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Agenda 10/28/2014 Item #16D1010/28/2014 16.D.10. EXECUTIVE SUMMARY Recommendation to appropriate $36,000 from Museum Reserves to purchase and improve Vacant Lot #8374156004 in Everglades City, accept donation of $30,000 from the Friends of the Museum of the Everglades towards acquistion of the property, approve all transaction documents, and neccesary budget amendments. OBJECTIVE: To increase visitor parking space at the Museum of the Everglades in Everglades City. CONSIDERATIONS: The Friends of the Museum of the Everglades, a not - for -profit organization formed to support the development of the County Museum in Everglades City, has been offered an opportunity to acquire a paved parking lot immediately adjacent the Museum property. The area under consideration consists of .19 acre of land and measures 75 feet by 115 feet. The land is recorded as Parcel #83741560004, Block 27 Lot 2, and is owned by William D. Williams III. The property is being offered through Glades Realty and is a choice location, situated immediately west of the City's traffic circle. Visitor parking at the Museum of the Everglades is currently limited to only nine passenger vehicles, cannot accommodate vans or larger vehicles, and is difficult to access due to the close proximity of the Museum building and handicapped ramp. Visitor parking often overflows onto the lawn and grassed medians along Broadway and Storter Avenue and is a recurring safety concern and eyesore for the City of Everglades. Acquisition of this property would add 28 additional parking spaces for Museum visitors, relieve a potential traffic hazard, and provide a separate, more convenient and safer visitor access to the Museum. The property would also be useful as a staging area for Museum and after -hours community events, such as the bicycle safety class held annually by the Sheriffs Office. The Friends of the Museum of the Everglades feel that this is a unique opportunity to upgrade and improve the Museum and are offering a cash donation of $30,000 to the County towards the purchase of this property. The Friends would retain no ownership or rights to the property. (Attachment #1) Collier County's in -house Real Estate Appraiser prepared a Vacant Land Appraisal Report (Attachment #2) on October 6, 2014 and determined a fair market valuation for the subject property of $60,000. The County's Road & Bridge Department inspected the property on October 15, 2014 and estimated that needed repairs and resurfacing of the parking area would cost $5,000. FISCAL IMPACT: The total cost of acquiring and repairing the parking surface of the subject property is $66,000. This includes $60,000 for the land purchase, $1,000 for title commitment, title policy, recording fees and associated closing costs and $5,000 for repairs and resurfacing of the parking surface. Funding will be provided through a $30,000 donation from Friends of the Museum of the Everglades and $36,000 from Museum Fund (198) reserves. The donation, after being accepted, will be appropriated by budget amendment into Museum Fund (198). A budget amendment reducing reserves in Fund (198) will also be required. The combined budget created for acquisition and resurfacing will be $66,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. An accompanying Standard Form Purchase Agreement was prepared for this agenda item, however, we have been advised that one of the owners of record passed away a number of years ago, which will require a revised agreement to reflect the current ownership. The ownership issue should be resolved upon receipt Packet Page -1682- 10/28/2014 16.D.10. of a satisfactory title report, which will be ordered should this item be approved. With that proviso, this item is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board approves the purchase of Vacant Lot 483741560004, authorize the Chairman to execute the County Attorney's Office approved standard Purchase Agreement and all other transaction documents related to this purchase, accept the Warranty Deed, authorize staff to prepare related vouchers and Warrants for payment, direct the County Manager or his designee to proceed to acquire the vacant lot, to follow all appropriate closing procedures, and to record the Warranty Deed, and any and all necessary documents to obtain clear title to the property, in the Public Records of Collier County, Florida, appropriate $36,000 from Museum Reserves to purchase and improve Vacant Lot 483741560004 in Everglades City for additional Museum visitor parking, accept a donation of $30,000 to Collier County from the Friends of the Museum of the Everglades towards the acquisition of the property, and approve necessary budget amendments. Prepared by: Ron Jamro, Museum Director Packet Page -1683- 10/28/2014 16.D.