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Agenda 06/25/2013 Item #16A 1/'� 6/25/2013 16.A.1. EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement and Temporary Easement Agreement in order to acquire both a drainage easement (Parcel No. 273DE) and a temporary construction easement (Parcel No. 273T CE) which are needed for construction of the Haldeman Creek and Crown Pointe weirs as part of the Lely Area Stormwater Improvement Project No. 51101 (19B). Estimated fiscal impact: $2,500 plus recording costs of less than $100. OBJECTIVE: To obtain approval of an Easement Agreement and a Temporary Easement Agreement from the Board of County Commissioners (Board) for purchase of two easement parcels that are necessary for the construction of the LASIP 19 -B Haldeman Creek and Crown Pointe weirs. CONSIDERATIONS: The parent tract is owned by Mr. and Mrs. Alfred Gallo and is legally described as Lot 15, South Shore Villas at Crown Pointe. The two easement parcels were appraised by Harry Henderson, SRA, the Growth Management Division's Review Appraiser. His land appraisal summary report is attached and a location map is included as part of his report. Parcel 273DE is a perpetual, non - exclusive drainage easement consisting of 206 square feet and was appraised at $1,700. Parcel 273TCE, a two -year temporary construction easement containing 276 square feet, was appraised at $480 utilizing a 10% land capitalization rate. County staff negotiated with the owners and arrived at a total purchase price of $2,500 (for both easements) which is approximately 15% higher than the original offer of $2,180. FISCAL UYIPACT: Funds in the amount of $2,500 plus recording costs totaling less than $100 will be paid from Stormwater Capital Improvement Fund 325. Source of funds is a Transfer from the General Fund (001). LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and requires a majority vote for approval. ERP GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Easement Agreement and the Temporary Easement Agreement and authorize its Chairwoman to execute the agreements on behalf of the Board. Also, that the Board authorize the County Manager, or his designee, to record the conveyances in the Collier County public records; authorize the payment of all expenses necessary to close the transaction; authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the agreements and to approve any and all budget amendments necessary in connection herewith. Prepared By: Rebecca Harding, Property Acquisition Specialist, Growth Management Division, Transportation Engineering Right -of -Way Acquisition Attachments: 1) Easement Agreement; 2) Temporary Easement Agreement; 3) Appraisal Report Packet Page -347- 6/25/2013 16.A.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.1. Item Summary: Recommendation to approve an Easement Agreement and Temporary Easement Agreement in order to acquire both a drainage easement (Parcel No. 273DE) and a temporary construction easement (Parcel No. 273TCE) which are needed for construction of the Haldeman Creek and Crown Pointe weirs as part of the Lely Area Stormwater Improvement Project No. 51101 (19B). Estimated fiscal impact: $2,500 plus recording costs of less than $100. Meeting Date: 6/25/2013 Prepared By Name: HardingRebecca Title: Property Acquisition Specialist,Transportation Engineering & Construction Management 5/9/2013 11:40:21 AM Submitted by Title: Property Acquisition Specialist,Transportation Engineering & Construction Management Name: HardingRebecca 5/9/2013 11:40:23 AM Approved By Name: BishopMargaret Title: Project Manager, Senior,Transportation Engineering Date: 5/31/2013 9:17:10 AM Name: LynchDiane Title: Administrative Assistant Date: 5/31/2013 12:30:51 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 6/5/2013 1:13:05 PM Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Packet Page -348- 6/25/2013 16.A.1. Date: 6/5/2013 1:25:36 PM Name: TaylorLisa Title: Management/Budget Analyst ,Transportation Administr Date: 6/5/2013 3:14:05 PM Name: ShueGene Date: 6/5/2013 3:32:36 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/6/2013 11:31:39 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 6/11/2013 3:15:15 PM Name: KlatzkowJeff Title: County Attorney Date: 6/12/2013 2:03:01 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/17/2013 