Agenda 09/24/2024 Item #11H (Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with Mark Radel and Kausil Seepersad)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
September 24, 2024
Move item 17A to 9F: This item requires that Commission members provide ex-parte disclosure. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-
PL20230007642 to disclaim, renounce, and vacate the County and the Public interest in the 10-foot-wide public
road right-of-way easement over the westerly 10-feet of Tract A-1, as described in Official Record Book 1476,
Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet south of Immokalee
Road (CR-846) and 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26 East, Collier
County, Florida. (PL20230007642) (Companion to items 9A & 9B (PL20220003804 and PL20220003805))
(Staff’s Request)
Move item 16A2 to 11H: Recommendation to approve an Agreement for Sale and Purchase under the
Conservation Collier Land Acquisition Program with Mark Radel for a 1.14-acre parcel at a cost of $33,060 and
Kausil Seepersad for a 1.14-acre parcel at a cost of $24,910, for a total cost not to exceed $61,020 inclusive of
closing costs. (Commissioner LoCastro’s Request)
Item 11B to be heard at 10 AM: Recommendation to receive additional information regarding intersection safety
and countermeasures that may assist in reducing red light running. (Commissioner Saunder’s request)
Add on item 5A: Update on Potential Tropical Cyclone Nine from Dan Summers.
Notes: Item 9D: Item 9D is a companion of item 9E.
Item 16F4: The Signed Fourth Extension and Amendment was attached after the agenda was published.
Item 16F1: Commissioner McDaniel’s Performance Evaluation was attached after the agenda was
published.
TIME CERTAIN ITEMS:
Item 11B to be heard at 10 AM: Recommendation to receive additional information regarding intersection safety
and countermeasures that may assist in reducing red light running.
9/23/2024 8:21 PM
9/24/2024
Item # 16.A.2.
ID#: 2024-765
Executive Summary
Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition
Program with Mark Radel for a 1.14-acre parcel at a cost of $33,060 and Kausil Seepersad for a 1.14-acre parcel at a cost
of $24,910, for a total cost not to exceed $61,020 inclusive of closing costs.
OBJECTIVE: To purchase two parcels totaling 2.28 acres within the Conservation Collier Panther Walk 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. 11B, the Board of County Commissioners (Board) approved a Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) recommending Cycle 12A Active Acquisition List (AAL)
and directed staff to actively pursue acquisition of the properties under the Program. The Radel parcel, within the
Panther Walk Preserve multi-parcel project, was approved as an A-list property on the Cycle 12A AAL.
On June 25, 2024, Agenda Item 16.A.13., the Board of County Commissioners (Board) approved a Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) recommending Cycle 12B Active Acquisition List (AAL)
and directed staff to actively pursue acquisition of the properties under the Program. The Seepersad 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 I-75. These parcels significantly protect water resources and provide the Surficial Aquifer's
recharge capacity and were noted as such by Collier County Stormwater Management staff during the establishment of
this multi-parcel Project. Properties in this area are subject to frequent flooding. These parcels provide critical flood
water attenuation as more land is cleared and filled for development. Wetland vegetation on these parcels slows down
the flow of water and filters out nutrients and sediments before they reach the canals to the gulf.
The project area contains protected species of plants, including hand fern and four listed bromeliads in the Tillandsia
genus. The parcels provide high-quality habitat for wetland-dependent species, including the Florida black bear, listed
wading birds, and the Florida panther. The low-density nature of development in this neighborhood allows wildlife to
move relatively unimpeded across the landscape and north into the Corkscrew Regional Ecosystem Watershed. A
protected corridor is necessary to preserve wildlife's freedom of movement through this rapidly developing landscape.
Parcels within the project area protect the highly diverse Horsepen Strand, expand the Panther Walk Preserve, and
provide the backbone for a potential north-south corridor and necessary refugia for urban wildlife.
Staff contracted with two independent, state-certified, general real estate appraisal firms to appraise all parcels within
the Panther Walk Preserve Multi-parcel Project. The appraisals dated September 2023 provided an average appraised
value for wetland parcels within the Project at $29,000 per acre. The total cost to obtain the appraisals was $6,500.
Radel - Parcel 39147280000 on the south side of 66th Ave NE, west of Everglades Blvd. N.
o 1.14-acres of vacant, unimproved land consisting of forested cypress with 100% hydric mapped soils.
o The negotiated purchase price of $33,060 was agreed upon on July 24, 2024. The purchase price is the full
appraised value.
