Agenda 04/24/2018 Item #16D1104/24/2018
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Charles Rock and Anne
Gendregske at a cost not to exceed $171,300 to purchase the property at 135 Capri Boulevard,
adjacent to the Isles of Capri Neighborhood Park for additional parking, and authorize the
Chairman to sign the Agreement for Sale and Purchase and staff to take all necessary actions to
close and authorize staff to continue negotiations on 145 Capri Boulevard.
OBJECTIVE: To purchase a tract of land to provide additional parking (135 Capri Boulevard) for the
existing neighborhood park and to allow staff to continue negotiation on 145 Capri Boulevard.
CONSIDERATIONS: At its regular meeting on February 27, 2018, Agenda Item 11F, the Board of
County Commissioners (Board) directed staff to pursue two specific proposed properties to serve as
additional space for the enhancement of amenities available at the Isle of Capri Neighborhood Park (the
“Park”) since the Park has limited land to sustain a community park.
At this time, staff recommends that the Board acquire the property located at 135 Capri Boulevard and not
the property located at 145 Capris Boulevard. However, both properties are summarized below.
Vacant Lot: 135 Capri Boulevard is valued at $153,000. A copy of the in-house
valuation report is attached for reference. It is currently listed for $169,900 and based on
conversations with their accountant, they have indicated it may be increased again. The
standard form Agreement for Sale and Purchase (the “Agreement”), is presented with one
customized provision added. That provision was included at the Sellers’ request, in
Paragraph 14.08. The Sellers have asked that the Agreement be revocable until accepted by
the Purchaser.
In addition to the sale price of $169,900; the licensed Realtor (Jerilyn Neuhaus) who is an
Isles of Capri resident, has a neighborly interest in the enhancement of the Park, and has been
working with Real Property in negotiating with the Sellers and Sellers’ Agent, intends to
credit back her 3% commission of $5,097 to the County; reducing the bottom line purchase
price to $164,803. The standard agreement language that requires brokerage commissions and
fees to be the sole responsibility of the Seller was used. The closing statement will show the
commission deducted from the Seller’s proceeds of the sale and credited to the County.
Duplex Property Update: 145 Capri Boulevard is valued at $176,000. The owner,
Robin Okolski, had the property listed “for sale by owner” for $235,000. The sa me local
Realtor has been representing the County (upon pre-approval by the County Attorney) in
negotiating with the Duplex Seller; who upon reflection, has increased her asking price to
$275,000 as of March 15, 2018. Because the difference between the appraised value and the
Seller’s new asking price has now reached $99,000, it is staff’s recommendation that the
County NOT pursue acquisition at this time, but continue negotiations with the Seller.
Parks and Recreation staff is pursuing Florida Communities Trust (FCT) grant funding from the Florida
Department of Environmental Protection (FDEP). The funding cycle allows for projects to be considered
after they have been acquired and the upcoming cycle is focused on the acquisition of neighborhood
parks. The grant application allows for funding up to 75% of the appraised value of the parcels being
acquired and staff is prepared to advance an application that would be due September 2018 for either both
or one parcel. In the properties listed above $246,750 would be eligible to apply for FCT funding leaving
a balance of $193,053 to be identified from other sources. A summary of the funding below:
16.D.11
Packet Pg. 1043
04/24/2018
Location Appraised Value Asking Price 75% of Appraised
Value/Eligible for
FCT Grant
Application
Amount Needed
to Reach Asking
Price (with FCT
Grant Funds)
135 Capri Blvd. $153,000 $164,803 $114,750 $50,053
145 Capri Blvd $176,000 $275,000 $132,000 $143,000
Total $329,000 $439,803 $246,750 $193,053
FISCAL IMPACT: Funding for the purchase in the amount of $171,300 will come from existing
appropriations within Parks and Recreation Capital Fund (306) which will be re-directed through a budget
amendment from four specific capital project programs originally intended for general repair, replacement
and maintenance of system pathway’s, roads, lighting and equipment. The total outlay should not exceed
$171,300 ($169,900 for the purchase of the property and $1,400 for the title commitment, title policy,
recording fees and associated closing costs) with $5,097 being credited back from the Realtor brokering
the deal. The Parks and Recreation Division will submit a grant for the 135 Capri Blvd. parcel in the
amount of $114,750 and if approved will be used to offset the purchase of that property. If an agreement
for the 145 Capri Blvd. parcel is reached, it will be added to the FCT grant application.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact related to this action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for approval - JAB
RECOMMENDATION: That the Board:
1) Approves and accepts the Agreement for Sale and Purchase for 135 Capri Boulevard;
2) Authorizes the Chairman to execute the Agreement for Sale and Purchase for 135 Capri
Boulevard, and any and all other County Attorney’s Office approved documents related to this
transaction;
3) Authorize staff to proceed to acquire 135 Capri Boulevard, to follow all appropriate closing
procedures, to record the deed and any and all necessary documents to obtain clear title, and to take all
reasonable steps to ensure performance under the Agreement for Sale and Purchase.
4) Appropriate $171,300 in Project # 80380 to purchase and improve Vacant Lot at 135 Capri
Boulevard in the Isles of Capri neighborhood for additional County Parks visitor parking;
5) Authorize the attached Budget Amendment
6) Authorize staff to continue negotiations with the owner of 145 Capri Boulevard at this time in
light of the property’s appraised value.
