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Agenda 03/10/2015 Item #16C3 3/10/2015 16.C.3. EXECUTIVE SUMMARY Recommendation to approve a Purchase and Sale Agreement with Melva E. Abreu at a cost not to exceed $321,700 to purchase property in Naples Park for the relocation of a wastewater pump station as part of the Wastewater Basin Program,Project Number 70046. OBJECTIVE: To purchase a tract of land for the relocation of a wastewater pump station 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 The public purpose is to bring outdated and inadequate utility infrastructure into compliance with current county standards while meeting the demand for service, improving reliability, protecting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 Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water User Rate Study approved by the Board June 10, 2014, as Agenda Item 11C. The 101 Basin Pump Station Relocation Project is one of many projects being designed as part of the Wastewater Basin Program. More design and construction projects will occur as the program continues and funding becomes available. 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 associated force mains need to be replaced. The purchase of this property will allow the decommissioning of the pump station and the construction of a replacement pump station with adequate capacity to serve this sub-basin. The existing site for pump station 101.06 is undersized and located next to a Vanderbilt Lagoon canal on one side, and a sidewalk on the other(reference Attachments 1 and 2). The location of the existing pump station is in a high vehicular traffic area which poses a safety hazard to pedestrians, cyclists and County work crews.This pump station will be eliminated and replaced by future infrastructure constructed on the proposed property located on the opposite side of Vanderbilt Drive (reference Attachment 3). This property is large enough to accommodate all utility requirements, a containment system that will prevent sanitary system overflows from leaving the site and a staging area for emergency pumps and generators. In addition, emergency pumping will be provided to the relocated pump because it pumps directly to the wastewater treatment plant and is located close to an environmentally sensitive area. When purchased, staff will conduct neighborhood information meetings to coordinate plans with nearby residents. Once the pump station is relocated,the existing site will be restored. Several 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 $320,000, 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 FY15 Capital Budget approved by the Board on September 18, 2014. The source of funding is the Wastewater User Fee Fund(414). The total outlay should not exceed $321,700 ($320,000 for the purchase of the property, $1,700 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 Packet Page-856- 3/10/2015 16.C.3. 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,Real Property Management Attachments: 1. Attachment 1 2. Attachment 2 3. Attachment 3 4. Purchase and Sale Agreement 5. Appraisal dated 1/9/15 Packet Page-857- 3/10/2015 16.C.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.3. Item Summary: Recommendation to approve a Purchase and Sale Agreement with Melva E. Abreu at a cost not to exceed $321,700 to purchase property in Naples Park for the relocation of a wastewater pump station as part of the Wastewater Basin Program, Project Number 70046. Meeting Date: 3/10/2015 Prepared By Name: GoodakerDeborah Title: Property Acquisition Specialist,Facilities Management 2/19/2015 3:29:45 PM Submitted by Title: Property Acquisition Specialist,Facilities Management Name: GoodakerDeborah 2/19/2015 3:29:46 PM Approved By Name: Mott Toni Title:Manager-Property Acquisition&Const M,Facilities Management Date: 2/20/2015 1:16:51 PM Name: PajerCraig Title: Project Manager,Principal, Public Utilities Engineering Date: 2/20/2015 1:20:19 PM Name: Joseph Bellone Title: Director-Operations Support,Utilities Finance Operations Date: 2/20/2015 2:07:07 PM Name: CromerAaron Title:Project Manager,Principal,Public Utilities Engineering Date: 2/20/2015 2:33:32 PM Packet Page-858- 3/10/2015 16.C.3. Name:NagySteve Title:Manager-Wastewater