Agenda 09/10/2024 Item #16A 8 (Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program - yoyslinh 5.01 acres. )16.A.8
09/ 10/2024
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land
Acquisition Program with 1) Cinda Lu Cassity for a 1.59-acre parcel at a cost of $46,110; 2) Hollister A.
Dinwiddie, as a Trustee of the Amended and Restated James F. Dinwiddie Revocable Trust ("Dinwiddie
Trust") for a 1.14-acre parcel at a cost of $33,060; 3) James Catania and Stephanie Avidano for a 1.14-acre
parcel at a cost of $30,320; and 4) with Gerald W. Erickson for a 1.14-acre parcel at a cost of $24,910, for a
total cost not to exceed $140,600 inclusive of closing costs.
OBJECTIVE: To purchase four parcels totaling 5.01 acres within the Conservation Collier Panther Walk Preserve
multi -parcel project area, Winchester Head Preserve multi -parcel project area, and the Conservation Collier Dr.
Robert H. Gore III Preserve target protection mailing area.
CONSIDERATIONS: On October 10, 2023, Agenda Item No. I IB, 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 Cassity and Dinwiddie Trust parcels, within the Panther Walk Preserve multi -parcel project and the
Catania/Avidano parcel, within the Winchester Head Preserve multi -parcel project, were approved as A -list
properties on the Cycle 12A AAL.
On June 25, 2024, Agenda Item No. 16A13., the Board of County Commissioners (Board) approved a Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 12B Active Acquisition List
(AAL) and directed staff to actively pursue the acquisition of the properties under the Program. The Erickson parcel
was approved as an A -list property on the Cycle 12B AAL. This parcel is located within the Dr. Robert H. Gore III
(Gore) Preserve target protection mailing area, which is just north of the Gore multi -parcel project boundary.
Panther Walk Preserve: 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 11B AAL, Agenda Item No. 11C. To date, the Program has acquired 14% of the 426.1-acre project area, for
a total of 61.2 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
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appraised value for wetland parcels within the Project at $29,000 per acre. The total cost to obtain the appraisals
was $6,500.
Cassity - Parcel 38841640002 on the north side of 64th Ave NE, west of Everglades Blvd. N.
0 1.59-acres of vacant, unimproved land consisting of forested cypress with 100% hydric mapped soils.
o The negotiated purchase price of $46,110 was agreed upon on June 5, 2024. The purchase price is the
full appraised value.
Dinwiddie Trust - Parcel 39152480002 on the south side of 72°d Ave NE, west of Everglades Blvd. N.
0 1.14-acres of vacant, unimproved land consisting of forested, hydric pine flatwoods with non-hydric
mapped soils.
o The negotiated purchase price of $33,060 was agreed upon on June 28, 2024. The purchase price is the
full appraised value.
The Cassity and Dinwiddie Trust 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 16A1). FWFC will
contribute one-half of the contract price of both parcels or $39,585, toward their acquisition.
Winchester Head Preserve: 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, provided an appraised value for wetland parcels within the
Project at $28,000 an acre. The cost to obtain the appraisal was $1,800.
Catania/Avidano - Parcel 39778920001 on the south side of 41" Ave NE, east of Everglades Blvd. N.
0 1.14-acres of vacant, unimproved land consisting of mixed scrub -shrub wetland, cypress, and mesic
flatwoods with 100% hydric mapped soils.
o An offer of $30,320 was made on June 18, 2024, and accepted on July 1, 2024. The purchase price of
$30,320 is 95% of the appraised value.
Dr. Robert H. Gore III Preserve: Potential public uses at Gore Preserve include hiking, nature photography, bird
watching, and environmental education. Hydrologic indicators such as karst topography, cypress knees, and
watermarks on buttressed cypress trees provide evidence of seasonal flooding. The mature cypress trees in the
preserve project indicate that the area has historically contained wetlands. The properties are within a historic
wetland area connecting east with the Florida Panther National Wildlife Refuge (FPNWR) via the old Ford Test
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Track. The Gore Preserve and surrounding lands enhance the FPNWR by acting as a buffer and providing a
reasonably large -sized wild land addition north of I-75. Wildlife underpasses at the adjacent Faka-Union and
nearby Miller canals create an ecological link south under 1-75 to the Picayune Strand State Forest. A little over two
miles to the west are the North Belle Meade Preserve and the North Belle Meade sending lands. The Gore Preserve
project is within the Florida Fish and Wildlife Conservation Commission (FWC) Primary Panther habitat zone.