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.10. Item Summary: Recommendation to appropriate $36,000 from Museum Reserves to purchase and improve Vacant Lot #8374156004 in Everglades City, accept donation of $30,000 from the Friends of the Museum of the Everglades towards acquisition of the property, approve all transaction documents, and approve the attached budget amendments. Meeting Date: 10/28/2014 Prepared By Name: AlonsoHailey Title: Operations Analyst, Public Services Division 10/16/2014 11:09:53 AM Approved By Name: JamroRon Title: Director - Museum, Museum Date: 10/16/2014 2:26:00 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 10/17/2014 2:33:43 PM Name: MottToni Title: Manager - Property Acquisition & Const M, Facilities Management Date: 10/19/2014 7:40:00 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 10/21/2014 1:54:07 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/21/2014 3:14:57 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Packet Page -1684- Date: 10/21/2014 5:50:40 PM 10/28/2014 16.D.10. Name: OchsLeo Title: County Manager, County Managers Office Date: 10/22/2014 9:44:44 AM Packet Page -1685- 10/28/2014 16. D.10. VACANT LAND APPRAISAL REPORT EVERGLADES CITY, FL 34139 Packet Page -1686- twu-sz�� Vacant Lot (83741560004) No Site Address Everglades City, FL 10/28/2014 16.D.10. I have completed the vacant land appraisal report for the purpose of determining the fair market value of the 0.19 acre Village Commercial property located in Everglades City, FL 34139 This report has been prepared for our client Collier County Museum / BCC. The intended use and intended users are discussed within the appraisal report. The scope of work performed is specific to the needs of the intended user and the intended use. No other user is intended, and the scope of this appraisal report may not be appropriate for other uses. The scope of work performed included a complete analysis of the Subject Property with the sales approach to value included. After the review of the market data of the subject property and based on subsequent research and analysis of pertinent market data, it is my opinion the fair market valuation for the subject property as of October 6, 2014, is: $60,000 dollars. Roosevelt Leonard Certified Real Estate Appraiser Packet Page -1687- 10/28/2014 16.D.10. Folio Number. 83741560004 Name: WILLIAMS 111, WILLIAM D Street# & Name: NO SITE ADDRESS Legal Description: EVERGLADES REPLAT OF BLKS 4,5, 10;27,28,32, LOTS 1 -7 & 14 IN BLK 31 & BLK 9 EXCEPT LOT 1, TOWN OF, BLK 27 LOT 2 ZONING...... Village Commercial LOT SIZE..... 8,625sf / 0.19ac LOT AREA... 75'X 115' FLOOD ZONE AE ADDRESS....No site address Packet Page -1688- 10/28/2014 16.D.10. —7SUBJECT PROPERTY SHORT FORM REPORT COMPARABLE N0.2 COMPARABLE NO. 3 VACANT LAND APPRAISAL Folio No. 83741560004 - Property Address No SITE ADDRESS Proximity to Subject TX ID 64090650703 Ut~ntr Name WILLIAM D WILLIAMS III Sales Price Addresses PO BOX 415 589.000 Cih' EVERGLADF.SCITI' state JFL zip 34139 Unit Price S8.07SF Legal SHORT LEGAL SEC I l TWP 53 RN 29 EVERGLADES REPLAT. BLK 27 LOT 2 Data Source PROPERTY APPR REC Property Appraiser Sales Data See tiion 11 Township 53 Range 29 Acres Square Feet Stn P tin. 0.19AC BA25 +r-$ Adjustment DESCRIPTION + /'$ Ad ustment TITE. 1!st Code VACANT LARD porting lots. MIR pants + filill age Arta Millage —7SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE N0.2 COMPARABLE NO. 3 NO SITE ADDRESS NO SITE ADDRESS 506 E SCHOOL DR 305 STORTER AVE S Proximity to Subject TX ID 64090650703 TX ID 83493280001 TX ID 83497880009 Sales Price 5225,000 589.000 560,000 Unit Price S8.07SF S7.29SF $4.QO00 Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Saks Data Property Appraiser Sales Data Date of Sale & Time Adjustment DESCRIPTION +r-$ Adjustment DESCRIPTION + /'$ Ad ustment DESCRIPTION + / -$ Adjustment 12100/2013 PLUS 910012014 -LIST PLUS 8/00!2014 $0 Location EVERGLADES CITY VERGLADES C $0 VERGLADES C $0 VERGLADES C $0 LOT UTILITY VC ZONING SIMILAR so SIMILAR $0 RESIDENTIAL PLUS SIZE /PARENT TRACT 6,625SF / 0.19AC 27,878SFM.64AC MINUS 12,197SF/0.26AC MINUS 15,246SF/0.35ACI MINUS ROAD FRONTAGE VACANT LAND VACANT LAND 50 VACANT LAND $0 VACANT LAND SO ACCESS ACCESS ACCESS $0 ACCESS $0 ACCESS $0 CLEARED /TREED CLEARED CLEARED $0 CLEARED $0 CLEARED $0 Sales or Financing Concessions LISTIE11FOR SA LE CLOSED SALE LISTING CLOSED SALE Net Adj. (Total) �i6:9aSF Less than Similar to More than Indicated Value of Subject $8.07s# $7.29sf $4.00sf Comments on Market Data: Considering the current Real Estate closed sales data, the comparable most similar to the subject property is comparable number 2, if the comparble property were to close at a 5% reduction which appears to be reasonable therefore the closed sale price would ben the range of $6.93sf to $6.96sf (7.29sf minus 5%) ' The subject property listing of 56.95sf appears to be resonable. The broker provided the zoning data:if any additional information is disclosed indicating the subject property zoning is other than VC zoning, then the estimated value may be affected. Comments and Conditions of raisal: 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 the sales approach is considered most reliable. The appraiser's decisions and scope of work are relevant to any characteristics applicable to extraordinary assumptions or hypothetical conditions. The three approaches to value are considered, however, only the sales approach applies to the appraisal scope of the assignment. 