Prepared By: Deborah Goodaker, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Rock & Gendregske CAO approved PAS (PDF)
2. Vacant Land Appraisal (PDF)
16.D.11
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04/24/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.11
Doc ID: 5275
Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Charles
Rock and Anne Gendregske at a cost not to exceed $171,300 to purchase the property at 135 Capri
Boulevard, adjacent to the Isles of Capri Neighborhood Park for additional parking, and authorize the
Chairman to sign the Agreement for Sale and Purchase and staff to take all necessary actions to close and
authorize staff to continue negotiations on 145 Capri Boulevard.
Meeting Date: 04/24/2018
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
03/30/2018 5:28 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
03/30/2018 5:28 PM
Approved By:
Review:
Parks & Recreation Barry Williams Additional Reviewer Completed 04/02/2018 9:02 AM
Facilities Management Toni Mott Additional Reviewer Completed 04/02/2018 11:55 AM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 04/04/2018 4:25 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 04/05/2018 10:56 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 04/05/2018 8:23 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 04/06/2018 7:48 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/09/2018 3:36 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 04/10/2018 8:17 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2018 8:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/11/2018 1:27 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/17/2018 11:22 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2018 8:00 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM
16.D.11
Packet Pg. 1045
Prolect Captt Park Addttion
Fo∥o: 52398080007
STANDARD FORM
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and bew′een CHARLES ROCK,a singi●
man and ANNE CENDREGSKE, a singie woman,joint tenants with fu∥ rights of
survivorship whose ma∥ing address is 645 Hughes Pt,Har「son,M1 48625-91 37 hereinafter
referred to asぐ 'Se∥er'), and COl∥er County, a po∥t cal subdivision of the State of Florida,
whose mai∥ng address s 3335 Tamiami Tra∥East,Sutte l ol,Naples,FL 34412(here nafter
referred to as・ Purchaser)
W TNESSETH
WHEREAS, Se∥er is the owner of that certain parcel of real prOpeⅢy, |。Cated in co∥er
County, State of Flo百 da, and being mo「e particularly descr bed in Exhibた 'A''(hereinafter
referred tO as the“Prope"・ ),attached hereto and made a pan hereOf by reference
WHEREAS,Purchaser is desirous of purchasing the PropeⅢ/,sublect tO the condniOns and
other agreements hereinafter set forth, and Se∥er is agreeable to such sale and to such
cond tions and agreements
NOW, THEREFORE, and for and in consideraton Of the premises and the「espective
undertakings of the parties hereinafter set forth and the sum of Ten Do∥ars($4000), the
「eceipt and sufficiency of which is hereby acknowledged,itis agreed as fO∥Ows:
I AGREEMENT
1 01 ln consideration of the purchase price and upOn the terms and conditiOns
hereinafter set forth, Se∥er sha∥ se∥tO Purchaser and Purchaser sha∥ purchase from
Se∥erthe PropeⅢ/,descHbed n Exhibtt A"
H PAYMENT OF PURCHASE PRICE
2 01 The purchase prce(the'Purchase Pr ce・ )for the PrOpeny sha∥be one Hund「ed
Sixty‐Nine Thousand Nine Hundred Do∥ars and No Cents(169,90000)(u S Currency)
payable attime of closing
III CLOSING
3 01 The C10sing(THE・ CLOSING DATEⅢ,・ DATE OF CLOSING",OR ⅢCLOSING・ )ofthe t「ansact on sha∥ be held On o「before ninety(90)dayS fO∥。wing executiOn of this
Agreement by the Purchaser,unless extended by mutual written agreement Ofthe parties
③
16.D.11.a
Packet Pg. 1046 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
hereto. The Closing shall be held at the Collier County Attorney's Offlce, Administrataon
Building, 3299 Tamiami Trail East, Suite 800, Naples, Florida. The procedure to be
followed by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined accoding to
applicable title standards adopted by the Florida Bar and in accordance with law. At
the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed and
acknowledged, in recordable form:
3.011'l Warranty Deed in favor of Purchaser conveying tifle to the property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.01 1 2 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit,,, as
required by Section 1445 of the lnternal Revenue Code and as required by the
title insurance underwriter in order to insure the "gap" and issue the policy
contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request ,or Taxpayer ldentification and Certification', as
required by the lnternal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be
delivered to the Seller the following:
3.0121 A wire transfer in an amount equal to the purchase price, subject to
adjustment for prorations as set forth herein and as stated on the closing
statement. No funds shall be disbursed to Seller until the Tifle Company
verifies that the state of the title to the Property has not changed adversely
since the date of the last endorsement to the commitment, referenced in
Section 4.011 thereto, and the Tifle Company is irrevocably committed to pay
the Purchase Price to Seller and to issue the Owner,s tifle policy to purchasei
in accordance with the commitment immediately after the recording of the
deed.
3.02 Each party shall be responsible for payment of its own attorney,s fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statuies,
and the cost of recording any instruments necessary to clear Seller,s tifle to the property.
