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Agenda 07/09/2024 Item #16A 9 (Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program)07/09/2024 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with 1) Jeffrey and Melissa Hughes for a 1.59-acre parcel at a cost of $46,110, and 2) Kyle Wilson and Lisa Mason for a 1.59-acre parcel at a cost of $46,110, for a total cost not to exceed $95,460, inclusive of closing costs. OBJECTIVE: To purchase two parcels totaling 3.18 acres within the Conservation Collier Panther Walk Preserve multi -parcel project area. CONSIDERATIONS: On October 10, 2023, Agenda Item No. 1113, 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. All parcels within the Panther Walk Preserve multi -parcel project were approved as A -list properties on the Cycle 12A AAL. Panther WalkPreserve: Although Conservation Collier acquired the original 4.6 acres of Panther Walk Preserve in 2007 and 2008 and began purchasing several more parcels near the preserve in 2022, the Panther Walk Preserve Multi -Parcel project was not established until February 28, 2023, with Board approval of the Conservation Collier Cycle I 1B AAL, Agenda Item No. 1 1C. To date, the Program has acquired 13% of the 443.7-acre project area, for a total of 55.7 acres. The Panther Walk Preserve Multi -parcel Project is located within the northern reaches of the Horsepen Strand. Strands are a type of forested swamp that forms slow -flowing, linear drainage channels across flatlands with high water tables. The Horsepen Strand begins at Immokalee Rd in the Northern Golden Gate Estates and flows south into the North Belle Meade area north of 1-75. These parcels significantly protect water resources and provide the Surficial Aquifer's recharge capacity and were noted as such by Collier County Stormwater Management staff during the establishment of this multi -parcel project. Properties in this area are subject to frequent flooding. These parcels provide critical flood water attenuation as more land is cleared and filled for development. Wetland vegetation on these parcels slows down the flow of water and filters out nutrients and sediments before they reach the canals to the gulf. The project area contains protected species of plants, including hand fern and four listed bromeliads in the Tillandsia genus. The parcels provide high -quality habitat for wetland -dependent species, including the Florida black bear, listed wading birds, and the Florida panther. The low -density nature of development in this neighborhood allows wildlife to move relatively unimpeded across the landscape and north into the Corkscrew Regional Ecosystem Watershed. A protected corridor is necessary to preserve wildlife's freedom of movement through this rapidly developing landscape. Parcels within the project area protect the highly diverse Horsepen Strand, expand the Panther Walk Preserve, and provide the backbone for a potential north -south corridor and necessary refugia for urban wildlife. Staff contracted with two independent, state -certified, general real estate appraisal firms to appraise all parcels within the Panther Walk Preserve Multi -parcel Project. The appraisals dated September 2023 provided an average appraised value for wetland parcels within the Project at $29,000 per acre. The total cost to obtain the appraisals was $6,500. Hughes - Parcel 39151680007 on the south side of 70" Avenue NE, west of Everglades Blvd. N. • 1.59-acres (69,260 square feet) of vacant, unimproved land consisting of forested, hydric pine flatwoods and marsh with primarily non-hydric mapped soils. • The negotiated purchase price of $46,110 was agreed upon on May 6, 2024. The purchase price is the full appraised value. I Packet Pg. 286 07/09/2024 Wilson/Mason - Parcel 38849040002 - on the north side of 62 "d Ave NE, west of Everglades Blvd N • 1.59-acres (69,260 square feet) of vacant, unimproved land consisting of mixed scrub -shrub wetland and cypress with 100% hydric, slough mapped soils. • The negotiated purchase price of $46,110 was agreed upon on May 7, 2024. The purchase price is the full appraised value. The Hughes and Wilson/Mason parcels are located within the Panther Walk Preserve project area north of 60th Ave and will be acquired as fee simple purchases at full appraised value; therefore, both parcels meet the qualifications for Florida Wildlife Corridor Foundation (FWFC) funding assistance under the Memorandum of Understanding (MOU) between Collier County and FWCF (April 23, 2024, Agenda Item 16A 1). FWFC will contribute one-half of the contract price of both parcels, or $46, 110, toward their acquisition. 