The project area contains protected species of plants, including giant sword fern, several listed bromeliads in the
Tillandsia genus, and five native orchid species. The project area contains Florida panthers, Florida black bears,
and numerous other wildlife. The observed habitat and location would also support the presence of Everglades
mink, tricolored heron, and little blue heron, all state -protected species.
In February 2024, staff contracted with two independent, state -certified general real estate appraisal firms to
appraise all parcels within the Gore Project area. The appraisals provided an average appraised value of $23,000 an
acre for parcels between 1.14 and 2.73 acres, based on comparable sales from wetland, not upland parcels. The cost
to obtain the appraisals was $4,900.
Erickson - Parcel 41502360003 on the south side of 3411 Ave SE, west of Desoto Blvd S
0 1.14-acres of vacant, unimproved land consisting of cypress and mixed wetland hardwoods with non-
hydric mapped soils.
o An offer of $24,910 was made on June 25, 2024, and accepted on June 28, 2024. The purchase price of
$24,910 is 95% of the appraised value.
These acquisitions are consistent with the Conservation Collier Purchasing Policy, Resolution No. 2023-10, which
allows offer amounts 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 these properties is provided
herewith.
FISCAL IMPACT: The funds for these land acquisitions will be withdrawn from the Conservation Collier Trust
Fund (1061). Per the Collier County/FWCF MOU, FWCF will wire $39,585 to Conservation Collier Trust Fund
(1061) after the Cassity and Dinwiddie Trust Agreements are approved by the Board and after FWCF has received
documentation demonstrating that all MOU conditions have been met in preparation for the closings. The four
properties identified herein are comprised of a not -to -exceed acquisition cost of $140,600 as follows:
Seller
Acres
Appraised
Purchase
Closing Costs (title
Total
Initial 5
Long-term
Name
Value
Price
commitment, title
Purchase
Yr.
Annual
policy, closing fee,
Price
Maint
Maint
recording fees)
Costs
Costs
Cassity
1.59
$46,110
$46,110
$1,620
$47,730
$1,870
$240
Dinwiddie
1.14
$33,060
$33,060
$1,550
$34,610
$1,397
$171
Trust
Catania/
1.14
$31,920
$30,320
$1,530
$31,850
$1,400
$170
Avidano
Erickson
1.14
$26,220
$24,910
$1,500
j $26,410
j $2,600
j $300
TOTAL
5.01
$137,310
$134,400
$6,200
1 $140,600
1 $7,267
1 $881
As of September 10, 2024, the estimated property acquisition costs for Conservation Collier properties, including
these properties and those under contract, total $123,183,151. 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 PDR. The total maintenance costs for these parcels for the first five years (initial maintenance costs)
are estimated at $7,267. After initial restoration, the estimated maintenance costs for these parcels will be
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approximately $881 annually.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and
supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval. - SAA
RECOMMENDATION:
1) To approve the attached Agreements and accept the Warranty Deeds once approved by the County Attorney's
Office.
2) To authorize the Chairman to execute the Agreements and any and all other County Attorney's Office
approved documents related to these transactions; and
3) To authorize the County Manager or designee to prepare related vouchers and warrants for payments and to
take all reasonable steps necessary to ensure performance under the Agreements.