The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment
⑭
16.D.11.a
Packet Pg. 1047 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
provided for in Section 4.01'1 below, shall be paid by purchaser. The cost of the tifle
commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and paid
by Seller. lf Closing occurs at a date which the current year's millage is not fixed, taxes
will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.0'l Upon execution of this Agreement by both parties or at such other time as specified
within this Article, Purchaser and/or Seller, as the case may be, shall perform the
following within the times stated, which shall be conditions precedent to the Closing;
4.011 Within thirty (30) days after the date hereof, purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Tifle lnsurance policy (ALTA
Form 8-1970) covering the Property, together with hard copies of all exceplions
shown thereon. Purchaser shall have ten (10) days, following receipt of the tifle
insurance commitment, to notify Seller in writing of any objection to tifle other than
liens evidencing monetary obligations, if any, which obligations shall be paid atclosing. lf the title commitment contains exceptions that make the tite
unmarketable, Purchaser shall deliver to the Seller written notice of its intention to
waive the applicable contingencies or to terminate this Agreement.
4.012 lf Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the tifle shall be
deemed acceptable. Upon notification of Purchaser's objection to tifle, Seller shall
have fifteen ('15) days to remedy any defects in order to convey good and marketable
title, except for liens or monetary obligations which will be satisfied at Closing. Seller,
at its sole expense, shall use its best efforts to make such tifle good and mjrketable.ln the event Seller is unable to cure said objections within said time period,
Purchaser, by providing written notice to Seller within seven (7) days after expiration
of said fifteen (15) day period, may accept tifle as it then is, waiving any objeition; or
Purchaser may terminate the Agreement. A failure by purchaser to give such written
notice of lermination within the time period provided herein shall be deemed an
election by Purchaser to accept the exceptions to tille as shown in the tifle
commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current surveyof the Property prepared by a surveyor licensed by the State of Florida. No
adjustments to the Purchase Price shall be made based upon any change to the total
acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing
surveys of the Property, if any, to purchaser within fifteen (1S) days of execution o-f
this Agreement.
③
16.D.11.a
Packet Pg. 1048 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
V APPRAISAL PER10D
5 01 This provisiOn was deleted as an in―house app「aisal was obtained per the
guidelines set forth in Section Two(4)of Ordinance 2007-28
VI INSPECT10N PER10D
6.0'l Purchaser shall have sixty (60) days from the date of this Agreement, ("lnspection
Period"), to determine through appropriate investigation that:
'1. Soil tests and engineering studies indicate that the Property can be developed without
any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the development of
the Property.
3. The Prope(y is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior lo the expiration of the lnspection
Period, written notice of its intention to waive the applicable contingencies or to terminate
this Agreement. lf Purchaser fails to notify the Seller in writing of its specific objections
as provided herein within the lnspection Period, it shall be deemed that the Purchaser is
satisfied with the results of its investigations and the contingencies of this Article V shall
be deemed waived. ln the event Purchaser elects to terminate this Agreement because
of the right of inspection, Purchaser shall deliver to Seller copies of all engineering
reports and environmental and soil testing results commissioned by Purchaser with
respect to the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation. Purchaser
shall, in performing such tests, use due care and shall indemnify Seller on account of any
loss or damages occasioned thereby and against any claim made against Seller as a
result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four
(24) hours prior to said inspection of the Property.
VII, INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
③
16.D.11.a
Packet Pg. 1049 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall
prorated at Closing based upon the gross amount of 2018 taxes, and shall be paid
Seller.
X, TERMINATION AND REMEDIES
10.01 lf Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten ('10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
10.02 lf the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the lerms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right
lo terminate and cancel this Agreement by giving written notice thereof to Purchaser, and
neither party shall have any further liability or obligation to the other except as sel for in
paragraph 13.01 (Real Estate Brokers) hereof.
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or other
action shall be entitled, in addition to such relief as may be granted, to a reasonable sum
for its atlorney's fees, paralegal charges and all fees and costs for appellate proceedings
in such litigation or other action; which sum may be determined by the court or in a
separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of the
parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
1 1.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to execute
this Agreement and to undertake all actions and to perform all tasks required of each
hereunder. Seller is not presently the subject of a pending, threatened or
contemplated bankruptcy proceeding.
③
16.D.11.a
Packet Pg. 1050 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
'11.012 Seller has full right, power, and authority to own and operate the property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals shall
be delivered to Purchaser and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the property to purchaser
according to the terms of this Agreement.
1 1 .015 No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the property or any
rights therein, nor enter into any agreements granting any person or entity any righta
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
'11.0'17 To the best of Seller's knowledge, there are no incinerators, septic tanks or
cesspools on the Property, all waste, if any, is discharged into a public sanitary sewer
system; Seller has no knowledge that any pollutants are or have been disChargedfrom the Property, directly or indirectly into any body of water. Seller has no
knowledge the Prope(y has not been used for the production, handling, storage,
transportation, manufacture or disposal of hazardous or loxic substances or wastes,
as such terms are defined in applicable laws and regulations, or any other activitythat would have toxic results, and no such hazardous or toxic substances arecurrently used in connection with the operation of the property, and there is noproceeding or inquiry by any authority with respect thereto. Seller has no knowledge
that there is ground water contamination on the property or potential of ground watlr
contamination from neighboring properties. Seller has no knowledge of storage tanks
for gasoline or any other substances are or were located on the pioperty at iny time
during or prior to Seller's ownership thereof. Seller represents none ofihe property
has been used as a sanitary landfill.O16.D.11.a
Packet Pg. 1051 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
1 '1.018 Seller has no knowledge that the Property and Seller's operations concerning
the Property are in violation of any applicable Federal, State or local statute, law or
regulation, or of any notice from any governmental body has been served upon Seller
claiming any violation of any law, ordinance, code or regulation or requiring or calling
attention to the need for any work, repairs, construction, alterations or installation on
or in connection with the Property in order to comply with any laws, ordinances,
codes or regulation with which Seller has not complied.
