Agenda 08/27/2024 Item #16A 7 (Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with Ebanks)08/27/2024
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land
Acquisition Program with Marvin Andre Ebanks and Qurratul Ain Najwa Ebanks as Trustees of the
Marvin Andre Ebanks and Qurratul Ain Najwa Ebanks Revocable Trust dated July 26, 2017, (Ebanks
Trust) for a 1.14-acre parcel at a cost of $31,920, for a total cost not to exceed $33,460, inclusive of closing
costs.
_____________________________________________________________________________________
OBJECTIVE: To purchase one property totaling 1.14 acres within the Conservation Collier Winchester Head
Preserve multi-parcel project area.
CONSIDERATIONS: On October 10, 2023, Agenda Item #11B, the Board of County Commissioners (Board)
approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 12A
Active Acquisition List (AAL) and directed staff to actively pursue acquisition of the properties under the Program.
The Ebanks Trust parcel within the Winchester Head Preserve multi -parcel project was approved as an A-list
property on the Cycle 12A AAL.
Ebanks Trust - North off 39th Ave. NE, Parcel 39959800005,
east of Everglades Blvd. N and north of Oil Well Rd.
The 1.14-acre unimproved, vacant Ebanks Trust parcel is located within the Winchester Head Preserve project area.
The parcel consists of freshwater marsh and cypress and is mapped as containing 100% hydric, depressional soils;
it is adjacent to existing Conservation Collier parcels on its east, west, and south sides. The Winchester Head Multi-
Parcel project, located north of Oil Well Road and east of Everglades Boulevard, was established in 2005. A total
of 108.8 acres (69%) of the 158.4-acre project have been acquired within the project boundary. Acquisition within
Winchester Head provides floodplain storage for surrounding home sites during the high rainy season. These types
of depressional storage areas were included in the water management models for the Golden Gate canal system
done by the Big Cypress Basin, South Florida Water Management District, and are a component of flood control
for the area. Winchester Head has also been targeted for future watershed improvement projects in the County’s
Watershed Management Plan. Additional program criteria that would be satisfied by this acquisition include
protection of surface and groundwater resources, protection of wetland-dependent species habitat, and good
potential for restoration.
The project consists primarily of freshwater marsh and cypress, a habitat for many endangered wading birds,
including the wood stork. Telemetry points show use by Florida panthers, and panthers are observed on wildlife
cameras on the existing preserve.
Staff contracted with one independent, state-certified, general real estate appraisal firm to appraise all parcels
within the Project. The appraisal dated May 2024, which included the Ebanks Trust parcel, provided an appraised
value for wetland parcels within the Project at $28,000 an acre. The cost to obtain the appraisal was $1,800. An
offer of $30,320 was made on May 29, 2024, and rejected. The negotiated offer of $31,920 was accepted on June
12, 2024. The purchase price of $31,920 is 100% of the appraised value.
This acquisition is consistent with Conservation Collier Purchasing Policy, Resolution No. 2023-10, which allows
the offer amount to be determined by staff but no more than the appraised value.
Pursuant to Ordinance 2024-17, Section 12(6), a Project Design Report (PDR) for this property is provided
herewith.
FISCAL IMPACT: The funds for this land acquisition will be withdrawn from the Conservation Collier Trust
Fund (1061). The property identified herein is comprised of a not-to-exceed acquisition cost of $33,460 as follows:
Seller Acres Appraised Purchase Closing Costs (title Total Initial 5 Long-term
16.A.7
Packet Pg. 211
08/27/2024
Name Value Price commitment, title
policy, closing fee,
recording fees)
Purchase
Price
Yr. Maint
Costs
Annual
Maint
Costs
Ebanks
Trust
1.14 $31,920 $31,920 $1,540 $33,460 $1,400 $170
As of August 27, 2024, the estimated property acquisition costs for Conservation Collier properties, including this
property and those under contract, total $123,048,751. The funds for managing this parcel will be expended from
the Conservation Collier Maintenance Fund (1062). The initial maintenance costs are provided in the attached PDR.
The total maintenance costs for this parcel for the first five years (initial maintenance costs) are estimated at $1,400.
After initial restoration, the estimated maintenance costs for this parcel will be approximately $170 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 Agreement and accept the Warranty Deed once approved by the
County Attorney’s Office; authorize the Chairman to execute the Agreement any and all other County Attorney’s
Office approved documents related to this transaction; 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 Agreement.
