Agenda 10/22/2024 Item #16B12 (Agreements for the purchase of parcels required for construction of the Lake Pard Flow Way Project and appove the necessary BA)10/22/2024
Item # 16.B.12
ID# 2024-1050
Executive Summary
Recommendation to approve two Agreements for the purchase of Parcels 101FEE1 and 101FEE2 required for
construction of the Lake Park Flow Way Project (Project 60246) and to approve the necessary Budget Amendment.
Estimated Fiscal Impact: $583,550.
OBJECTIVE: To purchase property needed for construction of the Lake Park Flow Way Project (the “Project”).
CONSIDERATIONS: Collier County is seeking to purchase in fee simple, Parcels 101FEE1 and 101FEE2
(collectively, the “Parcels”). The Parcels total 9.62 acres and are owned by Karl J. Tooley. Located south of Tamiami
Trail East on the west side of Auto Ranch Road, these Parcels are essential for the construction of flow ways and related
project improvements.
The attached appraisal reports, prepared by Collier County Review Appraiser, Lisa Barfield, estimated the compensation
amount for each Parcel to be $290,000. The property owner’s initial demand was $300,000 for each Parcel. The
attached Agreements reflect negotiated purchase prices for each Parcel of $290,000, being the County’s appraised
values, for a total of $580,000. The Transportation Engineering Division accordingly recommends approval of the
Agreements.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective stormwater
management system.
FISCAL IMPACT: A budget amendment in the amount of $578,550 is required to transfer funding within the
Stormwater CIP Fund (3050) Lake Park Flowway Project (60246) to cover the negotiated compensation amount of
$580,000 and estimated miscellaneous closing and recording fees of $3,550. Source of funding is Stormwater CIP
funds. No maintenance costs are anticipated until such time the Project is constructed.
GROWTH MANAGEMENT IMPACT: This Project is in accordance with the goals, objectives, and policies of all
applicable sections of the Stormwater Management Sub-element and the Conservation and Coastal Management
Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office. If the County needs to
acquire this right-of-way by eminent domain, the costs of acquisition will be significantly greater than the proposed
compensation and could lead to substantial project delays and costs. With that noted, this item is approved as to form
and legality and requires majority vote for approval. – DDP
RECOMMENDATIONS:
1. Approve the attached Agreements and authorize the Chairman to execute same on behalf of the Board;
2. Accept the conveyance of Parcels 101FEE1 and 101FEE2 and authorize the County Manager, or her designee,
to record the conveyance instrument in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Agreements to close the transactions;
4. Authorize the County Manager or her designee to take the necessary measures to ensure the County’s
performance in accordance with the terms and conditions of the Agreements; and
5. Authorize any, and all, budget amendments that may be required to carry out the collective will of the Board.
PREPARED BY: Ronald Thomas, Property Acquisition Specialist I, Right of Way Acquisition, Transportation
Engineering Division.
Page 2877 of 7162
10/22/2024
Item # 16.B.12
ID# 2024-1050
ATTACHMENTS:
1. Location Map - Parcel 101FEE1 and 101FEE2
2. Appraisal DOV 09-03-24 101FEE1
3. Appraisal DOV 09-03-24 101FEE2
4. Purchase and Sale Agreement 101FEE1
5. Purchase and Sale Agreement 101FEE2
6. BA 3050-172940-33554 to 60246 $578550
Page 2878 of 7162
AERIAL – PARCELS 101FEE1 & 101FEE2
(Lake Park Flow Way Project No. 60246)
PARCEL 101FEE1
PARCEL 101FEE2
/
Auto Ranch Road Page 2879 of 7162
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
PROJECT NAME: Lake Park Flow Way #60246 CLIENT: Collier County ROW Acquisition, Transportation Engineering
SUBJECT PROPERTY IDENTIFICATION:
Parcel Reference: 101FEE1 Parent Tract Legal Descriptions: 20 51 27 BEG SW CNR SEC, E 637.99FT, N 1650FT TO POB, W 636.24FT, N 660FT, E 635.54FT, S 660FT TO POB Parent Track Folio #: 00767920009
Owner: Tooley, Karl
Property Rights Being Valued: Fee simple estate.
Last Property Transfers: 7/03/2012 for $77,000
DESCRIPTION OF SUBJECT PROPERTY: The subject property, parcel 101FEE1, is located on the west side of Auto Ranch Rd just south of Tamiami
Trail East (U.S. 41) and consists of the southerly 330 ft of the parent tract folio # 00767920009. The subject property is a wooded parcel consisting of 4.81- acres
(330 ft x 635 ft) with 330 ft of frontage on Auto Ranch Rd. For the purposes of this appraisal, it is considered to be unimproved.
INTENDED USE OF THE APPRAISAL: Collier County Capital Stormwater Management has been identified the subject parcel as a necessary
acquisition for the Lake Park Flow Way Project #60246. This property owner has expressed an interest in selling the property. This valuation will be
used to determine the market value of the subject property and to negotiate a proposed purchase price.
MARKET VALUE DEFINED: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed
terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale,
with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.
SCOPE OF WORK: To estimate market value of real property interest using the sales comparison approach. Complete cost or income approaches
only if necessary for credible assignment results. Analyze data collected through public records of Collier County, and the Naples Area Board of
REALTOR® Multiple Listing Service.
HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS:
Hypothetical Conditions: None
Extraordinary Assumptions: The appraiser did not inspect the subject property on the date of value. The appraiser is relying on information
obtained through MLS Data and public records of Collier County. The owner of the subject property has indicated that the property will be sold
unimproved other than a concrete pad, pump and septic sewage system. The condition of these improvement is unknown, and they are assumed
to add negligible value.
Limiting Conditions: The information and opinions contained in this appraisal set forth the appraiser’s best judgment in light of the information
available at the time of the preparation of this report.
This appraisal was prepared for and is the property of Collier County Board of Commissioners. Reliance upon the appraisal for other uses is
prohibited.
PROPERTY HISTORY (AGREEMENTS OF SALE, OPTIONS, OR LISTINGS WITHIN 3 YEARS OF THE EFFECTIVE DATE): None
Page 2880 of 7162
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
Page 2
PRESENT ZONING: A (Rural Agricultural District) FUTURE LAND USE: Agricultural (AG) within the Rural Fringe Mixed
Use Overlay District- Neutral
HIGHEST AND BEST USE: Based upon an analysis of the subject property and its environs (with consideration given to zoning, physical aspects of
the subject property, economic/market trends) the maximally productive use of the subject property would be for a single-family home.
THE SALES COMPARISON APPROACH TO VALUE: Recent sales of properties generally similar to the subject are identified and compared to the
subject. Using the elements of comparison, the comparable properties’ sales prices are adjusted to produce value indications. The reconciliation of
these value indications is used to provide an estimate of a single value indication or a range of values.
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS: : The limited sales of developable 5-acre single-family home
sites, with wetlands or with no informal wetlands determination, within the Rural Fringe Mixed Use district or in Golden Gate Estates area where
reviewed. The following sales were deemed to be the best indicators of value and are used to develop an opinion of the market value of the subject
property using the Sales Comparison Approach:
1. 800 Auto Ranch Rd, Naples (Folio #00767880000) Sale Price: $280,000 Sale Date: 09/2023
2. Trinity Place, Naples (Folio #00760680003) Sale Price: $337,500 Sale Date: 05/2023 3. 10th Ave NE Naples (Folio #37494000003) Sale Price: $325,000 Sale Date: 05/2023
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS
Sale #1 is a 4.8-acre agricultural zoned parcel within the Rural Fringe Mixed Use Overlay District- Neutral located on the east side of Auto Ranch Rd. It
is an unimproved wooded site. Normal topographical conditions for the area. The sales price reflects an underlying land value of $58,300/acre. The
lot has similar characteristics to that of the subject.
Sale #2 is a 4.8-acre agricultural zoned parcel within the Rural Fringe Mixed Use Overlay District- Receiving located on the North side of U.S. 41.
It is an unimproved wooded site. Normal topographical conditions for the area. The sales price reflects an underlying land value of $70,300/acre.
The lot has superior zoning but is otherwise similar to the subject.
Sale #3 is a 5.00-acre Estates zoned parcel located on 10th Ave NE in the Golden Gate Estates area of greater Naples. It is an unimproved wooded
site. Normal topographical conditions for the area. The sale price reflects an underlying land value of $65,000/acre. The lot has superior zoning but is
otherwise similar to the subject.
The sales cited show an underlying land value range of $58,300 to $70,300. The mid-range underlying land value is $64,500 per acre. The weighted
adjusted underlying land value was determined to be $60,200 and is supported with this market data. The subject property would therefore be
valued at: $60,200/acre x 4.81 acres = $290,000 (rounded).
DATE OF VALUE: 08/21/2024 REPORT DATE: 09/03/2024
MARKET VALUE ESTIMATE: $290,000
Page 2881 of 7162
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
Page 3
CERTIFICATE OF APPRAISAL
I hereby certify that, to the best of my knowledge and belief, . . .
• The statements of fact contained in this report are true and correct.
• The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,
and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report. I am a full-time employee of
the Collier County Board of County Commissioners. However, my employment is not contingent on advocating for
Collier County
• I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this
report within the three-year period immediately preceding the agreement to perform this assignment.
• My engagement in the assignment was not contingent upon developing or reporting predetermined results.
• My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or direction
in value that favors the cause of my employer, the amount of the value estimate, the attainment of a stipulated result,
or the occurrence of a subsequent event.
• My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the
Uniform Standards of Professional Appraisal Practice.
• An inspection of the subject property was not done.
• No one provided significant real property appraisal assistance to the person signing this certification.
_
Lisa Barfield
St. Cert. Gen. REA RZ2862
Review Appraiser, ROW Acquisition
Transportation Engineering Division
Collier County, Florida
Page 2882 of 7162
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
PROJECT NAME: Lake Park Flow Way #60246 CLIENT: Collier County ROW Acquisition, Transportation Engineering
SUBJECT PROPERTY IDENTIFICATION:
Parcel Reference: 101FEE2 Parent Tract Legal Descriptions: 20 51 27 BEG SW CNR SEC, E 637.99FT, N 1650FT TO POB, W 636.24FT, N 660FT, E 635.54FT, S 660FT TO POB Parent Track Folio #: 00767920009
Owner: Tooley, Karl
Property Rights Being Valued: Fee simple estate.
Last Property Transfers: 7/03/2012 for $77,000
DESCRIPTION OF SUBJECT PROPERTY: The subject property, parcel 101FEE2, is located on the west side of Auto Ranch Rd just south of Tamiami
Trail East (U.S. 41) and consists of the northerly 330 ft of the parent tract folio # 00767920009. The subject property is an unimproved and heavily wooded area
consisting of 4.81- acres (330 ft x 635 ft) with 330 ft of frontage on Auto Ranch Rd.