10:12:57 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 6/17/2013 11:30:02 AM Packet Page -349- 6/25/2013 16.A.1. PROJECT: Haldeman Creek & Crown Pointe Weirs — LASIP 51101_ (1913) PARCEL NO: 273DE FOLIO NO: 74380000387 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 20 , by and between ALFRED GALLO and ELIZABETH GALLO, husband and wife, whose mailing address is 230 Fawn Lake Drive, Hawley, PA 18428 (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 perpetual, non- exclusive drainage easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires to convey the Easement 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 Easement. 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 Easement to County for the sum of: $1,950.00 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 Easement 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 fines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement 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 "): (a) Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; Packet Page -350- 6/25/2013 16.A.1. Page 2 (c) Closing Statement; (d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W -9 Form; and (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 in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the Improvements as long as their retrieval is ,^ performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, 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) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement 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 Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, Packet Page -351- G 6/25/2013 16.A.1. Page 3 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) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, 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 Easement 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 Easement 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 underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien- 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 Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien - holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." Packet Page -352- 6/25/2013 16.A.1. Page 4 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. 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. 12. If the Owner holds the property underlying the Easement 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 Easement before the Easement 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.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, 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. 14. 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. 15. 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: F_ e ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk GEORGIA A. HILLER, Esq. Chairwoman Packet Page -353- e� AS TO OWNER: DATED: Of-Z,3-26 Y- MnefiEQSig nature) 1, /7i./ 7, e. M ,, /V Name (Print or Type) ��1t�tyl�2,a- Witness (Signature) CtWlV1.UVS Name (Print or Type) itn s (Signature) *T'!)/,,-.- -7j-. Givrva.rt Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney Last Revised: 0420/2012 6/25/2013 16.A.1. Page 5 J.AMOM, �i.UCK I``j COMM UM Packet Page -354- SECTION 7. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 0 10 20 40 GRAPHIC SCALE SCALE: 1" - 20 EXHIBIT Page__L...of Z. "D.E." PER PLAT I TRACT 'A' L2 6/25/2013 16.A.1. TRACT 'A' = NCfli LIN` V t.vt 15 4 z 0 LINE BEARING DISTANCE / N 09'59'32" E DRAINAGE EA7EMEN L2 N 89-59-11 " E 206 SO/ / LOT 14 S 19'59'32" W 49.92' LOT 15 SOUTH SHORE V ILLAS AT CROWN POINTE DE ALENASTIONAPLAT BOOK 24, PAGE 65 ORTGAGE ASSOO 7438000038 POINT OF BEGINNINDRAINAGE EASEMENLEGEND ORB - OFFICIAL RECORDS BOOK I z` PG = PAGE TRACT "D -1' I o SO.FT. = SQUARE FEET D.E. = DRAINAGE EASEMENT t v J S = SECTION '° T = TOWNSHIP R = RANGE w� o �m i me C, a a �w uia' + �ci Gg�' 1 �•i la N 4 z 0 LINE BEARING DISTANCE L1 N 09'59'32" E 47.63' L2 N 89-59-11 " E 8.80' z 0 LINE BEARING DISTANCE L1 N 09'59'32" E 47.63' L2 N 89-59-11 " E 8.80' L3 S 19'59'32" W 49.92' POINT OF COMMENCEMENT J SOUTH 1/4 CORNER OF S7-T50 -R26 S7, T50S, R26E �--N 89'59'32 E 328.51' —St8 T50S, R26E SOUTH Ls_ tt,.. /4 Nd i NAR 2 7 M SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION _ NOT A BOUNDARY SURVEY r.