Agenda 05/13/2013 Item #16A 35/14/2013 16.A.3.
EXECUTIVE SUMMARY
Recommendation to approve an Easement Purchase Agreement as part of the US -41 /
Collier Boulevard Intersection Improvement project. (County Project No. 60116). Fiscal
Impact: $2,994
OBJECTIVE: To approve an agreement for the County's purchase of a Temporary
Construction Easement allowing for the reconstruction of the driveway into Falling Waters
Beach Resort, et al, in the northeast quadrant of the intersection of US -41 and Collier Boulevard.
CONSIDERATIONS: An integral part of almost any roadway improvement project is the
restoration of existing driveway connections with the new edge of pavement. As part of the US-
41 / Collier Boulevard Intersection Improvement project the driveway connection at Falling
Waters Beach Resort Condominium must be restored. The attached Easement Purchase
Agreement sets forth the terms under which said driveway restoration will be accomplished.
FISCAL IMPACT: The agreement sets forth the purchase price ($1,700) and the attorney fees
($1,250). The recording fee is $44. Source of funds are impact fees.
GROWTH MANAGEMENT IMPACT: Other than the growth management impact,
increased roadway capacity, associated with the overall capital improvement project, there is no
additional growth management impact associated with the easement purchase.
LEGAL CONSIDERATIONS: This item is legally sufficient, and requires a majority vote for
Board approval. -JW
RECOMMENDATION: That the Board approve the attached Easement Purchase Agreement;
authorize its Chairwoman to execute same on behalf of the Board; and authorize any budget
amendments necessary in connection herewith.
Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager, Growth Management
Division, Transportation Engineering, Right -of -Way Acquisition
Attachments: 1) Easement Purchase Agreement; 2) Legal Description and Sketch; 3) Location
Map and 4) Appraisal Report dated February 20, 2013
Packet Page -783-
5/14/2013 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to approve an Easement Purchase Agreement as part
of the US -41 / Collier Boulevard Intersection Improvement project. (County Project No. 60116).
Fiscal Impact: $2,994
Meeting Date: 5/14/2013
Prepared By
Name: StephensonSonja
Title: Property Acquisition Specialist,Transportation Eng
3/18/2013 3:28:28 PM
Submitted by
Title: Property Acquisition Specialist,Transportation Eng
Name: StephensonSonja
3/18/2013 3:28:30 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 4/11/2013 7:07:58 AM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 4/11/2013 1:16:22 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 4/12/2013 10:22:52 AM
Name: MessamMarlene
Title: Project Manager, Senior,Transportation Engineering
Date: 4/16/2013 4:25:29 PM
Packet Page -794-
5/14/2013 16.A.3.
Name: GossardTravis
Title: Superintedent - Roads & Bridges,Transportation Eng
Date: 4/17/2013 11:13:51 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/17/2013 2:46:56 PM
Name: ShueGene
Date: 4/17/2013 5:51:20 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 4/18/2013 12:49:51 PM
Name: KearnsAllison
Date: 4/18/2013 1:59:38 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2013 8:24:02 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/24/2013 8:40:32 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/24/2013 2:57:21 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 3:36:40 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Offlce of Manage
Date: 5/2/2013 2:37:55 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:58:50 PM
Packet Page -785-
5/14/2013 16.A.3.
PROJECT: US -41 Coilic- Boulevard lnterse;.tion Improvements (60116)
PARCEL No(s): 122TCE
FOL)O No(s): 00726722701
EASEMENT PURCHASE AGPEEM'_:NT
THIS EASEMENT AGREEMENT (hereinafter referred 'o as the "Agreement ") is
made and entered into on this day of . 20 , by and between
FALLING WATERS BEACH RESORT MASTER ASSOCIATION, INC., a corporation
existing under the laws of the State of Florida, whose mailing address is c/o The Compass
Management Group, 3701 Tamiami Trail North, Naples, Florida 34103 (hereinafter
referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County ").