Collection,Wastewater Date: 2/20/2015 2:39:17 PM Name: JohnssenBeth Title: Director-Wastewater, Wastewater Date: 2/20/2015 3:31:38 PM Name: JacobsSusan Title: Operations Analyst,Wastewater Date: 2/20/2015 3:31:51 PM Name: LinguidiDennis Title:Manager-Facilities,Facilities Management Date: 2/20/2015 3:41:31 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 2/23/2015 11:20:19 AM Name: YilmazGeorge Title: Department Head-Public Utilities,Public Utilities Department Date: 3/1/2015 4:19:00 PM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 3/2/2015 2:42:14 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/3/2015 10:11:58 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 3/3/2015 1:06:04 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/3/2015 4:11:45 PM Packet Page-859- 3/10/2015 16.C.3. � � 11‘ ,--- -, , ,,,... -,..... :,.. t. ,.., ,,, ■ I i .,, - v# f ¢ ' � 1 i y r 6 y °v n> s�~'z 414 117- i f Y r 4 • ! i_ y0� `!6 i` „, ‘1, 1,,,t. -,`" it x rya .'' 4 & fi M + .., x '� � moo, fir e_ - a _ x1 c , Packet Page-860- 3/10/2015 16.C.3. ):), z .„_,.,, : ,,...,:ti a • LO„ . - 't,britl....--w--"--'-'j' v : g \v - , r X o a. a N 4-1 r C E -.-, > U "�' Q +vest � N pi J b Packet Page -861- 3/10/2015 16.C.3. a r .,. j - "d+ w/ 3 psi Po C4 , . . 1 • A .',' �. b. '�L"1 �" ....- ff Vey 'Mti.uM,. {u i . F '' 1v, - p r r e f . ce' .�22,,,,b ' F.ts Y .4,,,--AP t -_ .. M 1'r s .may � - ` , .1 a, . ..w Y x ,, t kue r` '.h ra f "If,c _ I- z ......, Packet Page-862- 3/10/2015 16.C.3. Project: BASIN 101 - Wastewater System Rehab Folio: 62831200004 STANDARD FORM AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MELVA E. ABREU, a single woman, whose mailing address is 1896 Oakes Blvd., Naples, FL 34119 hereinafter 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: I. 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Three Hundred Twenty Thousand Dollars ($320,000)(U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE hundred twenty twenty CLOSING", OR "CLOSING")fol owing the transaction shall be held on or before one execution of this Agreement by the Purchaser, unless extended by mutual written 1 Packet Page-863- l,�' 3/10/2015 16.C.3. agreement of the parties hereto. 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 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. 3.0112 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 the following: 3.0121 A wire transfer in an amount equal to the Purchase Price, subject to adjustment for prorations as set forth herein and as stated on the closing statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 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 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. 2 Packet Page-864- 6� 3/10/2015 16.C.3. 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. In 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 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. 3 Packet Page-865- �� 3/10/2015 16.C.3. 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 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection 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 environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If 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 Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection 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. In 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. 6.03 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 and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 4 Packet Page-866- 0 3/10/2015 16.C.3. 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 2015 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 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. 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. Xl. 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 5 Packet Page-867- ) 3/10/2015 16.C.3. 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, 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 6 Packet Page-868- �� 3/10/2015 16.C.3. 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. 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. 7 Packet Page-869- ��7 3/10/2015 16.C.3. 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. 