INTENDED USE OF THE APPRAISAL: Collier County Capital Stormwater Management has been identified the subject parcel as a necessary
acquisition for the Lake Park Flow Way Project #60246. This property owner has expressed an interest in selling the property. This valuation will be
used to determine the market value of the subject property and to negotiate a proposed purchase price.
MARKET VALUE DEFINED: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed
terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale,
with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.
SCOPE OF WORK: To estimate market value of real property interest using the sales comparison approach. Complete cost or income approaches
only if necessary for credible assignment results. Analyze data collected through public records of Collier County, and the Naples Area Board of
REALTOR® Multiple Listing Service.
HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS:
Hypothetical Conditions: None.
Extraordinary Assumptions: The appraiser did not inspect the subject property on the date of value. The appraiser is relying on information
obtained through MLS Data and public records of Collier County.
Limiting Conditions:
The information and opinions contained in this appraisal set forth the appraiser’s best judgment in light of the information available at the time of the
preparation of this report.
This appraisal was prepared for and is the property of Collier County Board of Commissioners. Reliance upon the appraisal for other uses is
prohibited.
PROPERTY HISTORY (AGREEMENTS OF SALE, OPTIONS, OR LISTINGS WITHIN 3 YEARS OF THE EFFECTIVE DATE): None
Page 2883 of 7162
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
Page 2
PRESENT ZONING: A (Rural Agricultural District) FUTURE LAND USE: Agricultural (AG) within the Rural Fringe Mixed
Use Overlay District- Neutral
HIGHEST AND BEST USE: Based upon an analysis of the subject property and its environs (with consideration given to zoning, physical aspects of
the subject property, economic/market trends) the maximally productive use of the subject property would be for a single-family home.
THE SALES COMPARISON APPROACH TO VALUE: Recent sales of properties generally similar to the subject are identified and compared to the
subject. Using the elements of comparison, the comparable properties’ sales prices are adjusted to produce value indications. The reconciliation of
these value indications is used to provide an estimate of a single value indication or a range of values.
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS: : The limited sales of developable 5-acre single-family home
sites, with wetlands or with no informal wetlands determination, within the Rural Fringe Mixed Use district or in Golden Gate Estates area where
reviewed. The following sales were deemed to be the best indicators of value and are used to develop an opinion of the market value of the subject
property using the Sales Comparison Approach:
1. 800 Auto Ranch Rd, Naples (Folio #00767880000) Sale Price: $280,000 Sale Date: 09/2023
2. Trinity Place, Naples (Folio #00760680003) Sale Price: $337,500 Sale Date: 05/2023 3. 10th Ave NE Naples (Folio #37494000003) Sale Price: $325,000 Sale Date: 05/2023
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS
Sale #1 is a 4.8-acre agricultural zoned parcel within the Rural Fringe Mixed Use Overlay District- Neutral located on the east side of Auto Ranch Rd. It
is an unimproved wooded site. Normal topographical conditions for the area. The sales price reflects an underlying land value of $58,300/acre. The
lot has similar characteristics to that of the subject.
Sale #2 is a 4.8-acre agricultural zoned parcel within the Rural Fringe Mixed Use Overlay District- Receiving located on the North side of U.S. 41.
It is an unimproved wooded site. Normal topographical conditions for the area. The sales price reflects an underlying land value of $70,300/acre.
The lot has superior zoning but is otherwise similar to the subject.
Sale #3 is a 5.00-acre Estates zoned parcel located on 10th Ave NE in the Golden Gate Estates area of greater Naples. It is an unimproved wooded
site. Normal topographical conditions for the area. The sale price reflects an underlying land value of $65,000/acre. The lot has superior zoning but is
otherwise similar to the subject.
The sales cited show an underlying land value range of $58,300 to $70,300. The mid-range underlying land value is $64,500 per acre. The weighted
adjusted underlying land value was determined to be $60,200 and is supported with this market data. The subject property would therefore be
valued at: $60,200/acre x 4.81 acres = $290,000 (rounded).
DATE OF VALUE: 08/21/2024 REPORT DATE: 09/03/2024
MARKET VALUE ESTIMATE: $290,000
Page 2884 of 7162
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
Page 3
CERTIFICATE OF APPRAISAL
I hereby certify that, to the best of my knowledge and belief, . . .
• The statements of fact contained in this report are true and correct.
• The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,
and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report. I am a full-time employee of
the Collier County Board of County Commissioners. However, my employment is not contingent on advocating for
Collier County
• I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this
report within the three-year period immediately preceding the agreement to perform this assignment.
• My engagement in the assignment was not contingent upon developing or reporting predetermined results.
• My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or direction
in value that favors the cause of my employer, the amount of the value estimate, the attainment of a stipulated result,
or the occurrence of a subsequent event.
• My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the
Uniform Standards of Professional Appraisal Practice.
• An inspection of the subject property was not done.
• No one provided significant real property appraisal assistance to the person signing this certification.
_
Lisa Barfield
St. Cert. Gen. REA RZ2862
Review Appraiser, ROW Acquisition
Transportation Engineering Division
Collier County, Florida
Page 2885 of 7162
PROJECT: 60246-Lake Park Flow Way
PARCEL: 101FEEl
FOLIO: 00767920009
PURCHASE AND SALE AGREEMENT
(partial fee simple)
THIS PURCHASE AND SALE AGREEMENT (''Agreement'') is entered into this _ day of
2024, by and between KARL J. TOOLEY, a single person, whose mailing address is 780 'l5e
ST NW, Naples, FL 34120-1914 ("Sellei'), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3299 TamiamiTrail East, c/o County Attorney's Office, Suite 800, Naples,
FL 34112 (the "County").