�..vwavnmwc ORIGIM.IL: ,AW. 02 ao14 20l"D, —„ t00D,6223 AT ' aaTweovstour LELY AREA STORM WATER .�ISnI2s- DeCK Pµ' BLVD I Y40.GX ].2012 P.M suscouT, IMPROVEMENT PROJECT {LASIP 196} oeueo r•2.TPA F� 22607 DRAINAGE EASEMENT SKETCH 2� a P°' ATKINB NORMANERICA. WC. 1 m212924276 AND DESCRIPTION T SHEET: 1 OF 2 FLORIDA CER]iFICATF OF AUT>IURIZATIDN NUMBER LBZ4 Packet Page - 355 - /0—%,. 6/25/2013 16.A.1. SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION EXHIBIT ,E DRAINAGE EASEMENT PARCEL 2730E Page Z pf Z A PORTION OF LOT 15 OF SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGE 65, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE N89'59'32 "E ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 7, 328.51 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE EAST LINE OF TRACT "D -1" OF THE AFOREMENTIONED SOUTH SHORE VILLAS AT CROWN POINTE AND SAID SOUTH LINE OF THE SOUTHEAST 1/4; THENCE N09'59'32 "E, ALONG SAID EAST LINE, 150.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N09'59'32 "E, ALONG SAID EAST LINE, 47.63 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE N89'59'11 "E. ALONG SAID NORTH LINE, 8.80 FEET; THENCE S19'59'32'W, 49.92 FEET TO THE POINT OF BEGINNING. SUBJECT LANDS CONTAINING 206 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING. 3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, SAID LINE BEARS N89'59'32 "E. 4. LEGAL DESCRIPTION PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH By THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. @2011 ATKINS NORTH AMERICA, INC. LICENSED USINESS 24 ALl,AIGH D Peter J. Mattson Professional Surveyor k Mapper Registration No. 6290 Stale of Florida SEE SHEET 1 FOR SKETCH AT' aroweorscour LELY AREA STORM WATER srnre moo IMPROVEMENT PROJECT (LASIP 19B) rANFA,rt axor DRAINAGE EASEMENT SKETCH AnbNS AKWW AWRICA. MC. (efr 28x AND DESCRIPTION FLORIDA CERrIFICATE OF AUTNORIIArION NUMBER L824 Packet Page -356- NOT A BOUNDARY SURVEY owcw.t: aw. m.sofr ILlb rq. +aa,.m rtevLSABS: eaawr. �• �MNKMf:Af} �� SHEET: 2 OF 2 6/25/2013 16.A.1. PROJECT: Haldeman Creek & Crown Pointe Weirs — LASIP 51101 (196) PARCEL NO: 273TCE FOLIO NO: 74380000387 TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 20 , by and between ALFRED GALLO and ELIZABETH GALLO, husband and wife, whose mailing address is 230 Fawn Lake Drive, Hawley, PA 18428, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County "), whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112. WHEREAS, County requires a Temporary Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "), for the purpose of constructing drainage facilities within the lands immediately adjacent thereto; and WHEREAS, Owner desires to convey the Easement 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 Easement. 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 Easement to County for the sum of: $550.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all attorney's fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. County shall use its best endeavors to restore all landscaping, trees, shrubs, improvements, and fixtures located within the Easement area to their pre- construction condition after completion of construction. Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement 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 -357- G 6/25/2013 16.A.1. Page 2 (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and /or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non- Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W -9 Form; and (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 in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner and County agree to do all things which may be required to give effect to this 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 Easement, 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) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement 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 Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, 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) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which �\ affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to Packet Page -358- AQ, 6/25/2013 16.A.1. Page 3 the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, 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 Easement 