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Agenda 04/22/2025 Item #16K 4 (Agreement for the purchase of right-of-way (Parcel 1274FEE) required for the Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $140,500)4/22/2025 Item # 16.K.4 ID# 2025-1319 Executive Summary Recommendation to approve an Agreement for the purchase of right-of-way (Parcel 1274FEE) required for the Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $140,500. OBJECTIVE: To acquire right of way needed for the Vanderbilt Beach Road Extension – Phase 2 Project 60249 (the “Project”). CONSIDERATIONS: The Project will extend Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard. Collier County is seeking to purchase a fee simple interest in a parcel of right of way, Parcel 1274FEE (the “Parcel”), required for construction of the Project. The improved parent tract is owned by Above Homes Corporation, a Florida Corporation, and is located on the north side of 10th Avenue NE. The Parcel consists of a strip taking along the rear, northerly boundary of the parent tract and is approximately 0.76 acre in extent. An aerial of the subject property is attached. An appraisal report summary prepared by RKL Appraisal and Consulting, PLC, dated June 7, 2024, estimated the full compensation amount for the Parcel to be $81,800. Subsequent to the date of the aforementioned appraisal and the mailing of an offer letter based on that appraisal, the Parcel was sold and divided into two separate lots. Lisa Barfield, Review Appraiser I, Right of Way Acquisition, has prepared the attached appraisal report dated April 2, 2025, which estimates the full compensation amount for the two separate lots to be $109,000 after adjustments for market conditions. The property owner’s initial demand was $172,000. The attached Agreement reflects a negotiated compensation amount of $140,000. If this Parcel is not acquired by negotiation, it will have to be condemned. Should condemnation become necessary, the County will be required to pay attorney and expert witness fees according to Sections 73.091 and 73.092, Florida Statutes, plus other expenses related to condemnation. The Transportation Management Services Department accordingly recommends approval of the Agreement since a better result is not anticipated if the Parcel is condemned. This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. FISCAL IMPACT: Funds of $140,500 are required, being the negotiated compensation amount of $140,000 and estimated closing and recording fees of $500. The primary funding source for the acquisition of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the Vanderbilt Beach Road from 16th to Everglades Project (60249). Should impact fees not be sufficient, the secondary funding source will be Road Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081). GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the Long-Range Transportation Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major roadway system at an acceptable Level of Service. 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 Agreement and authorize the Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel 1274FEE 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 Agreement to close the transaction; and 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 Agreement. Page 5753 of 6355 4/22/2025 Item # 16.K.4 ID# 2025-1319 PREPARED BY: Robin L. Goldsboro, Property Acquisition Specialist II, Right of Way Acquisition, Operations and Performance Management Division ATTACHMENTS: 1. Appraisal 1274FEE DOV 27Mar25 LLB 2. Aerial Exhibit 1274FEE 3. Purchase and Sale Agreement Owner Exec Page 5754 of 6355 SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION PROJECT NAME: Vanderbilt Beach Road Extension (#60168), Phase 2 CLIENT: Collier County ROW Acquisition, Transportation Engineering INTENDED USE OF THE APPRAISAL: The Vanderbilt Beach Road Extension, Phase 2, requires numerous rear yard, fee simple parcels on properties located along 10th Ave NE and 12th Ave NE. The project limits are from 16th St NE to Everglades Blvd. County ROW Acquisition will use this valuation to negotiate a proposed purchase price for this parcel. 