Recitals:
A. Seller owns certain real property in Collier County, Florida, commonly known as 801 Auto
Ranch Road, Naples, FL 34114 (the "Property"); and
B. The County desires to purchase a portion of Seller's Property as described in Exhibit "A'
attached hereto (the "Parcel').
NOW THEREFORE, the parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County
hereby agrees to purchase the Parcel on the terms and conditions set forth in this Agreement.
2, COMPENSATION
A. Amount. The compensation payable by the County for the Parcel shall be $290,000, subject
to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion
ofthe compensation is attributable to personal property.
B. Full Comoensation. The payment of the net sales proceeds to Seller, payable by County
check at Closing (deflned below), shall be (i) full compensation for the Parcel, including, without limitation,
all improvements located on the Parcel as of the date of this Agreement; and (ii) full and final settlement of
all other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of
the Parcel to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, attorneys'fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DA : POSSESSION.
A. Closino Date. Seller's conveyance of the Parcel to the County (the "Closing") shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME
lS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation
Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104.
B. No Adverse Chanqes: Risk of Loss. The County's obligation to close shall be contingent
upon the County having determined that, between the date that the County completes its due diligence
investigations and inspections under this Agreement and the Closing, there shall have been no adverse
changes in the title, physical condition of the Parcel, or other matters previously approved by the County.
Between the date of the parties' execution of this Agre€ment and the Closing, risk of loss shall be borne by
Seller. lf the Parcel is damaged prior to Closing, excluding damage caused by the County, Seller shall
repair and restore the Parcel at Seller's expense.
C. Possession. Seller shall remove Seller's personal property, vacate, and surrender
possession of the Parcel to the County at Closing. Seller shall leave the Parcel free of all personal property
c4r-t
1
Page 2886 of 7162
and debris and in substantially the same condition as exists on the date of Selleds execution of this
Agreement. The County shall have the right to inspect the Parcel prior to Closing.
4. CLOSING DOCUMENTS. As soon afier the parties' execution of this Agreement as is
possible, Seller shall (i) provide the County with a copy of Sellefs property survey and title insurance policy
for the Property, if any, and (ii) deliver the following documents to the County, properly executed and in a
form approved by the Collier County Attorney's Office (the 'Closing Documents"):
a
b
c
d
e
Warranty Deed;
Closing Statement;
Atfidavit of Title;
Form W-9 (Request for Taxpayer ldentification Number and Certification);
Evidence oflegal authority and capacity ofthe individual executing this Agreement on behalf
of Seller to execute and deliver this Agreement and the Closing Documents;
A Satisfaction, Partial Release, or Termination from the holder of each mortgage or other lien
open of record encumbering the Parcel;
A Partial Release or Termination of any leases or rental agreements that encumber the
Parcel,
A Termination, Vacation or Subordination of any existing easement that encumbers the
Parcel, if required by the Countyi and
Such other documents as the County or title company deems necessary or appropriate to
clear title to the Property.
(0
(s)
(h)
(i)
A. Countv's Closinq Costs. At Closing, the County shall pay (i) the recording fees to record the
conveyance instrument(s) and any curative instruments required to clear title; and (ii) the cost of an owner's
policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay
reasonable costs incurred and/or processing fees required by mortgagees or other lien holders in
connection with the delivery of properly executed Satisfaction, Releases, or Terminations of any liens open
of record encumbering the Property. The County shall have sole discretion as to what constitutes
"reasonable costs and/or processing fees."
2
qo
Following the Closing, Seller shall execute any and all additional documents as may be requested by the
County or title company to conect clerical errors, clear title, or otheMise €rry out the intent of the parties.
5. CLOSING COSTSAND DEDUCTIONS.
B. Seller's Closinq Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes
required on the conveyance instrument(s) in accordance with Section 20'1.01, Florida Statutes, unless the
Property is acquired under the threat of condemnation, in which case the conveyance is exempt from state
documentary stamp taxes; (ii) any apportionment and distribution of the full compensation amount provided
for in this Agreement that may be required by any mortgagee, lien holder, or other encumbrance holder as
payoff, paydown, or for the protection of its security interest, or as consideration due to any diminulion in
the value of its property right; (iii) all taxes and assessments that are due and payable; and (iv) the full
amount of condominiurn/homeowner association special assessments and govemmentally imposed liens
or special assessments (other than CDD/MSTU assessments) which are a lien or a special assessment
that is certain as to the identity of the lienor or assessor, the property subject to the lien or special
assessment, and the amount of the lien or special assessment. lf the Property is located within a
Community Development District ('CDD") or Municipal Service or Beneflt Taxing Unit ("MSTU"), the County
shall assume any outstanding capital balance on the Parcel.
C. Prorations. The following items shall be prorated as of the date of Closing, with the County
entitled to the date of Closing: (i) ad valorem taxes based upon the most current assessment available,
without discount, provided that if the current year's tax bill is not yet available, but a TRIM Notice has been
issued, the ad-valorem taxes shall be prorated based upon the amount set forth therein; (ii)
condominium/homeowner association assessments (other than those required to be paid in full under
subparagraph B ofthis paragraph), and (iii) CDD/MSTU operating and maintenance assessments.
