Pg. 84 Attachment: Langell Trust PDR (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) 3 11.A.d Packet Pg. 85 Attachment: Langell Trust PDR (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) 4 11.A.d Packet Pg. 86 Attachment: Langell Trust PDR (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARTHA SARDINAS, a single woman, whose address is 13470 SW 256th Street, Homestead, FL 33032 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101 , Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 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 Fifty-Three Thousand Eight Hundred Twenty and 00/100 Dollars ($53,820.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall be held at the 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: CC Agteemenl 021 1 212024 Page I of 13 CONSERVATION COLLIER TAX lD NUMBER: 41504800008 II. PAYMENT OF PURCHASE PRICE @ 11.A.e Packet Pg. 87 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 41504800008 3.0111 Wananty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments (b) Such other easements, restrictions, or conditions of record 3.01 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 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. 3.0121 A negotlable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article lll hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201 .01 , CC Agteemenl 021 1 212024 Page 2 of 13 (a 3.0'1 1 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: 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 11.A.e Packet Pg. 88 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX ID NUMBER: 41504800008 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 B Title Policy, issued pursuant to the Commitment provided for in Section 4.0'l'1 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. 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.01 1 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 8-1970) 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 Ag reement. cAoCC Agrcemenl0211212024 Page 3 of l3 IV. REQUIREMENTS AND CONDITIONS 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 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 notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be 11.A.e Packet Pg. 89 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 41504800008 deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. 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 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 abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environ- mental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. CC Agteemenl 021 1 21 2024 Page 4 of 13 11.A.e Packet Pg. 90 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 41504800008 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. 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. IX. TERMINATION AND RE MEDIES 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 termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Ag reement. CC Agteemenl 021 1 212024 Page 5 of 13 @ VI. INSPECTION VII. POSSESSION 11.A.e Packet Pg. 91 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 41504800008 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.01 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 provisron shall survive closing. 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. '10.013 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, sults, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. CC Agteement 021 1 212024 Page 6 of '13 11.A.e Packet Pg. 92 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUIvIBER: 41504800008 1 0.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. '10.017 Seller represents that 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 toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents 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 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 there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. @CC Agteemenl 021 1 212024 Page 7 of 13 11.A.e Packet Pg. 93 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUiTBER: 41504800008 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, pavlng agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA'), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. CC Agteemenl 02 I 1 2 I 2024 Page 8 of 13 11.A.e Packet Pg. 94 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUITBER: 41504800008 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:Deborah Goodaker, Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8922 Fax number: 239-252-8876 lf to Seller:Martha Sardinas 13470 SW 256th Street Homestead, FL 33032 Telephone number: 7 86-623-87 12 With a copy to 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. CC Agteetr].enl 02 I 1 212024 Page 9 of '13 @ XI. NOTICES 11.A.e Packet Pg. 95 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUITBER: 41s04800008 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. CC Agteernenl 02h 212024 Page 10 of 13 XIII. MISCELLANEOUS 11.A.e Packet Pg. 96 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUMBER: 41504800008 13.O7 ll any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 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 is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 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. CC Agteemenl 02 I 1 212024 S/GNATURES APPEAR ON THE FOLLOWNG PAGES Page ll of 13 @ XV. ACKNOWLEDGMENT OF POTENTIAL FUTURE USE 11.A.e Packet Pg. 97 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) ll.