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. Mathematically. 8,625x S6.95sfis $60,000 dollars ',_ Appraiser: . 10/6/2014 Roosevelt Leonard Land Appraisal Report, Appraisal Form 02 Rev. 4/19/06 Packet Page -1689- i 10/28/2014 16.D.10. e ll�y i x 'R %sir . ate° woae { > LOT 3 1 is „. eo. q v O' .. .. 1... STATIC or Foltioa] . COUNTY OF' COILIMJ l d .Dennis M ]?ortella; Sr a Regisgt.ere8 ind.Surveyor::l;n the:5i:ate'.'of Florida, h 'ek>y ' r,.erti.fp. to its s sor and ass:i:gtas, 'NII•DSpJ;5 "T11ZE GUPAW= C6*M OF FLOKiIIA.'atd -'.' o t�F,L7�SM'DO[JNTON WI TrT tbbt the. regoing plat represents a.L-rOe and co. -t survey of the f6l3ow -mr g clescrabed pYef WT 2, BL= .27., REPLAT OF BLOCKS-4,5,10 -27, 28, 32 6 LOTS 1 to 7 inc:, .6 '14 Fs1.CCK 31; .I6 K 5 EXCEFT LM 1., of the 7tW%4 of � S as recorded in Plat-Book 3 Page_. 73 Public �Remr-ds, Collier. County, Flor�$ia., that the survey depidtted•:hereon was. made v. ee my direction .arid meets :the Minimum TT�i tnical, Standards as. per Chapter. 21HH6 F .'A:C_ .To the best bf my knotaledge there are no encro cli- ments other than shown., no ]oundarx, line disputes, easements or caairts of easements-`No title search has been made by 'the'`surveyor. Bearings. conform to Plat Book .3, Page 73'? Blevations are N G V D rvtt� -h �F*�im ::�1�1 A G S BM *S0:- Street address is 102 S� 1a1 and Brodwap, EveYgl °ades City:, .FL Property 1.6 in Flood. zoo AF - lr `100 -year f.l ood elevat inA t� -: U BOMDARY .SQR�EY'� PREPA FOR , d PC11Z C+A- [2G7G1C ASSOc-TATES" LE .TtF BOX 10065 N]iPLES, FL ;33941 Dennis, M. Portel la, Sr. Reg. No. 4504 •SCALE': 1 "= 20^ DATE: MARCH 11:; ;:P9B9 Packet Page -1690- 4- 9 16 OLDE ?"CYPRESS 21 PFIESS - te_ CIA Tv. Si 110fWU ST. OWA C', AE?iw ST faTM L7 SE E.1 BOOKER *0v ORK, Aftluo'ANDA 82 RONERMAV F� Roam 10/28/2014 16.D.10. EVERGLADES ti If APPARK STR EET INDEX 6 ALLENAVR* . .. ...... ... AZ I AZALEAST BEG"" ST tLI OROADow ... ovemno CAMELLIA St CARDINAL CT:: CHOKOLOSKIE DR F C4 CwK&_wEE im . ........... . VA- IN COLUEN W. .::: ' AZC4 COONCT..... � : ......... � , . .$I PAflK COPELARON __ .. tkW,#—ILA5RrL E2 _AK VR INCO00L. Duto6aR ....... ........... c.3 CROINAV......... .. .. O"Im ST.... _ . .. ... ... .... P%UHUWYW7ML_4TFUk&ER PARK Of."Ift EGRET f K 103TO.I._ . RAhVNGO OR E . ..... ALZ -J FLANISIGOORIN. :,A'2' FUCKER LA ... :' 2_2 - -- FRESS1457'.. 6.1 GARDENA ST 25' 50' r�_ 11 WAAWRILT D" POINTS OF INTEREST C, 14AWLIM 0.4 WAS SVISTU UR WRKLA &2 "IsismSt': ................ ..... ., &1 F, WAMMUR_ ...... rE's INOWN LA am" 67 - . ... - ...... . ..... SJ 3 JASIAW ST. .. ....... KUMQUAT ST 1-1 ""MT NOR"", REACH LAXTANA ST LOPULA C. C-1 MytOLLOWYGOLF"Uh.... ...... 14 LOMSAN LOPEZILAS., ........ ... w mum. " "I WANE ST .... ...... " 0SPIETCT ............................ 0.2 F4 WEST", �: a �: VMS". ...... lo WEST LA :,_�: . ... ... SORT *Afpp PLANTAR LAICKUK)" PILOT 2 OR F41 WITIRROOK OR, C-5 lOIwAbmCOI0fTlnCLUv ....................... 04 Cl WESTERN LA I SORKA FAAWIVS ux, COURSE 5141LLV00001 DR .... ...... 30ow ALLET WETSORK" Ca SPOONOLLN STORES LA. 111110POASULLA 10"ISSEYPOSIM F-1 DOINIASPROOSISCIURAISFACIFCCORIERCE.. C4 WISTASNOWACT"HALL. TOWKSEROSA C-4 25 30 WORLE'ST .''. C4 EA IMM& ES . , , �::: �:: : '� : � �. El POINTS OF INTEREST EVERGLADES OWE NEW" TRAILER PARR_ .....6A wwwfuWAORBSUR, " BOURA 040M GOLF & CCAMMY CLUE, FF'41 EVFrIGLAMARPORT ... ..... .. A -2 ti 10 EVERGLA_ CITY 341-39 15 - CENIETER A GotnP 3 ANA 4' ST aD EVERGLADES s RANGER STATION/ 22 N 410 ; EVERGLADES CITY/ CHOKOLOSKEE and Vicinity 0 a UniversaIMAP- 13 1 18 2 EVERGLADES 'a OR DR La- PLANTATMIN I NATIONAL ISLAND 24 vcfwc _,HS56�ml AZC4 LIBRARY PAflK 13 1 18 2 EVERGLADES 'a OR DR La- PLANTATMIN I NATIONAL ISLAND 24 vcfwc _,HS56�ml AZC4 PAflK tkW,#—ILA5RrL E2 _AK VR INCO00L. Duto6aR ....... ........... c.3 P%UHUWYW7ML_4TFUk&ER PARK f K 103TO.I._ . -J RAWAR STATION ...... :,A'2' - - - - - --- - - - - -- 25' 50' r�_ 11 WAAWRILT D" POINTS OF INTEREST 0.4 WAS SVISTU UR F, WAMMUR_ ...... rE's INOWN LA An"MowowmaSE .... AUDIXFOUCOUNMCM 3 "WOWELD 1-1 ""MT NOR"", REACH ....,7 -f WEBaN..� ..... C-1 MytOLLOWYGOLF"Uh.... ...... 14 mum. " "I F4 WEST", �: a �: :I " SMEY"LLAGE F U&L :171 lo WEST LA :,_�: . ... ... SORT *Afpp F41 WITIRROOK OR, C-5 lOIwAbmCOI0fTlnCLUv ....................... 04 Cl WESTERN LA I SORKA FAAWIVS ux, COURSE E., WETSORK" Ca E4 NON"Wo"ALCE"Wa 111110POASULLA 10"ISSEYPOSIM F-1 DOINIASPROOSISCIURAISFACIFCCORIERCE.. C4 WISTASNOWACT"HALL. 25 30 E4 ("I tv EA IMM& ES . , , �::: �:: : '� : � �. El EVERGLADES wwwfuWAORBSUR, " BOURA 040M GOLF & CCAMMY CLUE, FF'41 e, q* 0, OUTDOOR WROSPERIAXII) CT 14 ROWTA $PRRKS 08 1 4 ": j. �: . � - NATIONAL PARK Chukologke�- ::. FIESURT5 - INOTEHOUSELA.' [4 BONITA SPIVIROS ARM ... ........ .. .. ...... : F-3 a 64 wwrE sum PL.: E•5 OWASPROMPLAU. _ ......... . ............. E-5 El "O"" "OR - 47 CARS L JOHN" COUMry PARK.... .. ..... � _A-1 34138 36' VOISTIONLA CVFMR OF VOOTA ISPIUWULS ......... .......... .. ....... .. : 0.5 .. .1. MARK X-3 I �.2 0_7 CASAKSM "M . ...... ....... ............. 0., TEN ON . CYPRIESSWCOOSCOLFACOUNTIO'CLUS 04 LA OELNOR40061411 STATE FECREAMMARE FA PARKWAY All RK A TRAILER " E4 11 VIONM "Ofill &5 .FJ 4 THOUSAND Es w =00PODLA FIRE FTATA)k ...... ... .. .............. ........ �04 GREY0OUKoCOURUACEvAnA___ 0.2 0.1 CFMOL F4 .J4 GULF COAST CAVPOROUKU. ...... BLUE' I .... WILD PEPS -.0" CL"..­ K4 ISLANDS HERON .=04, ECT 3 IlUOLFICCOIRMCLU. t.3 TRAILS REL.TAU.,._ . �l F•1 MUMMIES r JMGWCVUUE HA PARK C"S VRURVOOI) LAKE CIR., w 111101116L GOLF COURSE COLLIER co F, LA PLAYA COURTA CLUB. �3 LAURELOAKES . .. ...... 94 - - - - - - - - - - - -- - -- - -- - -- - - - - - MONROE `' COUNTY MuLIE a LA..: C-1 LAVAWTU PLAZA. ....... ..... .............. .. -J Wtuwuwvrv. WILLDUCOWN " Uway...._ .................... . ... ..... LWMTOMMOADCOUNM CUM , .. B WALOWNBTUR61T ..... G4 MAMA CHRAFFIAlf 1401"IM RESONT WADffe=AGMF COURSE ............................ F4 .......... ....... .. J-4 SAPUIS "I"Ookow. GARDERS.. ...... ....... D. 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'2 Packet Page -1691- - DAMOLVOL-L.", T`SUnFL­­- 10/28/2014 16.D.10. 01111 ► Packet Page -1692- -- 10/28/2014 16.D.10. m GL"ES RFALTY Phone 239- 695 -4299 y www.Gla iesBea com Pon 289- 695 -SM e-mail GladesRealtMaoi.e m LETTER OF INTENT TO SELL REAL ESTATE 9/17/2014 Friends of the Museum of the Everglades, Inc Po Box 677 Everglades City, FL 34139 RE: EVERGLADES, TOWN OF, BLK 27 LOT 2 Dear: Friends of the Museum of the Everglades, Inc The purpose of this letter is to set forth some of the basic terms and conditions of the proposed sale by the undersigned (the "Broker for Principle Seller'l of certain real estate owned the "Seller". The terms set forth in this Letter will not become binding until a more detailed Purchase Agreement is negotiated and signed by the parties as contemplated below by the section of this Letter entitled "Non- Binding." LPROPERTY ADDRESS: The property proposed to be sold is located at:, EVERGLADES. TOWN OR BLK 27 LOT 2 (Parcel number identification 83741560004) Legally described as: Everglades Replat Of Blks 4, 5, 10, 27, 28, 32, Lots 1 -7 & 14 In Blk 31 & Blk 9 Except Lot 1, Town of, Blk, 27 Lot 2 Collier County, Florida 2. PRICE: The proposed purchase price is $ 60,000.00, of which $30,000.00 would be deposited in Escrow upon acceptance of a binding Purchase Agreement. Buyer would pay the balance to Seller at closing. 3. POSSESSION: Possession would be given on 31 days after acceptance or sooner by mutual agreement. Settlement would be made at the closing immediately prior to possession. 4. CLOSING COSTS: Traditional distribution of closing costs. 5. STANDARD PROVISIONS: The Purchase Agreement will include the standard provisions that are customary to the locality and/or that are required by law. 6. TITLE COMPANY / CLOSING ATTORNEY: shall be in position to issue a policy of title insurance to Buyer in the full amount of the Purchase Price showing good and marketable title vested in Buyer subject only to such exceptions to title as havc.been approved by Buyer. 7. ADDITIONAL PROVISIONS: Packet Page -1693- la 10/28/2014 16.D.10. Phone 889- 695 -96899 Fax =9- 6W-8"9 e-mail G1adesRea117Qao1.cosn 8. NON - BINDING: This letter of Intent does not and is not intended to contractually bind the parties, and is only an expression of the basic conditions to be incorporated into a binding Purchasing Agreement. This Letter does not require either party to Agreement. The parties shall not be contractually bound unless and until they enter into a formal, written Purchase Agreement, which must be in form and content satisfactory to each party and to each party's legal counsel, in their sole discretion. Neither parry may rely on this Letter as creating any legal obligation of any kind. If you would like to discuss a sale of Real Estate with the undersigned on these general terms, please sign and return a copy of this Letter of Intent to the undersigned at your earliest convenience. Very truly Cochran Broker / Owner Glades'Realty The above Letter reflects our mutual understanding and sets forth the basis for proceedings to negotiate a Purchase Agreement as outlined above. BROKER: Glades Realty 207 West Broadway Ave. PO Box 599 Everglades City, FL 34139 Phone: 239 -695 -4299 Fax: 239 -695 -3849 Email: Kanen@GladesRealty. con S' \ � (I 2oL� William D. Williams III &Dat;e;4�� Attachment "A" Survey Attachment "B" Vacant Land Sales Contract vaCKetvage -lby4- 10/28/2014 16.D.10. �'•1��iDIG�yA��'t��ry:' YfLLAGE' II. 45 Adopted January 2, 2001 Ordinance No. 2000 -05 Packet Page -1695- v v �J. SALE' • r �IOCCItS' 'MY " sotiRCE;; atY of .. E!( RGC DES- CfTx;i+tJSItMNG AND., .aN1NG Gol+?MarEE. PREP,ABED.9;5' DLLiER;' POUF} TY.:GK0Wifi:'PLANMNG:DERARTMENT :9-14 4 ftIMM40- --44-42 �'•1��iDIG�yA��'t��ry:' YfLLAGE' II. 45 Adopted January 2, 2001 Ordinance No. 2000 -05 Packet Page -1695- v v 10/28/2014 16.D.10. 