The Radel parcel is located within the Panther Walk Preserve project area north of 60th Ave and will be acquired as a
Page 1963 of 4908
fee simple purchase at full appraised value; therefore, it meets 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 the parcel, or
$16,530, toward its acquisition.
Dr. Robert H. Gore III Preserve: Potential public uses at Gore Preserve include hiking, nature photography, bird
watching, and environmental education. Hydrologic indicators such as karst topography, cypress knees, and watermarks
on buttressed cypress trees provide evidence of seasonal flooding. The mature cypress trees in the preserve project
indicate that the area has historically contained wetlands. The properties are within a historic wetland area connecting
east with the Florida Panther National Wildlife Refuge (FPNWR) via the old Ford Test Track. The Gore Preserve and
surrounding lands enhance the FPNWR by acting as a buffer and providing a reasonably large-sized wild land addition
north of I-75. Wildlife underpasses at the adjacent Faka-Union and nearby Miller canals create an ecological link south
under I-75 to the Picayune Strand State Forest. A little over two miles to the west are the North Belle Meade Preserve
and the North Belle Meade sending lands. The Gore Preserve project is within the Florida Fish and Wildlife
Conservation Commission (FWC) Primary Panther habitat zone.
The project area contains protected plant species, including giant sword fern, several listed bromeliads in the Tillandsia
genus, and five native orchid species. It also 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.
Seepersad - Parcel 41501920004 on the north side of 36th Ave SE, west of Desoto Blvd. S.
o 1.14 acres of vacant, unimproved land consisting of forested, 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 July 15, 2024. The purchase price of
$24,910 is 95% of the appraised value.
This acquisition is consistent with the Conservation Collier Purchasing Policy, Resolution No. 2023-10, which allows
staff to determine offer amounts but no more than the appraised value.
Pursuant to Ordinance 2024-17, Section 12(6), a Project Design Report ("PDR") for this property is provided herewith.
FISCAL IMPACT:
The funds for these land acquisitions will be withdrawn from the Conservation Collier Trust Fund (1061). Per the
Collier County/FWCF MOU, FWCF will wire $16,530 to Conservation Collier Trust Fund (1061) after the Radel
Agreement is approved by the Board and after FWCF has received documentation demonstrating that all MOU
conditions have been met in preparation for the closing. The two properties identified herein are comprised of a not-to-
exceed acquisition cost of $61,020 as follows:
Seller
Name
Acres Appraised
Value
Purchase
Price
Closing Costs (title
commitment, title policy,
closing fee, recording
fees)
Total
Purchase
Price
Initial
5 Yr.
Maint
Costs
Long-
term
Annual
Maint
Costs
Radel 1.14 $33,060 $33,060 $1,550 $34,610 $1,397 $171
Seepersad 1.14 $26,220 $24,910 $1,500 $26,410 $2,600 $300
TOTAL 2.28 $59,280 $57,970 $3,050 $61,020 $3,997 $471
As of September 24, 2024, the estimated property acquisition costs for Conservation Collier properties, including these
properties and those under contract, total $123,241,121. The funds for managing these parcels will be expended from the
Conservation Collier Maintenance Fund (1062). The initial maintenance costs are provided in the attached Project
Design Reports (PDR). The total maintenance costs for these parcels for the first five years (initial maintenance costs)
Page 1964 of 4908
are estimated at $3,997. After initial restoration, the estimated maintenance costs for these parcels will be approximately
$471 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
RECOMMENDATIONS: 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
ATTACHMENTS:
1. Radel Agreement
2. Radel-PDR-PWP
3. Seepersad Agreement
4. Seepersad-PDR-Gore
Page 1965 of 4908
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Mark P. Radel, whose
address is 505 S Runnymeade Ave, Evansville, lN 47714 (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:
1.01 ln consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
2.01 The purchase price (the "Purchase Price") for the Property shall Thirty-three
thousand sixty Dollars and 00/100 dollars ($33,060.00), (U.S. Currency)
payable at time of closing.
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before one hundred and eighty (180) days
following execution of this Agreement by the Purchaser, or within thirty (30) days of
Purchaser's receipt of all closing documents, whichever is later. The Closing shall
be held at the office of the insuring title company or by mail. The procedure to be
followed by the parties in connection with the Closing shall be as follows:
CC Agreement 06/1 0/2024 Page 'l of '14
(*)
CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
I. AGREEMENT
II, PAYMENT OF PURCHASE PRICE
il. cLostNG
Page 1966 of 4908
CONSERVATION COLLIER
TAX lD NUMBERT 39147240000
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 Wananty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions, or conditions of record
3.01 12 Combined Purchaser-Seller closing statement.