Prepared by: Melissa Hennig, Environmental Specialist I, Conservation Collier, Development Review Division
ATTACHMENT(S)
1. [Linked] Panther Walk appraisal - Carroll and Carroll (PDF)
2. [Linked] Panther Walk appraisal - RKL (PDF)
3. [Linked] WH Carroll and Carroll (PDF)
4. [Linked] Gore Appraisal - Carroll and Carroll (PDF)
5. [Linked] Gore Appraisal - RKL (PDF)
6. Cassity Agreement (PDF)
7. Cassity-PDR-PWP (PDF)
8. Dinwiddie Agreement (PDF)
9. Dinwiddie Trust-PDR-PWP (PDF)
10. Catania-Avidano Agreement (PDF)
11. Catania - Avidano-WH-PDR (PDF)
12. Erickson Agreement (PDF)
13. Erickson-PDR-Gore (PDF)
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16.A.8
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 29603
Item Summary: Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier
Land Acquisition Program with 1) Cinda Lu Cassity for a 1.59-acre parcel at a cost of $46,110; 2) Hollister A.
Dinwiddie, as a Trustee of the Amended and Restated James F. Dinwiddie Revocable Trust ("Dinwiddie Trust") for
a 1.14-acre parcel at a cost of $33,060; 3) James Catania and Stephanie Avidano for a 1.14-acre parcel at a cost of
$30,320; and 4) with Gerald W. Erickson for a 1.14-acre parcel at a cost of $24,910, for a total cost not to exceed
$140,600 inclusive of closing costs.
Meeting Date: 09/10/2024
Prepared by:
Title: — Facilities Management
Name: Vera Ivanova
08/07/2024 3:02 PM
Submitted by:
Title: — Facilities Management
Name: John McCormick
08/07/2024 3:02 PM
Approved By:
Review:
Public Services Department Melissa Hennig GMCDD Reviewer Completed 08/07/2024 3:11 PM
Development Review Summer BrownAraque GMCDD Reviewer Completed 08/08/2024 2:40 PM
Development Review Matt Denison GMCDD Reviewer Completed 08/09/2024 7:19 AM
Facilities Management John McCormick Director - Facilities Completed 08/12/2024 9:12 AM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 08/12/2024 3:01 PM
Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed
Operations & Regulatory Management Diane Lynch GMCDD Reviewer
Growth Management Community Development Department Diane Lynch
Unknown Jaime Cook 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
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke OMB Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
08/13/2024 3:34 PM
Skipped 08/15/2024 2:02 PM
GMCDD Reviewer Completed
08/22/2024 7:37 PM
Completed 08/29/2024 8:35 AM
Completed 09/03/2024 9:42 AM
Growth Management Completed
09/04/2024 1:24 PM
Completed 09/04/2024 1:49 PM
Completed 09/04/2024 2:20 PM
Completed 09/04/2024 2:28 PM
Completed 09/04/2024 2:45 PM
09/10/2024 9:00 AM
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CONSERVATION COLLIER
TAX ID NUMBER 38841640002
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Cinda Lu Cassity,
whose address is 5049 Barrington Cir, Sarasota, FL 34234 (hereinafter referred to as
"Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112 (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
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".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be FORTY-
SIX THOUSAND ONE HUNDRED TEN and 001100 dollars ($46,110.00), (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before one hundred and eighty (180) days
following execution of this Agreement by the Purchaser, or within thirty (30) days of
Purchaser's receipt of all closing documents, whichever is later. The Closing shall
be held at the office of the insuring title company or by mail. The procedure to be
followed by the parties in connection with the Closing shall be as follows:
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CONSERVATION COLLIER
TAX ID NUMBER: 38841640002
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.
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,
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CONSERVATION COLLIER
TAX 1D NUMBER 38841640002
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,
Phase II Environmental Assessment will be performed by the sole expense of
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
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
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0
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CONSERVATION COLLIER
TAX IQ NUMBER 38841640002
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.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
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CONSERVATION COLLIER
TAX ID NUMBER: 38841640002
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. Purchaser shall be
responsible for any damage to the Property done by Purchaser, its representatives
and agents and shall be required to return the Property to its pre-existing condition.
Purchaser shall indemnify, defend and hold harmless, Seller from any and all
injuries or damages to other property suffered in connection with Purchaser's
access to the Property to conduct its inspections. Indemnification by Purchaser
shall be subject to the limitations set forth in Florida Statutes, §768.28. Nothing in
this section shall be construed as a waiver by the Purchaser of its sovereign
immunity protections as provided in Florida Statutes, §768.28. 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.