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 Easement 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 underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. County shall pay all fees to record any curative instruments required to clear title, and all easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees 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 Easement; provided, however, that any apportionment and distribution of the full compensation amount in paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. Owner agrees to grant the TCE for the purpose of constructing drainage facilities adjacent to this area. The term of the TCE shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of the Haldeman Creek and Crown Pointe Weirs portion of the Lely Area Stormwater Improvement Project No. 51101, and shall automatically terminate two years therefrom. Packet Page -359- 9 6/25/2013 16.A.1. Page 4 10. 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. 11. If the Owner holds the property underlying the Easement 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 Easement before the Easement held in such capacity is conveyed to County, its successors and assigns. (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.) 12. Conveyance of the Easement by Owner, or any interest in the property underlying the Easement, 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. 13. 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. 14. 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 -360- AS TO OWNER: DATED: 65-2---5 -z213 itne ignature) AL , D GALLO Name (Print or Type) Witness (Signature) QtAsaJ24A l bytX s Name (Print or Type) ttn (Signature) ELIZAB 'H GALLO C. Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney Last Revised: 05/10/2013 Packet Page -361- 6/25/2013 16.A.1. Page 5 ll*� too-*N eo"'N 6/25/2013 16.A.1. on Page —L—of—l- TRACT "K*' TRACT "A" Y 30` D LEG D E. P.B. r.B.�tN4' PG. 66 PLAT BOOK __j 2 Pc. - PACE P.0,B - POINT OF SEGINNINC P.O.C. - POINT OF COMIAENC--IJEW D.E. : DRAINAGE EASEMENT TRACT "A" tCE TEMPORARV CONSTRUCTION EASEMENT P.O.B. N89'59'1 1 *E 9 '59'11 -E '59'11 'E_.!49.42* ------ 12 SI9'59'32*W P.O.C. 17.68' 4 9 ,42* '3 6' N.E. CORNER) OF LOT 14 273TCE 276 SF �x NIT59'32E N7aoo,28,w 41.35' '50 3.80* S 9 25.86* ---40' DZ R.B. D' 3 - W 24 Pr., 66 N74D'09'37W 13 5-Do' 14 15 TEMPORARY CONSTRUCTION EASEMENT DURATION TWO YEARS LEGAL DESCRIPTION - PARCEL 273TCE A PARCEL OF LAND LYING ON LOT 15, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTS, AS RECORDED IN PLAT BOOK 24, PAGES 55 THROUGH 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA,, THENCE ALONG THE SOUTHERLY BOUNDARY OF A DRAINAGE EASEMENT AND A PORTION OF TRACT *A', OF SAID SOUTH SHORE '.',LEAS AT CROWN POINTE. N85-59'I I'E FOR 49.42 FEET, To THE POINT OF BEGINNING Or THE PARCEL DESCRIBED HEREIN. THENCE CONTINUE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "A", SOUTH SHORE VILLAS AT CROWN POINTE. AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N89"59'11"E FOR 9.36 FEET; THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID TRACT "A" 519'59'32"W FOR 17.68 FEET; THENCE N7900'28'W FOR 3,80 FEET. THENCE S19'59'32W FOR 26.86 FEET, THENCE N7909'37"W FOR 5.00 FEET: THENCE NI9'59'32'E FOR 41.35 FEET, -0 THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: CONTAINING 276 SOLIARE FEET MORE OP LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1---•M ROW SM 1 2M MICHAEL k WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE -S-1 D NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS M NOT A SURVEY, PROJECT: LELY AREA STORM WATER IMPROVEMENT PROJECT (LASIP 1911) SKETCH AND LEGAL DESCRIPTION PARCEL 273TCE: TEMPORARY CONSTRUCTION 9ASFMFNT PREPARED FOR: COLLIER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS 1200 0 7 SOS 26EI1"- N I* WW— 01.0. IJ ro 8 .2W P5 MI,057S VAX ;2:4)407d"?. tit Nn e"z R. L.L. -14AME I A I, 1 273TCE Packet Page -362- - - 1 G- Goodkind & Swift, Inc. 6/25/2013 16.A.1. LAND APPRAISAL SUMMARY REPORT FIIeNo.: 273DE/TC'E yV V r- LAND CopyrghtO 2007 by a to mode, inc. This form may be reproduced unmodified without wmten permission, nowever, a w mode, mc. must oe acKnowiedged and credhed. Form GPLND — "WinTOTr Packet Page -363- nc. —1- 800 - ALAMODE 3/2007 Property Address: 3090 Crown Pointe Blvd W. City: Naples State: FL Zip Code: 34112 County: Collier Legal Description: South Shore Lake Villas at Crown Pointe Lot 15 Parent Tract). This appraisal. is an estimate of the just compensation due to the property owner for Collier County's acquisition of a drainage easement over a rear portion of the parent tract. Assessor's Parcel #: 74380000387 Tax Year: 2012 R.E. Taxes: $ 1,946 Special Assessments: $ Unknown Market Area Name: Crown Pointe Map Reference: S7- T50 -R26 Census Tract: 105.09 W . Current Owner of Record: FNMA Borrower A applicable): N/A vii, Project T if applicable): ® PUD ❑ De Minimis PUD ❑ Other describe HOA: $ 2,500 ® per year ❑ per month Are there any existing improvements to the property? ❑ No ® Yes If Yes, indicate current occupancy: ❑ Owner ❑Tenant ®Vacant E] Not habitable If Yes, give a brief description: The subject property is improved with an attached villa home. The dwelling and bulk of the site improvements are not impacted by the proposed drainage easement parcel The purpose of this a praisal is to develop an opinion of: L Market Value as defined), or Z other type of value describe Just Compensation for DE/TCE This report reflects the following value if not Current, see comments): X Current the Inspection Date is the Effective Date Retros ective Prospective Z f 35 Q Property Rights raised: Z Fee Simple Ej Leasehold Leased Fee L Other describe Intended Use: A portion of the subject tract is required for drainage facilities associated with LASIP improvements in the area. The intended use of the appraisal is to estimate just compensation for the acquisition of the needed permanent and temporary easement parcels by the County. Intended User(s) (by name or type): Collier County Government Growth Management Division Clierd: Collier County GMD Address: 2885 South Horseshoe Drive Naples, FL 34104 Appraiser: Harry Henderson SRA Address: 2885 South Horseshoe Drive Naples, FL 34104 Characteristics Location: ❑ Urban ® Suburban ❑ Rural Built up: ® Over 75% ❑ 25-75% ❑ Under 25% Growth rate: ❑ Rapid ® Stable ❑ Slow Property values: ❑ Increasing ® Stable ❑ Declining Demand /supply: ❑ Shortage ® In Balance ❑ Over Supply Marketing time: ❑ Under 3 Mos. ® 3 -6 Mos. ED Over 6 Mos. Predominant Occupancy ® Owner ❑ Tenant ® Vacant (0.5 %) ❑ Vacant ( >5 %) One -Unit Housing PRICE AGE $(000) (yrs) 150 Low 5 Present Land Use One -Unit 65% Change in Land Use ® Not Likely ❑ Likely * ❑ In Process * To: 2 -4 Unit o% Mufti -Unit 25% 300 High 35 Comm'I 0% 200 Pied 15 Vac 0% Util. -Cm 10%. Z o j u. �. fair Factors Affecting Marketability LIM Good Average Fair Poor N/A item Good Average Fair Poor N/A Employment Stability ❑ ® ❑ ❑ ❑ Adequacy of Utilities ❑ ® ❑ ❑ ❑ Convenience to Employment ❑ ® ❑ ❑ ❑ Property Compatibility ❑ ® ❑ ❑ ❑ Convenience to Shopping ❑ ® ❑ ❑ ❑ Protection from Detrimental Conditions ❑ ® ❑ ❑ ❑ Convenience to Schools ❑ ® ❑ ❑ ❑ Police and Fire Protection ❑ ® ❑ ❑ ❑ Adequacy of Public Transportation ❑ ® ❑ ❑ ❑ General Appearance of Properties ❑ ® ❑ ❑ ❑ Recreational Facilities ❑ ® ❑ ❑ ❑ Appeal to Market ❑ ® ❑ ❑ ❑ Market Area Comments: The subject is located in the Crown Pointe community in the East Naples area(unincorporated Collier County) just east Uj of an FPL transmission corridor and public greenway. This is an established community composed of a compatible mix of single- family homes, 4 condos and villa units Essential services are within easy access. Maintenance levels in the area are good. The proposed DE acquisition parcel is triangular in shape and will be located at the northwest corner of the parent tract (rear of property /fronting lake) and adjacent to an existing drainage structure The easement parcel has a total area of 206sf The encumbrance associated with this parcel is estimated at 95% of the fee interest. The Temporary Construction Easement Parcel (TCE) is "L" shaped and covers an area of 276sf. It is needed for the movement of men and equipment during construction and will have a two year term. Dimensions: 53 x irregular Site Area: 5,787 Zoning Classification: PUD Description: Planned Development Do present improvements comply with existing zoning requirements? ® Yes ❑ No ❑ No Improvements Uses allowed under current zoning: Attached villa home. Are CC &Rs applicable? ❑ Yes ❑ No ❑ Unknown Have the documents been reviewed? ❑ Yes ❑ No Ground Rent (g