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. The underlying land value will be determined from the market value of the parent tract land value. Compensation with be determined as the sum of any damages to the remainder parcel after the project completion and land taken. DESCRIPTION OF PARENT TRACT: The parent tract of the subject property consists of a 2 - 2.5-acre parcels, each 165 ft x 660 ft. The lot split of the two lots was approved on February 11, 2025. This property, located in the Golden Gate Estates area of greater Naples, is unimproved. Each of the 2 lots have 165 ft of frontage along 10th Ave NE and are located just off of 16th St NE There is an informal wetlands determination on the parent tract that estimated it to have 68% wetlands. There is also a recorded Florida DEP verification of an exemption to build a single-family residence in the uplands area dated March 15, 2024. PARENT TRACT IDENTIFICATION: Tax Folio 1 #: 37392080002 Legal Descriptions 1: GOLDEN GATE EST UNIT 16 W 1/2 OF TR 23 Tax Folio 2 #: 37392080109 Legal Description 2: GOLDEN GATE EST UNIT 16 E 1/2 OF TR 23 Address: 10th Ave NE; Naples, FL Last Property Transfers: 10/04/24 for $215,000 Owner: ABOVE HOMES CORPORATION Parent Tract Size: 5 acres PROPOSED PARCEL: Project Reference: Parcel 60249-1274FEE Property Rights Being Valued: Fee Simple Legal Descriptions: See Legal Sketch and Description for proposed parcel 1274FEE Parcel Size: 0.75758 acres 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. 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): The property was initially listed for $285,000 in August 2022. By December 2022, the price had been reduced twice, bringing it down to $259,000. In May 2023, it was relisted for $329,000. Over the following months, the price fluctuated between $278,500 and $335,000, with the final asking price set at $309,000 before the listing expired in May 2024. A property transfer took place on October 4, 2024, involving Richard Todrin, acting as the successor Trustee under the Annette G. Todrin Revocable Trust (established on June 15, 1989, in Massachusetts), as the grantor. The buyer, or grantee, was Above Homes Corporation, a Florida-based corporation. The property was sold for $215,000 through a warranty deed, Page 5755 of 6355 SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION Page 2 PRESENT ZONING: E-Estates FUTURE LAND USE: Estates-Residential 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 Estates-type single-family development. 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: Sales of easily developable single-family home sites (with minimal wetlands) in the Golden Gate Estates area are utilized to estimate the value of the underlying land value of the subject property through the Sales Comparison Approach. 1. 920 22ND AVE NE, Naples Sale Price: $210,000 Sale Date: 02/2025 2. 141 6TH ST NE, Naples Sale Price: $170,000 Sale Date: 01/2025 3. 16th Ave NE (South), Naples Sale Price: $110,000 Sale Date: 04/2024 DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Sale #1 is a 2.73-acre Estates zoned parcel located west of Wilson Blvd N and north of Golden Gate Blvd in the Golden Gate Estates area of greater Naples. It is an unimproved wooded site. Normal topographical conditions for the area. The sales price reflects an underlying land value of $76,900/acre. The site has similar frontage to the subject only on a rural road. The parcel has approximately 30% wetlands. Sale #2 is a 2.27-acre Estates zoned parcel located west of Wilson Blvd and north of Golden Gate Blvd 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 $74,900/acre. The site has similar frontage on a rural road. The parcel is estimated to be approximately 40% wetlands. Sale #3 is a 2.5-acre Estates zoned parcel located west of Wilson Blvd and north of Golden Gate Blvd in the Golden Gate Estates area of greater Naples. It is an unimproved wooded site. The property is on the south side of 16th Ave NE, folio #40521080006. Normal topographical conditions for the area. The sale price reflects an underlying land value of $44,000/acre. The site has similar frontage on a rural road. The lot has 40% wetlands towards the front of the lot and an ERP will be necessary prior to improving. This is considered inferior to the subject. The subject has more wetlands, but they are towards the rear of the property as evidenced by the DEP exemption of the parent tract. The sales cited show an underlying land value range of $44,000 to $76,900. An underlying land value of $60,000 per acre is supported with this market data. UNDERLYING LAND VALUE: $60,000/acre VALUATION OF THE PROPOSED PARCEL: The proposed fee simple parcel is rectangular-shaped, 330 ft x 100 ft. The parcel is on the northern side of the parent parcel. It has a land area of 0.75758 acres. At $60,000/acre the value of the land taken is valued as follows: 1274FEE Land Taken: 0.75758 acres x $60,000 = $45,455 Severance Damages: Properties along this project corridor are expected to have a 25% reduction in the land value due to a change of location from a rural road frontage to that of a double frontage. The damages will therefore be equal to 25% x $60,000/acre x resulting land acreage (5 acres less 0.76 acres, or 4.24). Severance damages are valued at $63,600 Page 5756 of 6355 SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION Page 3 Total Compensation is therefore: $63,600 plus $45,455 equal $109,055 or $109,000 (Rounded) DATE OF VALUE: 03/10/2025 REPORT DATE: 04/02/2025 MARKET VALUE ESTIMATE: $109,000 