Agenda 06/25/2024 Item #16C 1 (Agreement for Sale and Purchase for the Solid Waste Division for Project #59012)06/25/2024
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase for the Solid Waste Division to acquire 5
acres of unimproved vacant land as part of an assemblage of properties near the County landfill and
contiguous to other lands acquired by the County. (Project 59012) (Total cost not exceed $111,000.)
OBJECTIVE: To further the County’s good neighbor policy by acquiring property from willing sellers within
Sections 30 and 31 east of the Collier County Landfill to strategically secure lands which can act as a natural buffer.
CONSIDERATIONS: On December 5, 2006, the Board approved the Integrated Solid Waste Management
Strategy (ISWMS) which set forth the Enduring Guiding Principles for environmental and Growth Management
compliance, airspace preservation, operational excellence, and best value service. Those guiding principles were
ratified by Ordinance 13-08, the Solid Waste Sub-Element of the Growth Management Plan (GMP).
In keeping with this directive and aligned with Collier County Landfill’s good neighbor policy, due diligence was
conducted regarding the properties adjacent to the County landfill and contiguous thereto that would serve as a
natural buffer. The County continues to search for opportunities for additional land inventory to further contribute
to the waste management infrastructure.
Real Property Management contacted property owners near the landfill to begin acquisitions. Folio # 00339880001,
a vacant 5-acre parcel, owned by Jenny Torres De La Torre was listed for sale at $125,000. An in -house appraisal
determined a market value of $106,500. After negotiating with the owner and owner’s representative, staff reached
a negotiated settlement amount of $106,000 inclusive of broker’s compensation.
The appraisal report and a location map are attached for reference.
FISCAL IMPACT: The total cost of the acquisition should not exceed $111,000 ($106,000 for the purchase price
and $5,000 for a title commitment, title policy, closing costs, and recording of the documents). The funding is
available in Project 59012 in the Solid Waste Capital Projects Fund (4074).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board approval. - SAA
GROWTH MANAGEMENT IMPACT: This transaction is consistent with the County’s Growth Management
Plan, specifically the Solid Waste Sub-Element.
RECOMMENDATION: To approve an Agreement for Sale and Purchase for the Solid Waste Division to acquire
5 acres of unimproved vacant land as part of an assemblage of properties near the County landfill and contiguous to
other lands acquired by the County.
Prepared by: Vivian Rodriguez, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Agreement (PDF)
2. Location Map (PDF)
3. 5 acre parcel $106,500 valuation (PDF)
16.C.1
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06/25/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 28748
Item Summary: Recommendation to approve an Agreement for Sale and Purchase for the Solid Waste Division to
acquire 5 acres of unimproved vacant land as part of an assemblage of properties near the County landfill and
contiguous to other lands acquired by the County. (Project 59012) (Total cost not to exceed $111,000.)
Meeting Date: 06/25/2024
Prepared by:
Title: – Facilities Management
Name: Vivian Rodriguez
04/30/2024 3:33 PM
Submitted by:
Title: – Facilities Management
Name: John McCormick
04/30/2024 3:33 PM
Approved By:
Review:
Facilities Management John McCormick Director - Facilities Completed 04/30/2024 3:41 PM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 05/01/2024 9:12 AM
Public Utilities Department Vincent Dominach Level 1 Department Review Completed 05/02/2024 10:52 AM
Solid and Hazardous Waste Kari Hodgson PUD Reviewer Completed 05/09/2024 2:30 PM
Solid and Hazardous Waste Bart Zautcke PUD Reviewer Completed 05/14/2024 8:49 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/14/2024 10:03 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 05/14/2024 10:52 AM
Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 05/14/2024 1:14 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/14/2024 1:21 PM
Community & Human Services Maggie Lopez OMB Reviewer Completed 05/15/2024 2:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/16/2024 9:50 AM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 06/16/2024 7:18 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/25/2024 9:00 AM
16.C.1
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CONSERVAT10N COヒ LIER
TAX ID NUMBER10033988000'
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between JENNY TORRES DE LA
TORRE, whose address is 3201 22"dAve. SE, Naples, FL34117 (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").