1 1 .0'19 There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, managemenl, leasing, employment,
service or other contracts affecting the Property.
1 1.020 Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefor, proposals for public improvement assessmenls,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or requirements,
formal or informal, existing or pending or threatened which affects the Property or
which adversely affects Seller's ability to perform hereunder; nor is there any other
charge or expense upon or related to the Property which has not been disclosed to
Purchaser in writing prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Prope(y and not to do any act
or omit to perform any act which would change the zoning or physical condition of the
Property or the governmental ordinances or laws governing same. Seller also agrees
to notify Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed change in the zoning, or any other
action or notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property which
may restrict or change any other condition of the Property.
11.O22 Al the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the Closing.
11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees) asserted
against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or common law relating to
③
16.D.11.a
Packet Pg. 1052 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
pollution or protection of the environment which shall be in accordance with. but not
limited to, the Comprehensive Environmental Response, Compensation, and Liability
Act of '1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund,,), which was
amended and upgraded by the Superfund Amendment and Reauthorization Act of
1986 ('SARA), including any amendments or successor in function to these acts.
This provision and the rights of Purchaser, hereunder, shall survive Closing and are
not deemed satisfied by conveyance of title.
1'1.O24 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
XII, NOTICES
12.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered, or certified mail, return
receipt requested, postage prepaid, addressed as follows:
lf to Purchaser:
With a copy to:
lfto Se∥er
Real Property Management Department
Administration Building
3335 Tamiami Trail East - Suite 101
Naples, Florida 34112
Office of the County Attorney
Administration Building
3299 Tamiami Trail East - Suite 800
Naples, Florida 34112
Charles Rock & Anne Gendregske
64 Hughes Pt.
Harrison, Ml 48625-9'137
With a copy to:
12.02 The addressees and addresses for the purpose of this Article may be changed by
either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only,
unless and until such written notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes.
16.D.11.a
Packet Pg. 1053 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
XIII, REAL ESTATE BROKERS
13.0'l Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separale agreement, if any.
XIV, MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context so
requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and execuled and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or intent
of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and gender
in which used, shall be deemed to include any other gender or number as the context or
the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
14.07 lf any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended t6 tne next
succeeding business day.
14.08 Seller is aware of and understands that the,,offer,,to purchase represented by thisAgreement is s_ugjecl to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
③
16.D.11.a
Packet Pg. 1054 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
14.09 lf the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes, under
oath, of the name and address of every person having a beneficial interest in the
Property before Property held in such capacity is conveyed to collier county. (lf the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it
is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
14.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XV. ENTIREAGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
lN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjecUAcquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
AttTEST:
DWiGHT E BROCK,Clerk
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISS10NERS
COLLIER COUNTY,FLORIDA
BY:
ANDY SOLIS,Chairman
■016.D.11.a
Packet Pg. 1055 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
AS TO SELLER:
DATED:
WITNESSESi
BY:
(Signature)CHARLES ROCK
(Printed Name)
(Signature)
(Printed Name)
WiTNESSES:
BY:
(Signature)ANNE GENDRECSKE
(P面 nted Name)
(Signature)
(Printed Name)
■■
16.D.11.a
Packet Pg. 1056 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
EXHIBIT“A"
Lot 340, lsles of Capri No 2, according to the Plat thereof as recorded in Plat
Book 3,Page 46,ofthe Pub∥c Records of Co∥ier County,Florida
■216.D.11.a
Packet Pg. 1057 Attachment: Rock & Gendregske CAO approved PAS (5275 : PAS Rock & Gendregske)
Isles of Capri Vacant Land Appraisal Report
Roosevelt Leonard, R/W-AC
Sr. Review Appraiser
-Rfucawrw---a^./\-.<.
Facilities Managemc nl Div isio n
3335 Tamiami Trail E Ste. l0l
Naples, FL 34112 Ph:239-252-2621
PREPARED FOB AND PBOPEBTY OF
COLLIER COUNTY BOARD OF COMMISSIONERS
RELIANCE UPON APPRAISAL FOR OTHER
USES 18 NOT WANRANTED
B
16.D.11.b
Packet Pg. 1058 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
Real Property Management
3335 Tamiami Trail E Ste 101
Naples, FL 341 12
Toni A. Mott, SRII/VA Mgr
Pursuant to your verbal authorization, I have completed a residential vacant land appraisal
report for the purpose of determining the fair market value of the 0.20 acre vacant residential
property located at 135 Capri Blvd, Naples, FL 341 13
This report has been prepared for our client Parks & Recreation/BCC. The intended use and
intended users are discussed within the appraisal report. The scope of work performed is
specific to the needs of the intended user and the intended use. No other user is intended, and
the scope of this appraisal report may not be appropriate for other uses. The scope of work
performed included a complete analysis of the Subject Property with the sales approach to
value included.