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 RZ 2862 Review Appraiser ROW Acquisition Transportation Engineering Division Collier County, Florida Page 5757 of 6355 AERIAL – PARCEL 1274FEE (Vanderbilt Beach Road Extension Phase 2 Project No. 60249) /  PARCEL 1274FEE Lot Split Line Page 5758 of 6355 PROJECT: 60249 - Vanderbilt Beach Road Extension - Phase 2 PARCEL: 1274FEE FOLIO: 37392080002&37392080109 PURCHASE AND SALE AGREEMENT (partialfee simPle) TH|S PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this - day of 2025, by and between ABOVE HOMES CORPORATION, a Florida for profit corporation, whose maifing address is 6436 lL Regalo Circle, Naples, Florida 34109 ("Seller"), and COLLIER COUNTY, a political subdiv-ision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite 800, Naples, FL34112 (the "County"). Recitals: A. Seller owns certain real property in Collier County, Florida, described as Tract 23, Golden Gate Estates, Unit No. 16, according to the Plat thereof recorded in the Plat Book 7, Page 3, Public Records of Collier County, Florida (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 Gounty for the Parcel shall be $140,000, subject to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. B. Full Compensation. The payment of the net sales proceeds to Seller, payable by County check at Closing (Oetirnl Oetow), snall be (i) iull compensation for the Parcel, including, without limitation, all improvemLnts 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 Selleis 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. pUBLtC DISCLOSURE. lf Seller holds title to the Propefi in the form of a partnership, limited partnership,@formofrepresentativecapacitywhatsoeverforothers,Sellershall,before ine tutt execution of this Agreemeni, make a written public disclosure, according to Section 286.23, Florida Statutes, under oath, subjelt to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before the Parcel is conveyed to the County. The foregoing notwii-hstanding, (i) if Seller is a corporation 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 exempt frjm tfre provisions of Section 286.23, Florida Statutes, and (ii) the names and addresses of persons or entities holding less than 5 percent of the beneficial interest in the disclosing entity are not required to be disclosed. 4. CLOSING DATE: POSSESSION. A. Closinq Date. Seller's conveyance of the Parcel to the County (the "Closing") shall occwlvllhi1 30 days ot tneEourn[t receipt of all properiy executed Closing Documents (defined below). TIME lS OF THE CAt 1 Page 5759 of 6355 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 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 Selle/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 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. 5. CLOSTNG DOCUMENTS. As soon after the parties' execution of this Agreement as is possible, Seller shall (i) provide the County with a copy of Seller's 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) Warranty Deed;(b) Closing Statement;(c) Affidavit of Title;(d) Form W-9 (Request for Taxpayer ldentification Number and Certification);(e) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of Seller to execute and deliver this Agreement and the Closing Documents;(f) A Satisfaction, Partial Release, or Termination from the holder of each mortgage or other lien open of record encumbering the Parcel;(g) A Partial Release or Termination of any leases or rental agreements that encumber the Parcel;(h) A Termination, Vacation or Subordination of any existing easement that encumbers the Parcel, if required by the County; and(i) Such other documents as the County or title company deems necessary or appropriate to clear title to the Property. 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 otherwise carry out the intent of the parties. 6. CLOSING COSTS AND DEDUCTIONS 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." 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 201.01, 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 diminution in the value of its property right; (iii) all taxes and assessments that are due and payable; and (iv) the full amount of condominium/homeowner association special assessments and governmentally imposed liens or special 2 Cao Page 5760 of 6355 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 specialassessment. lf the Property is located within a Community Development District (.CDD') or Municipal Service or Benefit Taxing Unit ("MSTU"), the County shallassume 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 of this paragraph), and (iii) CDD/MSTU operating and maintenance assessments. 7. IRRIGATION SYSTEM AND 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 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. B. Retention of lmprovements. 