2.0-2-.07 FIC - >rrtage- CommercialDistrict A. Uses and Structures _.,. Igo• building or structure-, or part the nof, shall• be erected, or- altered, whicir does, not comply with the.City's existing Flood Ordinance, and the adopted Building Code, or used, land or water used, in whole or irr part for other -than the followine: , 1. Permitted Principal Uses and Structures: a. Antique shops; appliartcc stores, art galleries and studios;. art. supply shops; automobile part stores; and awning shops. V. Bakery shops, banks and- financial institutions; barber and- beauty shops; bath supply stores; bicycle sales and services; blue print shops; boat slips or dock space and• retail sales of fuel, bait- and fishing equipment (See Section 2'.03.03 for special- criteria); book- binders; book stores; building supplies; and business machine services. c Carpet and $oorcovering- sales, which may - include storage and- installation; child care centers; civic and cultural facilities; clothing stores; cocktail laanges; corranercial- recreational- uses; indoor, commercial- schools; and confectionery; candy stores and convenience stores. d. Delicatessens, departmerlt stores, drug; stores; dry- cleaning shops; dry goods stores; and drapery shops. a Electrical- supply - stores. f. Florist shops; fraternal and social clubs; funeral homes, furniture stores; and food markets. g: Garden• supply stores; gift shops, glass and- mirror sales; which may include storage and installation; and gourmet shops. h. Hardware-stores, he-At 7r food• stores; health spas and hobby supply stores. L Ice cream stores. j: Jewelry stores. k- Laboratories - frh -4 research and testing; laundries; leather goods; liquor stores and locksmith. 1. Markets - food, sagr and medicat clinics; motion- picture theaters; museums and music stores. m. Offices; office supply - stores. n. Paint and wallpaper 'stores; pet shops; pet supply shops; photographic equipment and. processing• stores,- post Offices; pottery stores; printing; publishing and mimeographic service; private clubs; produce markets. Packet Page -1696- 10/28/2014 16.D.10. 2.02.07 VC Con 't o. Radio and television sales; and• services record stores; research and design labs; rest homes; restaurants, not including drive -ins. pl. Shoe repair; shoe stores, shoppinz centers arc& strip stores; souvenir stores; stationery stores; and supermarkets. q. Tailor shops, taiadcrrrrists, theaters; tile sales, ceramic tile; tobacco shops; toy shops and tropical fish stores. r. Upholsteryshops. S. 'Variety stores; vehicle - rental, automobile only; and video shops. t. Watch and precision instrument repair shops. u. Combined- uses and- any commercial use or professional- service which is comparable in nature with the foregoing uses and which the Planning and Zoning - Committee deternrines to, be- compatible in the District. 2. Permitted Accessory Uses and Structures: a. Accessory, uses and structures; inc}uding private- garages- and storage facilities. b. Caretaker's residence: Arry-operatorof any commercial- facility may live on the premises in a facility designed for. that purpose. The facility must meet the City's existing Flood- Ordarance• and the adopted- Bailding and Fire Codes. Under no circumstances shall the living facility be used by or rented- to- any other pdnon. c. Boat launching facilities and multiple docking areas. 3. Prohibited- Uses and Stractr3res: Any- trse 'or structure not specifically, by reasonable implication, permitted herein. R. Development Standards L Minimum Lot Area: 10,000 square feet. 2. Minimum•L• of VFidth: 75- square feet. 3. Minimum Yard Requirements: a- Front Yard Setbacks _ IQ feet. b. Side Yard Setbacks - 10 feet. c. Rear Yard Setbacks -15 feet. 4. Maximum Height of Structures: 3 stories or 35 feet, whichever is greater. 5. Minimum Floor Are =. Single stores 1,000• square feet; Strip store 300 square feet. Packet Page -1697- 10/28/2014 16.D.10. whether or not the developer will actually assign spaces fix the exclusive use of a specific unit. Required spaces should be }dcated no further than the following distances from the units they serve: a. Resident parking. 200r feet; and b. . Visitor parking. 250 feet. r 3. All parking spaces for the handicapped shall be located as specified by §316.1955, F.S. B. Size 1. Standard and compact parking spaces shall be sized according to Figure 6.03.05 A ! 2. Parallel parking spaces shall be a minmmnn, of 8 feet wide and 22 feet long If a Parallel space abuts no more than 1 other parallel space, and adequate access room is available, then the length may be reduced to'20 feet. 3. Motorcycle parking spaces shall be 4% feet wide and 9'/ feet long. . 