Agenda 11/10/2025 Item #11C (Purchase of four properties on Bay Street in the amount of $1,500,000 from Hamilton Harbor, LLC)11/10/2025
Item # 11.C
ID# 2025-4467
Executive Summary
Recommendation to authorize the purchase of four properties on Bay Street in the amount of $1,500,000 from Hamilton
Harbor, LLC, and the award of Community Development Block Grant funds to the Bayshore Gateway Triangle
Community Redevelopment Area.
OBJECTIVE: To authorize the sale / purchase agreement of three vacant lots and a fourth with improvements on Bay
Street from Hamilton Harbor LLC in the amount of $1,500,000 utilizing a combination of Community Development
Block Grant funds and Strategic Land Acquisition funds (3001).
CONSIDERATIONS: The Board previously directed staff to pursue strategic land acquisitions on Bay St. and Danford
St. to expand boat launch parking; improve Bayview Park; and, to address concerns of residents on Danford Street.
Priority was given to two developers who own eight (8) parcels in total and are in the permitting process. The concept of
the acquisitions is to make the developers "whole" while achieving the County's strategic goals. Staff solicited two
appraisals for each property. This agreement is to purchase four parcels on Bay Street. Two properties have site
addresses (1769 and 1861 Bay Street) and two do not. Three are vacant and one is improved. Through negotiations,
staff recommends purchasing the parcels at 9% above the appraised value. The average of the appraisals reflects the
change in market conditions over the past three years from when the developers purchased the property. This developer
additionally invested in permitting and in some cases adding fill onto one of the parcels to begin construction of a house.
The additional 9% above the appraisals contemplates their investments. Further, it should be noted that while the
recommended purchase is above the appraised value, it is in line with the Property Appraiser's taxable values. A table
below is provided for clarity.
Lot # Appraisal 1 Appraisal 2 Average Property Appraiser
Assessed Value
Sale Price
200005 $ 245,000 $ 258,000 $ 251,500 $ 276,000
600006 $ 245,000 $ 258,000 $ 251,500 $ 276,000
200004 $ 245,000 $ 258,000 $ 251,500 $ 276,000
600003 $ 630,000 $ 612,000 $ 621,000 $ 678,851
$1,375,500 $1,506,851 $1,500,000
Since the acquisition is above appraised value, approval will require a super majority vote of the Board of County
Commissioners.
This project will provide additional regional park infrastructure as well as address community issues on Danford Street.
FISCAL IMPACT: Funds were previously approved for this acquisition in the amount of $1,257,075.85 from the
Housing and Urban Development(HUD) Community Development Block Grant (CDGB). Additional CDBG grant
funds have been subsequently identified to match the appraised value plus closing costs of $1,388,500. The remaining
funds are available from the County-Wide Capital Fund (3001), Strategic Land Acquisitions Project (50294). There is a
risk to the County that H.U.D. could challenge using grant funds for any purchase over appraised value, even though the
grant is only funding to appraised value. There is typically a process for seeking clarity, but H.U.D. is not accessible due
to the government shutdown. Should the CDBG challenge the acquisition, the County would utilize Fund 3001 for the
entire purchase or revenues from park impact fees.
GROWTH MANAGEMENT IMPACT: This project will address future requirements for boat launch parking as part
of the Regional Parks A.U.I.R.
Page 1904 of 6525
11/10/2025
Item # 11.C
ID# 2025-4467
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Normally, we would run this by
HUD. Since we cannot do so at this time, and since there are CRA funds available as a back-stop if needed, the item is
approved as to form and legality and requires majority vote for approval. I am advised that Staff will run this by HUD
when they reopen for business. — JAK
RECOMMENDATION(S): Recommendation to authorize the purchase of four properties on Bay Street in the amount
of $1,500,000 from Hamilton Harbor, LLC and the award of Community Development Block Grant funds to the
Bayshore Gateway Triangle Community Redevelopment Area.