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: Melva E. Abreu 1896 Oakes Blvd. Naples, FL 34119 With a copy to: 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, 8 Packet Page-870- 3/10/2015 16.C.3. 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. 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. 9 Packet Page-871- �iy� 3/10/2015 16.C.3. 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.) 14.10 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 below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: 3t saN� e. $ ?et, to Assistant County Attorney "9.0-A* 1� \ 10 Packet Page -872- 3/10/2015 16.C.3. AS TO SELLER: DATED: "J fig/ /S WIT SSES: 1 A�..`l�a .. # Lt BY: c • ' `-'" (Signature MELVA E. ABREU (Printed Name) 4 gnature) Ah ; e ,^ 7n2 (Printed Name) 11 Packet Page-873- 3/10/2015 16.C.3. EXHIBIT "A" The North 40 1/2 feet of Lot 24 and the South 27 feet of Lot 25, Block 34, Naples Park Subdivision, Unit No. 6, according to the plat thereof, of record in Plat Book 3, Page 15, of the Public Records of Collier County, Florida. Lot 23 and South 13 1A feet of Lot 24, Block 34, Naples Park Subdivision, Unit No. 6, as per plat thereof recorded in Plat Book 3, Page 15, Public Records of Collier County Florida. Excepting therefrom the following described real estate, to-wit: Lot 23 and the South 13.5 feet of Lot 24, Block 34, Naples Park, Unit No. 6, according to the plat thereof, as recorded in Plat Book 3, Page 15, Public Records of Collier County, Florida, together with a portion of the North 40 '/2 feet of said Lot 24, being more particularly described as follows: Commencing at the Northwest corner of the South 13.5 feet of said Lot 24; thence South 89 degrees 57'00" East along the North line of said South 13.5 feet a distance of 27.43 feet for a Point of Beginning of the Parcel herein described; thence North 01 degree 55'50" West, parallel with the West line of said Lot 24, a distance of 11.01 feet; thence South 89 degrees 57'00" East, parallel with the North line of said South 13.5 feet of said Lot 24, a distance of 89.04 feet; thence South 01 degree 42'20" East, parallel with the East line of said Lot 24, a distance of 11.01 feet; thence North 89 degrees 57'00" West, along the North line of said South 13.5 feet of Lot 24, a distance of 89.00 feet to the Point of Beginning, and less the Easterly 14.51 feet of said Lots 23 and of the South 13.5 feet of Lot 24, Block 34, Naples Park, Unit No. 6, according to the plat thereof, as recorded in Plat Book 3, Page 15, Public Records of Collier County, Florida, together with a buffer easement over and across the South 11.00 feet of the North 40 1/2 feet of the West 27.41 feet of said Lot 24, Block 34, Naples Park, Unit No. 6. 12 Packet Page-874- C 3/10/2015 16.C.3. 9622 VANDERBILT DR NAPLES FL VACANT LAND APPRAISAL REPORT 4647 11! 002ir ' 4 • ,,yomf fig tF J f f C.44- * � �gRaA. e!. t ,.3' "F" ..FMS +�4M- � ' C ` i '- z * + S✓'y: ,� t ;' K''u y' �. t"to y wr,.as . kLrt °5:: Appraisals 2 � e'F..W. f'3 PREPARED FOR AND PROPERTY OF COWER COUNTY BOARD OF COMMISSIONERS RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page-875- 3/10/2015 16.C.3. Vacant Land Valuation Restricted Appraisal Report THE SUBJECT PROPERTY Parcel No. 62831200004 Site Adr. 9622 VANDERBILT DR Name/ ABREU, MELVA E Address 1896 OAKS BLVD City NAPLES State FL Zip 34119 Map No. Strap No. Section Township Range Acres *Estimated 511300 34 3A28 28 48 25 0.25 243A28 NAPLES PARK UNIT 6 BLK 34 N 40.5FT OF LOT 24 AND S 27FT OF LOT 25 AND ELY 14.51FT OF LOT 23 AND S 13.5FT OF LOT 24, LESS THAT PORTION OF LOT Legal 24 DESC AS FOLLOWS: COMM SW CNR OF SAID N 40.5FT LOT 24, S 89DEG E 27.43FT TO POB; N 01DEG W 11.01FT, S 89 DEG E 89.04FT, S O1DEG E 11.01FT, N 89DEG W 89FT TO POB Millaee Area e 68 Millaee Rates 0 *Calculations Sub./Condo 511300 - NAPLES PARK UNIT 6 School Other Total Use Code U 0 - VACANT RESIDENTIAL 5.58 5.8776 11.4576 ., . ' 4 :,.. t5. •it • ... . , T.4. , '''' .,. ■. .. 1 ,=. Y.5. '.,54, ,....„ ' ' i'••■,5'5: . ‘.',1°.:". y 4.''' " V.- ' „. . - I.; :1 „, ,,4.•.7'4'44 `4 laiViir , .1,,gt. ,.; 1 ;' 7 3... . 0 4,,, s•1* ,' " , - / 1HAYEN .. \ . , . .• , i _ ,,,,, ,40 , ,..', _. - Kr\ .: ,4246 ...t....- - ..;:.`0,‘-'-' 4L --, - , a ,.. '.44, ,,,.