After the review of the market data of the subject property and based on subsequent research
and analysis of pertinent market data, it is my opinion the fair market valuation for the subject
property as of January 25, 2018, is: $153,000
1t25/20t8
Roosevelt
Certified Real Estate Appraiser
RD 3287
PREPARED FOR ANO PBOPERTY OF
COLLIEE COUNTY EOARD OF COMMISSIONERS
RELIANCE UPON APPRAISAL FOR OTHER
USES IS NOT WABBANTED
16.D.11.b
Packet Pg. 1059 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
The Subject Property (Currently listed for sale)
I35 Copri Blvd, NAPLES
$159,900
MLSE,# 2t7008758
,{t
Parcel No.
Name / Address
Map No
Millase Area O Fil
Sub./Condo
Use Code O
426700 - rStES OF CAPRT UNIT 2
O - VACANT RES!DENTIAI.
Site Adr.
GENDREGSKE, ANNE
645 HUGHES PI
ci.v FARR_llql
Strap No.
426700 3406832 tr
Legal rsrEs oF cAPRr No 2 toT 340
Zip 48625-9137
Section Township Range Acres *Estimated
Millage Rates O *Calculations
School Other Total
PREPARED FOR AND PBOPERTY OF
COLLIER COUNTY BOARD OF COMMISSIONEBS
RELIANCE UPON APPRAISAL FOR OTHEF
USES IS NOT WARRANTEO
35 CAPRI B FL 3411NAP
CHAR
State @
I
fs3a4
ftr-,
F
16.D.11.b
Packet Pg. 1060 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
lVarket Snapshot
'l Month Ago Year Ago
Active lnventory
[tledian Lrst Price
% Distressed O
Median Days on Movoto
Median House Size
Median S/Sqft
5,344
s450,000
0%
82
1,975
728
5,007
s457,900
5,495 -2?"
s479.900 -6%
0%
93 -r1%
2008 -1%
232 -19o
mg
92
1,995
Overview
The median list price in Naples is 5450,000. The median list price in Naples went down 1% from undefined to January. Naples's home resale
inventories is 5,344, which increased 6 percent since undefined 2018. The median list price per square foot in Naples is 5228. undefined 201 8 was
s227
Distressed properties such as foreclosures and short sales remained the same as a percentage of the total market in January. Naples, Florida real
estate market statistics are calculated by Movoto every day from various sources so that you can stay up-to-date with trends in the Naples homes
for sale market. Movoto displays information on foreclosures, short-sales. and BEO (real estate owned) properties in both charts and graphs so
that you can see the percentage of distressed listings in Naples. Movoto is your comprehensive source for Naples property information. We try to
display data that is as accurate as possible. but we cannot guarantee the accuracy of our statistics. The data on this page is for informational
purposes only.
-
Naples
470K
465K
't50K
455K
450K
0%
- 10%
-1%
227
"s\1
F$q "5eQ
x$n1 ^o{oo"aro{
xs{1 9d,"it
)o$
d$"
The scope of the vacant land appraisal report: The appraiser will perfonn market research and provide
the analysis of that research in a format that is recognized by the appraisal industry. This includes but
limited to inspection of the subject property, comparable sales chart, and reviewing market data.
The intended use and users: The intended use of this appraisal report is for internal use by decision
making by staff and the Collier County BCC. The users of this report are staff and Collier County BCC
and any other use is not warranted.
PHEPARED FOR AND PBOPERTY OI.
COLLIER COUNW BOARD OF COMMISSIONEIiI.
BELIANCE UPON APPBAISAL FOR OTHEF
USES IS NOI WARRANTETI
Today
16.D.11.b
Packet Pg. 1061 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
s2398080007 Property Address I35 CAPRI BLVD NAPLES, FL34I13
Owner Nrme RO(IX. ( HARLUS
Addrcsses (,15 III (; t,ts pt
City IA{RRISON State zip {8625
Lcgrl ISLf,s oF C,APRI No2 LoT 3.IO
Section Towtrship Range Acrcs Mrp No.Strep No.
32 5l 26
TYPE.VACANT LAND '5 Mill.gc Arer ! Milrgc
! use Code
SUBJECT PROPERTY COMPARABLE NO, 1 COMPARABLE NO,2 COMPARABLE NO, 3
'35
CAPRI BLVD 109 W HILO ST 161 TAHITI CIR 143 SAN SALVADOR ST
Proximity to Sublect TX tD 52394360006 rx rD 52337520005
Sales Price $'t 22.500 $145,000 $245 000
Unit Price
Data Source Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data
Date of Sale & Time
Adjustment
DESCRIPTION +/_$
Adiustment DESCRIPTION +/_$
Adjustment DESCRIPTION +/-$
Adjustment
05t23t16 $24,500 o3t29t17 $7,2s0 07t18t17 $ 12,250
Location ISLES OF CAPRI SAME $o SAME $0
LOT UT LITY VACANT LAND VACANT LAND $0 $o $0
SIZE /PARENT TRACT O,2O ACRE $0 0,18 ACRE $o 0.15 ACRE $0
ROAD FRONTAGE CORNER. INLAND LOT INLAND LOT $0 INLAND LOT $0 CANAL LOT.SUP MTNUS 98,000
ACCESS ACCESS ACCESS ACCESS $o ACCESS SO
ZONING RESIDENTIAL $0 RESIDENTIAL $o RESIDENTIAL $0
Sales or Financing
Concessions CASH CASH CASH
Net Adj. (Total)$24,500 $7.250 85 750 MINUS
lndicated Value of
Subject $152.250 $159.250
Comments on the Market Data: Utilizing the current Real E state market closed sales data, the highest and best use for the parcel is improved residentialJlre
average of all three comparables is $152,833 rounded to be $153,000 dollars. Other market data in this report is presented as supporting market data. (other
shown listings and sales)
Comments and Conditions qtAppraisal: The interest being appraised is fee simpte, and the highest and best use of the parcel is considered vacant. The 4
elements of H & B use are considered, and the sales approach is considered most reliable. The appraiser's decisions and scope of work are relevant to any
characteristics applicable to extraordinary assumptions or hypothetical conditions. The three approaches to value are considered, however, only the sales
approach applies to the appraisal scope of the assignment.