PREPARED BY: John Dunnuck, Executive Director - Facilities & Community Redevelopment Area
ATTACHMENTS:
1. CRA Purchase Agreement
2. Addendum to Agreement for Sale and Purchase
3. Bayshore CRA Acquisition CDBG award letter KS
4. Hamilton Harbor LLC Map
5. -- Rev Deed Hamilton Harbor LLC # 61381200005
6. Folio # 61380960003
7. Folio # 61381120004 is Lot 45
8. Folio # 61381160006 is Lot 46
9. Hamilton Harbor's Detail by Entity Name SunBiz
Page 1905 of 6525
Bayvrew Paft - Bay Street Acqu sittons
1861 Bay Street - Folio:61381120004
1769 Bay Streel - Folio 61380960003
Folio i61381200005
Folio:61381160006
AGREEI\iIENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Hamilton Harbor, LLC, a
Florida Limited Liability Company, whose address is 1195 Whiteheart Court, Marco
lsland, FL 34145 (hereinafter referred to as "Seller"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, acting in its capacity as the COLLTER
COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA), whose address is 3335
TamiamiTrail E, Suite 102, 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.
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 (910.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 ln consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One
Million, Five Hundred Thousand Dollars and 00/100 dollars ($1,500,000.00),
(U.S. Currency) payable at time of closing.
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", oR "CLoS|NG") of
the transactron shall be held on or before forty-five (45) 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
Page 1 of 14
WHEREAS, Purchaser is desirous of purchasing the Property, sub.lect to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
III, CLOSING
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CRA Oivision 06/05/2025
Page 1906 of 6525
Bayview Park - Bay Sireet Acqursitions
1861 Bay Street - Folio : 61381120004
1769 Bay Street - Folio r61380960003
Folio : 6'1381 200005
Folio:61381160006
of the insuring title company or by mail. The procedure to be followed by the
parties in connection with the Closing shall be as follows:
3.01 1 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed and
acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions, or conditions of record.
3.01 12 Combined Purchaser-Seller closing statement.
3.0113 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as required by
Section 1445 ol the lnternal Revenue Code and as required by the title
insurance undeMriter to insure the "gap" and issue the policy contemplated
by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer ldentification and Certification"
as required by the lnternal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be
delivered to the Seller the following:
3.0122 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.
@
CRA Oivrsron 06/05/2025 Page 2 ol 14
3.0121 A negotiable instrument (County Warrant) in an amount equal to the
Purchase Price. No funds shall be disbursed to Seller until the Trtle
Company verifies that the state of the title to the Property has not changed
adversely since the date of the last endorsement to the commitment,
referenced in Section 4.011 thereto, and the Title Company is irrevocably
committed to pay the Purchase Price to Seller and to issue the Owner's title
policy to Purchaser in accordance wlth the commitment immediately after the
recording of the deed.
Page 1907 of 6525
Eayview Park - Bay Street Acquisitions
1861 Bay Streei - Folio i 61381120004
1759 Bay Street - Folio : 61380960003
Folio 6138'1200005
Folio . 61381160006
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 Wananty Deed, in accordance with Chapter 201 .01 ,
Florida Statutes, closing fee for title services, 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.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. lf Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall request as
evidence of title an ALTA Commitment for an Owner's Title lnsurance Policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have ten (10) 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 wajve the applicable contingencies or to terminate this
Ag reement.
4.012 lf Purchaser shall fail to advise the Seller in writing of any such
oblections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's obiection to
title, Seller shall have fifteen (15) 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
CRA D vtsron 06/05/2025 Page 3 of 14
IV. REQUIREMENTS AND CONDITIONS
@Page 1908 of 6525
providing written notice to Seller within seven (7) days after expiration of said
fifteen (15) day period, may accept title as it then is, waiving any objection; or
Purchaser may terminate the Agreement. A failure by Purchaser to give such
written notice of termination within the time period provided herein shall be
deemed an election by Purchaser to accept the exceptions to title as shown in
the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within ten (10) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. lf the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within thirty (30) days of
receipt of said written notice from Purchaser. Purchaser shall have forty-five
(45) 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
thirty (30) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said thirty (30) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or projection,