VVITNESSETH
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,Purchaseris desirous of purchasing the Property,sublectto the cond忙 lons
and other agreements hereinafter set forth,and Se∥eris agreeable to such saie and to
such conditions and agreements
NOW,THEREFORE,and for and in consideration of the premises and the respectlve
undertakings ofthe parties hereinafter set forth and the sum of Ten Do∥ars(S1000),the
receipt and sumciency Of which is hereby acknowledged,itis agreed as fo∥owsi
l AGREEMENT
1 01 1n consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Se∥er sha∥se∥to Purchaser and Purchaser sha∥purchase
from Se∥erthe Propedy,described in Exhibit“A"
∥ PAYMENT OF PURCHASE PRICE
2 01 The purchase price (the “Purchase Price")for the Property sha∥ be ONE
HUNDRED SiX THOuSAND and 00′100 DOLLARS(S106,000),(U S Currency)
payable attime of closing
l∥ CLOSING
3 01 The C10Sing (THE “CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING")of the transaction sha∥be held on or before one hundred and eighty
(180)dayS fO∥。wing execution ofthis Agreement by the Purchaser,o「vvithin thirty
(30)dayS Of Purchaser's receipt of a∥ciosing documents,whicheveris later The
Closing sha∥be heid at the ofrce Of the insuring title company or by mall The
16.C.1.a
Packet Pg. 768 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLL ER
TAX ID NUMBER 00339880001
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 yeaas 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.
IV. REOUIREMENTS AND CONDITIONS
4.0'l Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title 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 commilment 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 lt 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 ob.iections within said time period, Purchaser, by
providing written notice to Seller within seven (7) days afler expiration of said
16.C.1.a
Packet Pg. 769 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLLIER
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procedure to be followed by the parties in connection with the Closing shall be as
follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions, or conditions of record.
3.01 12 Combined Purchaser-Seller closing statement.
3.0'1 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 underuriter 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:
3.0121 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 Article lll hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
16.C.1.a
Packet Pg. 770 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLL ER
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thirty (30) day period, may accept title as it then is, waiving any ob,eclion; or
Purchaser may terminate the Agreement. A failure by Purchaser to give such
written notice of termination within the time period provided herein shall be
deemed an election by Purchaser to accept the exceptions to title as shown in
the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within ten (10) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. lf lhe 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 lo 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 ob,ection to lhe encroachment, or projection,
or lack of legal access, or Purchaser may terminate the Agreement. A failure
by Purchaser to give such written notice of terminatton 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
Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable Stale and Federal environ-
mental laws and the Property is free from any pollution or contamination.216.C.1.a
Packet Pg. 771 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLLlER
TAX:D NUMBER1 00339880001
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 lerminate 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 thal 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.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII, POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII, PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of current year taxes, and
shall be paid by Seller.
IX. TERMINATION AND REMEDIES
9.01 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
①
16.C.1.a
Packet Pg. 772 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLLlER
TAX ID NUMBERi 00339880001
a contract vendee, including the right to seek specific performance of this
Ag reement.
9.02 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties and take into account the peculiar risks and
expenses of each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
'10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments execuled in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
③
16.C.1.a
Packet Pg. 773 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLL ER
TAX lD NUMBER:00339880001
Property or any rights therein, nor enler 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 incineraiors, 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 slorage 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 operalions
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 Seller has no knowledge of unrecorded restrictions, easements, or
rights of way (other than existing zoning regulations) that restrict or affect the
use of the Properly, and there are no maintenance, construction, advertising,
management, leasing, employment, service, or other contracts affecting the
Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or7 16.C.1.a
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CONSERVAT10N COLLIER
TAX ID NUMBER 00339880001
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigalions 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 lhe 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
(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,
pursuanl 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 Amendmeni and Reauthorization Act of '1986 ("SARA"), includtng
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
〇
16.C.1.a
Packet Pg. 775 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLに !ER
TAX ID NUMBER:00339880001
XI NOTICES
11.01 Any notice, request, demand, instruction, or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
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 341 "16
With a copy to. Attn: Vivian Rodriguez
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 341 12
Telephone number: 239-252-8402
Fax number: 239-252-8876
lf to Seller: Jenny Torres De La Torre
3201 22nd Ave SE
Naples, Florida 341 17
Telephone number: 239-231 -8680
E-mail, made290974@gmail.com
With a copy to, Victoria Moreno
Kingdom Realty Services, LLC
214 gth St. NW
Naples, Florida 34120
Telephone Number: 239 -253-47 06
E-mail: eddybmoreno@yahoo. com
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.
16.C.1.a
Packet Pg. 776 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLLIER
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XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be lhe 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 lo have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any. A separate Agreement provides that commission in the amount
of six percent (6%) or SIX THOUSAND THREE HUNDRED SIXTY and 00/100
DOLLARS ($6,360) from the Purchase Price shall be paid at Closing from the
Seller's proceeds and shown on the Closing Statement to be paid to Victoria
Moreno of Kingdom Realty Services, LLC.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreemenl and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by bolh 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 thls Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in whjch used, shall be deemed to include any other gender or number as
the conlext 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.C16.C.1.a
Packet Pg. 777 Attachment: Agreement (28748 : Landfill Optimization Project)
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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 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 pa(ies, 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.