Page 2887 of 7162
6. |IIRIGATION SYSTEM ANO MISCELLANEOUS IMPROVEMENTS.
A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located
on the Parcel, if any, including, but not limited to, irrigation lines, sprinkler valves, electrical wiring, etc.
("Systems"), prior to the commencement of construction, without any further notification from the County.
Seller assumes full responsibility for the relocation of all Systems and their performance on the remainder
prope(y after relocation. Seller holds the County harmless for any and all possible damage to the Systems
in the event Seller fails to relocate the Systems prior to the commencement of construction.
B. Retention of lmorovements. Seller acknowledges that the County has compensated Seller
for the value of all improvements and landscaping ('lmprovements") located within the Parcel, and yet the
County is willing to permit Seller to salvage said lmprovements provided same are removed from the Parcel
prior to the commencement of construction. lf Seller elects to retain any lmprovements located on the
Parcel, Seller is responsible for their removal prior to the @mmencement of construction, without any
further notification from the County. All lmprovements remaining on the Parcel at the time of
commencement of construction shall be deemed abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of title.
7. INSPECTIONS.
A. lnsoections.Followin g the date of the parties' execution of this Agreement, the County shall
have the right, at its sole cost and expense, to conduct whatever anvestigations and inspections of the
Parcel that it deems appropriate, including, withoul limitation, a title examination, property survey, appraisal,
environmental assessments, engineering studies, soil borings, determination of compliance of the Parcel
with applicable laws, and the like. Seller shall provide the County with reasonable access to the Parcel to
conduct on-site inspections. The County shall promptly repair any damage to the Parcel caused by such
on-site anspections.
Countv'sRi o ht to Terminate Notwithstanding anything in this Agreement to the conkary, the
County's obligations under this Agreement to purchase the Parcel are contingent upon the County's
satisfaction with the Parcel, including, without limatation, as revealed by the County's investigations and
inspections as set forth herein. lf, prior to the Closing, the County identifies any objectionable matters and
determines that such objections cannot be resolved to the County's satisfaction through reasonable
diligence, within a reasonable period of time, and at a reasonable cost, all as determined by the County in
its sole discretion, the County shall have the right to terminate this Agreement by written notice to Seller,
whereupon neither party shall thereafter have any rights or obligations under this Agreement. The County
may, but shall not be required to, provide Seller with an opportunity to rectify such objections.
8. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller makes the following
representations and warranties on the date of Sellefs execution of this Agreement, and shall be deemed
to have repeated same at Closing:
(a) Seller is the sole owner of fee simple title to the Property and has full right, power, and
authority to own and operate the Property, to execute this Agreement, and to fulfill Selleis
obligations under this Agreement and the Closing Documents.
(b) No tenant or other party has any right or option to acquire the Parcel or to occupy the Parcel,
or, if applicable, Seller shall disclose same to the County in the applicable Closing
Documents.
(c) Seller's title to the Property is free and clear of all mortgages and other liens and
encumbrances, except as may be disclosed in the title commitment, title report, or attorney
title opinion obtained or to be obtained prior to the Closing.
(d) Between the date of Sellefs execution of this Agreement and the Closing, Seller shall not do
anything to encumber the title to the Property, or convey the Parcel to a third party, or grant
to any third party any rights of any kind with respect to the Parcel, or do anything to change
.,
B
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Page 2888 of 7162
or permit to be changed the physical condition of the Parcel, without an each instance
obtaining the County's prior written consent, which may be granted or withheld in the
County's sole discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, or
other contracts affecting the Parcel shall remain in effect following the Closing.
(D There are no governmental proceedings or investigations ofany kind, formal or informal, civil
or criminal, pending or threatened, that may affect the Property or adversely affect Seller's
ability to perform Seller's obligations under this Agreement.
(S) The Property is in compliance with all federal, stiate and local laws, including, without
limitation, environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or
hazardous substances have been used, generated, stored, treated, or removed from the
Property, nor is there any lawsuit, proceeding, or investigation regarding same; the Property
has never been used as a landfill, and there are no underground storage tanks on the
Property; there has been no spill, contamination, orviolation of environmental laws pertaining
to any contiguous property; and Seller has not received notice and otherwise has no
knowledge of any existing or threatened environmental lien against the Property.
(h) None ofthe improvements located on the Parcel, if any, encroach upon adioining properties,
and no improvements located on adjoining properties encroach upon the Parcel.
9.EFAULT REMEDIE lf either party fails to perform any of its obligations under this
Agreement and fails to cure such failure within 15 days after receiving written notice thereof from the non-
defaulting party, the non-defaulting party shall have the right to terminate this Agreement by giving written
notice of termination to the defaulting party; without limitation of any other rights and remedies available to
the non-defaulting party at law or in equity, including, without limitation, the right to seek specific
performance, and to recover damages, including attomey fees and court costs, in connection with such
defaultt all rights and remedies being cumulative.
10 . INDEMNIFICATION:WAIVER OF CLAIMS Seller shall indemnify, defend, and hold the
County harmless from and against all claims and actions asserted against the County, and all damages,
losses, liability, penalties, flnes, costs and expenses, including, without limitation, attorney fees and court
costs, suffered or incurred by the County, arising from (i) Selleis representations and warranties in this
Agreement or in any of the Closing Documents if untruei or (ii) Selleis failure to perform any of Seller's
obligations under this Agreement, irrespective of whether the County delivers a written notice of default to
Seller; or (iii) injuries, accidents or other incidents occurring on the Property prior to Closing.
