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Agenda 05/10/2016 Item #16E 65/10/2016 16.E.6. �1 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Agata Maggio, Saverio Maggio, Vito William Maggio, Frank Maggio, John Maggio, Robert Maggio, and Joann Maggio, at a cost not to exceed $336,170 to purchase property in Naples Park for demolition and the future relocation of wastewater Pump Station 101.07 as part of the Wastewater Basin Program, Project Number 70046, on behalf of the Public Utilities Department. OBJECTIVE: Purchase a suitable tract of land for the relocation of wastewater Pump Station 101.07 in Naples Park. The public purpose is to bring outdated and inadequate utility infrastructure into compliance with current County standards while meeting the demand for service, improving reliability, protecting public safety, and providing proactive environmental protection. CONSIDERATIONS: At its regular meeting on September 11, 2012, under Agenda Item 11E, the Board of County Commissioners (Board) approved Contract Number 11-5782 for designing wastewater infrastructure improvements for the Wastewater Basin Program. The proposed scope of work for Project 70046, Wastewater Pump Station Technical Support, is consistent with the Capital Improvement Program (CIP) contained in the 2014 Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water Master Plan/CIP Plan approved by the Board of County Commissioners (Board) on November 10, 2015, as Agenda Item 9C, as Appendix III of the 2015 AUIR/CIE. The renovation of Pump Station 101.07 is one of many projects being designed as part of the Wastewater Basin Program. Overall, the 101 Basin design is approximately 80 percent complete, with four sub- projects ready to construct. The wastewater infrastructure for the 101 Basin (Naples Park) was designed in 1972 and, over time, has deteriorated to the point where existing pump stations and their associated force mains need to be replaced. The purchase of this property will allow the decommissioning of the existing pump station and the construction of a replacement pump station with adequate capacity to serve this sub -basin. The existing site for Pump Station 101.07 is undersized and located next to a Vanderbilt Lagoon canal on one side, and a sidewalk on the other (Attachment 1— Existing Pump Station). The existing pump station is in a high vehicular traffic area which poses a safety hazard to pedestrians, cyclists and County work crews. The existing pump station will be eliminated and replaced by a new one constructed on the proposed subject property located one lot east of Vanderbilt Drive on 103`d Avenue North (Attachment 2 — Subject Property). This property currently has a 1,900 square foot house on it which will need to be demolished to accommodate the new pump station; however, the property is large enough to accommodate all utility requirements, a containment system, and a staging area for emergency pumps and generators. In addition, emergency pumping will be provided to the relocated pump station as a backup during periods of power failure. When purchased, staff will conduct neighborhood information meetings to coordinate plans with nearby residents. Upon pump station relocation, the existing Pump Station 101.07 site will be restored. The site will be designed so as not to generate offsite noise, odors, lights, or vibrations in a manner consistent with the operational experience of over 800 pump stations and Regional Plants in close proximity to homes and/or within neighborhoods. The intent is to construct a building and/or enclose the systems with a compatible final design including landscaping so as to not impact the health, safety, and welfare or property values of the adjacent residential homes. Packet Page -927- 5/10/2016 16.E.6. Other sites were evaluated for potential acquisition by easement or parcel purchase, with this option being the most cost-effective. The owner of the subject parcel agreed to sell the lot to the Collier County Water -Sewer District for $319,000, the value determined by Real Property Management's Real Estate Appraiser as fair market value. FISCAL IMPACT: Funding for Project 70046 is available in, and is consistent with, the FY16 Capital Budget approved by the Board on September 24, 2015. The source of funding is the Wastewater User Fee Fund (414). The total outlay should not exceed $336,170 ($319,000 for the purchase of the property, $15,000 for estimated demolition and debris removal, and $2,170 for the title commitment, title policy, recording fees and associated closing costs). LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. — JAB GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex -Officio the Governing Board of the Collier County Water -Sewer District, 1. Approve the attached Purchase and Sale Agreement; 2. Authorize the Chairman to execute the Purchase and Sale Agreement; 3. Authorize staff to prepare related vouchers and warrants for payment; and, 4. Direct the County Manager or his designee to follow appropriate closing procedures and record the Warranty Deed in the official records of Collier County, Florida. Prepared by: Deborah Goodaker, Property Acquisition Specialist Division of Facilities Management Attachments: 1. Attachment 1— Existing Pump Station 2. Attachment 2 — Subject Property 3. Purchase and Sale Agreement 4. Appraisal dated 02/23/16 Packet Page-928- 5/10/2016 16.E.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.6. Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Agata Maggio, Saverio Maggio, Vito William Maggio, Frank Maggio, John Maggio, Robert Maggio, and Joann Maggio, at a cost not to exceed $336,170 to purchase property in Naples Park for demolition and the future relocation of wastewater Pump Station 101.07 as part of the Wastewater Basin Program, Project Number 70046, on behalf of the Public Utilities Department. Meeting Date: 5/10/2016 Prepared By Name: GoodakerDeborah Title: Property Acquisition Specialist, Facilities Management 4/11/2016 12:06:52 PM Submitted by Title: Property Acquisition Specialist, Facilities Management Name: GoodakerDeborah 4/11/2016 12:06:54 PM Approved By Name: Joseph Bellone Title: Division Director - Operations Support, Utilities Finance Operations Date: 4/11/2016 12:40:15 PM Name: PajerCraig Title: Project Manager, Principal, Public Utilities Engineering Date: 4/11/2016 2:06:36 PM Name: Bendisa Marku Title: Operations Analyst, Senior, Administrative Services Department Date: 4/12/2016 12:03:28 PM Packet Page -929- 5/10/2016 16.E.6. Name: DowlingMichael Title: Property Management Specialist, Senior, Facilities Management Date: 4/12/2016 12:59:19 PM Name: ChmelikTom Title: Division Director - Public Utilities Eng, Public Utilities Engineering Date: 4/13/2016 1:38:59 PM Name: LinguidiDennis Title: Division Director - Facilities Mgmt, Facilities Management Date: 4/13/2016 4:37:56 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/13/2016 4:48:02 PM Name: PriceLen Title: Department Head - Administrative Svc, Administrative Services Department Date: 4/14/2016 2:21:12 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2016 3:14:14 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 4/15/2016 11:05:34 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/4/2016 2:18:39 PM Packet Page -930- 5/10/2016 16.E.6. Existing Pump Station PS 101.07 Packet Page -931- 5/10/2016 16.E.6. Subject Property Maggio 512103 rd Avenue North Packet Page -932- 5/10/2016 16.E.6. Project: BASIN 101 -Wastewater System Rehab Folio: 62835920005 STANDARD FORM AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between AGATA MAGGIO, SAVERIO MAGGIO, VITO WILLIAM MAGGIO, FRANK MAGGIO, JOHN MAGGIO, ROBERT MAGGIO, and JOANN MAGGIO, all as joint tenants with rights of survivorship, whose mailing address is 1731 Wyandotte Street East, Windsor, Ontario, Canada N8Y 1C9, hereinafter collectively referred to as ("Seller"), and BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS. EX -OFFICIO THE GOVERNING BOARD OF COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property, located in Collier County, State of Florida, and being more particularly described in Exhibit "A" (hereinafter referred to as the "Property"), attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Three Hundred Ninteen Thousand Dollars ($319,000)(U.S. Currency) payable at time of closing. Page 1 of 15 Ova Packet Page-933- 5/10/2016 16.E.6. 111. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Manager of Real Property Management or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional sixty (60) days without further approval by the Board of County Commissioners. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Suite 800, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seiler shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller, payable by wire transfer to: insert escrow agent contact information, the following: 3.0121 A wire transfer in an amount equal to th adjustment for prorations as set forth herein a statement. No funds shall be disbursed to S verifies that the state of the title to the Property since the date of the last endorsement to the Section 4.011 thereto, and the Title Company is Page 2 of 15 Packet Page -934- e Purchase Price, subject to nd as stated on the closing Se until the Title Company has not changed adversely commitment, referenced in irrevocably committed to pay 01 5/10/2016 16.E.6. the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost 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. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within thirty (30) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have 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. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have fifteen (15) days to remedy any defects in order to convey good and marketable title, 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. Irti the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said 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 Page 3 of 15 ME Packet Page -935- 5/10/2016 16.E.6. election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within fifteen (15) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 This provision was deleted as an in-house appraisal was obtained per the guidelines set forth in Section Two(4) of Ordinance 2007-28. VI. INSPECTION PERIOD 6.01 This provision was deleted as the Property is being purchased "AS IS", without inspection. VII. INSPECTION 7.01 This provision was deleted as the Property is being purchased "AS IS", without inspection. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2016 taxes, and shall be paid by Seller. 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. Page 4 of 15 Packet Page -936- 5/10/2016 16.E.6. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, and neither party shall have any further liability or obligation to the other except as set for in paragraph 13.01 (Real Estate Brokers) hereof. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 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. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 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. 11.013 The warranties set forth in this Article 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. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, Page 5 of 15 Packet Page -937- N 5/10/2016 16.E.6. 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. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 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. 11.017 To the best of Seller's knowledge, there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller has no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller has no knowledge the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller has no knowledge of 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 none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. Page 6 of 15 Packet Page -938- 2 5/10/2016 16.E.6. 11.020 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. 11.021 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. 11.022 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. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Page 7 of 15 Packet Page -939- 01 5/10/2016 16.E.6. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Administration Building 3335 Tamiami Trail East - Suite 101 Naples, Florida 34112 With a copy to: Office of the County Attorney Administration Building 3299 Tamiami Trail East - Suite 800 Naples, Florida 34112 If to Seller: Vito William Maggio Vito's Pizzaria 1731 Wyandotte St East Windsor, Ontario Canada N8Y 1C9 With a copy to: Mari Vesci or Patrick Gendron John R. Wood Properties 9000 Gulf Shore Dr Naples, FL 34108 12.02 The addressees and addresses 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. XIII. REAL ESTATE BROKERS 13.01 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. Page 8 of 15 Packet Page -940- 5/10/2016 16.E.6. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 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. 14.03 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. 14.04 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. 14.05 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. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 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. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Page 9 of 15 Packet Page -941- 5/10/2016 16.E.6. 14.10 Seller agrees to remove all personal property from the structure no later than ten (10) days prior to the established closing date, leaving the property in "broom clean" condition. Personal property items include, but are not limited to, furniture, clothing, pots, pans, dishes, eating/cooking utensils, bedding, towels, lamps, fans/heaters, anything that is not normally considered to be a "fixture." Seller may leave or remove the major appliances now in the home, but Purchaser will not require Seller to remove said items. 14.11 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 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. IN WITNESS WHEREOF, the parties hereto have signed on the following pages. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: Dated: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BOARD OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF COLLIER COUNTY WATER -SEWER DISTRICT 1:311 DONNA FIALA, Chairman JENNIFER BELPEDIO, Assistant County Attorney 1?\`' Page 14 of 15 Packet Page -942- AS TO SELLER: Dated: 101 WITNE (Signatur U v w MoAQ to (Printed Name) (Signa (Printed Name) AS TO SELLER: Dated: _ C -zot 5/10/2016 16.E.6. WITNES ES: .� �"y - • MAGGIO Walflomm (Printed Name) (Signature) �rlllol'� (Pr nted Name) Page 11 of 15 Packet Page -943- AS TO SELLER: Dated: (0 hoI G WITNE SES: (Signat r ) R-Ao� (nAGG(O (Printed Name) 46 22 0 cl--� 0. (Signature), Ac\CA, fa 0 (Printe N me) AS TO SELLER: Dated: / -2/0/L Z6�2621� WITNESSES- (Signature) (// 7- &/) lt-?/ar-� /a (Printed Name) qA4Q CVq to 5/10/2016 16.E.6. O WILLIAM MAGGIO BY: FRANK MAGGWV Page 12 of 15 Packet Page -944- AS TO SELLER: Dated: 0 -7, WITNESSES: (Signature rel (Printed Name) Name) AS TO SELLER: Dated: (0 Z���G WITNESSES: (S �l u (Printed Name) (f Aignature) — l / T 0 4,*",) (Printed Name) JOHN MAGGI BY: 1� ROBE KTMA Z;GIO Page 13 of 15 Packet Page -945- 5/10/2016 16.E.6. AS TO SELLER: Dated: D&� (Printed Name) ` ��► . `!Rl11 TPrinted In 5/10/2016 16.E.6. Page 14 of 15 UVJ Packet Page -946- 5/10/2016 16.E.6. Lot 28, Block 40, Naples Park Subdivision, Unit No. 6, according to the plat thereof, recorded in Plat Book 3, Page 15, of the Public Records of Collier County, Florida. Page 15 of 15 0 Packet Page -947- 5/10/2016 16.E.6. Residential o 62835920005�Sife Ad 512103RD AVE N Packet Page -948- 5/10/2016 16.E.6. The Scope of the Appraisal The scope of the appraisal is to "describe the extent of the process of collecting, confirming and reporting data" for the appraisal report. In this regard, the subject property was, physically inspected and the photographs were tak-ca. Current market sales activity is analyzed, Unless necessitated by market conditions, sales tratuactions ranging from one to six months (six to twenty-four months when the quantity and quality of the data is limited), totaled within one mile of the subject property(onc to twenty miles when the quantity and quality of the data is limited) and considered the most similar comparables available are compiled from and confirmed with the local multiple listing service the county property appraisers ofliix, the Marshall & Swift cost guides and/or local building contractors, and/or the buyer(s) and/or sellcr(s) of properties. After assembling and analyzing the data defined in this scope of the appraisal; a final estimate of market value is made by reconciling the applicable approaches (cost, income and/or market) to value, Per the client, the fact that the property being appraised is to be acquired for a roadway extension and the impact on market value that this action may have is to be ignored. The Property is to be appraised as if no pending acquisition is imminent. The Purpose, Function, Intended Use and Intended User(s) of the Appraisal The purpose of this appraisal is to estimate the atarket value of the subject property as defined within this report. The function of