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CONSERVATION COLLIER
TAX ID NUMBER: 38841640002
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have flailed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
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
CC Agreement 06/10/2024 Page 6 of 14
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CONSERVATION COLLIER
TAX ID NUMBER 38841640002
16.A.8.f
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that they have (it has) no knowledge that there is or
ever has been incinerators, septic tanks, or cesspools on the Property; all
waste, if any, is discharged into a public sanitary sewer system; Seller
represents that they have (it has) no knowledge that any pollutants are or have
been discharged from the Property, directly or indirectly into any body of water.
Seller represents that to their knowledge the Property has not been used for
the production, handling, storage, transportation, manufacture, or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents that they have (it has) no knowledge that there is or ever has been
any storage tanks for gasoline, or any other substances are or were located on
the Property at any time during or prior to Seller's ownership thereof. Seller
represents that they have (it has) no knowledge that any part of the Property
has ever been used as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
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CONSERVATION COLLIER
TAX ID NUMBER: 38841640002
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.
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
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CONSERVATION COLLIER
TAX ID NUMBER: 38841640002
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.
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: Attm Vera Ivanova
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Telephone number: 239-252-7609
Fax number: 239-252-8876
If to Seller: Cinda Lu Cassity
5049 Barrington Cir
Sarasota, FL 34234
Telephone number: 941-350-6174
Fax number: NIA
With a copy to: James Pickens. Kinsey Vincent Pyle
150 South Palmetto Ave, Suite 300
Daytona Beach, FL 32114
Telephone number: 386-252-1561
Fax number: 386-254-8157
CC Agreement 06110/2024 Page 9 of 14
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CONSERVATION COLLIER
TAX ID NUMBER: 3BB41640002
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.
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.
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 Ail 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.
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CONSERVATION COLLIER
TAX ID NUMBER: 38841640002
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.
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 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.
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CONSERVATION COLLIER
TAX 1D NUMBER 38841640002
16.A.8.f
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
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CONSERVATION COLLIER
TAX ID NUMBER: 38841640002
AS TO SELLER:
DATED: i ` a, 1 - a oa4
By: x `s
Print Name: Cilja C, ass►-ty
Approved as to form and legality:
�ryfj
1/� 1 ` ssistant County Attorney Q
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CONSERVATION COLLIER
TAX ID NUMBER: 38841640002
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 38841640002
East 105 feet of Tract No.25, Golden Gate Estates, Unit No.42, according to the map or
plat thereof recorded in Plat Book 7, page 27 of the Public Records of Collier County,
Florida
1.59 ACRES
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16.A.8.g
Conservation Collier Land Acquisition Program
Project Design Report
Cassity Property
Date: September 2024
Property Owner: Cinda Lu Cassity
Folios : 38841640002
Location: GOLDEN GATE EST UNIT 47 TR 25
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
AAL b BCC
7/14/2023
10/10/2023
5/1/2024
6/5/2024
Purpose of Proiect: Environmental Conservation — Conservation Collier Program
Program Oualifications:
This parcel is located on the western side of the Horsepen Strand adjacent to Panther Walk
Preserve. The Cassity 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 64a' 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.
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
Packet Pg. 196
16.A.8.g
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 Management Costs:
Management
Element
2025
2026
2027
2028
2029
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
Packet Pg. 197
16.A.8.g
0 1 2
Miles
PM CASSITY, CINDA LU
0 Under Contract
Offer Accepted
F—I Panther Walk Preserve A -list Parcel
Panther Walk Preserve
07
CONSSR ATION
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Coi r County
Packet Pg. 198
I I I I I
0 0.1
CASSITY, CINDA LU
Panther Walk Preserve A -list Parcel
Panther Walk Preserve
Miles
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I Packet Pg. 199
16.A.8. h
CONSERVATION COLLIER
TAX ID NUMBER: 39152480002
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Hollister A. Dinwiddie, as
a Trustee of the Amended and Restated James F. Dinwiddie Revocable Trust dated
January 13, 2011, whose address is 1004 Steeples Court, Falls Church, VA 22046
(hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail
East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
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".
