Agenda 12/13/2011 Item #16C13Proposed Agenda Changes
Board of County Commissioners Meeting
December 13, 2011
DELETE ITEM #16C13: RECOMMENDATION TO APPROVE AN
AGREEMENT WITH ADAM J. PISKADLO AND BARBARA K. PISKADLO
FOR THE PURCHASE OF PROPERTY FOR THE RELOCATION OF SUB
MASTER PUMPING STATION 300.06 AT A COST NOT TO EXCEED
$78,000, PROJECT NUMBER 70046. (STAFF'S REQUEST DUE TO
RECONSIDERATION OF SALE BY PROPERTY OWNER)
Continue Item 9K to the lanuary 10.2012 BCC Meeting., This item continued from the November 8, 2011
BCC Meeting. Recommendation to approve a Resolution acknowledging the Board of County Commissioners
support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more
independent special districts. (Commissioner Henning's request)
Move Item 16A4 to Item l _., This item requires ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve recording the final plat of Arthrex Commerce Park, approve the standard form Construction and
Maintenance Agreement and approve amount of the.performance security (Commissioner Hiller's request)
Move Item 16A16 to item 100: Recommendation to approve the release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, Code Enforcement Board Case
No. 2002 -008, relating to property located at 2990 Sunset Boulevard, Collier County, Florida.
(Commissioner Hiller's request)
Move Item 16A1 to Item 10L: This item requires ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation the
Board of County Commissioners accept a process to review past Staff Clarifications and Official
Interpretations of the Land Development and Building Codes and accept specific Staff Clarifications and
Official Interpretations attached to the Executive Summary. (Official Interpretations are quasi- judicial.)
(Commissioner Henning's request)
Move Item 16A21 to Item 10N• Recommendation to approve the issuance of a building permit prior to the
approval of a Planned Unit Development Rezone and Site Development Plan Amendment, for a twenty five
thousand square -foot classroom and office addition to the existing Community School of Naples, not to
exceed the same existing upper school building height of thirty two feet. (Commissioner Hiller's request)
MoYe Item 4 to Item 10M• Recommendation to direct the County Manager, or his designee, to suspend
the collection of Affordable Housing Contributions, pending the Board's decision on a Land Development
Code Amendment to remove Affordable Housing Contribution commitments. (Commissioner Hiller's
request)
1..V11ullue'tell, 10440 to me lanuaa Z4. Z lz HCC Meeting: Recommendation to approve the third
amendment to the cooperative agreement with the South Florida Water Management District, Agreement
No. C- 11759, regarding operation and maintenance of designated primary watercourses in Collier County,
modifying the agreement terms and extending the term until September 30, 2024. (Staffs request to address
concerns with property owners along affected canals that are subjects of the agreement~)
Move Item 16132 to Item 13133: Recommendation to approve a Resolution certifying the statutory dedication
and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston,
Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section
4, Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, by virtue of the
County's continuous and uninterrupted maintenance of the roadway in excess of seven years and authorize
the filing of a Right -of -Way map being more specifically shown in Exhibit "A" (Fiscal Impact: $53.50).
(Commissioner Hiller's request)
,Continue Indefinitely Item 16D12• Recommendation to approve and authorize the Chairman to sign the
"Certification for Implementation of Regulatory Reform Activities Required by S.H.I.P" and reports for fiscal
years 2006/07,2007/08, and 2008/09 and authorize submission to Florida Housing Finance Corporation to
ensure compliance with program requirements. (Staffs request. Allow additional time to collaborate with
the Florida Housing Coalition (FHC), the County's SHIP technical advisor, on report contents.)