this appraisal is to assist the client in the acquisition of residential real estate for future community development projects. The intended use of this appraisal is to assist the client in the acquisition of residential real. estate for future community development projects. The intended user(s) of this appraisal is the Collier County Board of County Commissioners and its assigns. Any other use(s) or user(s) is prohibited. Highest and Best Use As defined in "The Dictionary of Real Estate Appraisal", highest and best use is: 1. The reasonable and probable use that supports the highest present value of vacant land or. improved property, as definers, as of the date of the appraisal. 2. The reasonable probable and legal, use of land or sites its though vacant, found to be physically possible, appropriately supported, financially feasible, and that results in the highest present land value. 3. The most profitable use. "Implied in these definitions is that the determination of highest and bat use takes into account the contribution of a specific use to the cunimunity, and community development goals as well as the benefits of chat use ui individual property owners. Hence, in certain situations the highest and best use of land may be for parks, greenbelts, preservation. conservation, wildlife habitats and the like." An analysis of the highest and beat use of a property Is the most iinportant part of the appraisal process because it is in terms of highest and best use that market value is estimated. The study and selection of highest and best use is based on available data about what uses are legal, possible, appropriate and feastble for the site both as vacant and as improved. Packet Page -949- iT.. MARI 5/10/2016 16.E.6 REAL ESTATE APPRAISAL *Faliallo. 62835924445 'a i1ky= % 512 143rd AVE N h w � ,. 6 - MAGGIO ;;ses 1731 WYANDOTTE ST E ,VCANADA FStiitC' xa ' �iNAPLES PARK UNIT 6 ' 10'11!19� ,' BLK0 LOT 28 des' 9 �. _Iowgshtp' w. ACC Mapa, ! , �.. MMS SINGLE FAMILY ;114i11a$v.,r' SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO. 3 Address: 512 103RD AVE N 540 105TH AVE N 516 103RD AVE N 564 107TH AVE N Proximity to Subject s 2 BLOCKS N NEXT DOOR 4 BLOCKS N Sales Price ;, A, e $280,000 a $302,500 I� $315,000 s '� Unit Price 170 SF 230 SF " 250 SF Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data Date of Sale & Time DESCRIPTION DESCRIPTIONAd'u /-$ DESCRIPTION Ad'u /-$ DESCRIPTION Adjustment /-$ Adjustment 11/17/15 $10,000 06/19/15 $10,000 01/16/16 $0 Location N NAPLES N NAPLES $0 N NAPLES $0 N NAPLES $0 1,902 SF 1,932 SF $0 1,315 SF $7,000 1,504SF $5,000 LE SGL FAMILY Equal $0 Equal $0 Equal $0 GARAGE 1 CAR GARAGE 1 CAR $0 1 CAR $0 none $0 YEAR BUILT YEAR BUILT 1981 YEAR 1981 $0 YEAR 1978 $0 YEAR 1973 plus RECENT UPDATES NO RECENT UPDATES NOMINAL $0 NOMINAL $0 UPDATED minus Sales or Financing' Cash $0 CASH CASH Concessions �r Net Adj. (Total) $10,000 ,;` ' $17,000 ` $5,000 Indicated Value of $290,000 $319,500 $320,000 Subject ..x,. Comments on Market Data: Collier county purchased arvacant lot 4/15/2015 for $320,000 located on vanderbilt Dr. The subject property has not been updated, also taking into consideration the intended use for the subject property and current market data for properties that have not been updated, the estimated value for the subject property is $319,000 Comments and Conditions of Appraisal: The interest being appraised is fee simple, and the highest and best use of the parcel is considered vacant. The 4 elements of H & B use are considered, and this report is a market value appraisal. The appraisers decisions and scope of work may become relevant to the characteristics of extraordinary assumptions or hypothetical conditions and may become applicable in this valuation. Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property. ESTIMATE MARKET VALUE: $319,000 DOLLARS ESTIMATE MARKET UNIT VALUE: 167.89sf DATE OF ESTIMATED VALUE: 2/23/2016 Appraiser. r � Roosevelt Leonard Land Appraisal Report, Appraisal Form 02 Rev. Packet Page -951- COMPARABLE SALES 5/10/2016 16.E.6. __._... 