4. ; Spaces fvr handicapped parking shall be the size specified in §316.1955, F.S. 5- ie,siansard loading -space shallTxvvide vertical -clearance of and provide adequate area for maneuvering, ingress= and egress. The length of one or more of the loading spaces may be increased up to 55 feet if full- length tractor - trailers must be accommodated. Although developers may install spaces that are larger than the standard, the number of spaces required may not be reduced on that account only. Li e $ VL 16 C-0 = Lo 7 Iq S-D-�,t'C Ad011edhMMY2,2001 Ordinance No. 2000-05 r Ql� 1 racKei rage - Ibyzs- Client: Subject Property: Client File #: Appraisal File #. 10/28/2014 16.D.10. This appraisal is subject to the following assumptions and limiting conditions: ■ This report is prepared using forms developed and copyrighted by the Appraisal Institute. However, the content, analyses, and opinions set forth in this report are the sole product of the appraiser. The Appraisal Institute is not liable for any of the content, analyses, or opinions set forth herein. ■ No responsibility is assumed for matters legal in character or nature. No opinion is rendered as to title, which is assumed to be good and marketable. All existing liens, encumbrances, and assessments have been disregarded, unless otherwise noted, and the property is appraised as though free and clear, having responsible ownership and competent management ■ 1 have examined the property described herein exclusively for the purposes of identification and description of the real property. The objective of our data collection is to develop an opinion of the highest and best use of the subject property and make meaningful comparisons in the valuation of the property. The appraiser's observations and reporting of the subject improvements are for the appraisal process and valuation purposes only and should not be considered as a warranty of any component of the property. This appraisal assumes (unless otherwise specifically stated) that the subject is structurally sound and all components are in working condition. ■ I will not be required to give testimony or appear in court because of having made an appraisal of the property in question, unless specific arrangements to do so have been made in advance, or as otherwise required by law. ■ 1 have noted in this appraisal report any significant adverse conditions (such as needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) discovered during the data collection process in performing the appraisal. Unless otherwise stated in this appraisal report, I have no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and have assumed that there are no such conditions and make no guarantees or warranties, express or implied. I 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 I am not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable public and /or private sources that I believe to be true and correct. • I will not disclose the contents of this appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and /or applicable federal, state or local laws. • The Client is the party or parties who engage an appraiser (by employment contract) in a specific assignment A party receiving a copy of this report from the client does not, as a consequence, become a party to the appraiser- client relationship. Any person who receives a copy of this appraisal report as a consequence of disclosure requirements that apply to an appraiser's client, does not become an intended user of this report unless the client specifically identified them 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 other media. ■ If this valuation conclusion is subject to satisfactory completion, repairs, or alterations, it is assumed that the improvements will be completed competently and without significant deviation. 0 Market Value Definition ❑ Attemate Value Definition . -� -•- MARKET VALUE is defined as 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 is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: , I. 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. Source: The Dictionary of Real Estate Appraisal, 5th ed., Appraisal Institute Packet Page -1699- 10/28/2014 16.D.10. Client Client File #: Subject Property: Apps" Rle # I certify that to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analysis, opinions, and conclusions are limited only by the report assumptions and limiting conditions, and are my personal, unbiased professional analysis, opinions, and conclusions. • I have no present (unless specified below) or prospective interest in the property that is the subject of this report, and I have no (unless specified below) personal interest with respect to the parties involved. • I have no bias with respect to any 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 analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • Individuals who have provided significant real property appraisal assistance are named below. The specific tasks performed by those named are outlined in the Scope of Work section of this report. (None 0 Name(s) As previously identified in the Scope of Work section of this report, the signer(s) of this report certify to the inspection of the property that is the subject of this report as follows: Property Inspected by Appraiser 0 Yes 214o Property Inspected by Co- Appraiser 0 Yes 0 No • Services provided, 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: 0 None 0 Specify services provided: APPRAISER: L ��P GO-APPRAISER: Signature Signature Name Report Date c /6 //,¢, Trainee 0 Licensed 0 Certified Residential 0 Certified General 0 License # %2 3 _-5f State 1 z Expiration Date ? 