or lack of legal access, or Purchaser may terminate the Agreement. A failure
by Purchaser to give such written notice of termination within the time period
provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
5.01 Purchaser shall have thirty (30) 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.
.@
CRA Divisron 06/05/2025 Page 4 ol 14
Bayv ew Park - Bay Slreet Acquisitions
1861 Bay Street - Folio : 6138i120004
1769 Bay Skeet - Folio r 61380960003
Folro:61381200005
Folio : 61391160006
V. INSPECTION PERIOD
Page 1909 of 6525
Bayview Park - Bay Slreet Acquisilions
1861 8ay Slreet " Folio : 61381'l20004
1769 Bay Street - Folio : 61 380960003
Folio :61381200005
Folio 6138'1150006
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5,02 lf Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
lnspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller
rn writing of its specific objections as provided herein within the lnspection Period,it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. ln
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
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.
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
Page 5 of 14
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI- INSPECTION
VII. POSSESSION
IX. TERMINATION AND REMEDIES
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CRA D v sion 06/05/2025
Page 1910 of 6525
Bayview Pa - Bay Streel Acquisitions
1861 Bay Skeet - Folio : 61381 120004
1769 Bay Skeet - Folio i 61380960003
Follo: 61381200005
Folio 6138'1160006
a contract vendee, including the right to seek specific performance of this
Ag reement.
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 P URCHASER'S REPRESENTATIO NS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following
10.01 1 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.
1 0.012 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,
CRA Divisron 06/05/2025 Page 6 of 14
@Page 1911 of 6525
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 toxrc
results, and no such hazardous or toxic substances are currently used in
connectjon 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 installatron on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied. Seller represents that it has no knowledge of consent
orders, notices of violation, correspondence and any other documents issued
by or submitted to any governmental agency or regulatory authority relating to
the environmental condition of the property.
10.019 Seller has no knowledge of unrecorded leases, Iicenses 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
Pege 7 ol14
Bayvrew Park - Bay Street Acquisilions
1861 Bay Street - Folro 61381120004
1769 Bay Street - Folio . 61380960003
Folro : 61381 200005
Folio : 61381 160006
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
@
CRA Division 06/05/2025
Page 1912 of 6525
Bayview Park - Bay Street Acquisitions
1861 Bay Streel - Folio : 6138'1120004
1769 Bay Street - Folio : 6'1380960003
Folio r 6138'1200005
Folio:51381160006
there are no maintenance, construction, advertising, management, leasing,
employment, service, or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property,
'10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted agarnst, 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 relatrng 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 C'SARA ), including
any amendments or successor in function to these acts. This provision and
Page 8 of 14
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.
@
CRA Division 06/05/2025
Page 1913 of 6525
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10,024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense
XI. NOTICES
lf to Purchaser:Attn: Shirley Garcia, Program Manager
Bayshore Gateway Triangle CRA
3335 Tamiami Trail East, Unit 102
Naples, Florida 34112
Email: Shirley.Garcia@Collier.gov
With a copy to Attn: Grant Cox
Collier County Real Property Management
2685 Horseshoe Drive South, Suite 103
Naples, Florida 34104
Telephone number: 239-252-537 3
Fax number: 239-252-8876
Email: Grant.Cox@Collier. gov
lf to Seller Name: Hamilton Harbor, LLC,
a Florida Limited Liability Company
Address: 1195 Whiteheart Court
City: Marco lsland State: FL Zip:34145
Telephone number: (978) 423-1621
Fax number: _N/A_
Email: mc@rexfl.com
1'1 .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.
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CRA Divrsron 06/05/2025 Page 9 of 14
Bayview Park - Bay Street Acquisitions
1861 Bay Street - Folio : 61381120004
1769 Bay Street - Fotio : 61380960003
Folio : 61381200005
Folio : 61381160006
11.01 Any notice, request, demand, instruction, or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, and with notification to the other Party sent via email
containing the tracking number and/or fax number (if applicable) of such notice
addressed as follows:
Page 1914 of 6525
Bayview Park - Bay Street Acquisitlons
1861 Bay Skeet - Folio : 61381120004
1769 Bay Skeet - Folio 61380960003
Folio 61381200005
Folo 61381160006
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
'13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
'13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13,04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend, or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be efiective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of thrs 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.