Move Item 16G2 to Item 13A3: Recommendation to approve and ratify Staffs au-thoAzatisn unauthorized
approval of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA (Work Order
#4500116917) and make a finding of ggantuM meruit in order to process invoices for Phase 2 permitting
work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language revised at
County Attorney's request)
Move item 16G3 to Item 13A4: Recommendation to approve and ratify Staffs alien unauthorized
approval of Change Order #2 to Passarella and Associates, Inc. (Work Order #4500116918) for a time
extension and make a finding of auantUm meruit in order to process invoices for Phase II environmental
permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language
revised at County Attorney's request)
Move Item 17 to Item 8C: Recommendation to approve a resolution allowing the Collier County Water-
Sewer District to expand the water and wastewater service district boundaries to include portions of the
development known as Hacienda Lakes, and surrounding areas, that are currently outside the existing
boundaries. (Commissioner Hiller's request)
►M
Items 13A3 and 13A4: Requested to be heard prior to Item 13A1. (Commissioner Hiller's request)
Item 16A6 requires that ex parte disclosure be provided by Commission members. Should a hearing be held
on this item, all participants are required to be sworn in. (County Attorney's request)
Item 9M to be heard at 5:00 p.m.
Item 9L to be heard at 5:15 p.m.
Item 10B to be heard at 10 :45 a.m.
Item 10H to be heard at 1:00 p.m., followed by Items 10L, 10I and 8A
Item 11A to be heard at 4:30 p.m.
Item 12A to be heard at 4:00 p.m.
12/14/2011 1.0:33 ANJ
12/13/2011 Item 16.C.13.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement with Adam J. Piskadlo and Barbara K.
Piskadlo for the purchase of property for the relocation of sub- master pumping station
300.06 at a cost not to exceed $78,000, Project Number 70046.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board), as
the Governing Body of Collier County and as ex- officio the Governing Board of the Collier
County Water -Sewer District (District) approve the attached Purchase and Sale Agreement for
the purchase of a tract of land to relocate sub - master pumping station 300.06. The public purpose
is to bring outdated utility infrastructure into compliance with current County standards while
meeting demand; to protect public safety; and to provide for proactive environmental
protections. Public purpose also includes providing for the safety of the operations staff of the
County's Wastewater Department who maintains the utility infrastructure.
CONSIDERATIONS: On June 24, 2008, as Agenda Item 10G, the Board of County
Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the
requirement for rehabilitating wastewater pump stations. The proposed scope of work for
Project 70046, "Lift Station/Sub- Master Pump Station Technical Support," is consistent with the
2010 Wastewater CIP Update, page 2 of 4, line 66, as identified in the 2011 User Fee Rate
Study.
A sub - master pump station handles wastewater flows from a large regional area and pumps
directly to a master pump station. Sub - master pump station 300.06 does not comply with the
Collier County Utility Standards, is approximately 25 years old, and is in need of rehabilitation.
Required changes include but are not limited to: a larger wetwell, pumps, piping, grounding,
control panel, emergency power and odor control. Sub - master pump station 300.06 is located in
the median of St. Andrews Boulevard. There is inadequate space to locate the required
equipment, and construction activities would impact traffic for several months. Furthermore, the
median location places hardship on the Wastewater Department staff who maintains the pump
station. There is insufficient room in the median to perform maintenance which necessitates the
blocking of a travel lane of a busy and very narrow roadway that shares its width with a bicycle
path.
The purchase of an available vacant lot in close proximity to the current location will provide
ample space for the construction of a compliant sub - master pump station to replace the existing
outdated infrastructure. During construction, the new pump station can be completely built
without requiring expensive, high -risk bypass pumping of sewage. Operations will only be
affected at the end of the project when the new pump station is connected and the old one
disconnected. Furthermore, the new sub - master pump station will be safer to operate and
maintain since it will no longer be located in the median of St. Andrews Boulevard.
A location map depicting the existing and proposed future location of sub - master pumping
station 300.06 is attached.
Real Property Management's in -house Real Estate Appraiser has determined the fair market
value of the property to be $75,000. The property owner has agreed to convey the property to the
District for $75,000. Please reference the attached business case which justifies this expenditure.
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12/13/2011 Item 16.C.13.