applicable) $ N /A/ Comments: N/A Highest & Best Use as improved: ® Present use, or ❑ Other use (explain) z0 Actual Use as of Effective Date: Attached villa home Use as appraised in this report: Vacant land available for residential dev. Summary of Highest & Best Use: The subject site's highest and best use is found in its current use as improved, with an attached villa homes and associated site improvements. a H cWa ur H �:. Utilities Public Other Provider/Description Electricity ® ❑ Gas ❑ ❑ Water ® ❑ Sanitary Sewer ® ❑ Storm Sewer ® ❑ Telephone ® ❑ Multimedia ® ❑ Off-site Improvements Type Public Private Street Macadam ® ❑ Width N/A Surface Paved Curb /Gutter Concrete ® ❑ Sidewalk N/A ❑ ❑ Street Lights Electric ® ❑ N ❑ ❑ N /A Frontage Adequate Topography Level Size Compatible with area Shape Irregular Drainage Appears to be adequate View Lake Other site elements: ® Inside Lot ❑ Comer Lot Cul de Sac Underground Utilities ❑ Other describe .`' FEMA S ec'I Flood Hazard Area ❑ Yes No FEMA Flood Zone N/A FEMA Map # N/A FEMA Map Date N/A -' Site Comments: The subject parent tract is an irregularly villa -sized lot having good lake exposure. Landscape improvements in the area of the proposed easement are limited to planted sod LAND CopyrghtO 2007 by a to mode, inc. This form may be reproduced unmodified without wmten permission, nowever, a w mode, mc. must oe acKnowiedged and credhed. Form GPLND — "WinTOTr Packet Page -363- nc. —1- 800 - ALAMODE 3/2007 6/25/2013 16.A.1. LAND APPRAISAL SUMMARY REPORT yw" File No.: 273DE(TCE Copyright® 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. ®L+��j, N D Form GPLND — "WinTOTr Packet Page -364- inc. —1- 800- ALAMODE 3/2007 My research did did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Data Source 5 : No applicable prior sales D: 1st Prior Subject Sale/Transfer Analysis of sate/transfer history and /or any current agreement of sale /listing: Prior sale reflects a foreclosure conveyance. Date: 10/26/2010 x, Price: $100 w: Source(s): Pub.Rec. ub r 2nd Prior Subject Sale/Transter 1! k Date: N/A Price: Source(s): FEATURE SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO.3 Address 3090 Crown Pointe Blvd W. Naples, FL 34112 3048 Crown Pointe Blvd W. Naples, FL 34112 3054 Crown Pointe Blvd W. Naples, FL 34112 3166 Crown Pointe Blvd W. Naples, FL 34112 Proximity to Subject 0.05 miles NW 0.04 miles NW 0.09 miles E Sale Pdce $ $ '45 500 $ '45 000 c' $ '54,500 Price/ $ $ 8.781 $ 8.691 $ 7.76 %. Data Source(s) Verification Source(s) Inspection MLS Public Records MLS Public Records MLS #211016580 Public Records /A ent VALUE ADJUSTMENT DESCRIPTION DESCRIPTION +( -) % Adjust DESCRIPTION +( -) % Adjust DESCRIPTION +( -) % Adjust Sales or financing Concessions N/A Cash None Cash None Cash None Date of Sale/Time Current 09/11 03/11 05/12 Rights Appraised Fee Simple Fee Simple Fee Simple Fee Simple a' Location Crown Pointe Crown Pointe Crown Pointe Lely Resort a" Site Area 5,787 5,180 5,180 7,024 0 Topography Level Level Level Level View Lake Lake Lake Lake a ar g G Q w Net Adjustment (Total, in $ El + - + E1_1$ + - rn Net Adjustment (Total, in % of $ /) Adjusted Sale Price in $ / Net : % Gross" % $ 8.78 Net % Gross' % $ 8.69 Net. Gross % $ 7.76 <: Summary of Sales Comparison Approach See attached addenda. *Reflects adjusted pricing (estimated contributory value of improvements extracted), see comments in addendum. PROJECT INFORMATION FOR PUDs if applicable) The Subject is part of a Planned Unit Development. G Legal Name of Project: South Shore Villas at Crown Pointe a Describe common elements and recreational facilities: Not material to assignment Indicated Value by: Sales Comparison Approach $ 2,180 273DE) rCE Final Reconciliation All weight given to the Sales Comparison Approach to value. The above value conclusion represents the total appraised just p con ensation relating taking parcels 273DE/TCE g. J' This appraisal is made ® "as is ", or ❑ subject to flue following conditions: See comments in addendum. G Z' 0 ❑ This report is also subject to other Hypothetical Conditions and /or Extraordinary Assumptions as specified in the attached addenda. tu Based upon an inspection of the subject property, defined Scope of Work, Statement of Assumptions and Limiting Conditions, and Appraisers Certifications, my (our) Opinion of the Market