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 2007-65, Section 13(8), 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). Per the Collier County/Florida Wildlife Corridor Foundation (FWCF) Memorandum of Understanding (MOU), FWCF will wire $46,110 to the Conservation Collier Trust Fund (106 1) after the Hughes and Wilson Purchase Agreements are approved by the Board and after FWCT has received documentation demonstrating that all MOU conditions have been met in preparation for the closings. The two properties identified herein are comprised of a not -to -exceed acquisition cost of $95,460 as follows: Seller Name I Acres I Appraised I Purchase I Closing Costs I Total I Initial I Long - Value Price (title Purchase 5 Yr. term commitment, Price Maint Annual title policy, Costs Maint closing fee, Costs recording fees) Hughes 1.59 $46,110 $46,110 $1,620 S47,730 $1,871 $240 Wilson/Mason 1.59 $46,110 $46,110 $1,620 $47,730 $1,871 $240 TOTAL 3.18 $92,220 $92,220 $3,240 $95,460 $3,742 $480 As of July 9, 2024, the estimated property acquisition costs for Conservation Collier properties, including these properties and those under contract, total $122,900,801. 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 Project Design Reports (PDR). The total maintenance costs for these parcels for the first five years (initial maintenance costs) are estimated at $3,742. After initial restoration, the estimated maintenance costs for these parcels will be approximately $480 annually. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - SAA RECOMMENDATION: To approve the attached Agreements and accept the Warranty Deeds once approved by I Packet Pg. 287 07/09/2024 the County Attorney's Office; authorize the Chairman to execute the Agreements and any and all other County Attorney's Office approved documents related to these transactions; and authorize the County Manager or designee to prepare related vouchers and warrants for payments and to take all reasonable steps necessary to ensure performance under the Agreements. Prepared by: Deborah Goodaker, Property Acquisition Specialist 11, Real Property Management, Facilities Management Division ATTACHMENT(S) 1. Hughes Agreement (PDF) 2. Hughes-PDR-PWP (PDF) 3. Wilson -Mason Agreement (PDF) 4. Wilson-Mason-PDR-PWP (PDF) 5. [LINKED] Panther Walk appraisal - 9-2023-RKL (PDF) 6. [LINKED] Panther Walk appraisal 9-2023-Carroll and Carroll (PDF) 7. FWCF MOU (PDF) 8. Panther Walk Preserve Status Map 07.01.2024 (PDF) I Packet Pg. 288 07/09/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doe ID: 29062 Item Summary: Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with 1) Jeffrey and Melissa Hughes for a 1.59-acre parcel at a cost of $46,110, and 2) Kyle Wilson and Lisa Mason for a 1.59-acre parcel at a cost of $46,110, for a total cost not to exceed $95,460, inclusive of closing costs. Meeting Date: 07/09/2024 Prepared by: Title: Property Acquisition Specialist — Facilities Management Name: Deborah Goodaker 06/04/2024 1:02 PM Submitted by: Title: — Facilities Management Name: John McCormick 06/04/2024 1:02 PM Approved By: Review: Public Services Department Melissa Hennig Other Reviewer Facilities Management John McCormick Other Reviewer Transportation Management Operations Support Evelyn Trimino Growth Management Community Development Department Diane Lynch Development Review Summer BrownAraque GMCDD Reviewer Facilities Management Jennifer Belpedio Manager - Real Property Unknown Jaime Cook GMCDD Reviewer Operations & Regulatory Management Diane Lynch GMCDD Reviewer County Attorney's Office Sally Ashkar Level 2 Attorney Review Growth Management Community Development Department James C French Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Other Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/04/2024 1:06 PM Completed 06/04/2024 1:09 PM GMCDD Reviewer Completed 06/05/2024 9:29 AM GMCDD Reviewer Completed 06/05/2024 11:52 AM Completed 06/06/2024 1:35 PM Completed 06/10/2024 5:34 PM Completed 06/18/2024 2:31 PM Skipped 06/26/2024 5:37 PM Completed 06/28/2024 11:02 AM Growth Management Completed 07/03/2024 10:05 AM Completed 07/03/2024 10:14 AM Completed 07/03/2024 10:19 AM Completed 07/03/2024 11:06 AM Completed 07/03/2024 11:37 AM 07/09/2024 9:00 AM I Packet Pg. 289 1 CONSERVATION COLLIER TAX ID NUMBER: 39151680007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JEFFREY HUGHES and MELISSA HUGHES, a married couple, whose address is 26962 Wildwood Pines Lane, Bonita Springs, FL 34135 (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"Y WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10. 00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Forty -Six Thousand One Hundred Ten Dollars and 001100 ($46,110.00), (U.S. Currency) payable at time of 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 Agreement 02/1212024 Page 1 of 13 I Packet Pg. 290 CONSERVATION COLLIER TAX ID NUMBER! 