* WTNE$$ WHSREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC:_ A$ TO PUSCHASSR: ATTIST; CRYSTAL K. KINZEL, Cle* of the Circuit Court and Comptraller BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk CHRIS llALL, Chairman By: Ag TO $ELLER: Dated: Approved as to torm an* tagality; SCAotcsfrplrt&112ntu4 Pe$s !? of 13 ffi r/v / z4 a 11.A.e Packet Pg. 98 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) CONSERVATION COLLIER TAX lD NUIIBER: 41504800008 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41504800008 The North 150 Feet of Tract 55, GOLDEN GATE ESTATES, Unit 91, according to the plat thereof as recorded in Plat Book 5, Page 30, Public Record of Collier County, Florida. Comprised of 2.34 Acres according to Collier County Property Appraiser Records. CC Agrcement O211212024 Page '13 of 13 ("0 11.A.e Packet Pg. 99 Attachment: Martha Sardinas Agreement (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) 1 Conservation Collier Land Acquisition Program Project Design Report Sardinas Property Date: May 2024 Property Owner: Martha Sardinas Folio(s): 41504800008 Location: GOLDEN GATE EST UNIT 91 N 150FT OF TR 55 Size: 2.34 acres Purchase Price: $53,820 History of Project: Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: This parcel is within the Dr. Robert H. Gore III (Gore) Preserve multi-parcel project boundary. The Sardinas parcel was considered due to its proximity to an existing Conservation Collier preserve. The Gore Preserve project area, which includes the Beckert parcel, met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature-based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. The parcel offers access from Desoto Blvd. S. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Potential public uses include hiking, nature photography, bird watching, and environmental education. The project area is approximately 75% wetlands, with the remaining 25% seasonal wetlands. Significant areas of karst have been observed in the area. Karst is limestone terrain characterized by sinkholes, caverns and underground streams, and is a wetland indicator. Plant communities found on the property are consistent with mapped soils and provide habitat for wetland dependent species. The project area is mapped by the South Florida Water Management District as contributing 43’ to 56” annually of water to the Surficial Aquifer System and can be expected to contribute to the attenuation of area flood waters. Hydrologic indicators such as karst topography, cypress knees, and water marks on buttressed cypress trees provide evidence of seasonal flooding. 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 Offer made to owners Offer accepted 7/14/2023 10/10/2023 3/8/2024 4/1/2024 11.A.f Packet Pg. 100 Attachment: Martha Sardinas PDR (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) 2 The mature cypress trees found on the property indicate that the area has historically contained wetlands. Invasive exotic plant species are present in significant amounts, up to 95% along the roadside and approximately 50% interiorly. The primary invasive exotic plant is Brazilian pepper (Schinus terebinthifolius), but others are likely also present. The project area contains protected species of plants, including giant sword fern (Nephrolepis biserrata) and several listed bromeliads in the Tillandsia genus. A neighbor and environmental professional who is familiar with the property reported 5 native orchid species present within the project area. The same neighbor has seen 5 panthers in the area since 2014 (including a panther with kittens), dozens of Florida black bears (including females with cubs), and numerous other wildlife. The observed habitat and location would support the presence of Everglades mink (Neovison vison evergladensis), tricolored heron (Egretta tricolor), and little blue heron (Egretta caerulea), all state-protected species. The property is within an historic wetland area that connects on the east with the Florida Panther National Wildlife Refuge (FPNWR) via the old Ford Test Track. The Gore Preserve and surrounding lands enhance the FPNWR by acting as a buffer and providing a reasonably large sized wild land addition north of I-75. There are wildlife underpasses at the adjacent Faka Union and nearby Miller canals creating an ecological link south under I-75 to the Picayune Strand State Forest. A little over two miles to the west are the North Belle Meade sending lands. The Gore project is within the Florida Fish and Wildlife Conservation Commission (FWC) Primary Panther habitat zone. The Sardinas parcel expands the Gore Preserve. This parcel, joined with many others, could permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2025 2026 2027 2028 2029 Exotics $1,170 $940 $940 $940 $590 Signage $200 Total $1,370 $940 $940 $940 $590 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 11.A.f Packet Pg. 101 Attachment: Martha Sardinas PDR (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) 3 11.A.f Packet Pg. 102 Attachment: Martha Sardinas PDR (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore) 4 11.A.f Packet Pg. 103 Attachment: Martha Sardinas PDR (28963 : Conservation Collier Dr. Robert H. Gore Preserve - Langell Trust, Sardinas - Gore)