WHEREAS, County requires a Temporary Non - Exclusive Construction Easement
over, under, noon and across the lands described in Exhibit "A" (hereinafter referred to as
"TCE "), which is attached hereto and made a part of this Agreement, for the purpose of
constructing roadway, sidewalk, drainage and utility facilities within the public right -of -way
immediately adjacent thereto; and
WHEREAS, Owner desires to convey the TCE to County for the stated purposes, on
the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the TCE.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the TCE to County for the sum of:
$1,700.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the TCE conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement
of any damages resulting to Owner's remaining lands, costs to cure, including but not
limited to the cost to relocate the existing irrigation system and other improvements,
and the cost to cut and cap irrigation lines extending into the TCE, and to remove all
sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance of said TCE to County, including all attorneys' fees, expert witness
fees and costs as provided for in Chapter 73, Florida Statutes, provided however that
Collier County shall pay attorney fees to Jennifer A. Nichols, Esq., Roetzel &
Andress, 850 Park Shore Drive, Naples, FL 34103, in the amount of $1,250.00 for
counsel to Owner.
Owner shall obtain from the holders of any liens, exceptions and /or qualifications
encumbering the TCE; the execution of such instruments which will remove, release or
subordinate such encumbrances from the TCE upon their recording in the public
records of Collier County, Florida. Prior to Closing and as soon after the execution of
this Agreement as is possible, Owner shall provide County with a copy of any existing
title insurance policy and the following documents and instruments properly executed,
witnessed, and notarized where required, in a form acceptable to County (hereinafter
referred to as "Closing Documents "):
Packet Page -786-
5/14/2013 16.A.3.
Page 2
(a) TCE instrument;
i
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or quaHications affecti% County's enjoyment of the TCE;
(c) Closing Statement; I
i
(d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
i
(e) W -9 Form; and
i
i
i
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all Closing Documents, whichever is the later.
This agreement shall remain in full force and effect until Closing shall occur, until and
unless it is terminated for other cause. At Closing, payment shall be made to Owner i
in that amount shown on the Closing Statement as "Net Cash to the Seller." County
shalt pay all closing costs in connection with this Agreement, if any.
5. Owner and County agree to do all things which may be required to give effect to this j
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier,
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, to enter into and to execute this Agreement, to execute,
deliver and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform all
tasks required of Owner hereunder and to consummate the transaction
contemplated hereby.
(b) The provisions of this Agreement shall survive closing and are not deemed
satisfied by County's acceptance of the TCE i
(c) No party or person other than County has any right or option to acquire the j
TCE or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the TCE or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the TCE, without first
obtaining the written consent of County to such conveyance, encumbrance,
or agreement, which consent may be withheld by County for any reason
whatsoever.
(e) The property underlying the TCE, and all uses of the said property, have
been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the TCE except as
specifically disclosed to the County; that the Owner has no knowledge of any
spill or environmental law violation on the property contiguous to or in the
vicinity of the TCE to be sold to the County, that the Owner has not received
notice and otherwise has no knowledge of a) any spill on the property j
underlying the TCE; b) any existing or threatened environmental lien against
the property underlying the TCE; or c) any lawsuit, proceeding or
investigation regarding the generation, storage. treatment, spill or transfer of
I
Packet Page -797-
5/14/2013 16.A.3.
Page 3
hazardous >ubstanc =s on the property underlying the TCE. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
7. County shall pay all fees .o record a :y curative instruments required to clear title, and
all TCE instrument recording fees. in additson, County may elect to pay reasonable
processing fees required by Iien- holders and /or easement- holders in connection with
the execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the TCE
8. 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 trustees, and /or assignees, whenever the
context so requires or admits.
If the Owner holds the property underlying the TCE in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the TCE before the TCE held in such capacity is conveyed to
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.)
10. Conveyance of the TCE, or any interest in the property underlying the TCE, by Owner
is contingent upon no other provisions, conditions, or premises other than those so
stated herein; and this written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreement and understanding of the parties, and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein. No modification, amendment or
cancellation of this Agreement shall be of any force or effect unless made in writing
and executed and dated by both Owner and County.
11. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman
Packet Page -788-
AS TO OWNER:
DATEQ/.7
Witn (S Pature)
I
Name (Print or T e)
i
W ss i nature)^
Name (Print or Type)
i
Approved as to form and
legal sufficiency:
1
r W+ -tGHIT
A'sidstant County Attorney
5/14/2013 16.A.3.
Page 4
FALLING WATERS BEACH RESORT MASTER
ASSOCIATION, INC.,. a corporation existing
uncer the laws of the State of Florida
{ ignature
k -41-4 �
(Print Name & Title)
FW 13 /e /t,-Vx„'t All &r►Ar
Packet Page -789-
5/14/2013 16.A.3.
... uo�
,. �o A
0 20 40
MsTWC Rw pG1 O
v c 1 5 001 T41 "E COQ' Fp �0tv
y
ly
/IF
E
PN54' 17'41 'W 5.00'
40
tiG 1G' Jpp SFgC
00 R 4„
�rvOCC�r) �4io oS:TSS � ?6S00
C4TTG s 41"
O�titi � FO re O C.ti
o �° �G S� 44,0
14
G
h
4y4ctvQO�ryx LEGEND Hi -OF -WAY
OR `Qp00 �t�O OR - OFFICIAL RECORDS BOOK
.P P8 - PLAT BOOK
y� G4�0 aQ
PC -.PAGE
GP w J' POe POINT OF BEGINNING
4 POC - POINT OF COMMENCEMENT
NO. NUMBER
��-
C.R. COUNTY ROAD
AKA ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 122TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF A 100 FOOT WIDE ACCESS EASEMENT AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3004, PAGE 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT WIDE
RIGHT —OF WAY CONVEYANCE RECORDED IN OFFICIAL RECORDS BOOK 1938, PAGE 709, BOTH OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA;
THENCE N35'42'19 "E FOR 96.15 FEET ALONG THE EASTERLY BOUNDARY OF SAID 50 FOOT WIDE RIGHT —OF —WAY
CONVEYANCE;
THENCE LEAVING SAID EASTERLY BOUNDARY, S54'17'41 "E FOR 5.00 FEET;
THENCE S35'42'19'N FOR 96.15 FEET;
THENCE N54'17'41"W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 481 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TEMPORARY U
CONSTRUCTION EASEMENT
If DURATION 3 YEARS.
Al
J �:♦„f" Vim.- ��f J t y
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 OA SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
w, )C] 7M w, .'.11:49 •.gY+3r1.;�.M fi�i . ;;,»3'. A. r h Yy i893t fiP \9^{ W.ilh.
— }rcnrrir,.:rs. yp e�r\tT —A 1[I. 0t15K211ftQ.Try
PROJECT: U.S.41/C.R.951/S.R.951
SKETCH AND LEGAL DESCRIPTION
RN-1,73L =11.1 tAflppy6
PARCEL 122TCE: TEMPORARY CONSTRUCTION EASEMENT 6e +cMnSO.P.nom.,sm.roo
PREPARED FOR: COUIER CDCNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Nwbc,Fioro. Nl9p
P -none' (2991591 -0575 FAX (299)597 -0578
LB No.: 6852
:7B NjM6E:R REl:S!;;N I1C7 >; ! ';HiP RANGE S:.A_E. OATS 'uu.K !;� F!iE NAME �:uL'=
090081.00.00 2 3 515 26E 1" — 40' RK _ 1 t
Packet Page -790-
N
w' E
S
0 20 40�
GRAPHIC SCALE C•j
1" = 40' 0
U
le
EXISTING RW
122TCE_ SF
�
e
POB -,
N54'17'41"W
A° ^O�
ono �oQC�
5/14/2013 16.A.3.