-.— .:-.„2,:-4 - - '---, - s .-- ' 4 PREPARED FOR AND PROPERTY OF COLLIER COUNTY BOARD OF COMMISSIONER RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page-876- 3/10/2015 16.C.3. Naples Real Estate Sales Naples home sales for the eight month period ending August 31, 2014 increased 3% over the same period in 2014. The high number of homes sales over the recent years has greatly reduced the number of homes listed for sale. Naples Florida Home Sales Eight Month Period Ending August 31 8,000 -, 7,000 6,000 i 5,000 4,000 3.000 .1 2.000 1,000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Subject property zoning RMF-6 Vacant Lot/Residential Use PREPARED FOR AND PROPERTY OF COWER COUNTY BOARD OF COMMISSIONER, RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page-877- 3/10/2015 16.C.3. Fee Simple Market Analysis: he subject property is 0.25 acres in size Comparable sales data #1. 11060 Vanderbilt Dr 0.40ac sold 02/2014 for$250,000 @ $14.35sf #2. 9720 Vanderbilt Dr 0.20ac sold 01/2014 for$225,000 @ $25.82sf #3. 553 106th Ave N 0.15ac sold 06/2014 for$200,000 @ $30.60sf #4. 581 96th Ave N 0.15ac sold 06/2014 for$265,000 @ $40.55sf The average sales price per square feet of the four comparables is$27.83sf Taking into consideration the size of each sales comparable and subject property being located on Vanderbilt Dr., in my opinion the variance between the comparable sales features is a wash. The only warranted adjustment at this time is for the overall market conditions. The overall market condition adjustment to the average sales market data is 5.5% increase. Reconciliation, the average per square feet sales data will be increase by 5.5% establishing the adjusted per SF unit price of$ 29.36sf for the subject property. Mathematically, The subject area 0.25 acres or 10,890sf$29.36sf is $319,730 say$320,000 dollars dated 1/06/2015. ($320,000)Three Hundred Twenty Thousand Dollars PREPARED FOR AND PROPERTY OF COLLIER COUNTY BOARD OF COMMISSIONERS RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page-878- 0 11',�u — _ '� ��� 3/10/2015 6. •3.a _ 3/10/ 51 C I 31,M _- .4--- --.� a„�v - j”" -q-- To '' cRR ,,_,,,.,� i "t P 'S d T'JRNB,- u x.0 F-+ ro s o ,al ca! • ? X3S 1s s S tlQ4ayb,co '� �� ,,,..,""7,-trt di; tt ., <LI °0�,4, DAm o o • `aS-I v,,,,,,,,,-;..\,,,, �`r Nooil ^�31N ll 9 y113M3( ° ¢ ,c, ...�I111 z 5 Db sy� a�M,_z .: i 1°1 /NN a ", 4.3 v� `�' cS ,'.T�� 1 Y G u,i ■S `�i ON 7.3 I�yid J�, M J �`_''�o j w 2 s �, tia <j c."�M y(VIN W C� 3a 1. 43 DC • O Z` 6Q' r nb _ ,,"' 3o*sera asps Y HO 30(MOW) t• '1iN3a J l,S < j10 p.�, �'1$19 b�0 , J AM > • ..'� tf0 3Nlh 3WVl3 BEND CtR ESSE NbH'�1}.. ,�,h-M a c~., F G Q�;T �by�Qt' .. >_ "'s N�,INIS VS _ •4 Q I C \ILIDW CIR o Z G.0 Q$ 2 o DD RA NNA BLVD b� � ° 4 a j� �,¢m C 3NIh 1t300 PARNU ST q rj= cc Z--E¢ 0 3 ;Hi a VE U; z �� 2ntlOw 5_, o 33h18 W Ind 4o4i'�"; (°� 12 vii p o°�°... NONt1l' !„(? "' DR bb,�' d t'l•NVg ci, _, I? 1. 1 0M31,1W1Vd ' 4 �A'- .i'-'e •y3N3H• 0z'. 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'p f. .R-- (.� Q, � 114° OJ`'-CREEKSIDE U BO aQ '_"^-y--' s,0� r _vim U .. b W u /w WY = 1- 3a 3lwtloa a 1 a W NHO "' a w q 1 c ,D L' Pp - , IV w e w w _,z e.o _, o Z s 2 FNP.6 Z --(I rd I H0 r ¢ o - °_ti.<� ,� z d U r c- `� Cr) CPSS >ro 4 w J O W lip P iCA1B x�cncn m 4' d tL ,-• It/2 _ W s CC Ot r0 O_ J U 43s�.HOMEI � ''' .1 '` , - Q CD /l ,.e•O Q�' c` n W Cfil"c 300I3 NV3I13d t m�� IS ,�.. � {{ t f z z U tjN11 HIIWVI 'lil E �' &. -* - \-1' - F's . z - Q cc , 1 I iols I I`1 i E I _D > IX Q �. 65 ' 0 Ia. co I W z LLH> > >s> > > > >`>1>1- 4 <�<t C'< < <1< C I d < ¢i< < <.<7 4 w 4 vv �.,t� i ¢ = a c I I P�' ,t\J t'p U ® i z �1.J '3_ ' t fl ' - , 3it`s ) �.�,,,-c`,,,'\ 1,':\vi ,... 1c 1 - / ~ _o, F0 j O.1.' V { t H I_ S " = S = s_. . r- x D- !Fa 04.c7,-/�� is 111 = =j = _ = o'r- _ = ° z1 va - �^- -'--• "- 1; , r id yhy9 .d ^ Z �;s a v, m n v c.7 TI_ EN Li-- �R �' V,0., P,' �, f a T —HI 0 0 0 0 ° O 0 0 QJ CT (T l7]; F �/ `_ '.f vr' `i'G 1 W L U) r { 3, ,, o < LL, �� c-. O ° y (.)�`"' _ '�7b ire '''�U AN o f u G 5n �_ N cKp.r , n c.)•- Gob„ V GULfSNDRk DR N t t1J v MI 12-1 G U LF 10. ,- Q C(R6'i4 �s� r, ... � .iii Z ,t1 Z > ' , ..-a a.. PREPARED FOR AND PROPERTY OF ,... k „a_. 