3.0113 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as required by
Section 1445 of the lnternal Revenue Code and as required by the title
insurance undenrvriter to insure the "gap" and issue the policy contemplated
by the title insurance commitment.
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 4.0'1 1 thereto, and the Title Company is irrevocably
committed to pay the Purchase Price to Seller and to issue the Owner's title
policy to Purchaser in accordance with the commitment immediately after the
recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article lll hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201 .01 ,
CC Agreement 06/10/2024 Page 2 of 14
3.0114 A W-9 Form, "Request for Taxpayer ldentification and Certification"
as required by the lnternal Revenue Service.
@Page 1967 of 4908
CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
Florida Statutes, and the cost and electronic fee of recording any instruments
necessary to clear Seller's title to the Property. The cost of the Owner's Form B
Title Policy, issued pursuant to the Commitment provided for in Section 4.011
below, shall be paid by Purchaser. The cost of the title commitment shall also be
paid by Purchaser. lf required by a Phase I report and desired by Purchaser,
Seller shall pay for a Phase ll Environmental Assessment selected by Purchaser.
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.01 1 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title lnsurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any, which
obligations shall be paid at closing. lf the title commitment contains exceptions
that make the title unmarketable, Purchaser shall deliver to the Seller written
notice of its intention to waive the applicable contingencies or to terminate this
Ag reement.
4.012 lt Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects to convey good
and marketable title at Seller's expense, except for liens or monetary
obligations which will be satisfied at Closing. Seller, at its sole expense, shall
use its best efforts to make such title good and marketable. ln the event Seller
is unable to cure said 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
CC Agreement 06/10/2024 Page 3 of 14 @
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. lf Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV, REQUIREMENTS AND CONDITIONS
Page 1968 of 4908
CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
deemed an election by Purchaser to accept the exceptions to title as shown in
the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within ten (10) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. lf the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or projection,
or lack of legal access, or Purchaser may terminate the Agreement. A failure
by Purchaser to give such written notice of termination within the time period
provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred twenty (120) days from the date of this
Agreement, ("lnspection Period"), to determine through appropriate investigation
that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal environ-
mental laws and the Property is free from any pollution or contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
CC Agreement 06/10/2024 Page 4 of 14
@Page 1969 of 4908
5.02 lf Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
lnspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. lf Purchaser fails to notifo the Seller
in writing of its specific objections as provided hereln within the lnspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. ln
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of current year taxes, and
shall be paid by Seller.
CC Agreement 06/10/2024 Page 5 of 14
@
CONSERVATION COLLIER
TAX lD NUIvIBER: 39147280000
VI. INSPECTION
VII. POSSESSION
IX. TERMINATION AND REMEDIES
9.01 lf Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Ag reement.
Page 1970 of 4908
CONSERVATION COLLIER
TAX lD NU[,4BER: 39147280000
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
10.0'1 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
CC Agreement 06/'10/2024 Page 6 of 14
@Page 1971 of 4908
CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
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.
10.01 8 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 06/10/2024 Page 7 of 14
'e
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
Page 1972 of 4908
CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ('CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
CC Agreement 06/10/2024 Page I of 14
CD
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.
Page 1973 of 4908
CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
XI. NOTICES
'1 '1 .0'1 Any notice, request, demand, instruction, or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
lf to Purchaser:Summer Araque, Coordinator
Conservation Collier Program
Collier County Parks and Recreation Division
Public Services Department
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, Florida 341 16
With a copy to:Attn: Vera lvanova
Collier County Real Property Management
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Telephone number: 239-252-7 609
Fax number: 239-252-8876
lf to Seller:Mark P. Radel
505 S Runnymeade Ave,
Evansville, lN 47714
Telephone number: 812-7 46-2564
Fax number: N/A
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
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,
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XII. REAL ESTATE BROKERS
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CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend, or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 lf any date specified in this Agreement falls on a Saturday, Sunday, or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
'13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 lf the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever
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XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
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CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
'14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty, or
covenant not included in this Agreement, or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement.
15.01 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.
rF\
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for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (lf the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
XV. ACKNOWLEDGMENT OF POTENTIAL FUTURE USE
S/GNATURES APPEAR ON THE FOLLOWNG PAGES
CC Agreement 06/10/2024
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CONSERVATION COLLIER
TAX lO NUITBER: 39147280000
lN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjecUAcquisition Approved by BCC:_
AS TO PURCHASER:
ATTEST:
CRYSTAL K KINZEL, Clerk of the
Circuit Court and Comptroller
BOARD OF COUNry COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk CHRIS HALL, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
CC Agreement 06/10/2024 Page 12 of 14
4.")