Value (or other specified value type), as defined herein, of the real property that is the subject of this report is: $ 2,180 as of: November 14, 2012 which is the effective date of this appraisal. If indicated above this Opinion of Value is subject to Hypothetical Conditions and /or Extraordinary Assumptions included in this report. See attached addenda. ¢' A true and complete copy of this report contains _ pages, including exhibits which are considered an integral part of the report. This appraisal report may not be properly understood without reference to the information contained in the complete report, which contains the following attached exhibits: ❑ Scope of Work ® Limiting condJCertificatons ® Narrative Addendum ® Location Map(s) ❑ Flood Addendum ❑ Additional Sales ❑ Photo Addenda ❑ Parcel Map Hypothetical Conditions ❑ Extraordinary Assumptions ❑ Client Contact: Client Name: Collier County GMD E -Mail Address: 2885 South Horseshoe Drive Naples, FL 34104 APPRAISER W. A krais�� arry riders , SRA C Collier Cou Growth Management Division/LASIP SUPERVISORY APPRAISER (if required) or CO- APPRAISER (if applicable) Supervisory or o- Appraiser Name: Company: Z; S2 Phone: 239.252 -5847 Fax E -Mail: harryhenderson @coliiergov.net Phone: Fax: E -Mail: Date of Report (Signature): 11/14/2012 License or Certification #: RD3475 State: FL Designation: SRA Date of Report (Signature): License or Certification #: State: Designation: Expiration Date of License or Certification: 11/30/2014 Inspection of Subject: ® Did Inspect ❑ Did Not Inspect (Desktop) Date of Inspection: November 14, 2012 Expiration Date of License or Certification: Inspection of Subject: ❑ Did Inspect ❑ Did Not Inspect 1 Date of Inspection: Copyright® 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. ®L+��j, N D Form GPLND — "WinTOTr Packet Page -364- inc. —1- 800- ALAMODE 3/2007 6/25/2013 16.A.1. Supplemental Addendum file NO.273DE/TCE Borrower /Client N/A Property Address 3090 Crown Pointe Blvd W. city Naples County Collier State FL Zip Code 34112 Lender • GP Land : Summary of Sales Comparison Approach The subject and site sales are compared on a unit/price basis ($ /sf); this negates the need for direct lot size adjustments. Note that the lack of villa -type lot sales in the area necessitated the use of improved villa lot sales on the subject street. Using a land allocation technique, the estimated contributory value of the improvements is extracted from sale price leaving the residual land value. This figure is used in the sales grid for comparison with the subject lands. All comps have lake views similar to the subject. The cited sales show an indicated unit/price range of $7.761sf to $8.78 /sf. All factors considered, an upper -range unit price of $8.70 /sf is judged to be most reasonable for the subject lands. The parent tract is therefore valued as follows: 5,787 sf x $8.70 /sf = $50,400 (rounded). Parcel 273DE Analysis The proposed 206 sf drainage easement (Parcel 273DE) will be used for the improvement of an existing weir structure and re- contour of the embankment along the existing water in -take area near the rear of the subject property. These improvements will require the permanent use, by easement, of a triangular area along the rear NW corner of the parent tract covering an area of 206 sf. The encumbrance associated with this usage is estimated at 95% of the fee interest in these lands. The easement area is therefore valued as follows: 206 sf x $8.70 /sf x 95% encumbrance = $1,700 (rounded) Landscape improvements located within the proposed easement area are limited to planted sod and rip rap materials. These items will be replaced in -kind as part of the construction and are therefore not compensable. In the post -take condition this property will have the same functionality /utility as in the pre -take condition; no cure needed and no residual damages. Parcel 273TCE Analysis Parcel 273TCE is a temporary construction easement having a two year term which is needed for the movement of men and equipment during the course of construction of the LASIP improvements at the Parent Tract. The proposed TCE has a land area of 276 sf and is valued based upon a simple capitalized rent formula using the appraised unit/price of $8.70 /sf for these lands: 276 sf x $8.70 /sf x .10 (land capitalization