J1h
Cam.
vG
av y5 py`
H
/1-
LEGAL DESCRIPTION - PARCEL 122TCE
F
xc;,
rp p4p
R by lF
O-
\ GN'O sF°cF�lSS p0 �S`Spc'
S� r LEGEND
RW RW RIGHT -OF —WAY
OR = OFFICIAL RECORDS BOOK
PB PLAT BOOK
PG PAGE
POB = POINT OF BEGINNING
POC =POINT OF COMMENCEMENT
NO. _ NUMBER
C.R. = COUNTY ROAD
AKA = ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF A 100 FOOT WIDE ACCESS EASEMENT AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3004, PAGE 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT 'WIDE
RIGHT —OF WAY CONVEYANCE RECORDED IN OFFICIAL RECORDS BOOK 1938, PAGE 709, 80TH OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA;
THENCE N35'42'19'E FOR 96.15 FEET ALONG THE EASTERLY BOUNDARY OF SAID 50 FOOT WIDE RIGHT —OF —WAY
CONVEYANCE;
THENCE LEAVING SAID EASTERLY 'BOUNDARY, S5,V 17'41 "E FOR 5.00 FEET;
THENCE S35'42'19'W FOR 96.15 FEET;
THENCE N54'17'41"W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 481 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TECM - ROW
TEMPORARY JUN 1.5 2012
CONSTRUCTION EASEMENT
OURATION 3 YEARS.
A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 "6A-(E SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
/1161
�G QV 1
v
v
lb-
oJ✓'C!,
"D
AtV e
ho
h
S54'1 7'41 "E
�O� "s �w
- ` : TTAI ,I
5.00'
s
a
ZY
PREPARED FOR: COUJER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS
01
J1h
Cam.
vG
av y5 py`
H
/1-
LEGAL DESCRIPTION - PARCEL 122TCE
F
xc;,
rp p4p
R by lF
O-
\ GN'O sF°cF�lSS p0 �S`Spc'
S� r LEGEND
RW RW RIGHT -OF —WAY
OR = OFFICIAL RECORDS BOOK
PB PLAT BOOK
PG PAGE
POB = POINT OF BEGINNING
POC =POINT OF COMMENCEMENT
NO. _ NUMBER
C.R. = COUNTY ROAD
AKA = ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF A 100 FOOT WIDE ACCESS EASEMENT AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3004, PAGE 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT 'WIDE
RIGHT —OF WAY CONVEYANCE RECORDED IN OFFICIAL RECORDS BOOK 1938, PAGE 709, 80TH OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA;
THENCE N35'42'19'E FOR 96.15 FEET ALONG THE EASTERLY BOUNDARY OF SAID 50 FOOT WIDE RIGHT —OF —WAY
CONVEYANCE;
THENCE LEAVING SAID EASTERLY 'BOUNDARY, S5,V 17'41 "E FOR 5.00 FEET;
THENCE S35'42'19'W FOR 96.15 FEET;
THENCE N54'17'41"W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 481 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TECM - ROW
TEMPORARY JUN 1.5 2012
CONSTRUCTION EASEMENT
OURATION 3 YEARS.
A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 "6A-(E SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
d e. 2012 -I= M rr.\moa \DapoekDA00 IS- ! Cf egernene" Kmrowmwes M CFWI M*NpVR Prow \Pe 1- sw..ri5railre am DewAft m\ICE -ft R 02NWD -122fC q
"D
PROJECT: U.S.41 /C.R.951 /S.R.951
%U'A'v
SKETCH AND LEGAL DESCRIPTION
- ` : TTAI ,I
PARCEL 122TCE: TEMPORARY CONSTRUCTION EASEMENT
6610 NAnew ParK Drive, suite 200
PREPARED FOR: COUJER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS
Naple., Florida 34109
Phone: (239) 597 -0575 FAIL (239) 597 -0579
LB No.: 6952
JOB NUMBER
REVISION
SECTION
TOWNSHIP
RANT— -""
DRAWN BY
FILE NAME
SHEET
090081.00.00
I 2
I 3
I 51S
I 26 Packet Page - %9i -',2
R.A.K.
I SKD- 1227CE
1 O 1
5/14/2013 16.A.3.
Falling Waters Beach Resort Master Association, Inc. — Parcel 122 TCE
Packet Page -792-
Goodkind & Swift, Inc. 5/14/2013 16.A.3.