Il. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be
Thirty -Three Thousand Sixty Dollars and 00/100 dollars ($33,060.00), (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before one hundred and eighty (180) days
following execution of this Agreement by the Purchaser, or within thirty (30) days of
Purchaser's receipt of all closing documents, whichever is later. The Closing shall
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CONSERVATION COLLIER
TAX ID NUMBER: 39152480002
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.
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.
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CONSERVATION COLLIER
TAX ID NUMBER 39152480002
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 II 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
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CONSERVATION COLLIER
TAX ID NUMBER 39152480002
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.
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CONSERVATION COLLIER
TAX ID NUMBER: 39152480002
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
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CONSERVATION COLLIER
TAX ID NUMBER 39152480002
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 WARRANTI
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.
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10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect. Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that they have (it has) no knowledge that there is or
ever has been incinerators, septic tanks, or cesspools on the Property; all
waste, if any, is discharged into a public sanitary sewer system; Seller
represents that they have (it has) no knowledge that any pollutants are or have
been discharged from the Property, directly or indirectly into any body of water.
Seller represents that to their knowledge the Property has not been used for
the production, handling, storage, transportation, manufacture, or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents that they have (it has) no knowledge that there is or ever has been
any storage tanks for gasoline, or any other substances are or were located on
the Property at any time during or prior to Seller's ownership thereof. Seller
represents that they have (it has) no knowledge that any part of the Property
has ever been used as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs.
construction. alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 Seller has no knowledge of unrecorded leases, licenses or 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.
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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.
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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 toy Attn- Vera Ivanova
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Telephone number: 239-252-7609
Fax number: 239-252-8876
If to Seller: Hollister A. Dinwiddie
1004 Steeples Court.
Falls Church, VA 22046
Telephone number: 571-201-7568
Fax number: N/A
11.02 The addressees and numbers f
changed by either party by giving written
in the manner provided herein. For the
addressees only. unless and until sw
addressee and respective address state
effect for all purposes.
XII REAL ESTATE BROKERS
Ir the purpose of this Article may be
notice of such change to the other party
)urpose of changing such addresses or
h written notice is received, the last
herein shall be deemed to continue in
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
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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. MISCELLANEO
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.
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.
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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 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.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
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CONSERVATION COLLIER
TAX ID NUMBER 39152480002
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
Deputy Clerk
Chris Hall, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
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CONSERVATION COLLIER
TAX ID NUMBER: 39152480002
AS TO SELLER:
DATED: ,,�1,�, O�e�c� L(
Print Name: Hollister A. Dinwiddie,
as a Trustee of The Amended and Restated
James F. Dinwiddie Revocable Trust dated 01/13/2011
Approved as to form and legality:
Assistant County Attornd�n_
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CONSERVATION COLLIER
TAX ID NUMBER 39152480002
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39152480002
The East 75 feet of the West 150 feet of Tract 106, Golden Gate Estates Unit No.47,
according to the map or plat thereof as recorded in Plat Book 7, Page 32, Public
Records of Collier County, Florida
1.14ACRES
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Conservation Collier Land Acquisition Program
Project Design Report
Dinwiddie Trust Property
Date: September 2024
Property Owner: Jacquelyn S. Dinwiddie Rv Trust
Folios : 39152480002
Location: GOLDEN GATE EST UNIT 47 TR 106
Size: 1.14 acres
Purchase Price: $33,060
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
AAL b BCC
7/14/2023
10/10/2023
5/l/2024
6/28/2024
Purpose of Proiect: Environmental Conservation — Conservation Collier Program
Program Oualifications:
This parcel is located on the northern side of the Horsepen Strand adjacent to Panther Walk
Preserve. The Dinwiddie Trust 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 72" d 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.
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.