163 v / (cl Name Report Date Trainee 0 Licensed 0 Certified Residential 0 Certified General 0 License # Expiration Date Packet Page -1700- State 10/28/2014 16. D.10. Friends of the Museum of the Everglades Post Office Box 677 Everglades City, FL, 34139 PROPOSAL TO PURCHASE PARKING LOT ADJACENT TO THE MUSEUM OF THE EVERGLADES 'The parking lot next to the Museum of the Everglades is for sale. The owner of Susie's Station, which adjoins this lot, has separated this parcel out from the sale of the restaurant. The Friends of the Museum of the Everglades feel this is a wonderful opportunity to purchase this property and increase our present parking capacity. The Museum of the Everglades presently has 8 parking spaces and 1 handicap space. This additional parking lot would add another 24 to 28 parking spaces. We have received a Letter of Intent to Sell Real Estate from the Seller. The proposed purchase price is $60,000. The Friends of the Museum of the Everglades are able to contribute $30,000 toward the purchase of this property. We are asking Collier County to assume the rest of the costs including closing costs and any upgrades necessary to the property. We feel if this parcel isn't purchased now we will lose any opportunity to acquire this property in the future. Once Susie's Station is sold the new owner will no doubt want the additional parking spaces. Time is of the essence. There are many uses for this property besides Museum parking. It would give the community and other Collier County entities a wonderful place to hold events. The Friends of the Museum of the Everglades hold festivals, have receptions and luncheons throughout the year. What a benefit to have this additional area for those types of public gatherings. The Sheriff's Department holds bicycle safety events and other types of public safety sessions. Our Museum is interacting with the local schools and the historical society to expand the services we offer. We feel this addition to our Museum will have a benericial impact on all of Collier County for many years to come. All ownership and rights to this property will of course be Collier County's. Respectfully, Friends of the Museum of the Everglades Packet Page -1701- 10/28/2014 16.D.10. Project: Everglades City Museum Lot Folio: 83741560004 STANDARD FORM AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WILLIAM D. WILLIAMS, III and SUSAN A. OLSEN, whose mailing address is P.O. Box 415, Everglades City, FL 34139 hereinafter collectively referred to as ("Seller), and Collier County, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WITN ES SETH: 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: 1. 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 'W'. 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Sixty Thousand Dollars ($60,000)(U.S. Currency) payable at time of closing. Ill. 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 Closing shall be held at the Collier County Attorney's Office, Administration Packet Page -1702- 10/28/2014 16.D.10. 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. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment M Packet Page -1703- 10/28/2014 16.D.10. 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 fifteen (15) 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 -1704- 10/28/2014 16.D.10. 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 thirty (30) 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. Vll. 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. Vlll. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing Packet Page -1705- 10/28/2014 16.D.10. IX. PRORATIO'NS' 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 2014 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 if Seiler 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. X1. 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. Packet Page -1706- 10/28/2014 16.D.10. 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 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. Packet Page -1707- 10/28/2014 16.D.10. 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 Sellers 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 Packet Page -1708- 10/28/2014 16.D.10. 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 Department 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: William D. Williams and Susan A. Olsen P.O. Box 415 Everglades City, FL 34139 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, 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. Packet Page -1709- 10/28/2014 16.D.10. 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. 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. Packet Page -1710- 10/28/2014 16.D.10. 