Page 1977 of 4908
By:
CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
AS TO SELLER:
DATED:
Print Name:V
Approved as lo form and legality:
a 7oZ +
o-il-L
e-P
Assislant County Attorney
CC Agreement 06 l'l Ol2O24
ts
Page t3 of 14
r"h
Page 1978 of 4908
CONSERVATION COLLIER
TAX lD NUMBER: 39147280000
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39'147280000
WEST 75' OF THE WEST 150' OF TRACT 64, GOLDEN GATE ESTATES, UNIT
NO.47, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7,
PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNry, FLORIDA
1.14 ACRES
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1
Conservation Collier Land Acquisition Program
Project Design Report
Radel Property
Date: September 2024
Property Owner: Mark P. Radel
Folio(s): 39147280000
Location: GOLDEN GATE EST UNIT 47 TR 64
Size: 1.14 acres
Purchase Price: $33,060
History of Project:
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
This parcel is located on the northern side of the Horsepen Strand near a Panther Walk Preserve
parcel. The Radel 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 66th 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.
Selected for the “A” category, #1
priority, on the Active Acquisition
List (AAL) by CCLAAC
Selected for the “A”
category, #1 priority, on
AAL by BCC
Purchase offer
made to owners
Purchase offer
accepted
7/14/2023 10/10/2023 5/1/2024 7/24/2024
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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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CONSERVA■ON COLLIER
TAXtD NuMBER:41501920004
lN WTNESS WHEREOF, the parties hereto have signed below.
Dated Prolect/Acquislion Approved by BCC:
AS TO PURCHASER:
ATTEST:
CRYSTAL K KINZEL,Cierk of the
Circul Coun and comptro∥er
OF COUNTY COMMiSS:ONERS
COUNTY,FLOR:DA
CHR:S HALL,Chairrnan, Deputy Clerk
By:
AS TO SELLER:
App●ved as to“m andleg●1■:Asstttnt COunty(lll;I(DX
③CC Alree腱
“
け 1餃 024 Pa9o 12 o113
DATED: 5
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Conservation Collier Land Acquisition Program
Project Design Report
Seepersad Property
Date: August 2024
Property Owner: Kausil Seepersad
Folio(s): 41501920004
Location: GOLDEN GATE EST UNIT 91 TR 22
Size: 1.14 acres
Purchase Price: $24,910
History of Project:
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
This parcel is within the Dr. Robert H. Gore III (Gore) Preserve target protection mailing area
which is just north of the Gore multi-parcel project boundary. The Seepersad parcel was considered
due to its proximity to an existing Conservation Collier preserve. The Gore Preserve project area,
which includes the Seepersad 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 36th 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.
Selected for the “A” category, #1
priority, on the Active Acquisition List
(AAL) by CCLAAC
Selected for the “A”
category, #1 priority, on
AAL by BCC
Offer made
to owners
Offer accepted
3/6/2024 6/25/2024 6/25/2024 7/13/2024
Page 1997 of 4908
2
The mature cypress trees found on the property indicate that the area has historically contained
wetlands.
Invasive exotic plant species are present in significant amounts, up to 95% along the roadside and
approximately 50% interiorly. The primary invasive exotic plant is Brazilian pepper (Schinus
terebinthifolius), but others are likely also present.
The project area contains protected species of plants, including giant sword fern (Nephrolepis
biserrata) and several listed bromeliads in the Tillandsia genus. A neighbor and environmental
professional who is familiar with the property reported 5 native orchid species present within the
project area. The same neighbor has seen 5 panthers in the area since 2014 (including a panther
with kittens), dozens of Florida black bears (including females with cubs), and numerous other
wildlife. The observed habitat and location would support the presence of Everglades mink
(Neovison vison evergladensis), tricolored heron (Egretta tricolor), and little blue heron (Egretta
caerulea), all state-protected species.
The property is within an historic wetland area that connects on the east with the Florida Panther
National Wildlife Refuge (FPNWR) via the old Ford Test Track. The Gore Preserve and
surrounding lands enhance the FPNWR by acting as a buffer and providing a reasonably large
sized wild land addition north of I-75. There are wildlife underpasses at the adjacent Faka Union
and nearby Miller canals creating an ecological link south under I-75 to the Picayune Strand State
Forest. A little over two miles to the west are the North Belle Meade sending lands. The Gore
project is within the Florida Fish and Wildlife Conservation Commission (FWC) Primary Panther
habitat zone. The Seepersad 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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