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 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. 8. This section shall survive Closing and is not deemed satisfied by conveyance of title INSPECTIONS A. lnspections. Following 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 Parcelto conduct on-site inspections. The County shall promptly repair any damage to the Parcel caused by such on-site inspections. B. County's Riqht 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 witn tne 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 under this Agreement. The County may, but shall not be required to, provide Seller with an opportunity to rectify such objections. 9.SELLER'S REPRESENTA NS AND WARRANTIES. SEIIET makes the following and shall be deemed torepresentations and warranties on the date of Seller's execution of this Agreement, have repeated same at Closing 3 CAo Page 5761 of 6355 (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) 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 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 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. (f) There are no governmental proceedings or investigations of any 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. (g) The Property is in compliance with all federal, state 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, or violation 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 of the improvements located on the Parcel, if any, encroach upon adjoining properties, and no improvements located on adjoining properties encroach upon the Parcel. f 0. 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 pafi; 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 attorney fees and court costs, in connection with such default; all rights and remedies being cumulative. 11. 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, 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) Seller's 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. 12. 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 4 c4r Page 5762 of 6355 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. 13. 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. Assiqnment. The parties shall not assign any rights or obligations under this Agreement to a third party without the prior written consent of the other party. C. Entire Aqreement. This Agreement constitutes the entire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. D. Amendments. All amendments to this Agreement must be in writing and signed by both parties E. Time Periods. lf a ny 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, Selle/s representations, 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. l. Governinq 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. ISTGNATURES ON FOLLOWTNG PAGEI 5 q () Page 5763 of 6355 lN WITNESS 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:.,2025 SELLER: ABOVE N, a Florida for proflt By RA RLAN, President Date:2025 COUNTY: COLLIER ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By Deputy Clerk BURT L. SAUNDERS, Chairperson Approved as to form and legality DEREK D. PERRY, ESQ. Assistant County Attorney qo RPORA Last Revised 3122123 6 Page 5764 of 6355 EXH!BIT A 1of1 7 sr& Et t+e6 TRACT 4FEMIDA Si, REH nO J .IArcE S. FEN'{AXDE 0n11{52/1D TMICI 3lfll ET t .Etit f, oR 1t!l,/ttt IRACT 3sctollT ,ri. Jo}tt r &IAF' fr21,1614 tnEo:raomc _1_grH_4VEN.uE_ N.L_ _ N SQ.FT. FEE ORKV SQUARE FEET PROPOSED FEE SIMPLE ACQUISMON OFRChL RECORDS (BOOK,/PAGE) PROPOSED FEE SIMPLE PARCEL w E S IE - ROW DArED/EilAIID 2 oa/ 01 /2021 TEGAL DESCRPI|ON FOR PARCEL 12ZIFE ^_P9ryD_N-OFTE4CT 23, GOLDEN G,\TE ESTATES UNIT 16, AS RECORDED tN pLAT BOOK 7, PAGE 3,OF THE PUELIC RECORDS OF COLUER COUNTY, FLORIDA, LYNG IN SECNON 38, TOWNSHIP 4E SOL,ITI, RANGE 27 EAST, COLUER COUNTY, FLORIDA, BEING MORE PAR-NCUURLY DESCRiBED AS FOLLOTYS: THE NORTH lOO FEET OF SAID TRACT 23. CONIAINING sJ,OOO SQUARE FEET, OR 0.76 ACRES, MORE OR LESS. Digitally signed by MichaelWard Date:2024.04.01 15:09:15 -04'00' SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCIIS: 1'-160' IrcluE_ a uiD. FffEssn{l urD srf,rEtoi F!oROA RE0BItUnOlt CEiTIHE ip. dtotSME ilIE Ilc IIEAL pPE flIO oit tlts tXtOrEl{I f,ASA,lltoi@ t Ircl{ELAfif,o. PLsFoR: CoIUER CoUNTY GOIERNMENT BoARD OF CoUNTy COMMTSSTONERS \SIA VAN TRACT 2J GOTI)EN GATE ESTATESuNtr 16 HTT E'Ol( 7 PTCE 3 TRACr 25 rcmD{ IB A!0{EITE OR 1w/2lt2 t I PNOFGD PARCE- 12a4fEE 15,0@ so. FL J- etHts!l> EII )ERBILT BEACH ROI c15+E VANDERBILT BEiICE ROTD EX1tsNSION/?EATIE II SXETCE & DESCRIPTION otr: pBOpOSm FEE SImLE ACQUISmON PARCEL I274FEE coIr.rnR TLORIDA +K 6610 Willow Park Ddva, Suil6 2m NaC€s, Flodda 341m Phone (239) s97{575 FAX (239) S7.678 LB No.:6952 JOB NUMEER 0601 1 9.08.00 REVtStON 0l SECNON 56 TOWNSHIP 48S MNGE 27E SO{LE l" = 150' DAIE 03/o1 /24 ORAWN BY EA RIT MITE SKI27+FEE SHEEI 1 0F1 o YQ Page 5765 of 6355