540105th Ave N (#1) 516103`d Ave N (#2) 564107th Ave N (#3) Packet Page -952- I 5/10/2016 16.E.6 C D E F COL AE . , E CO/VT/NUED PARKVIEW P7 N+- 11 � CT Z a V REVERSE 2 NAPLES , NAPLES PARK R COU14 Cru L'�co'sc t MEMORIAL ES RIVERCHASE m OAK81 > o i o GARDENS OuEL S/CL'Roup m r 2 SF" P� �- } c ^m BLUE51Ll = AY 111TH ¢ s o v > ® ; '�yl DREW Gr c o RAMFM60 AV i 10TH Y Iia derbi it Q N 2g !iE AV-' i0 AV N � m NORTH COLLIER ANO - EGRGTAG 1071 AV cn N CREEKSIO mPKWY� MEDICAL CENTER eaC1'1 m b m O A CONNEAS AY AV N BLVD " t 706TH CREEK5t0 0 �._ . -�, o O VETERANSF F SEABEE R� 1D5T Comp 1 1 EGRET $ WALK CIR ^ 0COMMUNITY {SABRE AV 104TH N 2 EGRETS RUN 27 BAY ^PARKEggo r y c r a m q � 1 102ND L'1 AV RD AV N g ND 4SS COLONY R' ; PONDSi�DE ¢ WcCOUNTRY IDGE IUEIwI ry6 S 101ST Ory N BA OLOB c LEAMfNGTON �S Gcv WINDING cL pg q' i TH viG GO L CLUB m �` �+ a lOAKS r i7 Nn @ �% m 0 m A N a� IST RIA PARK _ _WINDSOR WY WIN stF F-xtt y HAYSIDEAV 95TH N �C a o m )�r� WOOD ' k ala "_"� 97TH AV N qy ,o h m NOTTIN rTurt,� t PINE AV; 96TH x x AV ""x N C F m Gr /.nkr ID Gp nAN NDNrNGI ..PC•9 , -:..OAKAV �• 95TH AV N SPgNT ARS '' �UdOfiraHIM OUR x c .0-$t PALMGfI 94TH AV N _._.. S OSS. .. _.... $j 6 LA _.r NDON OR $ w.om 93RD E ;r �'!I-....P,.... . K-23 10 4`130UiH6AY OR 92N0 AV N 'YCl T �� k o-io ANDERBILT BEACk, s E FLpGSHih� R 91ST AV P VII N N NG ! "ryHo Cfy4fpyT nnM Robe PWY < (PUBLIC BEACH A �. L B N PELICAN e R aN 0.7' IB AN Fii J : _ c ._o s REEFPDIx PavluoNsrc MARSH opo `P IVYpol b OVE N .F-18 ,f "Cift.s c•$;._...._ m y OR s in 3 VA �fR81 ter`` IRE P� N --•, s c -� F-19 30Qy aq boy Lm c u yq BEACy5TA.1 ::. U�9 �S4o� 17 Ei-18PE 1 Ay- g y LI RA AY HICKORY PELICAN`kMARSH33 c �- L-1 7 CO MU 0 F �ENCALIBU o MARKET PL STC - LWA ctLA��4 Ft a`�- BLUE FLAG GOLF t *m 3 z c� 5 in .. A �°. WY . _ _ # - L LEI a7� q�ttyy `<0 _ �4 1.78 i Co ONY �1e'F.f o s a m RQ ) s g $. j l � �u PepICa1fciUB a F�� 477 / '10R ". W' L.aItC_. $uttditrg. chi* MUtRFtEI.D DR Cj. 1 y R eta -19 • �'F_ y/�ZUSAYDRx o 5 n Cq'j qRD 4 3 3 BAYo LAU q� 2F� _�$ • Ball 'y t . � " BRtDBES D�VEN - SU � PtFi LAR - � a } `'VEH7URA� �a�f ~ m .7 r.-12 UEDE, 7 DOw i NIU 4VY oa •14 AVELLEQo ,VQ,T,UR F AK BANYAN R 9RT0 �. •mL^�� u ANNEM E IT ELAC� O D 9T LM rifle VFAA 1StADN' Rz2 n A PINE' EK GE go VIL THE LA so a a o�cti ct } wo tt LA PI RI i M N. RE WILLD N !I W 78 LC y C o TENNIS COURT LA RUE Df INESI rn!C W 0 3. _ A rn�s ALh LA /,T 9 g SAN GAB i a''� i SANTA 'F+ EMEft LD EJLt :3 5C MARBHERITA rt sT a ,.r O Ru A I -:? WEST CCF eq 9 C RAi l YNR LLIAFNgST`4*,,,,�� x 2 _` 4 M V PL °1P ut R ND 3 y o R 9 $gip Qyt t N a r�T( V)VD SEVII A WY CIR r t,YTr� CLUB DR \ RA LAGUNA Lake 1 f I �a m - .ys9y SAND p E c, TiM NE DR i 1lfr " a �s,�Apib�Oip rEL`1Npjp 3 �- �Ld�.._$$QJ�9¢�_am 1� i \l 77 9y %➢ AOR E t 11SrrtitN�l�; � ,' /nke....f ct " aS1E . R� 1D ",Smi wt SLINSrONE V$L�L AT % ppo e J okc< EUGENIA OR j a wL EPY q > BEAR CREtK 2p1 THANPHALE R 59 B f ^z S l O HO LOW ANT: DRY F OR 3'KI DEEAPL g ro, Q MAHOGANYDRx HERN o J� !9 y KEY CT I 7 f7- F .VD-.......Sz ._.__. << SUN PL C ABO R A C RED t NORTH Si R v" WILL0 'P o t. W v 1 TRADE CENTER- : PELICAN'. Yiy,�sq. �n $ PINE RIDGE y a J HOLLYS ST q w J& C BLVD rI r C, SB U l9 41 ��E ; \ ¢ 1 Q � bTU U z CORPDRATION B710 3 fidJlr�" O UD ¢ 8 ' w 11 PASS CT o ELSA ST ?ARK !p uyy : L cT Cf g* '" 7� .> j t o"a v GP��O PINE RIDGE r S M.S. J&C mit I m s fi¢ TIER I DUSTRI L x n o t'k7AtA I RRA -1 PARK TURTLE BA TffRNX =tAR LAE �rr 3 s r a+1 3C�1� bERON PO' T p NAR AY LA «Sinr!}' F NORTH. NAPLES AR Z R e p-' 4 sn APLES. BOARD OF x; AV m B(t D R lA TE 516E FIRE REALTORS w i 1 - 1 & eE.JjAT� °4- ...... .L..LTATION @ Packet Page -953 } m Pl t,ZA D 7i - _r PINE. BD IN it ��` \4.11r�i��t o ORAYTON';...t,.'•7��.Ihncrn:..::��:tlGiB �t� _, RCS e 5/10/2016 16.E.6. Packet Page -954- 5/10/2016 16.E.6. lregal'NAPLES PARK UNIT 6 BLK 40 LOT 28 Mill` x;68 *-. ates 0 *Calculations Sub./Condo 511300 - NAPLES PARK UNIT 6 c, o©Other Total Use Code 0 1- SINGLE FAMILY RESIDENTIAL 5.48 5.838 11.318' Latest Sales History (Not all Sales are listed due to Confidentiality) Dae w Book Pae Amount _ g 01/12/98 i 2378-3283 $0, 10/01/82 989-1762 $ 60,000 w_.. 05/01/81! 