LAND APPRAISAL REPORT
rilc Nn
Borrower Owner: Falling Waters Beach Resort MA Census Tract 111.02 Map Reference S3- T51 -R26
Property Address Beach Boulevard (E/S Collier Blvd)
F- City Naples County Collier State FL Zip Code 34114
w Legal Description 3 5126 That Portion of Sec 3 Desc in OR 2471 PG 1821 (portion of Commercial Parcel A)
Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ® Fee ❑ Leasehold ❑ De Minimis PUD
u) Actual Real Estate Taxes $ N/A (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A
Lender/Client Collier County Growth Management Div. /ROW Address 2885 S. Horseshoe Drive, Naples, FL 34104
Occupant Owner Appraiser Harry Henderson SRA Instructions to Appraiser Estimate Fair Compensation, Parcel 122TCE
Location ❑ Urban ® Suburban ❑ Rural
Good
Avg.
Fair
Poor
Built Up ❑ Over 75% ® 25% to 75% ❑ Under 25%
Employment Stability
Growth Rate ❑ Fully Dev. ❑ Rapid ® Steady ❑ Slow
Convenience to Employment
Property Values ❑ Increasing ® Stable ❑ Declining
Convenience to Shopping
Demand /Supply ❑ Shortage ® In Balance ❑ Oversupply
Convenience to Schools
o Marketing Time ❑ Under 3 Mos. ❑ 4 -6 Mos. ® Over 6 Mos.
Adequacy of Public Transportation
°c Present %One -Unit 2 -4 Unit Apts. 35 % Condo 35 % Commercial
Recreational Facilities
19
EJ
11
_ _% _%
Land Use _% Industrial __i0_% Vacant _%
cc
Adequacy of Utilities
Q. Change in Present ❑ Not Likely ® Likely ( *) ❑ Taking Place ( *)
Property Compatibility
®
❑
Land Use ( *) From vacant To commercial
CD
Protection from Detrimental Conditions
Police and Fire Protection
w Predominant Occupancy E] owner ®Tenant 10 % Vacant
Z One -Unit Price Range $ N/A to $ N/A Predominant Value $ N/A
General Appearance of Properties
One -Unit Age Range N/A yrs. to N/A yrs. Predominant Age N/A yrs.
Appeal to Market
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools,
view, noise) See attached addenda.
Dimensions portion of Commercial Tracts as per PUD = called 3.58 ac ❑ Comer Lot
Zoning Classification PUD - commercial component Present Improvements ® Do ❑ Do Not Conform to Zoning Regulations
Highest and Best Use ® Present Use ❑ Other (specify)
Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level
Elec. ® Street Access ® Public ❑ Private Size Compatible with area
Gas ❑ Surface Paved Shape Rectangular
Water ® Maintenance ® Public ❑ Private View Commercial
San. Sewer ® ® Storm Sewer ® Curb /Gutter Drainage Appears to be adequate
❑ Underground Elect. & Tel. ® Sidewalk ® Street Lights Is the property located in a FEMA Special Flood Hazard Area? ® Yes ❑ No
Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions) Zone AE, #12021 C0604H, dtd 5/16/12
No adverse conditions observed. The subject lot is encumbered by standard perimeter roadway and utility easements This appraisal
considers land and effected improvements only (see comments in addendum).
The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description
includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the
comparable property is superior to or more favorable than the subject property, a minus ( -) adjustment is made, thus reducing the indicated value of subject; if a
significant item in the comparable is inferior to or less favorable than the subject property, a plus ( +) adjustment is made thus increasing the indicated value of the subject.
ITEM I SUBJECT PROPERTY
COMPARABLE NO.1
COMPARABLE NO.2
COMPARABLE NO.3
Address Beach Boulevard (E/S Collier Blv
Heritage Bay - Immokalee Rd
11700 Terr i Trail E.
6240 Collier Blvd
Naples, FL 34114
Naples, FL 34120
Naples, FL 34113
Naples, FL 34114
Proximity to Subject
14.45 miles N
1.60 miles NW
1.17 miles S
Sales Price
$ N/A
1$ 6.97 /sf
$ 4.44Isf
I $ 9.55/sf
T Price
$
1 $ 3 500 000
$ 800 000
I $ 775 000
J Data Sources
BK 4703 PG 2512
BK 4609 PG 3037
BK 4565 PG 1392
z ITEM
DESCRIPTION
DESCRIPTION
+ - $ Adjust.