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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 Management Costs:
Management
Element
2025
2026
2027
2028
2029
Exotics
$342
$228
$228
$228
$171
Signage
$200
Total
$542
$228
$228
$228
$171
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
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0 1 2
Miles
JACQUELYN S DINWIDDIE RV TRUST
0 Under Contract
Offer Accepted
Panther Walk Preserve A -list Parcel
Conservation Collier Panther Walk Preserve
CON$ ANON
C,O*� LLIER
Y County
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a 0.1
JACQUELYN S DINWIDDIE RV TRUST
Panther Walk Preserve A -list Parcel
Conservation Collier Panther Walk Preserve
Miles
CONSERVATION
Cep"I E R
CAT COUnty
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CONSERVATION COLLIER
TAX ID NUMBER 39778920001
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered Into by and between Stephanie Avidano and
James Catania whose addresses are 102 Valley View Rd. Bloomingburg, NY 12721
and 60 Halls Mills Rd Candia. NH 03034 (hereinafter referred to as "Seller"), and
COLLIER COUNTY, a political subdivision of the State of Florida. its successors and
assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112
(hereinafter referred to as "Purchaser")
WITNESSETH
WHEREAS. Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"). located In Collier County. State of Florida. and being more
particularly described in Exhibit "A". attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW. THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10 00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows
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".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty
thousand three hundred twenty Dollars and 001100 dollars ($30,320.00), (U.S.
Currency) payable at tirne of closing.
Ill. 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
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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
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.
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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 II 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 Sellers 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
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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.
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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 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
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CONSERVATION COLLIER
TAX 1D NUMBER 39778920001
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.
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CONSERVATION COLLIER
TAX ID NUMBER 39778920001
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof.
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that they have (it has) no knowledge that there is or
ever has been incinerators. septic tanks. or cesspools on the Property: all
waste, if any, is discharged into a public sanitary sewer system: Seller
represents that they have (it has) no knowledge that any pollutants are or have
been discharged from the Property. directly or indirectly into any body of water.
Seller represents that to their knowledge the Property has not been used for
the production, handling. storage, transportation. manufacture. or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents that they have (it has) no knowledge that there is or ever has been
any storage tanks for gasoline. or any other substances are or were located on
the Property at any time during or prior to Seller's ownership thereof Seller
represents that they have (it has) no knowledge that any part of the Property
has ever been used as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances. codes or regulation with which
Seller has not complied.
10.019 Seller has no knowledge of unrecorded leases, licenses or 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 06110,2024 Pa.7n 7 of 14
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CONSERVATION COLLIER
TAX ID NUMBER 39778920001
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., ("CERCiA" 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.
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CONSERVATION COLLIER
TAX ID NUMBER 39778920001
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.
Xl. 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: Vera lvanova
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples. Florida 34112
Telephone number: 239-252-7609
Fax number: 239-252-8876
If to Seller Stephanie Avidano
102 Valley View Rd.
Bloomingburg, NY 12721
Telephone number: 845-559-4501
Fax number NIA
If to Seller: James Catania
60 Halls Milks Rd.
Candia NH 03034
Telephone number.603-425-8762
Fax number NIA
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
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CONSERVATION COLLIER
TAX ID NUMBER 39778920001
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes
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.
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_
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CONSERVATION COLLIER
TAX ID NUMBER 39778920001
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.
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 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
SIGNATURES APPEAR ON THE FOLLOWING PAGES
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CONSERVATION COLLIER
TAX ID NUMBER 39778920001
16.A.8.j
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By: - - --
Chris Hall, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
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CONSERVATION COLLIER
TAX ID NUMBER- 39778920001
16.A.8.j
AS TO SELLER:
DATED -2i —ZaZ`f
: BY
Print Name: Stephanie Avidano
AS TO SELLER
DATED: Z�
B C.
Y
Print Name: James Catania
Approved as to form and legality:
Assistant County Attorney 0(
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CONSERVATION COLLIER
TAX IO NUMBER 39778920001
16.A.8. j
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39778920001
THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 72, UNIT 62, GOLDEN
GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 5. PAGE 87. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
1.14 ACRES
CC Agreement 06110/2024
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16.A.8.k
Conservation Collier Land Acquisition Program
Project Design Report
Catania/Avidano Property
Date: September 2024
Property Owner(s): Stephanie Avidano and James Catania
Folio: 39778920001
Location: GOLDEN GATE EST UNIT 62 TR 72
Size: 1.14 acres
Purchase Price: $30,320
History of Proiect:
Selected for the "A" category,
AAL most
Date of
Date Offer
#1 priority, on the Active
recently
Offer
Accepted
Acquisition List (AAL) by
approved by
CCLAAC
BCC
7/14/2023
10/10/2023
6/18/2024
7/l/2024
Purpose of Proiect: Environmental Conservation — Conservation Collier Program
Program Oualifications:
The Catania/Avidano 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.