Prepared by: Melissa Hennig, Environmental Specialist I, Conservation Collier, Development Review Division
ATTACHMENT(S)
1. Ebanks Agreement (PDF)
2. [Linked] WH Carroll and Carroll appraisal (PDF)
3. Ebanks PDR (PDF)
4. Ebanks Trust Site Map (PDF)
16.A.7
Packet Pg. 212
08/27/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 29467
Item Summary: Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier
Land Acquisition Program with Marvin Andre Ebanks and Qurratul Ain Najwa Ebanks, as Trustees of the Marvin
Andre Ebanks and Qurratul Ain Najwa Ebanks Revocable Trust dated July 26, 2017, (Ebanks Trust) for a 1.14-acre
parcel at a cost of $31,920, for a total cost not to exceed $33,460, inclusive of closing costs.
Meeting Date: 08/27/2024
Prepared by:
Title: – Facilities Management
Name: Vera Ivanova
07/24/2024 9:04 AM
Submitted by:
Title: – Facilities Management
Name: John McCormick
07/24/2024 9:04 AM
Approved By:
Review:
Public Services Department Melissa Hennig GMCDD Reviewer Completed 07/24/2024 9:08 AM
Facilities Management John McCormick Director - Facilities Completed 07/24/2024 9:24 AM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 07/26/2024 9:49 AM
Development Review Summer BrownAraque GMCDD Reviewer Completed 07/29/2024 12:51 PM
Growth Management Community Development Department Diane Lynch GMCDD Reviewer Completed
07/29/2024 2:55 PM
Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed
08/05/2024 12:20 PM
Development Review Matt Denison GMCDD Reviewer Completed 08/05/2024 12:43 PM
Unknown Jaime Cook GMCDD Reviewer Completed 08/06/2024 12:31 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/07/2024 9:19 AM
Growth Management Community Development Department James C French Growth Management Completed
08/19/2024 2:47 PM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 08/19/2024 3:50 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2024 8:49 AM
Office of Management and Budget Laura Zautcke Other Reviewer Completed 08/20/2024 9:51 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/20/2024 11:46 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM
16.A.7
Packet Pg. 213
CONSERVATION COLLIER
TAX lO NUMBERT 39959800005
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Marvin Andre Ebanks
and Qurratul Ain Najwa Ebanks, as Trustees of the Marvin Andre Ebanks and Qurratul
Ain Najwa Ebanks Revocable Trust dated July 26, 2017, as sole and separate property
of Marvin Andre Ebanks, whose address is 258 S Alpine Cir, Alpine, UT 84004
(hereinafter relerred 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 34'112 (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
refened 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.
I. AGREEMENT
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
po
@
CC Agreement 06/102024 Page 1 of lil
AT
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:
1.01 ln consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II, PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be
Thirty One Thousand Nine Hundred Twenty Dollars and 00/100 dollars
($31,920.00), (U.S. Currency) payable at time of closing.
il. cLosrNG
16.A.7.a
Packet Pg. 214 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX rO NUMBER 39959800005
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:
3.0113 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as required by
Section 1445 of the lnternal Revenue Code and as required by the title
insurance underwriter to insure the "gap" and issue the policy contemplated
by the title insurance commitment.
3.0'114 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 4.011 thereto, and the Title Company is irrevocably
committed to pay the Purchase Price to Seller and to issue the Owner's title
policy to Purchaser in accordance with the commitment immediately after the
recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article lll hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
fteCC Agreement 06/1 0/2024
@
(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.
Page 2 of l,l
/*_
16.A.7.a
Packet Pg. 215 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX ID NUMBER, 39959800005
3.02 Each pafi 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 4.01 1
below, shall be paid by Purchaser. The cost of the title commitment shall also be
paid by Purchaser. lf required by a Phase I report and desired by Purchaser,
Seller shall pay for a Phase ll Environmental Assessment selected by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. lf Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.01 1 Within fifteen (15) days afterthe date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owne/s Title lnsurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any, which
obligations shall be paid at closing. lf the title commitment contains exceptions
that make the title 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 purchaserls objection to
title., Seller shall have thirty (30) days to remedy any defects to convey goodand marketable title at Seler's expense, except for liens or mon6tary
obligations which will be satisfied at closing. seller, at its sole expense, shailuse its best efforts to make such tiile good and marketable. ln the event Selleris unable to cure said objections within said time period, purchaser, byproviding written notice to Seller within seven (7) days after expiration of said
lfr4Page 3 of 14
AL Ic )oA
CC Agreement 06/1 0/2024
IV. REOUIREMENTS AND CONDITIONS
16.A.7.a
Packet Pg. 216 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX ID NUMBER 39959800005
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. lf the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the optaon 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.
5.01 Purchaser shall have one hundred twenty (120) days from the date of this
Agreement, ("lnspection Period"), to determine through appropriate investigation
that:
1. soil tests and engineering studies indicate that the property can be developed
without any abnormal demucking, soil stabilization or foundations.2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal environ-
mental laws and the Propefi is free from any pollution or contamination.