CRA 0tvis on 06/05/2025 Page 10 of 14
XII, REAL ESTATE BROKERS
XIII, MISCELLANEOUS
@Page 1915 of 6525
Bayv ew Paft - Bay Street Acquisitions
1851 Bay Street - Folio : 61381120004
1769 Bay Street - Folo : 61380960003
Folio i61381200005
Folio:51381150006
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
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 5'17, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty, or
covenant not included in this Agreement, or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement.
15.01 Any development rights or credits available on the Property are relinquished
by the Seller and conveyed to the Purchaser at closing as part of the sale of the
Property.
15.02 Seller and Purchaser acknowledge and agree that any portion of the
Property may be used for public road right of way and roadway related
improvements, including, but not limited to, stormwater and utility improvements,
at the sole discretion of Purchaser.
CRA Orvrsron 06/05/2025
S/GNATURES APPEAR ON THE FOLLOWING PAGES
Page 11 of 14
XV. ACKNOWLEDGMENT OF POTENTIAL FUTURE USE
@Page 1916 of 6525
BaWiew Park - Bay Street Acquisitrons
1851 Bay Street - Fo[o : 61381120004
1769 Bay Skeet - Folo 61380960003
Follo 61381200005
Folo 61381160006
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 COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk Burt L. Saunders, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
CRA Orvrsron 06/05/2025 Page 12 of 14
@Page 1917 of 6525
By
Bayview Park - Bay Street Acquisitions
1861 Bay Street - Folio 61381120004
1769 Bay Street - Folio : 61380960003
Fo|o 61381200005
Folro 6'1381150006
AS TO SELLER:
Hamilton Harbor, LLC
a Florida Limited Liability Company
DATED:
Print Name: Michael Castellano ll
Jeffrey
CRA Divis
, County Attorney
Page '13 of 14
and legality:
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Bayview PaIk - Bay Streei Acquisitions
1861 Bay Skeet - Folio 61381120004
1769 Bay Street - Folio 61380960003
Fo io 61381200005
Folio:61381160006
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 61380960003
Lots 38 and 39, Naples Bayview Addition No. 1, a subdivision according to the plat
thereof recorded in Plat Book 4, Page 20, in the Public Records of Collier County,
Florida.
0.32 ACRES
PROPERTY IDENTIFICATION NUMBER: 61 381 1 20004
Lot 45, Naples Bayview Addition No. 1, according to plat recorded in Plat Book 4, Page
20, of the Public Records of Collier County, Florida.
0.16 ACRES
PROPERTY IDENTIFICATION NUMBER: 61381200005
Lot 47, NAPLES BAYVIEW ADDITION NO, 1, according to the Plat thereof recorded in
the Plat Book 4, Page 20, of the Public Records of Collier County, Florida.
0.16 ACRES
PROPERTY IDENTIFICATION NUMBER: 6138'1 160006
Lot 46, Naples Bayview Addition No. 1, according to plat recorded in Plat Book 4, Page
20, of the Public Records of Collier County, Florida.
CRA Divisron 06/05/2025 Page 14 of 14
0,16 ACRES
@Page 1919 of 6525
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Community & Human Services Division • 3339 Tamiami Trail East, Suite 213 • Naples, FL 34112-5361 • 239-252-CARE (2273) 239-252-CAFÉ (2233) •
239-252-5713 (RSVP) • www.colliercountyfl.gov
November 3, 2025
John Dunnuck, Executive Director
Collier County Facilities and Redevelopment
Collier County Community Redevelopment Agency – Bayshore Gateway Triangle
3335 Tamiami Trail East, Unit 102
Naples, FL 34112
Dear Mr. Dunnuck,
Thank you for applying to our office, seeking funds from the U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Emergency Solutions
Grant (ESG) and State Housing Initiative Partnership (SHIP) programs.