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16.A.8.k
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, 391h, 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
2025
2026
2027
2028
2029
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.
2
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L i AVIDANO, STEPHANIE & JAMES CATANIA
Property Owner Accepted Offer
0 Winchester Head Preserve Project A -List Parcel
Winchester Head Preserve
Miles
CON#E WATI ON a CEO LLIEft
I i'er County _
E
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CONSERVATION COLLIER
TAX ID NUMBER: 41502360003
16.A.8.1
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Gerald W. Erickson,
whose address is 7198 Cobi PL NW, Bremerton, WA 98312 (hereinafter referred to as
"Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112 (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
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".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty-
four thousand nine hundred ten Dollars and 001100 dollars ($24,910.00), (U.S.
Currency) payable at time of closing.
Ill. 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:
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CONSERVATION COLLIER
TAX ID NUMBER: 41502360003
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.
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,
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16.A.8.1
CONSERVATION COLLIER
TAX ID NUMBER: 41502360003
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 li 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
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
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CONSERVATION COLLIER
TAX IQ NUMBER: 41502360003
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.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
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CONSERVATION COLLIER
TAX ID NUMBER: 41502360003
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
a contract vendee, including the right to seek specific performance of this
Agreement.
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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.
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
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CONSERVATION COLLIER
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Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that they have (it has) no knowledge that there is or
ever has been incinerators, septic tanks, or cesspools on the Property; all
waste, if any, is discharged into a public sanitary sewer system; Seller
represents that they have (it has) no knowledge that any pollutants are or have
been discharged from the Property, directly or indirectly into any body of water.
Seller represents that to their knowledge the Property has not been used for
the production, handling, storage, transportation, manufacture, or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents that they have (it has) no knowledge that there is or ever has been
any storage tanks for gasoline, or any other substances are or were located on
the Property at any time during or prior to Seller's ownership thereof. Seller
represents that they have (it has) no knowledge that any part of the Property
has ever been used as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 Seller has no knowledge of unrecorded leases, licenses or other
possessory interests, restrictions, easements, or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and
there are no maintenance, construction, advertising, management, leasing,
employment, service, or other contracts affecting the Property.
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
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CONSERVATION COLLIER
TAX ID NUMBER: 41502360003
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.
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.
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CONSERVATION COLLIER
TAX ID NUMBER: 41502360003
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: Vera Ivanova
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Telephone number: 239-252-7609
Fax number: 239-252-8876
If to Seller: Gerald W. Erickson
7198 Cobi PL NW,
Bremerton, WA 98312
Telephone number: 360-692-1664
Fax number: NIA
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.
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
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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 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.
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,
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CONSERVATION COLLIER
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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 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.
15.02 Seller and Purchaser acknowledge and agree that any portion of the
Property may be used for public road right of way and roadway related
improvements, including, but not limited to, stormwater and utility improvements,
at the sole discretion of Purchaser.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
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CONSERVATION COLLIER
TAX ID NUMBER: 41502360003
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 CHRIS HALL, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
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TAX ID NUMBER: 41502360003
AS TO SELLER:
DATED: /�,S / -A L .,z
By:
a
Print Name: Gerald W. Erickson
Approved as to form and legality
Assistant County Attorney
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CONSERVATION COLLIER
TAX ID NUMBER: 41502360003
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 41502360003
WEST 75 FEET OF THE EAST 180 FEET OF TRACT 26, GOLDEN GATE ESTATES,
UNIT NO.91, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT
BOOK 5, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
1.14 ACRES
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Conservation Collier Land Acquisition Program
Project Design Report
Erickson Property
Date: September 2024
Property Owner: Gerald Erickson
Folios : 41502360003
Location: GOLDEN GATE EST UNIT 91 TR 26
Size: 1.14 acres
Purchase Price: $24,910
History of Proiect:
Selected for the "A" category, #1
Selected for the "A"
Offer made
Offer accepted
priority, on the Active Acquisition List
category, #1 priority, on
to owners
AAL by CCLAAC
AAL b BCC
3/6/2024
6/25/2024
6/25/2024
6/28/2024
Purpose of Proiect: Environmental Conservation — Conservation Collier Program
Program Oualifications:
This parcel is within the Dr. Robert H. Gore III (Gore) Preserve target protection mailing area
which is just north of the Gore multi -parcel project boundary. The Erickson parcel was considered
due to its proximity to an existing Conservation Collier preserve. The Gore Preserve project area,
which includes the Erickson parcel, met 5 out of 6 Initial Screening Criteria identified in the
Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat,
potential for nature -based recreational and educational opportunities, protection of water resource
values and wetland dependent species habitat, presence of significant biological/ecological values,
listed species habitat, connectivity, and restoration potential.