0 — ' LL °". „= COLLIER COUNTY BOARD PF COMMISSIONERS RELOLLIANCE UPON APRAOISAL FOR OTHER USES IS NOT WARRANTED Packet Page-879- ■MM■ ■■ I s • 3�0< 3/10/2015 16.C.3. HIGHEST& BEST USE AS VACANT: The subject site is subject to residential zoning. This zoning allows for multi-family residential or single family uses. The ubject sites physical aspects do not impose apparent major limitations on development. The financial feasibility of development is evidenced by several established similar uses in the market area. Multi-family or single family residential development is considered the highest and best use as vacant, based on the legally permissible,physically possible, and financially feasible uses of the site HIGHEST& BEST USE AS IMPROVED: The subject property is vacant land unimproved,the subject design and quality is acceptable in the subject's competitive market area.The subject,as currently unimproved, therefore it is financially feasible as a residence and does represent the most profitable use of the site. The proposed improvement conforms to the highest and best use, based on the legally permissible. physically possible,and financially feasible uses of the site. APPRAISER'S CERTIFICATION; I certify that,to the best of my knowledge and belief: —The statements of fact contained in this report are true and correct. —The credibility of this report,for the stated use by the stated user(s), of the reported analyses,opinions, and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal. impartial,and unbiased professional analyses,opinions, and conclusions. —I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. —Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity,regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. —I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. —My engagement in this assignment was not contingent upon developing or reporting predetermined results. —My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion, the attainment of a stipulated result,or the occurrence of a subsequent event directly related to the intended use of this appraisal. —My analyses,opinions,and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that was in effect at the time this report was prepared. —I did not base, either partially or completely, my analysis and/or the opinion of 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. —Unless otherwise indicated. I have made a personal inspection of the property that is the subject of this report. —Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification The Scope of Work The scope of work is the type and extent of research and analyses performed in an appraisal assignment that is required to produce credible assignment results, given the nature of the appraisal problem,the specific requirements of the intended user(s)and the intended use of the appraisal report.Reliance upon this report,regardless of how acquired,by any party or for any use, other than those specified in this report by the Appraiser, is prohibited. The Opinion of Value that is the conclusion of this report is credible only within the context of the Scope of Work,Effective Date,the Date of Report,the. Intended User(s),the Intended Use,the stated Assumptions and Limiting Conditions,any Hypothetical Conditions and/or Extraordinary Assumptions,and the Type of Value, as defined herein. The appraiser,appraisal firm, and related parties assume no obligation, liability, or accountability,and will not be responsible for any unauthorized use of this report or its conclusions. PREPARED FOR AND PROPERTY OF COLLIER COUNTY BOARD OF COMMISSIONERS RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page-880- 3/10/2015 16.C.3. DEFINITION OF MARKET VALUE *: Market value means 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 and knowledgeably,and assuming the price is not affected by undue stimulus.Implicit in this definition are 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 seller are typically motivated; 2. Both parties are well informed or well advised and acting in what they consider their own best interests; 3.A reasonable time is allowed for exposure in the open market; 4. Payment 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. * This definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery,and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS),National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation(FDIC),the Office of Thrift Supervision(OTS), and the Office of Comptroller of the Currency(OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated October 27, 1994. STATEMENT OF ASSUMPTIONS&LIMITING CONDITIONS —The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title 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. The future operation of the property assumes skilled and adequate management but are not represented to be historically based. —The appraiser may have provided a sketch in the appraisal report to show approximate dimensions of the improvements,and any such sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. Unless otherwise indicated,a Land Survey was not performed. —if so indicated,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. —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. —If the cost approach is included in this appraisal,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. Unless otherwise specifically indicated,the cost approach value is not insurance value,and should not be used as such. —The appraiser has noted in the appraisal report any adverse conditions(including,but not limited to,needed repairs, depreciation, and 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 ap COLLIER ti QF COMMISSIONERS kte no knowledge of any RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page-881- 3/10/2015 16.C.3. hidden or unapparent conditions of the property, or adverse environmental conditions(including,but not limited to,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 .onditions 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 of environmental hazards;the appraisal report must not be considered as an environmental assessment of the property. —The appraiser obtained the information,estimates, and opinions that were expressed in the appraisal report from sources that he or she considers being reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items That was furnished by other parties. All information furnished regarding rental rates, lease terms,or projections of income and expense is from sources deemed reliable.No warranty or representation is made as to the accuracy thereof. —The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal,state or local laws. —If this appraisal is indicated as subject to satisfactory completion, repairs,or alterations,the appraiser has based his or her appraisal report and valuation conclusion on the assumption that completion of the improvements will be performed in a workmanlike manner. —An appraiser's client is the party(or parties)who engage an appraiser in a specific assignment. Any other party acquiring this report from the client does not become a party to the appraiser-client relationship.Any persons receiving this appraisal report because of disclosure requirements applicable to the appraiser's client do not become intended users of this report unless specifically identified by the client at the time of the assignment. —The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public, through advertising,public relations, news, sales,or by means of any other media, or by its inclusion in a private or public database. —An appraisal of real property is not a'home inspection'and should not be construed as such.As part of the valuation process,the appraiser performs a non-invasive visual inventory that is not intended to reveal defects or detrimental conditions that are not readily apparent. The presence of such conditions or defects could adversely affect the appraiser's opinion of value. Clients with concerns about such potential negative factors are encouraged to engage the appropriate type of expert to investigate. APPRAISER Appraiser Name: Roosevelt Leonard Company: Collier County Real Property Phone: 239-252-2621: E-Mail: rooseveltleonard @colliergov.net Date Report Signed: 1/9/2015 License or Certification#: RD3287 State: FL Designation: RW/AC PREPARED FOR AND PROPERTY OF Expiration Date of License 11/30/2016 COLLIER COUNTY BOARD OF COMMISSIONERS Inspection of Subject: 1/6/2015 RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page-882-