Final Reconciliation: All three approaches were considered in the valuation of this parc€1. The sales approach method is gi ven most weight. The value of the
opinions and conclusions may be affected due to later known or unknown adveEe conditions that exist with the subject property
Mathematically: The subject prcpefty is 0.20ac vacanl lot indicated as $153,000 do ars
Appraiser '1125t2018
Land Appraisal Report, Appraisal Form 02 Rev.4/19/06
Folio No.
SHORT FORM REPORT
VACANT LAND APPRAISAL
0.2
RfSIDf,NTIAL
MI
TX tD 52393720003
VACANT LAND
PROPERTY APPR REC
SAME
VACANT LAND
0,15 ACRE
RESIDENTIAL
$147,000
PREPARED FOR AND PROPERTY OI
COLLIER COUNTY BOARD OF COMMISSIONERg
IiELIANCE UPON APPBAISAL FOB OTHEB
USES IS NOT WANhANTFDRoosevelt Leonard, RM-AC
16.D.11.b
Packet Pg. 1062 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
COMPARABLE SALES PICTURES
SL. 10t W HILO SI. XAtLES, F. il.l l!
*t4. t5l T xm cll' x/lrlEs, R. !!tt I t
,LL.. l4t l lls IVADOI 5I. tlArtls. Ft r4tll
coMP 1 s 122,500
coMP 2 514s,000
PREPARED FOR AND PHOPERIY OF
COLLIER COUNTY BOAHD OF COMMISSIONEBS
RELIANCE UPON APPRAISAL FOF OTHEE
USES IS NOT WABFAI.ITEO
II
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16.D.11.b
Packet Pg. 1063 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
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uEDARCr........
CENTURYCT..,,.
CHALMER DR .. ...
CHANNELCT..,,.
CHESTI{UT CT . ...
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cLtFIoN CT ......
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coLLlER CT .. .....
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coNovER cT .. ....
COPELANDAV S .,.
COPELAND DR . ....
COPPERFIELD CT ..
CoRAL CT... . .. ...
CoRoNADO CT . ...
COTTAGE CT ......
CoTTONWOOo CT..
covEwooo cT .. ..
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FOURW|NoS AV .
FREEPORTAV ..
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GALLEON CT .. .
GAYER IYY . ..
GERANIUM CT . ,
GIRALDA CT ,.. .
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GRANADA OR ,, -
GRAPEWOOO CT ,
GRAYCT,.......
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tRoNwooo cT, .. .rvoRYcT........
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JAMAICA CT ., ...
JAI'AICA DR ......
JAMAICA R0.., ...
JAVA CT .. ......
JOY CrR S&W .,.. ..
JUNE CT ..........
JUNIPER CT ...... .
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K|NGSTOT{ CT .... .
KIRK TER . ,..... ..
KIRKWOOD ST .... .
KON TIKI DR ., - ,. .
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LAMBERT DR .... ..
LAMPLIGHTER CT . .
LAMPLIGHTER DR ..
LANDMARK ST.....
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MAYWOOD CT ....
IlclLVAlNECT.....
IIIEAOOW LARK CT ,
MEDEIRA ..,... - -
MENDELAV.......
MENORCA CT ......
MERRIMAC AV . .,.,
MIDLAND CT .......
MILAN CT .. .... ...
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RICHARDS CT
RICHMOND CT ..
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RIVER CT .. .
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ROCKHILL CT .
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81"43' 1" W
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MARCO ISLAND
760 North Collier Boulevard, Suite l0l
Marco
*-fllil I r
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CHABITY
ISIAND
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16.D.11.b
Packet Pg. 1064 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
SUPPORTING MARKET DATA
PREPARED FOR AND PROPERTY OF
JOLLIER COUNTY BOABD OF COMMISSIONERS
RELIANCE UPON APPRAISAL FOR OTHEF
USES IS NOT WABBANTET)
16.D.11.b
Packet Pg. 1065 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
Comparable Listings and Comparable sales in Marco Island, FL
Recently Sold
1557 San Marco Rd, Marco Island 8/1712017 for $118,000 0.25ac
Recently Sold
1407 Delbrook Way, Marco Island 8/ll/2017 for $153,000 0.20 ac
PREPARED FOB AND PBOPERTY OF
OOLLIEB COUNTY BOARD OF COMMISSIONERi
HELIANCE UPON APPBAISAL FOR OTHEF
USES IS NOT WARRANTEN
1..