11. NOTICES. All notices given by either party to the other under this Agreement shall be in
writing and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified
mail, to the parties at their respective addresses set forth in the introductory paragraph of this Agreement,
or such other address as may be specified by either party from time to time by written notice to the other
party. Notices shall be deemed given on the date of receipt if personally delivered, or delivered by courier,
or 3 days after mailing.
12. GENERAL PROVISIONS.
A. Successors and Assions. This Agreement shall inure to the benefit of and be binding upon
the parties and their respective heirs, executors, personal representatives, successors and permitted
assigns.
B. Assiqnment. The parties shall not assign any rights or obligations under this Agreement to
a third party without the prior wriften consent of the other party.
C. Entire Aqreement. This Agreement constitutes the entire agreement of the parties as
pertains to the subject matter hereol and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
4 o
Yo
Page 2889 of 7162
D. Amendments All amendments to this Agreement must be in writing and signed by both
parties
E. Time Periods. lf any deadline or expiration of any time period provided for hereunder falls
on a Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following
business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be,
performed prior to the Closing, including, without limitation, Seller's representations, warranties, indemnity
obligations, shall survive the Closing.
G. Severability. lf a ny provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific
provision of this Agreement unless such waiver is in writing- Any such written waiver shall be applicable
only to the specific instance to which it relates and shall not be construed as a continuing waiver as to future
instances or as a waiver of any other provision.
l. Governino Law: Venue. This Agreement shall be governed and construed in accordance
with the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in
the courts in Collier County, Florida, and the parties hereby agree to said venue.
lN WTNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below, effective as of the date this Agreement is executed by the County.
Date 2024
Date
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
Deputy Clerk
Approved as to form and legality:
DEREK D. PERRY, ESQ.
Assistant County Attorney
SELLER
KARL J.
COUNry
BOARD OF COUNry CONIMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, Chairperson
By
.)
C
rLrL,t
20-
By:
Page 2890 of 7162
EXHIBIT "A"
FEEl
Lot 22: Beginning at the Southwest Corner of Section 20, Township 51 South, Range
27 East, Cottier Counry Ftorida, go South 89o27'40" East 637.99 feet to point, then
North 0o12'20" East 1650.00 feet to Point of Beginning: thence North 89o27'40" West
636.24 feet to a point; Thence North 0"1 6'00" East 330.00 feet to point; thence South
89o27' 40" East 635.89 feet to point; thence South 0'12'20" West 330.00 feet to Point
of Beginning.
al
Page 2891 of 7162
PROJECT: 60246-Lake Park Flow Way
PARCEL: '101FEE2
FOLIO: 00767920009
PURCHASE AND SALE AGREEMENT
(partial fee simple)
- THIS PURCHASE AND SALE AGREEMENT (''Agreement'') is entered into this Z I day of
Avlus*,2024,byandbetweenKARLJ.TOOLEY,asirigleperson,whosemailingaddressisTS0'1sth
ST NW Naples, FL 34120-1914 ("Sellef'), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite 800, Naples,
FL 34112 (the "County").
Recitals
A. Seller owns certain real property in Collier County, Florida, commonly known as 801 Auto
Ranch Road, Naples, FL 34114 (the "Property"); and
B. The County desires to purchase a portion of Seller's Property as described in Exhibit'A"
attached hereto (the "Parcel").
NOW THEREFORE, the parties agree as follows
1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County
hereby agrees to purchase the Parcel on the terms and conditions set forth in this Agreement.
2. COMPENSATION,
A. Amount. The compensation payable by the County for the Parcel shall be $290,000, subject
to prorations, apportionments, and distribulion of sales proceeds provided fior in this Agreement. No portion
of the compensation is attributable to personal property.
B. Full Comgensation. The payment of the net sales proceeds to Seller, payable by County
check at Closing (defined below), shall be (i) full compensation for the Parcel, including, without limitation,
all improvements located on the Parcel as of the date of this Agreement; and (ii) full and flnal settlement of
all other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of
the Parcel to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
A. Closinq Date. Seller's conveyance of the Parcel to the County (the "Closing") shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME
lS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation
Engineering Division,2885 Horseshoe Drive South, Naples, Florida 34104.
B No Adverse Cha qes: Risk of Loss The County's obligation to close shall be contingent
upon the County having determined that, between the date that the County completes its due diligence
investigations and inspections under this Agreement and the Closing, there shall have been no adverse
changes in the title, physical condition of the Parcel, or other matters previously approved by the County.
Between the date of the parties' execution of this Agreement and the Closing, risk of loss shall be borne by
Seller. lf the Parcel is damaged prior to Closing, excluding damage caused by the County, Seller shall
repair and restore the Parcel at Seller's expense.
C. Possession. Seller shall remove Seller's personal property, vacate, and surrender
possession of the Parcel to the County at Closing. Seller shall leave the Parcel free of all personal property
"po
3. CLOSING DATE: POSSESSION.
'I
Page 2892 of 7162
and debris and in substantially the same condition as exists on the date of Seller's execution of this
Agreement. The County shall have the right to inspect the Parcel prior to Closing.