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11
16.C.1.a
Packet Pg. 778 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLLlER
TAX 10 NUMBER1 00339880001
Dated Prolect/AcquisniOn Approved by BCC:
AS TO PURCHASER:
ATTEST:
CRYSTAL K KINZEL,Clerk ofthe
Circut Court and Connptroller
lN WITNESS WHEREOF, the parties hereto have signed below.
BOARD OF COUNttY COMM:SS10NERS
COLLIER COUNTY,FLORIDA
By:
, Depug Clerk
AS TO SELLER:
DATED: O
Approved as to form and legality:
CHR:S HALL,Chairman
By:
Sa y A Ashkar Ass stant COunty瘍 メ
16.C.1.a
Packet Pg. 779 Attachment: Agreement (28748 : Landfill Optimization Project)
CONSERVAT10N COLLIER
TAX 10 NUMBERilX1339880001
EXHIBIT "A''
Property ldentification Number: 0033988000 1
The East lz of the Northwest % of lhe Southwest /o ol lhe Northwest 1/4 of Section 31,
Township 49 South, Range 27 East, Public Records of Collier County, Florida.
5 Acres
16.C.1.a
Packet Pg. 780 Attachment: Agreement (28748 : Landfill Optimization Project)
LOCATION MAP
LANDFILL OPTIMIZATION BUFFER PROJECT
Folio: 00339880001 – 5-acres
Owner: Jenny Torres De La Torre
Acquired Parcels
(County-owned)
PROPOSED ACQUISITON
Folio: 00339880001
PURCHASE PRICE
$106,000
Collier County Landfill
16.C.1.b
Packet Pg. 781 Attachment: Location Map (28748 : Landfill Optimization Project)
hnd No 00339880@1 Sit: Addrcs
'Di*laimer
/Addnn' DE LA ToRRE, JEI{NYToRREs
3201 ZlilD AlrE SE
City NAPLES
i{rp Ho. Strap No. Section
{(31 q,0t00041 04cll 31
lrgnl 31 49 27 E1l2 OF NW1ll OF 5W1/4 At iftVl/4 5 AC.
lllllgclirclo 287
Sub./Condo 100 - ACREAGE HEADER
t,'c Co& O 99 - ACREAGE NOT ZONED AGRICUTTURAI
tp 34117
Acre3 'Enimet"d
5
Milhsc Retcr O *Celelrtims
S< Othcr Tot8l
4.292 5.0197 10.311I
Sil. City NAPLES
'bb
FL
Tmrhip Rrnge
49 27
SitlZone'Notc 14117
Appraisal Valuation eport
16.C.1.c
Packet Pg. 782 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
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:
. lnspected the public records forthe subject property and the comparable sales
Reviewed aerial photographs, land use plans, the Land Development Code,
plat maps, 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.
DEFINITION OF MARKET VALUE
ln United States tax law, the definition oI Fair Market Value is found in the United States
Supreme Court decision in the Caftwright case: fhe 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. Caftwright, 41 1 U S. 546, 93 S Ct.'1713, 1716-17, 36 L. Ed. 2d 528,
73-1 U.S. Tax Case (CCH) fl 12,926 (1973) (quoting from U S Treasury regulations
relating to Federal estate taxes, at 26 C.F.R. sec 20.2031-1(b)).
16.C.1.c
Packet Pg. 783 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
SUMMARY OF IMPORTANT DATA AND CONCLUSIONS
This information is summarized only for convenience.
PROPERTY INFORMATION
Property Identifi cation
Property Description
Property Type
Owner of Record
Property ID #
CLIENT INFO & VALUE CONCLUSIONS
Parcel ID# 00339880001
5.00 acres located along Everly Ave
Naples, FL 34777
Vacant Land
Ienny Torres De La Torre
00339880001
Client Collier County BCC, PUED Solid Waste
Intended Use To assist with intemal decision making.
Intended Users Collier County Board of County
Commissioners, Solid Wate Department
Appraisal Effective Date March 22,2024
Date of Report April 11,2024
Real Estate Taxes Unpaid
Acquisition Agent Vivian Rodriguez
Estate Appraised Fee Simple
Vacant Land Appraisal Report " as is"
Estimated Market Value $L05,500
16.C.1.c
Packet Pg. 784 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
Market Trends
5rM
5750K
5500K
5250K
Frb ZCt-, Aug ?021 Feb 2022 Aug 2022 Feb 2023 Aug 2{t23
home price --- Medlan home rold G
-
Median listing
December 2O23
Ealanced
that the supply of homes is greater than the demand for homes. Q
Buyer SeIter
16.C.1.c
Packet Pg. 785 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
SALES COMPARISON APPROACH
ln 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 VeriIy the information as to factual accuracy and arm's-length market considerations
3. ldentify 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 comparable's
into a single value indication or a range of values.