39151680007 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than - (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. CC Agreement 02112/2024 Page 2 of 13 Packet Pg. 291 CONSERVATION COLLIER TAX ID NUMBER: 39151680007 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. If required by a Phase I report and desired by Purchaser, Seller shall pay for a Phase 11 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing-, 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said CC Agreement 02/12/2024 Page 3 of 13 Packet Pg. 2_9�2 CONSERVATION COLLIER TAX ID NUMBER7 39151680007 thirty (30) day period, may accept title as it then is, waiving any objection� or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows- (a) an encroachment onto the property-, or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 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. CC Agreement 02/1212024 Page 4 of 13 Packet Pg. 293 CONSERVATION COLLIER TAX ID NUMBER� 39161680007 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to CC Agreement 02112/2024 Page 5 of 13 r':0") I Packet Pg. 294 CONSERVATION COLLIER TAX ID NUMBER: 39151680007 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 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, 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 Agreement 02/1212024 Page 6 of 13 Packet Pg. 29-5 CONSERVATION COLLIER TAX ID NUMBER: 39151680007 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. a) E 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 Agreement 02/1212024 Page 7 of 13 ((- 710� 1 Packet Pg. 296 CONSERVATION COLLIER TAX ID NUMBER: 39151680007 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder-, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall 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 Agreement 02/12=24 Page 8 of 13 / � Packet Pg. 297 CONSERVATION COLLIER TAX ID NUMBER: 39151680007 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. X1. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser- Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Deborah Goodaker, Property Acquisition Specialist 11 Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone No.: 239-252-8922 Fax No.: 239-252-8876 If to Seller- Jeffrey & Melissa Hughes Hyperion. Builders(a-)-outlook.com 26962 Wildwood Pines Lane Bonita Springs, Florida 34135 Telephone No.- 407-739-1871 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 Agreement 02/12/2024 Page 9 of 13 Packet Pg. 298 CONSERVATIDN COLLIER TAX ID NUMBER: 39151680007 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. Q ,411 M JVJ I &%ffl ;I I WAI k4 I MC $JIM 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. CC Agreement 02/12/2024 Page 10 of 13 FPacket Pg. 299 CONSERVATION COLLIER TAX ID NUMBER� 39151680007 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 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. SIGNA TURES A PPEAR ON THE FOLL 0 WING PA GES CC Agreement 0211212024 Page 11 of 13 FPacket CONSERVATION COLLIER TAX ID NUMBER 39151680007 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER� ATTESTi CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk AS TO SELLER DATED: By: '4�R�X�GHES BY: -77L MELISSA UGHES Approved as to form and legality Assistant County Attorney CP CC Agreement 0211212024 �;�\ BOARD OF COUNTY COM MISSIONERS COLLIER COUNTY, FLORIDA A: CHRIS HALL, Chairman Page 12 of 13 FPacket Pg. 30, 1 CONSERVATION COLLIER TAX ID NUMBER� 39151680007 EXHIBIT LLX PROPERTY IDENTIFICATION NUMBER: 39151680007 The West 105 Feet of Tract No. 101, Golden Gate Estates, Unit No. 47, according to the plat thereof recorded in Plat Book 7, Page 32, Public Records of Collier County, Florida. Comprised of 1.59 Acres according to the Collier County Property Appraiser Records CC Agreement 02/1212024 Page 13 of 13 -- . '— r�() ! FPacket Pg. 302 [ Conservation Collier Land Acquisition Program Project Design Report Hughes Property Date: June 2024 Property Owner: Jeffrey and Melissa Hughes Folio(s): 39151680007 Location: GOLDEN GATE EST UNIT 47 W 105FT OF TR 101 Size: 1.59 acres Purchase Price: $46,110 History of Proiect: Selected for the "A" category, #1 Selected for the "A" Purchase offer Purchase offer priority, on the Active Acquisition category, #1 priority, on made to owners accepted List (AAL) by CCLAAC AALbyBCC 7/14/2023 10/10/2023 5/6/2024 5/6/2024 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Pro2ram Oualifications: This parcel is located in the northern section of the Horsepen Strand adjacent to Panther Walk Preserve. The Hughes parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. This parcel offers access from 70th Ave NE west of Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. The parcel is part of the greater Horsepen Strand flow way and contains 100% wetlands. This parcel is home to many wetland dependent species of flora and fauna including Florida panthers that have been