Page 4 of l,a
ilt-
CC Agreement 06/10/2024
V, INSPECTION PERIOD
/4{
@
16.A.7.a
Packet Pg. 217 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX lO NUMBERT 39959600005
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 lf Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
lnspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the lnspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. ln
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time priorto the Closing.
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
Pase'orr. fuL
^2.@
CC Agreement 06/10/2024
VI. INSPECTION
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
16.A.7.a
Packet Pg. 218 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX ID NUMBER, 39959800005
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 sufiicient
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
10.011 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 06/1 0/2024 Page 5 of 14
^y
10.0'l Seller and Purchaser represent and warrant the following:
{frL
@
16.A.7.a
Packet Pg. 219 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX ID NUMBER, 39959800005
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that they have (it has) no knowledge that there is or
ever has been incinerators, septic tanks, or cesspools on the Property; all
waste, if any, is discharged into a public sanitary sewer system; Seller
represents that they have (it has) no knowledge that any pollutants are or have
been discharged from the Property, directly or indirectly into any body of water.
Seller represents that to their knowledge the Property has not been used for
the production, handling, storage, transportation, manufacture, or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents that they have (it has) no knowledge that there is or ever has been
any storage tanks for gasoline, or any other substances are or were located on
the Property at any time during or prior to Seller's ownership thereof. Seller
represents that they have (it has) no knowledge that any part of the Property
has ever been used as a sanitary landfill.
10.018 Seller has no knowledge that the Propefi and Seller's operations
concerning the Propefi 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.
10.0'19 Seller has no knowledge of unrecorded leases, licenses or otherpossessory interests, restrictions, easements, or rights of way (other than
existing zoning regulations) that restrict or affect the use of the property, andthere are no maintenance, construction, advertising, managemeni, leasing,
employment, service, or other contracts affecting the property.
/4{
Page 7 of 14 6d
CC Agreemenl 06/10/2024
16.A.7.a
Packet Pg. 220 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX lO NUMBER: 39959800005
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.
10.023 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.
6?t
CC Agreement 06/10/2024 Page 8 ol t4
^E
Q9
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.
16.A.7.a
Packet Pg. 221 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX lD NUMBER: 39959600005
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.
lf to Purchaser Summer Araque, Coordinator
Conservation Collier Program
Collier County Parks and Recreation Division
Public Services Department
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, Florida 34116
With a copy to Attn: Vera lvanova
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida34112
Telephone number: 239-252-7 609
Fax number: 239-252-8876
lf to Seller:Marvin Andre and Qurratul Ain Na.iwa Ebanks
258 S Alpine Cir
Alpine, UT 84004
Telephone number: 206446-3575
Fax number: N/A
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.
4{:l
Paqe 9 of 14
CC Agreement 06/1 0/2024
trL
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:
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
@
16.A.7.a
Packet Pg. 222 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII, MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend, or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
'13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 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.
Page 10 of 14
&{
G9
CC Agreement 06/10/2024
^y,
CONSERVATION COLLIER
TAX ID NUMBER, 39959800005
16.A.7.a
Packet Pg. 223 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVAIION COLLIER
TAX lO NUMBERT 39959800005
13.09 lf the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (lf the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty, or
covenant not included in this Agreement, or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement.
XV. ACKNOWLEDGMENTO F POTENTIAL FUTURE USE
15.01 Any development rights or credits available on the Property are relinquished
by the Seller and conveyed to the Purchaser at closing as part of the sale of the
Property.