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16.D.11.b
Packet Pg. 1066 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
l4l8 San Marco Road.
Nhrco lsland, FL 34145
$l60,000
Lotq/Land Active
O.2 Acres
tDx
Lot5,/Land Active
O24 Acres
Woted 6 doys ogo
UTE
-
}J
Comparable Listings and Comparable sales in Marco Island, FL
Current Listings
Pf,EPAFED FOR AND PROPERTY OF
COTLIER COUNTY BOARD OF COM[,IISSIONERS
RELIANCE UPON APPRAISAL FOR OTHER
USES 1S NOT WAEBANIEI')
B
tT,\
lr I
l
125 Delbrook Way.
Itfurco lsland, FL 34145
$l57,OOO
Listed by Stefan Alber
(239) 404.6171
EE
16.D.11.b
Packet Pg. 1067 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
Current Vacant Land Listings (Isles of Capri)
I3l Trinidod St, NAPES
$299.000
MLSB # 2t6(N4147
"6
6l Pelicon St NAPIES
sr65.000
Mtsr, # 211065944
"ll
0.15ac Canal Front $299,000
Pf,EPARED FOR AND PROPERTY OF
30LLlER CoUNW B0ABD 0F CoMli.tlSSl0NERS
EELIANCE UPON APPRAISAL FOR OTHER
USES IS NOT T{,ARNA TED
0.16ac Inland Corner Lot
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16.D.11.b
Packet Pg. 1068 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
Statement of Limiting Conditions and
Appraiseds Certifi cation
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive md open
muket mder all conditions requisite lo a fair sale, the buyer md seller, each acting prudently, knowledgably md assming the
price is not affected by udue stimulus- Implicit in this definition is the consrunmation of a sle as of a specified date md the
passing of title flom seller to buyer under conditions whereby: ( I ) buyer md seller ue typically motivated; (2) both panies re
well inlonned or well advised, and ach acting in what he considers his own best interesl; (3) a reasonable time is allowed for
exposure in the open market; (4) payment is made in tenns of cmh in U. S. dollus or in tems of financial anmgements
comparable thereto; and (5) the price represents the nomal considemtion lor the property sold maffected 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 mles concessions. No adjustnents ile
necessary for those costs which ae nomally paid by sellere as a result oftradition or law in a market area; these cosls are readily
identifiablesincethesellerpaysthesecostsinvirtuallyallsalestransactions. Specialormeativefinmcingadjustmentscanbe
made to the compamble property by cornparisons to financing tems offered by a third Party institutional lender that is not
already involved in the property or trmection. Any adjuslment should not be calculated on a mechmical dolla for dolla cost of
the finmcing or concession but the dolla amount ofany adjustment. should approximate the milket's reaction to the financing or
concessions based on the appmiser's judgrnent.
STATEiVIENT O}- LIiVIITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appem in the appraisal report is subject
to the following conditions:
I . 1'he appraiser will not be responsible for matters o f a legal nature that afl'ect eitlrer the property being appmised or the title
to il. The appraiser assumes that the title is good md marketable and, therefore, will not render any opinions about the title. The
property is appraised on the basis ofit being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal ,eport to show approximate dimensions ofthe improvements and *re
sketch is included only to assisl the reader ofthe reporl in visulizing the property md understanding the appraiser's
determilation of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Managemmt Agency (or
odter data sources) md has noted in the appraisal report whether the subject site is located in m identified Special Flood Hzrd
Area. B6ause the appraiser is not a suNeyor, he or she makes no guarantm, express or implied, reguding this delemination.
4. The appraiser will not give testimony or appear in coun because he or she made an appmisal ofthe property in question,
mless specific mmgemmts to do so have been made beforehand.
5. The appraiser has estimated the value ofthe lmd in the cost approach at its highest and best use and the improvements at
their contributory value. These separate valuations ofthe land and improvements must not be used in conjmction with any other
appraisal md re invalid if they are so ued.
6. The apprairer h6 noted in the appraiml reporl any adverse conditions (such as, neded repairs, depreciation, the presence of
hzardous wastes, toxic strbstances, etc.) obrerved during the inspection ofthe subject property or that he or she became aware of
duing the nomal reseuch involved in perfoming the appmisal. Unless otheryise stated in the appraisal report, the appraiser
has no knowledge ofmy hidden or unappilent conditions ofthe property or adverse enviromental conditions (including the
presence ofhazardous wastes, toxic substances, etc.) that would make the property more or less valuable, md has assumed that
there re no such conditions and makes no gutrantees or warmties. express or implied, regrding the condition ofthe property.
The appraiser will not be rmponsible for any such conditions that do exist or for my engineering or tcling that might be required
to discover whether such conditions exist. Because the appraisei is not an expert in the field ofenvironmental hards, the
appmisal report must not be considered ru an environmental assessment ofthe property.
7. The appraiser obtained the infomation, estimates, md opinions that were expressed in the appraisal report fiom sources
that he or she considers to be reliable md believes them to be true md corect. The appraiser does not assume responsibility for
the accuracy of such items that were fumished by other panim.
8. The apprairer will not disclose the contents ofthe appraisal report except as provided for in the Unifom Standards of
Professional Appraisal Pmctice.
9. The appraiser has based his or her appraisal report md valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the 6sumption that completion of the improvements will be perfomed in a workmanlike
mmer.