documented within the strand. This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Zonin2, Growth Mana2ement and Land Use Overlays: The Panther Walk and Horsepen Strand project parcels are entirely within the Northern Golden Gate Estates. The zoning I Packet Pg. 303 classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Mannement Costs: Management Element 2023 2024 2025 2026 2027 Exotics $477 $318 $318 $318 $240 Signage $200 Total $677 $318 $318 $318 $240 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 I Packet Pg. 304 1 Miles HUGHES, JEFFREY & MELISSA Offer Accepted Panther Walk Preserve A -list Parcel Conservation Collier Panther Walk Preserve 71 CON�FMATION Go*e-r county 4i I Packet Pg. 305 f 0 0.1 HUGHES, JEFFREY & MELISSA Panther Walk Preserve A -list Parcel Conservation Collier Panther Walk Preserve Miles C ATION LLIER my m \ I Packet Pg. 306 1 CONSERVAT;ON COLLIER TAX ID NUMBER: 38849040002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between KYLE WILSON and LISA MASON, husband and wife, whose address is 910 Nottingham Drive, Naples, FIL 34109 (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). VV IT IN FSSIFTH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows� AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 11. PAYMENTOF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FORTY- SIX THOUSAND ONE HUNDRED TEN and 00/100 DOLLARS ($46,110), (U.S. Currency) payable at time of closing. 111. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all closing documents, whichever is later. The Closing shall CC Agreement 02/1212024 Page 1 of 13 6�0� FPacket Pg. 307 CONSFRVATION COLLIER TAX ID NUMBER: 38849040002 be held at the office of the insuring title company or by mail. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3,0113 A "Gap Tax Proration, Owner's Non -Foreign Affidavit", as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 1012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. CC Agreement 02/12/2024 Page 2 of 13 FPacket Pg. 308 CONSERVATION COLLIER TAX ID NUMBER 38849040002 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. If required by a Phase I report and desired by Purchaser, Seller shall pay for a Phase 11 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. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. BEQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing� 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon, Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said CC Agreement 02/1212024 Page 3 of 13 "N FPacket Pg. 309 CONSERVATION COLLIER TAX ID NUMBER 38849040002 thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement, A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Fxhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows� (a) an encroachment onto the property-, or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that'. 1 . Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environ- mental laws and the Property is free from any pollution or contamination. CC Agreement 02/12/2024 Page 4 of 13 __ , — 1�0 FPacket Pg. 310 CONSERVATION COLLIER TAX ID NUMBER: 38849040002 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of current year taxes, and shall be paid by Seller. IX TERMINATION AND REMEDIE 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to CC Agreement 02/1212024 Page 5 of 13 /11� Packet Pg. 2!IJ CONSERVATION COLLIER TAX ID NUMBER: 38849040002 a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 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, 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. CC Agreement 02112/2024 Page 6 of 13 Packet Pg- 3=12 CONSERVATiON COLLIER TAX ID NUMBER: 38B49040002 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that 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 par[ 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 CC Agreement 02/12/2024 Page 7 of 13 FPacket Pg. 313 CONSERVATION COLLIER TAX ID NUMBER� 38849040002 there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder-, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10,023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall 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 CC Agreement 02/1212024 Page 8 of 13 FPacket Pg. 314 CONSERVATION COLLIER TAX ID NUMBER: 38849040002 the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense - XI. NOTICES 11.01 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser- Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Attn: Vivian Rodriguez Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8402 Fax number: 239-252-8876 If to Seller: Kyle and Lisa Wilson 910 Nottingham Drive Naples, Florida 34109 Telephone number: 239-734-0642 E-mail: kylewilson3l9@gmail.com 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 Agreement 0211212024 Page 9 of 13 FPacket Pg. 315 CONSERVATION COLLIER TAX ID NUMBER: 38849040002 X11. REAL IESTATE 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. X111. MISCELLANEOUS 13.01 This Agreement may be executed 'in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only-, in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision, 13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. CC Agreement 02112/2024 Page 10 of 13 FPacket Pg. 316 CONSERVATION COLLIER TAX ID NUMBER: 38849040002 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. 