4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is
possible, Seller shall (i) provide the County with a copy of Selleis property survey and title insurance policy
for the Property, if any, and (ii) deliver the follo\r,ing documents to the County, properly executed and in a
form approved by the Collier County Attorney's Office (the'Closing Documents"):
a
b
d
e
Warranty Deed;
Closing Statement;
Affidavit of Title;
Form W-9 (Request for Taxpayer ldentification Number and Certification);
Evidence of legal authority and capacity of the individuel executing this Agreement on behalf
of Seller to execute and deliver this Agreement and the Closing Documents;
A Satisfaction, Partial Release, or Termination ftom the holder of each mortgage or other lien
open of record encumbering the Parcel;
A Partial Release or Termination of any leases or rental agreements that encumber the
Parcel,
A Termination, Vacation or Subordination of any existing easement that encumbers the
Parcel, if required by the County; and
Such other documents as the County or title company deems necessary or appropriate to
clear title to the Property.
(f)
(s)
(h)
(i)
Following the Closing, Seller shall execute any and all additional documents as may be requested by the
County or title company to correct clerical errors, clear title, or otheMise carry out the intent of the parties.
5. CLOSING COSTSAND DEDUCTIONS.
A. Counw's Closino Costs. At Closi ng, the County shall pay (i) the recording fees to record the
conveyance instrument(s) and any curative instruments required to clear titlei and (ii) the cost of an owner's
policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay
reasonable costs incurred and/or processing fees required by mortgagees or other lien holders in
connection with the delivery of properly executed Satisfaction, Releases, or Terminations of any liens open
of record encumbering the Property. The County shall have sole discretion as to what constitutes
"reasonable costs and/or processing fees."
B. Seller's Closino Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes
required on the conveyance instrument(s) in accrrdance with Section 201 .01, Florida Statutes, unless the
Propeo is acquired under the threat of condemnation, in which case the conveyance is exempt from state
documentary stamp taxes; (ii) any apportionment and distribution ofthe full compensation amount provided
for in this Agreement that may be required by any mortgagee, lien holder, or other encumbrance holder as
payoff, paydown, or for the protection of its security interest, or as crnsideration due to any diminution in
the value of its property right; (iii) all taxes and assessments that are due and payable; and (iv) the full
amount of condominiun/homeowner association special assessments and governmentally imposed liens
or special assessments (other than CDD/MSTU assessments) which are a lien or a specaal assessment
that is certain as to the identity of the lienor or assessor, the property subject to the lien or special
assessment, and the amount of the lien or special assessment. lf the Property is located within a
Community Development District ("CDD") or Municipal Service or Benefit Taxing Unit ('MSTU"), the County
shall assume any outstanding capital balance on lhe Parcel.
C. Prorations. The following items shall be prorated as of the date of Closing, with the County
entitled to the date of Closing: (i) ad valorem taxes based upon the most current assessment available,
without discount, provided that if the current year's tax bill is not yet available, but a TRIM Notice has been
issued, the ad-valorem taxes shall be prorated based upon the amount set forth therein; (ii)
condominium/homeowner association assessments (other than those required to be paid in full under
subparagraph B of this paragraph), and (iii) CDD/MSTU operating and maintenance assessments.
2
cPage 2893 of 7162
6. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS.
B. Retention of lmDrovements.Seller acknowledges that the County has compensated Seller
for the value of all improvements and landscaping ('lmprovements") located within the Parcel, and yet the
County is willing to permit Seller to salvage said lmprovements provided same are removed ftom the Parcel
prior to the commencement of construction. lf Seller elects to retain any lmprovements located on the
Parcel, Seller is responsible for their removal prior to the commencement of construction, without any
further notification from the County. All lmprovements remaining on the Parcel at the time of
commencement of construction shall be deemed abandoned by Seller.
C. This section shall suNive Closing and is not deemed satisfied by conveyance of title.
7. INSPECTIONS.
A. lnsoections.Followin g the date of the parties' execution of this Agreement, the County shall
have the right, at its sole cost and expense, to conduct whatever investigations and inspections of the
Parcel that it deems appropriate, including, without limitation, a title examination, property survey, appraisal,
environmental assessments, engineering studies, soil borings, determination of compliance of the Parcel
with applicable laws, and the like. Seller shall provide the County with reasonable access to the Parcel to
conduct on-site inspections. The County shall promptly repair any damage to the Parcel caused by such
on-site inspections.
B Countv's R o ht to Terminate Notwithstanding anything in this Agreement to the contrary, the
County's obligations under this Agreement to purchase the Parcel are contingent upon the County's
satisfaction with the Parcel, including, without limitation, as revealed by the County's investigations and
inspections as set forth herein. lf, prior to the Closing, the County identifies any objectionable matters and
determines that such objections cannot be resolved to the County's satisfaction through reasonable
diligence, within a reasonable period of time, and at a reasonable cost, all as determined by the County in
its sole discretion, the County shall have the right to terminate this Agreement by written notice to Seller,
whereupon neither party shall thereafter have any rights or obligations underthis Agreement. The County
may, but shall not be required to, provide Seller with an opportunity to rectify such objections.
8. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller makes the following
representations and warranties on the date of Seller's execution of this Agreement, and shall be deemed
to have repeated same at Closing:
(a) Seller is the sole owner of fee simple title to the Property and has full right, power, and
authority to own and operate the Property, to execute this Agreement, and to fulfill Seller's
obligations under this Agreement and the Closing Documents.
(b) No tenant or other party has any right or option to acquire the Parcel or to occupy the Parcel,
or, if applicable, Seller shall disclose same to the County in the applicable Closing
Documents.