DESCRIPTION
+ - )$ Adjust.
DESCRIPTION
+ - $ Adjust.
a Date of Sale/Time Adj.
N/A
07111
Nominal
9/10
Nominal
4/10
Nominal
9 Location
Avq.Comm.Exp.
Similar
Inferior
+1,65
Similar
o Site/View
called 3.58 ac
11.53 acres
In /s
4.13 acres
In $/
2.00 acres
In $ /sf
UJI Zoning
PUD - Commercial
PUD - Commercial
C -3
Similar
C-4
Similar
Topography
Level
Level
Level
Level
Size Factor
Standard
Larq er
+1.50
Similar
Similar
Sales or Financing
N/A
Concessions
IN /A
Net Adj. (Total)
®+ [:1 -
Is 1.5
+ -
$ 1.65
+ -
$
Indicated Value
Net "21.5 %
Aet, ,372
of Subject
Gross 21.5 %
$ 8.471
s 17.2 % 1$
6.09
mss
- $ 9.55
Comments on Market Data See attached addenda.
Comments and Conditions of Appraisal This is an appraisal of land and affected improvements only. The proposed taking parcel 122TCE has no
impact on building improvements or hardscape. The taking parcel has no impact on the functional utility of the subject property. See comments
in addendum.
z Final Reconciliation TJae appraised value for the subject garent tract lands reflects a unit/price of $8.50 /sf or $1,325,000 total. The compensation
2 value for oarJ122fTCE (temporary consJouction ea ent is based upon a 3 year term /duration.
I (WE) ESTIMAT K V LUE, AS DE ED, OF iH P OF February 20, 2013 TO BE $ 1,700 (Parcel 122TCE)
Appraiser r 1 I on S ery�Pppraiser (d applicable)
w Date of Signature and' eport Februa 20 2013 Date of Signature
°C Title Review Appraiser Title
State Certification # RD3475 ST FL State Certification # ST
_
Or State License # ST _ Or State License # ST
_
Expiration Date of State Certification or License 11/30/2014 Expiration Date of State Certification or License
Date of Inspection d applicable February 20, 2013 ❑ Did ❑ Did Not Inspect Property Date of Inspection
FormIAND — "WinTOIPacket Page -793- inc' —1- 800- ALAMODE 08/11
5/14/2013 16.A.3.
Supplemental Addendum File No, Parrei122TCE
Borrower /Client Owner: Failing Waters Beach Resort MA
Property Address Beach Boulevard (E/S Collier Blvd
city Naples County Collier State FL Zip Code 34114
Lender Collier County Growth Management Div. /ROW
• Land: Neighborhood Comments
The subject property (parent tract) is located on the east side of CR951 (Collier Blvd) close to the US 41 intersection in the East
Naples area of unincorporated Collier County. This is a developing commercial corridor. Existing commercial properties in the
immediate vicinity of the subject include a CVS store and the Freedom Square Shopping Center; a variety of other national
brand retail establishments /banks /gas stations are also nearby. The City of Marco Island Reservoir is located just north of the
subject parent tract. A number of undeveloped commercial tracts remain in the area; these are poised for development once
economic conditions improve. Development along US 41 east of the intersection is relatively sparse. Maintenance levels in the
area are generally good.
Parent Tract and Improvements
The greater parent tract property is the Falling Waters Beach Resort residential condominium complex having a total acreage of
just over 71 acres (residential portion). The subject parcel is located within the entry drive (Beach Boulevard) which provides
access to the residential complex as well as to commercial areas fronting Collier Blvd. The commercial tracts are improved with
a self- storage facility known as Capitol Self Storage. The subject portion of the entry drive (Beach Blvd) is identified as
commercial land within the PUD document. For the purpose of this analysis the subject parent tract is considered to be the
commercial component of the PUD (synthetic construct as per ownership) having an area of 3.58 acres. As such, commercial
land pricing can be applied to the take area to the benefit of the owner.