1109 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty, or covenant not included in this Agreement, or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement, SIGNATURES APPEAR ON THE FOLLOWING PAGE CC Agreement 0211212024 Page 11 of 13 Packet Pg. 317 CONSERVATION COLLIER TAX ID NUMBER: 3BU9040002 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST-. CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY, FLORIDA BY: , Deputy Clerk AS TO SELLER DATED: / q'- 2-� By - KYLE WILSON By: LISA MASON Approved as to form and legality: ASsistant County Attorney L� CC Agreement 02/1212024 CHRIS HALL, Chairman Page 12 of 13 1 Packet Pg. 318 E W 5D cm 0 W 0 CONSERVATION COLLIER TAX ID NUMBER: 38849040002 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk By: KYLE WILSON )3 LISA MASON Approved as to forrn and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHRIS HALL, Chairman E 0 0 Mn CD E U CONSERVATION COLLIER TAX ID NUMBER: 38849040002 EXHIBIT "A') PROPERTY IDENTIFICATION NUMBER- 38849040002 West 105 feet of Tract No. 102, GOLDEN GATE ESTATES, UNIT No. 42, according to the map or plat thereof, as recorded in Plat Book 7, at Page 27, of the Public Records of Collier County, Florida. 1 .59 ACRES CC Agreement 02112/2024 Page 13 of 13 /17 FPacket Pg. 320 Conservation Collier Land Acquisition Program Project Design Report Wilson/Mason Property Date: June 2024 Property Owne : Kyle Wilson and Lisa Mason Folio(s): 38849040002 Location: GOLDEN GATE EST UNIT 42 W 105FT OF TR 102 Size: 1.59 acres Purchase Price: $46,110 History of Prqiect: Selected for the "A" category, #1 Selected for the "A" Purchase offer Purchase offer priority, on the Active Acquisition category, #1 priority, on made to owners accepted List (AAL) by CCLAAC AALbyBCC 7/14/2023 10/10/2023 5/7/2024 5/7/2024 Purpose of Prqiec : Environmental Conservation — Conservation Collier Program Program Qualifications: This parcel is located in the southeastern section of the Horsepen Strand within the Panther Walk Preserve project area. The Wilson/Mason parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. This parcel offers access from 62 nd Ave NE west of Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. The parcel is part of the greater Horsepen Strand flow way and contains 100% wetlands. This parcel is home to many wetland dependent species of flora and fauna including Florida panthers that have been documented within the strand. This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Packet Pg. 321 Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Prqiected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $477 $318 $318 $318 $240 Signage $200 Total $677 $318 $318 $318 $2 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 I Packet Pg. 322 1 Miles WILSON, KYLE & LISA Offer Accepted Panther Walk Preserve A -list Parcel Conservation Collier Panther Walk Preserve 71 COM�FMATION Go*e-r county 4i E I Packet Pg. 323 I I I I I 0 0.1 Miles WILSON, KYLE & LISA Panther Walk Preserve A -list Parcel Conservation Collier Panther Walk Preserve E CON5fft4�TION LLIE R C,0*11 County I Packet Pg. 324 1 Florida WILDLIFE CORRIDOR Foundation INSTR 6542942 OR 6357 PG 1445 RECORDED 517/2024 2:22 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC $44.00 Memorandum of Understanding This agreement is made between the Collier County Board of County Commissioners ("Collier County"), and Florida Wildlife Corridor Foundation, Inc. ("FWCF") (referred to collectively as the "Parties"), effective April 23, 2024. This agreement is subject to the terms and conditions contained herein between the Parties and is made part thereof. Period of Performance Conservation Collier, a program of Collier County, is authorized to plan for and request use of FWCF's Corridor Critical Linkages Fund to close qualifying acquisitions starting Jan 31, 2024 through Dec 31, 2024. Successful implementation of the program will inform potential ability to extend or execute a similar agreement for 2025 for unused FWCF funds. Scope of Work Collier County agrees to: a. offer landowners 100% of appraised value, as determined by most recent market studies, for all acquisitions in Target Area where FWCF funds will also be used. b. Workto accelerate the pace of conservation in the acquisition target area by using FWCF funds as a