1 0. rn" appraisr mut provide his or her prior written consent before the lender/client, specified in the appmiul repon cm
distribute the appraisal repon (including conclusions about the property value, the appraiser's identity and professional
designations, and references to any professional appraisal orgmizations or the finn with which the appmiser is associated) lo
myone other than the bonower; the mortgage or its successors md assigns; the mortgage insurer: consultmts; professional
appraisal organizations: any state or federally approved financial institution: or any department, agency, or instrumentality ofthe
United States or my state or the District ofColumbia; except that the lender,/client may distribute the property description
section of lhe report only to data collection or reporting service(s) without, having to obtain the appraise/s prior wriften consent.
The appraiser's wrinen consent and approval mNt also be obtained belore the appraisal can be conveyed by anyone to the public
through advertising, public relatiom, news, sales, or other media.
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16.D.11.b
Packet Pg. 1069 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees thar:
l l have rserched the subjecl market rea md halve selected a minimrm of thrce recent sales ofpropertis most Similar and
Proximate to the subject property for consideration in the sales comparison malysis and have made a dollar adjustment when
appropriate to reflrct the milket raction to those items of significmt vuiation. if a significmt item in a compamble property is
superior to or more favomble than, the subject property. I have made a negative adjustment to reduce the adjusted sales price of
the compuable md, ifa significant item in a compamble property is inferior to. or leSs favorable than the subject property, I have
made a positive adjustment to increase the a justed sales price of the compmble.
2 l have laken into consideration the facton that have an impact on value in my development ofthe eslimate ofmilket value in
the appraisal repon l haYe not knowingly withheld uy significmt infomation from the appraisal repon and I believe, to the
best ofmy knowledge, that ail statements and infonnation in the appraisar report ile true and
"o.aat.'3' I stated in the appraisal report only my own personal, unbiaed, and professional analysis, opinions, and conclusions,
which; re subjrct only to fie contingent md limiting conditions specified in this fom.
4 I have no Present or prospective intsest 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 md/or lhe estimate ofmarket value in the appraisal report on the race, color, religion, sex, hmdicap,familial status, or national origin ofeither the prospective owne6 or occupants ofthe subject propeny or ofthe presnt owners
or rccupmts of the properties in lhe vicinity of the subject property.
5 I have no present or conlemplated future interest in the subject property, and neither my curent or futue mployment nor
my compensation for perfoming this appraisar is contingent on the appraised value ofthe property.
6 l was not required to report a predetemined value or direction in value that favors the cause ofthe client or any relatedparty, the amount of the value estimate. the anainment of a specific result, or lhe occurence of a subsequent event in order to
receive my compenudon and for employment for performing the appraisal. I did not base the appmisal report on a requestd
minimtm valuation, a specific valuation, or the need to approve a specific mortgage loan
7' I perfonned tlris appraisal in confomity with the Unifom Standards ofProfessional Appraisal practice that were adoptedild promulgated by the Appmisal Standards Board ofthe Appraisal Foundation md that *eie in place as ofthe effective date ofthisappraisal,withtheexceptionofthedepartureprovisionofthosesrandards,whichdoesnotapply. Iacknowledgethatan
eslimate ofa reasonable time for exposure in the open mnket is a condition in the definition ofmarket value and the estimate Ideveloped is consistent wilh the rnuketing time noted in the neighborhood section ofthis report, unless I have otheMise stated inthe reconciliation section.
8 l have personally inspected the interior md exterior areas ofthe subject property md the exterior ofall propenies listed ascomprables in the appraisal report. I further certiry that I have noted my appuent or knom adverse conditions in the subjectimprovements, on lhe subject site, or on any site within the immediate vicinity ofthe subject property ofwhich I am awue andhave made adjusnnents for these adverse conditions in my malysis o[the property value io the e*t"ni tnut I had market evidencetosupportthem. Ihavealsocommentedabouttfieeffectoftheadverseconditionsonthemarkatabilityofthesubjectproperty.
9' I personally prepaed all conclusions md opinions about the rel estate that were set forth in the appraisal report. Ifl relied
on significant professional assistance fiorn my individual or individuals in the perfomance ofthe appmisal or the preparation ofthe appmisal repon, I have naned such individual(s) and disclosed the specific tasks perfomed by them in the reconciliation
section ofthis appraisal report. I certify that any individual so named is qmlified to perfom the tasks. I have notauthorized
anyone to make a change to any item in the report; therefore, ifan unauthorized chmge is made to the appraisl report, I will takeno responsibility for it.
SUPERYISoRY APPRAISER's CERTIFICATION: If a supenisory apprairer signed the appraisal report, he or she certifiesand agrfts lhat: I directly superuise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agreewith the statements and conclusions of the appraiser, agree ro be bound by the appmiser,s ce(ifications nmbered 4 tfuough 7above. and am taking full responsibility forthe appraisal md the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
APPRAISER:
Date Date
StateCertifiqrion d R;D,ji' Z 6-h State Cenification
or State License #or State Licenre
SUPERV'ISORY APPRAISER (only if required):
Expiration Date ofCeftification or License:_
E ola E Did Not lnspecl properry
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Expiration Date ofCertification or License: / /
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16.D.11.b
Packet Pg. 1070 Attachment: Vacant Land Appraisal (5275 : PAS Rock & Gendregske)