S/GNATURES APPEAR ON THE FOLLOWNG PAGES
Pasc rt orr. frC
^r- @
CC Agreemenl 06/10/2024
16.A.7.a
Packet Pg. 224 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX ID NUMBER 39959800005
lN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjecUAcquisition Approved by BCC:_
AS TO PU CHASER:
ATTEST:
CRYSTAL K. KINZEL. Clerk of the
Circuit Court and Comptroller
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNry, FLORIDA
Page 12 of 14
By
, Deputy Clerk CHRIS HALL, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
Approvcd rs o form rnd legrlity
Arsirtsnt County Atto(rY
flr
CC Agreement 05i 10/2024
v4
t&
(";
16.A.7.a
Packet Pg. 225 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX lD NUMBER: 39959800005
AS TO SELLER:
*["-o 7/c I /ao*1
By:
DATED.tfslaaa+
Marvin Andre Ebanks, as Trustee
of the Marvin Andre Ebanks and
Qurratul Ain Najwa Ebanks
Revocable Trust dated July 26, 2017
By:
Qurratul Ain Naiwa Ebanks, as Trustee
of the Marvin Andre Ebanks and
Qurratul Ain Najwa Ebanks
Revocable Trust dated July 26, 2017
lC
CC Agreement 0O'l 0/2024 Page 13 of
,lf (o
^1*-
16.A.7.a
Packet Pg. 226 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
CONSERVATION COLLIER
TAX lD NUMBER: 39959800005
EXHIBIT ..A"
PROPERTY IDENTIFICATION NUMBER: 39959800005
The East 75' of West 150' of Tract 80, Unit 65, Golden Gate Estates, according to the
plat thereof, recorded in Plat Book 5, Page 88, of the Public Records of Collier County,
Florida
1,14 ACRES
CC Agreement 06/1 0/2024 Page 1,1of lil &o
16.A.7.a
Packet Pg. 227 Attachment: Ebanks Agreement (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
1
Conservation Collier Land Acquisition Program
Project Design Report
Ebanks Property
Date: August 2024
Property Owner(s): Marvin Andre Ebanks & Qurratul Ain Najwa Rev Trust
Folio: 39959800005
Location: GOLDEN GATE EST UNIT 65 TR 80
Size: 1.14 acres
Purchase Price: $31,920
History of Project:
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
The Ebanks parcel is within the Winchester Head multi-parcel project area. Winchester
Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in
Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a
total of 114 parcels (158.4 acres) were identified as being important for acquisition.
Selected parcels include wetlands and small areas of upland buffers on parcels which are
more than half wetland. The entire project site is within North Golden Gate Estates,
identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a
Target Protection Area.
One important reason for the selection of Winchester Head as a conservation target is that
this area functions to provide floodplain storage for surrounding home sites during high
rainy season. These types of depressional storage areas were included in the water
management models for the Golden Gate canal system done by the Big Cypress Basin,
South Florida Water Management District and are a component of flood control for the
area. Winchester Head has also been targeted for future watershed improvement projects
(North Golden Gate Flowway Restoration Project) in the County’s Watershed
Management Plan. At this time, Conservation Collier owns 108.8 acres out of a total of
158.4 acres, or 69% of the project area.
Selected for the “A” category,
#1 priority, on the Active
Acquisition List (AAL) by
CCLAAC
AAL most
recently
approved by
BCC
Date of
Offer
Date Offer
Accepted
7/14/2023 10/10/2023 5/29/2024 6/12/2024
16.A.7.c
Packet Pg. 228 Attachment: Ebanks PDR (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
2
Additional program criteria that would be satisfied by this acquisition include protection
of surface and ground water resources, protection of wetland dependent species habitat,
and good potential for restoration. This parcel is primarily cypress forest with a sparse
canopy of large trees, an understory of swamp fern, royal fern, and saw grass, with a low
midstory of coastal plain willow, dahoon holly, and button bush. There is a low infestation
of Brazilian pepper and old-world climbing fern. A paved public road (39th Ave NE)
provides access to the parcel and allows the property to be readily viewed.
Zoning, Growth Management and Land Use Overlays: The Winchester Head project
parcels are entirely within the Northern Golden Gate Estates. The zoning classification for
all the parcels is Estates (E), a rural residential classification. There are no additional land
use overlays applicable.
Projected Management Activities:
Active management of the entire project area is not feasible until a significant contiguous
area can be acquired. While Winchester Head as a whole is relatively free of exotic plants,
ongoing control is done annually or as needed. Exotic maintenance should be minimal and
will be included in the management budget for the overall Winchester Head project. Most
of the project area for Winchester Head is wetlands, and trails are not feasible. A raised
boardwalk would be the best public access opportunity; however, this will not be
considered until sometime well into the future of the project when more parcels are
acquired. Nature photography and bird watching from roadways are two activities that can
occur at present. Currently, the three roads (37th, 39th, and 41st Streets NE) provide paved
access to the project area but the only parking is the road right-of-way. At present, a visitor
parking area is not available but could be constructed in the future. An educational kiosk
can be placed along one of the roads through the project containing information on
wetlands and on the preservation of the area. Signs can be placed at boundaries along the
roadways.
Estimated Management Costs:
Management
Element 2024 2025 2026 2027
2028
Exotics $340 $230 $230 $230 $170
Signage $200
Total $540 $230 $230 $230 $170
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
16.A.7.c
Packet Pg. 229 Attachment: Ebanks PDR (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
3
16.A.7.c
Packet Pg. 230 Attachment: Ebanks PDR (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
4
16.A.7.c
Packet Pg. 231 Attachment: Ebanks PDR (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)
Ebanks Trust Parcel (1.14 acres)
16.A.7.d
Packet Pg. 232 Attachment: Ebanks Trust Site Map (29467 : Conservation Collier - Winchester Head Preserve - Ebanks Trust)