match to existing Conservation Collier program budget. Collier County will make a good faith effort to achieve a near 1:1 match until their Panther Walk designated funds are expended. c. Provide and utilize existing program resources for management and execution of landowner outreach and acquisitions including offer letters, due diligence, and transaction support. d. Provide written quarterly progress reports highlighting acquisitions to date funded by each party and pipeline or outlook for next quarter, on or before March 31, June 30, and Sept 30, 2024. Florida Wildlife Corridor Foundation agrees to: a. Contribute one half of the contract price for each acquired parcel within the Target Area, up to $1.5 million (Total authorized Corridor Critical Linkages Funds), during the Period of Performance to match and accelerate the pace of conservation in the target acquisition area. b. Wire required funds for each transaction to designated closing account after each Purchase Agreement is approved by the Board of County Commissioners, after documentation is received demonstrating that all MOU conditions have been met in preparation for closing, and after wiring instructions have been provided. c. Fully yield implementation for acquisition process to Conservation Collier and not influence decision - making or management of the effort, so long as FWCF fund use is consistent with the terms in this MOU. D 0 2 U- U- E 6A IL Qualifying Acquisitions Qualifying acquisitions are defined as fee simple purchases of lots in the target acquisition area for 100% of appraised value as determined by most -recent market studies. Target Area The acquisition target area shall consist of all parcels north of 60th Ave. NE within the Conservation Collier Panther Walk Preserve Multi -parcel project area, as depicted here: IMMOKALEE RD 72ND AVE NE IT' 11 70TH AVE NE 68TH AVE NE z 66TH AVE NE 0 t > _J M U, I Hit I 64TH AVE NE 111111 H 0 LU LU 62ND AVE NE 60TH AVE NE A I I I 0 1 2 Miles Panther Walk Preserve Multi -Parcel Project Area Panther Walk Preserve FWCF Target Area Parcels C 123-hNS_O()74r, I 1826_�371 /I 0 2 LL LL E 16A I Indemnification To the extent provided by law, each party shall indemnify, defend, save, and hold harmless the other party and all of the other party officers, agents or employees from all suits, actions, claims, demands, or liability of any nature whatsoever arising out of, because of, by any negligent act, or by any occurrence of commission of the acts, by the other party officers, agents, or employees. Neither party officers, agents, or employees will be liable under this section for damages arising out of injury or damage or persons or property directly caused or resulting from the negligence of the other party or any of the other party officers, agents, or employees. This indemnification shall not be deemed a waiver of any limitation of liability to which the County may be entitled under Florida Statutes, including but not limited to Section 768.28, Florida Statutes. Governing Law, Jurisdiction, and Venue This Agreement and all related documents including all schedules attached hereto and all matters arising out of or relating to this Agreement, and the Services provided hereunder, whether sounding in contract, tort, or statute for all purposes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any conflict of laws principles that would cause the laws of any other jurisdiction other than those of the State of Florida to apply. Any action or proceeding by either of the Parties to enforce this Agreement shall be brought only in any state or federal court located in the State of Florida, County of Collier. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be effective as of the day, month and year first written above. 123-1AS-0074611826537111 16A I IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by the undersigned officials, as duly authorized. FLORIDA WILDLIFE CORRIDOR FOUNDATION, INC. By:_ Print: Title:— C I ' TEST: BOARD OF COUNTY COMMISSIONERS K I N,sta K. Kinzel, Clerk of Courts OF COLLIER COUNTY, FLORIDA & 0,mptroller By: By: Rick LoCastro, Chairman Ee ty Clerk 0 C 14 CD Approved as to form and legality 0 2 U- Q U- Sally A. Ashkar 0 Assistant County Attorney�\ E (,r,- , - NO) I 6A I IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by the undersigned officials, as duly authorized. ATTEST: Crystal, K. Kinzel, Clerk of Courts & Comptroller By: Depow Clerk Attest as to s signature only Approv o form and legalityn ,�aiiy A,8,WKar Assistant County Attorney FLORIDA WILDLIFE CORRIDOR FOUNDATION, INC. By: Print: Title: BOARD OF COY . COMMISSIONERS OF COLLIER By:_ CV�r�is Hall, Chairman Q'!�'- D 0 2 U- U- E 1IRPNEX-1131 Me A 1. m --- — ------ H'u'ghes Parcel -7 MO._ lil A I ZT-_: 11111111 IN Wilson -Mason Parcel LID 'A 1 1 J I ill 11. L Mm � m