The sales matrix is present on the following page
16.C.1.c
Packet Pg. 786 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
REAL ESTATE APPRAISAL FORM
VACANT I.AND REPORT
Folio No. O0339880001 Propert)Address INO SITE ADDRESS
Owner Name JEN\\' DE LA'IORRE
Addresses 320 I 22ND AVE SE
City \.\Pl.ES Sta te ll.l-zip | 3{r r
Legal BELO$'
Section I Township Range I Acres I Map No.Strap No.
3l 49 27 I sAC
TYPE. \ \( \\ I I,.\\D 3 Millage Area f : Nlillage
i tlse Code \-.\GRl
SUBJECT PROPERTY COMPAMBLE NO 1 COMPARABLE NO 2 COMPARABLE NO.3
\ddress: NO SITE ADDRESS OOO WASHBURN RD 2280 MARKLEY AVE OOO IVISA AVE
)roximitv to Subiect oo341 '120005 oo341 520003 oo335360004
Sales Price $13s,000 $100,000 $90,000
Jnit Price 27,000 AC 20,000 AC 18,000 Ac
)ata Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Prooertv Aooraiser Sales Data
)ate of Sale & Time
\djustment
DESCRIPTION DESCRIPTION
+/-$
Adiustment DESCRIPTION
+/-$
Adiustment DESCRIPTION
+/_$
Adiustment
11t01t23 $2,000 12t13123 $2,000 11t08122 $10,000
-ocation 341 17 -LANDFILL AREA SIMILAR $0 SIMILAR $0 SIMILAR $0
ZONING A. OVERLAY SIMILAR $0 SIMILAR $0 SIMILAR $0
CCRES 5.0 AC 5.0 ACRES $0 5.0 ACRES $0 5.0 ACRES $0
CCCESS ACCESS ACCESS -SUP -$19,500 ACCESS $0 ACCESS $0
y'iew RURAL SIMILAR $0 SIMILAR $0 SIMILAR $0
STRUCTURES VACANT /TREED SIMILAR $0 SIMILAR $0 SIMILAR $o
rOTAL ADJUST $
FROM SALES PRICE
Net Adj. (Total)-$17,500 $2,000 $10,000
ndicated Value of
Subject 23,500 ac 20,400 ac $20,000
3omments on Market Data: LEGAL 31 4927 E 112OF NW 1/4 OF SW 1/4 OF NW 1/4 5 AC_Consideration is given to all of the market data, the average of
:he three comparables is $21,300
Oomments and Conditions of Appraisal: The interest being appraised is fee simple, and the highest and best use of the parcel is considered improved The 4
:lements of H & B use are considered, and this report is a market value appraisal. The appraisers decisions and scope of work may become relevant to the
:haracteristics of extraordinary assumptions or hypothetical conditions and may become applicable in this valuation.
Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the
rpinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property
ESTIMATED VALUE: Subject Propefi 5.0 acres x 21,300 ac is $106,500 dollars.
3t22t2024
RPM Appraiser
Land Appraisal Report, Appraisal Form 02 Rev. 4/19/06
I
16.C.1.c
Packet Pg. 787 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
Location map for comparables
el
Acri.l PlErolr.phyr J.nutrlr - 202r urbrn [GlN] -202{ Ruol [2FI] - 424 f,unl[lfi - 202rt Run! [s()Ffl
16.C.1.c
Packet Pg. 788 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
Market Comparables
Comp 1
Comp 2
16.C.1.c
Packet Pg. 789 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
Market Comparables (contuned)
Comp 3
EXTRAORDI NARY ASSU MPTIONS AN D LIM ITI NG CON DITIONS
I was not provided with any environmental studies or wetland determinations but based
on the ground cover and information from surrounding properties, the property appears
to be mostly uplands. Forthe purposes of this appraisal, lhave assumed the property is
100% upland. lf an informal wetland determination is conducted on the subject property
indicating the presence of wetlands, I reserve the right to reconsider my opinion of
market value.
16.C.1.c
Packet Pg. 790 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
Addenda
16.C.1.c
Packet Pg. 791 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
AGRICULTURAL
16.C.1.c
Packet Pg. 792 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
Location Map (Yellow indicates County owned property)
County Owned lots of the Landfill Optimization Project.
Subject Property
16.C.1.c
Packet Pg. 793 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)
CERTIFICATION
I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF:
I did not personally inspect the subject property and the comparable sales.
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. ln 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.
The subject property deed and tax transactions were reviewed for the past five years.
Roo!.\'ch LGou4 R\1'-AC
Sup.nild - R.rI ProF.,! \Ie4a,l.d
Flo]ItA NhlrSEEt , tud Prcpd\'
3li5 Torer IrulE St .l0l
N+lB,FL 3alu h 139-5l,16ll
16.C.1.c
Packet Pg. 794 Attachment: 5 acre parcel $106,500 valuation (28748 : Landfill Optimization Project)