(c) Selleis title to the Property is free and clear of all mortgages and other liens and
encumbrances, except as may be disclosed in the title commitment, title report, or attorney
title opinion obtained or to be obtained prior to the Closing.
(d) Between the date of Seller's execution of this Agreement and the Closing, Seller shall not do
anything to encumber the title to the Property, or convey the Parcel to a third party, or grant
to any third party any rights of any kind with respect to the Parcel, or do anything to change
?
.t
A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located
on the Parcei, if any, including, but not limited to, irrigation lines, sprinkler valves, electrical wiring, etc.
("Systems"), prior to the commencement of construction, without any further notification from the County.
Seller assumes full responsibility for the relocation of all Systems and their performance on the remainder
property after relocation. Seller holds the County harmless for any and all possible damage to the Systems
in the event Seller fails to relocate the Systems prior to the commencement of construction.
Page 2894 of 7162
or permit to be changed the physical condition of the Parcel, without in each instance
obtaining the County's prior written consent, which may be granted or withheld in the
County's sole discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, or
other contracts affecting the Parcel shall remain in effect following the Closing.
(0 There are no governmental proceedings or investigations ofany kind, formal or informal, civil
or criminal, pending or threatened, that may affect the Property or adversely affect Seller's
ability to perform Sellefs obligations under this Agreement.
(g) The Property is in compliance with all federal, state and local laws, including, without
limitation, environmental lawsi no unsafe levels of radon, mold, lead, or other pollutants or
hazardous substances have been used, generated, stored, treated, or removed from the
Property, nor is there any lawsuit, proceeding, or investigation regarding same; the Property
has never been used as a landfill, and there are no underground storage tanks on the
Property; there has been no spill, contamination, or violation of envrronmental laws pertaining
to any contiguous property; and Seller has not received notice and otheMise has no
knowledge of any existing or threatened environmental lien against the Property.
(h) None ofthe improvements located on the Parcel, lf any, encroach upon adjoining properties,
and no improvements located on adjoaning properties encroach upon the Parcel.
9. DEFAULT: REMEDIES. lf either party fails to perform any of its obligations under this
Agreement and fails to cure such failure within 15 days after receiving written notice thereof from the non-
defaulting party, the non-defaulting party shall have the right to terminate this Agreement by giving written
notice of termination to the defaulting party; without limitation of any other rights and remedies available to
the non-defaulting party at law or in equity, including, without limitation, the right to seek specific
performance, and to recover damages, ancluding attomey fees and court costs, in connection with such
defaulti all rights and remedies being cumulative.
10 . IN DE MN IFICATION:WAIVER OF CLAIMS Seller shall indemnify, defend, and hold the
County harmless from and against all claims and actions asserted against the County, and all damages,
{osses, liability, penalties, fines, costs and expenses, including, without limitation, attorney fees and court
costs, suffered or incurred by the County, arising from (i) Seller's representations and warranties in this
Agreement or in any of the Closing Documents if untrue; or (ii) Selleds failure to perform any of Sellels
obligations under this Agreement, irrespective of whether the County delivers a written notice of default to
Seller; or (iii) injuries, accidents or other incidents occurring on the Property prior to Closing.
11. NOTICES. All notices given by either party to the other under this Agreement shall be in
writing and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified
mail, to the parties at their respective addresses set forth in the introductory paragraph of this Agreement,
or such other address as may be specified by either party from time to time by written notice to the other
party. Notices shall be deemed given on the date of receipt if personally delivered, or delivered by courier,
or 3 days after mailing.
,12. GENERAL PROVISIONS.
A. Successors and Assiqns. This Agreement shall inure to the benefit of and be binding upon
the parties and their respective heirs, executors, personal representatives, successors and permitted
assigns.
B. Assionment. The parties shall not assign any rights or obljgations under this Agreement to
a third party without the prior written consent of the other party.
C. Entire Aoreement. This Agreement constitutes the entire agreement of the parties as
pertains to the subiect matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
4
o^{"
Page 2895 of 7162
D. Amendments. All amendments to this Agreement must be in writing and signed by both
E. Time Periods. lf any deadline or expiration of any time period provided for hereunder falls
on a Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following
business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be,
performed prior to the Closing, ancluding, without limitation, Seller's represenlations, warranties, indemnity
obligations. shall survive the Closing.
G. Severabilitv. lf any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific
provision of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable
only to the specific instance to which it relates and shall not be construed as a continuing waiver as to future
instances or as a waiver of any other provision.
lN WTNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below, effective as of the date this Agreement is executed by the County.
Date
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
Deputy Clerk
SELLER
KARL J. TOO
COUNry
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By
CHRIS HALL, Chairperson
!2 20?4
By
o.{
l. Governino Law. Venue. This Agreement shall be governed and construed in accordance
with the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in
the courts in Collier County, Florida, and the parties hereby agree to said venue.
parties.
Date:
20_
Approved as to form and legality'#,+
AssrstantcountyAttomey
\j-
Page 2896 of 7162
EXHIBIT "A"
FEE2
Lot 23: Beginning at the Southwest corner of Section 20, Township 51 South, Range
27 East, Cottier County, Ftorida, go South 89"27'40" East 637.99 feet to point; thence
North 0"12'20"' East 1980.00 feetto Point of Beginnlng; thence North 89'27'40"'West
635.89 feet to point; thence North 0o 16'00" East 330.00 feet to poinu thence South
89"27'40" East 635.54 feet to point; thence South 0o12'20" West 330.00 feet to Point
of Beginning.
OV,
Page 2897 of 7162