rate) x 2yr term = $480 (rounded). Any site improvements (sod) within the TCE which are disturbed will be replaced as part of the construction. Appraised Compensation: Parcel 273DE: $1,700 Parcel 273TCE: $480 Total Appraised Compensation: $2,180 FormTADD — "WinTOTIPaCket Page - 365- nc. -1- 800 - ALAMODE /0-*,N 6/25/2013 16.A.1. Location Map Borrower /Client N/A Property Address 3090 Crown Pointe Blvd W. city Naples County Collier State FL Zip Code 34112 Lender F FPY J Compa 3048 Crown 0.0! m � /LAY k i ocm RIDGE CROWN n f m m, � AiCcabilly GYE�S , = '3lawiC�;i, D -. Ii f; - QI ID 2 a 'dente Blvd 7 - 1 — - Berkeley Dr_— = _ I {� n Comparable 7 1 � 3166 1 Pointe C �1 0.09 miles �. AV c 3 t - 3 VERD& 1.i.a -'i a T.udorCt k.t._ra Cul, Cob 1N7._ 4� aahu Dr x ' f m --Worrdstorae.Ct: m ¢!Qic o P� 4' au} Cirde - - ' �µ — tote a+zeil o k2�tar. m i3 x t o *r— ,. 30, FormMAP.LOC — "WinTOPacket Page - 366 - z inc. —1- 800 - ALAMODE 6/25/2013 16.A.1. File No. 273DE L 1 1O1V1 V " 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. (Source: FDIC Interagency Appraisal and Evaluation Guidelines, October 27, 1994.) *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 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 titre 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 valued on the basis of it being under responsible ownership. 2. Any sketch provided in the appraisal report may show approximate dimensions of the improvements and is included only to assist the reader of the report in visualizing the property. The appraiser has made no survey of the property. 3. 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, or as otherwise required by law. 4. Any distribution of valuation between land and improvements in the report applies only under the existing program of utilization. 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. t� 5. The appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous waste, 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. This appraisal report must not be considered an environmental assessment of the subject property. 6. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 7. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. 8. 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. 9. 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 identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the 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. 10. The appraiser is not an employee of the company or individual(s) ordering this report and compensation is not contingent upon the reporting of a predetermined value or direction of value or upon an action or event resulting from the analysis, opinions, conclusions, or the use of this report. This assignment is not based on a required minimum, specific valuation, or the approval of a loan. Page 1 of 2 Form ACR2— "winTO1Packet Page - 367- inc. —1- 800- ALAMODE 6/25/2013 16.A.1. File No.273DE/TCE '' 'v' " '*—` CERTIFICATION: The appraiser certifies and agrees that: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial and unbiased professional analyses, opinions, and conclusion. 3. Unless otherwise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal interest interest with respect to the parties involved. 4. Unless otherwise indicated, 1 have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. 1 have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. 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. 8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. 9. Unless otherwise indicated, I have made a personal inspection of the interior and exterior areas of the property that is the subject of this report, and the exteriors of all properties listed as comparables. 10. Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report). ADDRESS OF PROPERTY ANALYZED: 3090 Crown Pointe Blvd w. Naples FL 34112 APPRAi SUPERVISORY or CO- APPRAISER (if applicable): Signature: Signature: Name: a o S Tale: Weview Appraisler Title: �\ State Certification #: RD3475 State Certification #: or State License #: RD3475 or State License #: State: FL Expiration Date of Certification or License: 11/30/2014 State: _ Expiration Date of Certification or License: Date Signed: 11/1412012 Date Signed: ❑ Did ❑ Did Not Inspect Property Page 2 of 2 Form ACR2- "winTO1Packet Page -368- mnc.- 1- 800•ALAMODE