The parcel offers access from 30 Ave. SE, west of Desoto Blvd. S. This property could
accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III
Preserve. Potential public uses include hiking, nature photography, bird watching, and
environmental education.
The Gore project area is approximately 75% wetlands, with the remaining 25% seasonal wetlands.
Significant areas of karst have been observed in the area. Karst is limestone terrain characterized
by sinkholes, caverns and underground streams, and is a wetland indicator. Plant communities
found on the property are consistent with mapped soils and provide habitat for wetland dependent
species. The project area is mapped by the South Florida Water Management District as
contributing 43' to 56" annually of water to the Surficial Aquifer System and can be expected to
contribute to the attenuation of area flood waters. Hydrologic indicators such as karst topography,
cypress knees, and water marks on buttressed cypress trees provide evidence of seasonal flooding.
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The mature cypress trees found on the property indicate that the area has historically contained
wetlands.
Invasive exotic plant species are present in significant amounts, up to 95% along the roadside and
approximately 50% interiorly. The primary invasive exotic plant is Brazilian pepper (Schinus
terebinthifolius), but others are likely also present.
The project area contains protected species of plants, including giant sword fern (Nephrolepis
biserrata) and several listed bromeliads in the Tillandsia genus. A neighbor and environmental
professional who is familiar with the property reported 5 native orchid species present within the
project area. The same neighbor has seen 5 panthers in the area since 2014 (including a panther
with kittens), dozens of Florida black bears (including females with cubs), and numerous other
wildlife. The observed habitat and location would support the presence of Everglades mink
(Neovison vison evergladensis), tricolored heron (Egretta tricolor), and little blue heron (Egretta
caerulea), all state -protected species.
The property is within an historic wetland area that connects on the east with the Florida Panther
National Wildlife Refuge (FPNWR) via the old Ford Test Track. The Gore Preserve and
surrounding lands enhance the FPNWR by acting as a buffer and providing a reasonably large
sized wild land addition north of I-75. There are wildlife underpasses at the adjacent Faka Union
and nearby Miller canals creating an ecological link south under I-75 to the Picayune Strand State
Forest. A little over two miles to the west are the North Belle Meade sending lands. The Gore
project is within the Florida Fish and Wildlife Conservation Commission (FWC) Primary Panther
habitat zone. The Erickson parcel expands the Gore Preserve. This parcel, joined with many others,
could permanently protect a corridor between North Belle Meade and the Florida Panther National
Wildlife Refuge.
Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern
Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification.
There are no additional land use overlays applicable.
Projected Management Activities: Projected management activities include the removal of
invasive plants, the development of a Land Management Plan, and continued development of
public access to selected portions of the preserve.
Estimated Management Costs:
Management
Element
2025
2026
2027
2028
2029
Exotics
$600
$500
$500
$500
$300
Signage
$200
Total
$800
$500
$500
$500
$300
SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL.
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Miles
0 ERICKSON, GERALD W
Dr. Robert H. Gore III A -list parcel
Gore Preserve Target Protection Mailing Area
Property Owner Accepted Offer
0 Property Under Contract
Dr. Robert H. Gore III Preserve
0 FL Wildlife Fed
CONSErl ATION
� CLLIER
Co der County -m.;
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Miles
Cal er County
a
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