Building and signficant site improvements are not impacted by the taking parcel and are not considered in this report.
Parcel 122TCE
Parcel 122 TCE is a temporary construction easement needed for the construction of intersection improvements associated with
this project. This parcel is located across a small strip of the entry drive (Beach Blvd) into the Falling Waters Beach Resort
complex (adjacent to the Collier Blvd ROW). It is rectangular in shape (5ft x 96.15ft) and has an area of 481 sf. The use of this
temporary construction easement is for the movement of men and equipment during the course of the intersection improvement
construction period; it will have a 3 year term (duration). Site improvements located within the parcel area are limited to minor
plantings within the driveway island and curbing /pavement. A $500 allowance is provided to cover the cost of replacing any
plantings damaged within the TCE area. Hardscape items (curbs) should not be impacted or will be repaired by contractor.
• Land : Market Data Comments
The subject and comps are compared on a unit/price basis ($ /sf) which eliminates the need for direct size adjustments. All sales
involve the relatively recent sale of commercial lands having market characteristics similar to the subject property. Location
adjustment for Comp #2 reflects its location away from any major intersections in a less intensively developed stretch of the
East Trail. Size Factor adjustment for comp #1 reflects economies of scale whereby, all else being equal, significantly larger
land tracts tend to sell for lower unit prices relative to their smaller counterparts. The subject and comps are essentially similar
with respect to other pertinent characteristics.
The sales cited show an adjusted unit/price range of $6.09 /sf to $9.55 /sf; all factors considered, a mid -range value of $8.50 /sf is
selected as most reasonable for the subject lands.
Indicated Value for Parent Tract lands: $8.50 /sf x 3.58 acres (155,940 sf) _ $1,325,000 (rounded)
Valuation of Parcel 122TCE
At a unit price of $8.50 /sf and a 3 year term for the TCE; the compensation value for the TCE is valued as follows:
481sf x $8.50 /sf = $4088.50 x 10% (land cap.rate) x 3yrs = $1226, called $1200.
Plus $500 allowance for any damaged landscape items; Total Compensation: $1,700
This appraiser has previously appraised the subjet property, 7/16/12.
FormTADD — "WinTOT /Packet Page - 794- 11o. -1- 800- ALAMODE
5/14/2013 16.A.3.
Subject Photo Page
Borrower /Client Owner: Falling Waters Beach Resort MA
Property Address Beach Boulevard (E/S Collier Blvd
city Naples County Collier State FL Zip Code 34114
Lender Collier County Growth Management Div. /ROW
Form SUBLG2— "WinTO".Packet Page -795- inc. -1- 800 - ALAMODE
Subject Front
Beach Boulevard (E /S Collie
Sales Price N/A
G.L.A.
Tot. Rooms
Tot. Bedrms.
Tot. Bathrms.
Location Avg.Comm.Exp.
View called 3.58 ac
Site
Quality
Age
Subject Street
5/14/2013 16.A.3.
Comparable Photo Page
Borrower /Client Owner: Falling Waters Beach Resort MA
Property Address Beach Boulevard (E/S Collier Blvd
city Naples County Collier State FL Zip Code 34114
Lender Collier Countv Growth Management Div. /ROW
Comparable '
Heritage Bay- Immokalee Rd
Prox to Subject
14.45 miles N
Sales Price
6.97/sf
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location
Similar
View
11.53 acres
Site
Quality
Age
Comparable 2
11700 Tamiami Trail E.
Prox to Subject 1.60 miles NW
Sales Price 4.44/sf
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location Inferior
View 4.13 acres
site
Quality
Age
Comparable
6240 Collier Blvd
Prox to Subject 1.17 miles S
Sales Price 9.55/sf
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location Similar
View 2.00 acres
Site
Quality
Age
Form PICPC(.CR— 'WInTCPacket Page -796-" inc. — 1-800-ALAMODE
5/14/2013 16.A.3.