CONGRATULATIONS! Your application has been recommended for funding. Your request will be recommended to
the Collier County Board of Commissioners for funding in the amount of $1,388,500.00 in CDBG Public Facilities
funds for acquisition of real property. This recommendation is PENDING State and Federal final appropriations, further
project development including scope of services, a satisfactory Pre-award Risk Assessment, review of compliance elements
including environmental clearance, required match contribution, other administrative steps, and B oard approval of the
Annual Action Plan and necessary substantial amendments.
If your agency is recommended to receive federal CDBG, HOME, ESG or SHIP funding, it will be included in the applicable
HUD Annual Action Plan. Your subrecipient agreement is scheduled for the December 9, 2025 Board of County
Commissioners meeting.
Community and Human Services staff will contact you soon to begin your Pre-award Risk Assessment, scope of services,
contract agreement development, environmental clearance, or other requirements specific to your identified funding source.
If your grant application identifies other funding sources needed for the completion of the activity, this award will be subject
to closing on other funding sources, if there are any remaining questions from the application process they will be addressed
during this time. Please note the PY2025 CDBG, HOME, and ESG funds will NOT be available until awarded by HUD
which is currently To Be Determined.
In addition,
PLEASE REMEMBER NO WORK CAN BEGIN THAT WILL BE REIMBURSED BY THE GRANT UNTIL
AFTER THE NOTICE TO PROCEED IS ISSUED.
Page 1922 of 6525
Pre-award Risk Assessment
Prior to moving forward with grant funding award recommendations, Collier County Community and Human Services
(CHS) staff will evaluate the risks to grant programs proposed by each applicant, including conducting due diligence to
ensure an applicant’s ability to manage federal, state or local funds.
In accordance with 2 CFR Part 200 Uniform Guidance, CHS must evaluate each subrecipient’s risk of noncompliance with
federal statutes, regulations, and the terms and conditions of the subaward to determine whether to make a funding award
and the appropriate level of monitoring required.
Results from this risk assessment will inform funding recommendations to the Board of County Commissioners. If CHS
determines that an award will be made to an applicant with identified risks, special conditions that correspond to the degree
of risk may be applied to the grant award agreement.
Additionally, at the sole discretion of CHS, if CHS concludes that the reason(s) for the applicant having an unsatisfactory
risk assessment is not likely to be mitigated, the application may not be recommended for funding.
Match Requirements for HOME and ESG-Funded Activities
If Collier County is recommending your proposed activity for HOME or ESG funding, your organization will be required
to provide a match in accordance with federal program requirements.
HOME-funded activities must provide a 25% match of the HOME funds awarded.
Emergency Solutions Grant (ESG) requires a dollar-for-dollar match of your ESG award.
Match is a permanent, non-federal contribution to the HOME or ESG-funded activity. Your Grant Coordinator and
Accountant will provide you with additional information on eligible sources of match and you will be required to complete
and certify a Match Obligation form outlining sources of match prior to the kick-off of your project.
PLEASE SIGN BELOW AND RETURN TO CHS NO LATER THAN November 10, 2025.
Acknowledgement:
I, ___________________________________________________ (print name) authorized representative of
______________________________________________ (print name of organization) do acknowledge receipt and review
of this conditional award letter and grant requirements outlined above and in the grant application. Additional information
will be provided to my organization by CHS staff in order to proceed.
_________________________________________ _____________________________
Signature Date
Should you have any questions or need more information, please feel free to call me at (239) 252-2486 or email at
Kristi.Sonntag@colliercountyfl.gov .
Sincerely,
Kristi Sonntag, Director
Cc: Donald Luciano, CHS, Assistant Director
Lisa Weinmann, Grants Compliance Manager
Vanessa Collier, Manager - Grants
Tracey Smith, Grants Coordinator II
Page 1923 of 6525
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LEGEND
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1701 17691741 1783 1803 18311845 1861 61381160006 CC CC 19451959 CC CC CC CC CC CC
CC
CC CCCC
61381200005
Developer
Collier County
Hamilton Harbor LLC Acquisition
CC
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