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 ProjectiAcquisition Approved by BCC: AS TO PURCHASER: ii ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Jeffrey A. I Kla`fzk©w, County Attorney to Packet Page -1711- AS TO SELLER. DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) (Signature) (Printed Name) (Signature) (Printed Name) BY: WILLIAM D. WILLIAMS, III BY: SUSAN A. OLSEN 11 Packet Page -1712- 10/28/2014 16.D.10. 10/28/2014 16.D.10. Lot 2, Block 27, Replat of Blocks 4, 5, 10, 27, 28, 32 and Lots 1 to 7, inclusive, and 14, Block 31 and Block 9, Except Lot 1, of the TOWN OF EVERGLADES, per plat in Plat Book 3, at Page 73, of the Public Records of Collier County, Florida. 12 Packet Page -1713- W, a 10/28/2014 16.D.10. O i 8 9 81 I 94 APR 14 AN 8: 07 _ COLLIER CWWTY ROWED .. COLLIER rnTINTY. FLORIDA ' 1N l'tLL Gan%uas �.vuai, .., 121 RE. ESTATE OF PROBATE DIVISION SUSAN ANN OLSEN File Number 94- 340- CP -02 -T6 Division Deceased. 1 Y Bond Received L}; I MRS OF ADIN4NISTRATION (multiple personal representatives) y- 7- VY 'IC) ALI, WHOM IT MAY rONrERN O WHEREAS - Susan Ann Olsen a rrsident of - Collier Cou2rt:y, Florida CO died on January 12 , 1994 , owning assets in the State of Florlda, and W WH Patricia Olsen, Melvin W. Olsen P.REA9: -- - -- - - - - -- - - - - - -- have been appointed personal representatives of the estate of the decedent and have performed all acts prerequisite to issuance of Letters of Administration in the estate, NOW, THEREFORE, I, the undersigned circuit judge, declare Patricia Olsen, Melvin 11. Olsonf duly qual fled under the laws of the State of Florida to act as personal representatives of the estate of p Susan Ann Olsen .� O -- - T. CD deceased. with fall power to adtrinistnr the estate eccordiag to law; to asks, demand, sue for, recover and M p-, receive the property of the decedent; to pay the debtu of the decedent ss far as the meets of the estate m dT W will permit and the Irw dutrta; and to tnalte distrib�nion of the estate a = cording to law. C, r•, O ` 10. itDF?is:D on .�_� Circuit Judge Rat Form No. P•3.0710 Floridn TAw"m Mttl+Tnrf q►rvie", Irw•. Ugrst 1192 `��tiYl•yer �. . •� <...i.• ..tai. r rr••.H4 .•� ,1r 11�td to•.t lr �+ .cvet •, f 10NIDr :,i.T t,rn�r„ tlEtst �l a: 'F•. ' - Packet Page . -.. -1714- rr••.H4 .•� ,1r 11�td to•.t lr �+ .cvet •, f 10NIDr :,i.T t,rn�r„ tlEtst �l a: STATE OF FLORIDA 10/28/2014 16.D.1 TALLAHASSEE. NOF VEW �•...� FLORIDA Otd! w 'mi NONTAXABLE CERTIFICATE AND RECEIPT 530348 FOR ESTATE TAX IT24�"02Z� �: $ TO: JOH:1 K.HARRlS• JRo xJ1 S. 31SCAY4S SLY,'). 61500 - MIAMI FL 33131 a<3 r• t� r• s�. - Re: The Estate of (iL S L N• S •JSAN A• Social Seaaity No. 099 — 50— 2 2 73 Date of oeath: 01 / 12/ 1994 Resident of Cf1LL I ER County. State of FL WMation Date: 10131/1995 r. uvW* F orock c3erk W C4-00 lil ki Dow: h"•oy car•,.ry "A V* .cY�va .�-w, to 4 !" &W o rs cot, of 11/16t1995 !"e oaeyr..t wiect, A: W ti. in toy 0261:4.9a"m� "ti�itO�es. r46W copy i:Grfea r s � ��C� WS _jW Ty 3W4 SW 30t ft � y tlj — -' s CERTVWATE NUMBER AE 62 034 t3y' �r r� +�' L1ipiW?C11q► THIS IS TO '`�� with the provisions of Chapter 19B. Florida Statutes. there has been filed with sworn report or return for estate taxes as required b law. and on the basis thereof it has been ascertained the above estate is not subject to Florida Estate Tax. The issuance of this certificate, however, shall not preclude the assessment and collection of estate taxes subsequently determined to be due the State of Florida. If proof of nonliability by the above estate for Florida Estate Tax is required by any person. this certificate may be exhibited as evidence of such nonliabiiity Given in triplicate under my hand and Seal of the State of Florida. Rein: * ** 2074245 OR: 2202 PG: 0533 * **at m 6.00 Ems 1 OWN 21COU19 it W O"ICIAL RIMM of CRUIR CM. FL 291 S BI50m BLVD MOV46 at 08:43H WIM 1. OW. CLSRC r. • r hG;k A%9C 0W 000r HARWY RiiViPi r:i Vw" nwcIMCCWW Packet Page -1715- *AIIfONOrOF REYiNVt 1!/18/1995 10/28/2014 16.D.10. gr-. 1 7243 %Mi V4 TM Cale= COMT FOR COLLIER CK)UPM, DF Its BWATE OF PRDBATS DIVZDM SUSAN ANN OL,SEN, M Ntembes _9Q_3sa r ->ti_a2 1 � Dlvbioeu TS Domain& m 9E6RZ&S39C# 1"6 jL* IS 15=43 y La (Mdtw* 4w On the Perslfioo>o� for D d ° as ptraonv pop 0101abowel mardwextauct oS�ge� .,..._ ,..: demmmd, the Camel 6ndWg rhea the sebw lugs been peapal$ meted. dat ddms of cradl0om has bom pdd w s c4 that the tam impoord l4► W of the plod& awbaw K alp. a bas been pedd, and tbat tbo penmmd eb0dd bo . k t wmfi eye b IS ADJ[1iItIED that the paeaoteel tad�es aas dbclmrpedr aced tbs smasies aoe tbs panaml = us _ *� � bnods. K agar. ste t+daaeed � lFaathot llebdldr. ° MIS ORS oa �� ,� fc. r^` �ti��rti;N�r�tlgrlr� Ch=k Judp ,�`' ,.tip '...,,,b � 2006777 OR: 2131 PG • � w is o ;. ,.ti. -. .1559 C„ h, Rom 1N NliCtii mom of CULM =M' n 5 i r e►scr 1 r te ! ciomits it 11:01M once t. MM dm .. : Li aronv�w ► ° u101°' a'°u` SIC m 6.60 + M Qow Bw Ilan N& P4LQU4 � "may RUM °oodoo" &'""1e Im Packet Page -1716- It