Location Map
Borrower /Client Owner: Falling Waters Beach Resort MA
Property Address Beach Boulevard EIS Collier Blvd
city Naples County Collier State FL lip Code 34114
Lender Collier County Growth Management Div. /ROW
. snr,asvv I'
a to made, inn CrsrEevrocnrfaa
arart9�tr�
ri..r�mreneeaca'±.arcrv..ix +tnn. Pttn_FI= .._IQh. t �vh17 ', . -.•::. � : �fiarre
i h:3[ffl±li Y4 E'ri I�1B,�IERk .': .1.'; - CtlRZ!.
846
a 'Palm River mmnkakr Rd
Gh.pv F, Naples Park Estates
p z
� N
- f!d;5.t l6Cri HATtrETOltG EN.
Vanderbilt Beach
:862
Pelican Ba
y r ..� . r [ ..�. „o:dea Gate Elvd Uu , e7b -
a..
North Naples Vineyards L"
Heritage '.
ilh
14A5 miles
_.31 _� Goiden Gate F . -E
45�
43
East Naples
Naples
" VXDWMER, —r Cr RE
Lely
rLTiNa Subject
Beach Boulevard (E/S Collier Blvd)
ARBC6
fir Naples Manor
.. 41i Lely R lort -
:_ewaYtiktt _
Y•Ei£R�_
a
Comparable # 2 -
��� Belle Aeaae _ ��
11700 Tamiami Trail E.
� 1- c rtAtLL.
.60 �er.Ge�sr r. :ES
q
457 lk �.
Y.>f ^4Crt iv4:
sl_. pl
Ides cf Capri r
it Tcrl,.,
' ¢i
'S^7rC7
LF
Marco Island
'953
it N�N%Gl rf
V
t
147
Royal Palm
Hammock
92
Old Grove Mw
uvles
T;J
Form MAP.LOC — WnTO Packet Page -797- ' Inc. —1- 800- ALAMODE
5/14/2013 16.A.3.
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed
for exposure in the open market; (4) 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.
* Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the
property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession
but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the 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.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject she is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do
so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These
separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The
appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such
conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be
reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such hems that were furnished by other
parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
(including conclusions about the property value, the appraiser's identify and professional designations, and references to any professional appraisal
organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department. agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender /client may distribute the property description section of the report only to data
collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 439 6 -93 Page 1 of 2 Fannie Mae Form 1004B 6 -93
FormACR — "WinTOTAPacket Page – 798- 1c.- 1- 800-ALAMODE
5/14/2013 16.A.3.
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, it a significant item in a comparable property is interior to, or less favorable than the subject property, I have made
a positive adjustment to increase the adjusted sales price of the comparable.
2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not
knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the
appraisal report are true and correct.
3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limiting conditions specified in this form.
4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with
respect to the participants in the transaction. I did not base, either partially or completely, my analysis and /or the estimate of market value in the appraisal report
on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties in the vicinity of the subject property.
5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this
appraisal is contingent on the appraised value of the property.
6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate,
the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. I
did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of The effective date of this appraisal, with the exception of the departure provision of arose
Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value
and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the
reconciliation section.
8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report.
I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that
I had market evidence to support them. 1 have also commented about the effect of the adverse conditions on the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional
assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report. I have named such individual(s) and
disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certity that any individual so named is qualified to perform
the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, 1 will take
no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser,
agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: Beach Boulevard (E /S Collier Blvd), Naples, FL 34114
Signature:
Name: e
Date Sign : FKrijary20, 0 3
State Certification #: RD3475
or State License #:
State: FL
Expiration Date of Certification or License: 11/30/2014
SUPERVISORY APPRAISER (only if required):
Signature:
Date Signed:
State Certification #:
or State License #:
State:
Expiration Date of Certification or License
❑ Did Li Did Not Inspect Property
Freddie Mac Form 439 6 -93 Page 2 of 2 Fannie Mae Form 1004B 6 -93
FormACR — "WinTOTPacket Page – 794_inc. -1- 800 - ALAMODE