916-2000. $16,900 2015 Certified Tax Roll (Subject to Change) Land Value $123,050' (+) Improved Value $132,360. (= } Market Value $ 255,410: ( - } 10% Cap $ 27,619. (_) Assessed Value r t $ 227,791, (_) School Ta ue $ 255.410' (_) Taxable $ 227,791; Packet Page -955- 5/10/2016 16.E.6. Packet Page -956- 5/10/2016 16.E.6. Colter County Tex Collector Packet Page -957- 5/10/2016 16.E.6. Naples Park, Ft Data &Demographics (As ofJuiy 1, 2015) POPULATION 2,619 HOUSING 229 Total Papulation 6.006 TOM Hou9inp Unft 3.988 (100%) Population in Households 5,993 ' Owner Occuplad HU 1,227 (36.2%) Population in Familes 4,294 Renter Occupied HU 1.392 (41.1%) PoplaeDoO in Group flrtrs 15 Vacant Housing Units 769 (23%) Population tensity' 4.885 Median Hone Value 5222.396 Diversity indptl 52 Average Home Value 1242,339 HOUSEHOLDS Total Households 2,619 Average Household Size 229 Family Households 1,499 Average Fatngy Size g INCOME Median Household Income 146,349 Average Household income 561,004 Per Capita Income S26,615 (COmpound Annual GMWth Rates) `m , ritl iiE3I 2010 2Di411r'" `� 4 a a,S�k �R016{2Q�x .4. POpUWO 0.13% 0.57% 0.26% 0.63% FanNDe: 0.0% 0.46% Medqul Homhoib iilit att 2.7% Per Capita income 2.45% 1) f'otxAation pesiry s 7ota1 PopUlailon per square mle. 2) The Diversity index is a scale of o m 100 that represents Lhe l*eyhoorl that tm perioris, chose at rarAom rr mthe same area, txbrg to da rent race or ettvac pfoUps. ITen area's entire poPt7Wti0t1 belongs to one race AND one eh* group, than the area has zero dlverai`y. Al atta's 6rvetsity index `¢xreasse 10 100 when the popUaGon Is eve" &Ailed Into two or mora raceterm groijDs- Saseo on Ceraus 2010 counts, the Dversity Index for ins LAW States was 50.5 and it is expec*c to axrease to 64.8 by Jury 1, 2018. Packet Page -958- 5/10/2016 16.E.6. Statement of Limiting Conditions and Appraiser's Certification DEFMTTION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and sellerare typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) p ayment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third Party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment, should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the tide to it The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties. express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field ofenvironmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were famished by other parties. S. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10, m� appraiser must provide his or her prior written consent before the lender/client, specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower, the mortgagee or its successors and assigns; the mortgage insurer: consultants; professional appraisal organizations: any state or federally approved financial institution: or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the IenderJclient may distribute the property description section of the report only to data collection or reporting service(s) without, having to obtain the appraiser's prior written consent The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Packet Page -959- 5/10/2016 16.E.6. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: I . I have researched the subject market area and halve selected a minimum of three recent sales of properties most Similar and Proximate to the subject property for consideration in the sales comparison analysis and have trade a dollar adjustment when appropriate to reflect the market reaction to those items ofsignificant variation. if a significant item in a comparable property is superior to. or more favorable than, the subject property. I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to. or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which; are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the propcny. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, die attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and for employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by die Appraisal Standards Board of the Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. S. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that i have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to supportthem. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks, I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above. and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 5`fX /r,!J M1147e Al APPRAISER SUPERVISORY APPRAISER (only if required): Signaturey 14',E Signature:_ Name: Date Signed:_ ,2IA; Date Signed:_ State Certification#: 153- s'j` State Certification or State License #: or State License #: State: _ State: Expiration Date of Certification or License: _ Expiration Date of Certification or License: 0 Did 0 Did Not Inspect Property Packet Page -960-