Once this real property transaction is complete, the design of sub - master pump station 300.06
will resume. Later in FY 12, there will be a request to the board for the associated construction.
FISCAL IMPACT: The total cost of acquisition should not exceed $78,000 ($75,000 for the
land purchase, $2,000 for the Environmental Site Audit, $756.25 for title commitment and title
policy, and $18.50 for recording fees and associated closing costs). Funding is available in, and
is consistent with, the FY 12 Capital Budget approved by the Board on September 22, 2011. The
source of funds is Wastewater User Fee Fund (414).
LEGAL CONSIDERATIONS: The Purchase and Sale Agreement has been approved for form
and legal sufficiency. A majority vote is required. — JW
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION
That the Board of County Commissioners, as ex- officio the
Governing Board of the Collier County Water -Sewer District:
Approve the attached Purchase and Sale Agreement and accept the Warranty Deed
once it is received and approved by the County Attorney's Office; and
2. Authorize the Chairman to execute the Purchase and Sale Agreement and any and all
other County Attorney's Office approved documents related to this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for Payment; and
4. Direct the County Manager or his designee to proceed to acquire the Property, to
follow all appropriate closing procedures, and to record the Deed, and any and all
necessary documents to obtain clear title to the Property, in the Public records of
Collier County, Florida.
PREPARED BY: Marlene J. McLaughlin, Senior Property Acquisition Specialist
Real Property Management/Department of Facilities Management
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.13.
12/13/2011 Item 16.C.13.
Item Summary: Recommendation to approve an Agreement with Adam J. Piskadlo and
Barbara K. Piskadlo for the purchase of property for the relocation of sub - master pumping
station 300.06 at a cost not to exceed $78,000, Project Number 70046.
Meeting Date: 12/13/2011
Prepared By
Name: McLaughlin-Marlene
Title: Property Acquisition Specialist,Facilities Managem
11/16/2011 11:10:37 AM
Submitted by
Title: Project Manager,Public Utilities Engineering
Name: DeltoroZamira
11/16/2011 11:10:38 AM
Approved By
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 11/16/2011 1:24:03 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 11/17/20119:18:26 AM
Name: HapkeMargie
Title: VALUE MISSING
Date: 11/17/2011 1:25:39 PM
Name: DeltoroZamira
Title: Project Manager,Public Utilities Engineering
Date: 1 1/17/20112:5 9:11 PM
Packet Page -2131-
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 11/22/20118:43:27 AM
Name: PajerCraig
Title: Project Manager, Senior,Public Utilities Engineering
Date: 11/22/2011 11:04:13 AM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 11/27/20119:33:54 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 11/28/20118:29:56 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/28/2011 1:28:45 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/30/2011 11:02:48 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/20115:23:46 PM
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12/13/2011 Item 16.C.13.
12/13/2011 Item 16.C.13.
Project: L.S. 300.06 Relocation — PUD Fence to Fence Group II
Folio: 55051360003
PURCHASE AND-SALE AGREEMENT
THIS AGREEMENT is made and entered into by and between ADAM J. PISKADLO AND
BARBARA K. PISKADLO, husband and wife, whose mailing address is 33 Natalie Court,
Staten Island, New York 10304 (hereinafter referred to as "Seller"), and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Purchaser').
WITNESSETH
WHEREAS, Seller is the owner of that certain real property (hereinafter referred to as
"Property"), located in Collier County, State of Florida, and being more particularly described as
follows:
Lot 16, Block 20 of LELY GOLF ESTATES, ST. ANDREWS EAST, according to the Plat thereof
as recorded in Plat Book 10, Page 98 of the Public Records of Collier County, Florida.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, for and in consideration of the premises and the respective undertakings
of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and
sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the
Property.
11. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price ") for the Property shall be Seventy-Five
Thousand and no /100 Dollars ($75,000.00) U.S. Currency payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the
transaction shall be held on or before ninety (90) days following execution of this
Agreement by the Purchaser, unless extended by mutual written agreement of the parties
hereto. The Closing shall be held at the Collier County Attorney's Office, Administration
Building, 3299 Tamiami Trail East, Suite 800, Naples, Florida 34112 or at such other
location as Purchaser may designate. 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. Marketable title shall be
determined according to applicable title standards adopted by the Florida Bar and in
accordance with law. At the Closing, the Seller shall cause to be delivered to the
Purchaser the items specified herein and the following documents and instruments
duly executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser - Seller closing statement.
3.0113 A "Grantor's Non - Foreign, Tax Payer Identification & "GAP" Affidavit as
required by Section 1445 of the Internal Revenue Code and as required by the title
insurance underwriter in order to insure the "gap" and issue the policy contemplated by
the title insurance commitment.
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12/13/2011 Item 16.C.13.
3.0114 A W -9 Form, "Request for Taxpayer Identification and Certification" as required
by the Internal Revenue Service.
3.0115 If applicable, a Public Disclosure Affidavit in Accordance with Section 13.09
herein below.
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 or County Warrant in an amount equal to the Purchase Price.
No funds shall be disbursed to Seller until the Title Company verifies that the state of
the title to the Property has not changed adversely since the date of the last
endorsement to the commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the commitment immediately
after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due at Closing in
accordance with Article III hereof, shall be subject to adjustment for prorations as
hereinafter set forth.
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 upon the
recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and
the cost of recording any instruments necessary to clear Seller's title to the Property. The
cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for
in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall
also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Ad valorem and
Non -Ad valorem taxes shall be prorated on a 365 -day calendar or fiscal year as
applicable, based on the current year's tax. If Closing occurs at a date upon which the
current year's tax rates are not fixed, taxes will be prorated based upon such prior year's
tax rates.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as specified
within this Article, Purchaser and /or Seller, as the case may be, shall perform the following
within the times stated, which shall be conditions precedent to the Closing:
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy covering
the Property, together with hard copies of all exceptions shown thereon. Purchaser
shall have thirty (30) days, following receipt of the title insurance commitment, to
notify Seller in writing of any objection to title other than liens evidencing monetary
obligations, if any, which obligations shall be paid at Closing. If the title commitment
contains exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and marketable
title, except for liens or monetary obligations which will be satisfied at Closing. Seller,
at its sole expense, shall use its best efforts to make such title good and marketable.
In the event Seller is unable to cure said objections within said time period, Purchaser,
by providing written notice to Seller within seven (7) days after expiration of said thirty
(30) day period, may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election by
Purchaser to accept the exceptions to title as shown in the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this Agreement.
Purchaser shall have the option, at its own expense, to obtain a current survey of the
Property prepared by a surveyor licensed by the State of Florida. No adjustments to
the Purchase Price shall be made based upon any change to the total acreage
referenced in Exhibit 'A" unless the difference in acreage revealed by survey exceeds
5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser,
2
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as certified by a registered Florida surveyor, shows: (a) an encroachment onto the
property; or (b) that an improvement located on the Property projects onto lands of
others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the
Seller in writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining legal
access to the Property from a public roadway, within thirty (30) days of receipt of said
written notice from Purchaser. Purchaser shall have thirty (30) days from the effective
date of this Agreement to notify Seller of any such objections. Should Seller elect not
to or be unable to remove the encroachment, projection, or provide legal access to the
property within said thirty (30) day period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may accept
the Property as it then is, waiving any objection to the encroachment, or projection, or
lack of legal access, or Purchaser may terminate the Agreement. A failure by
Purchaser to give such written notice of termination within the time period provided
herein shall be deemed an election by Purchaser to accept the Property with the
encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ('Inspection
Period "), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed without
any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the development of
the Property.
3. The Property is in compliance with all applicable State and Federal environmental laws
and the Property is free from any pollution or contamination.
4. Structures and facilities located on the property are sound and in good and safe
operating contition.
5. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to terminate this Agreement. If Purchaser fails to
notify the Seller in writing of its specific objections as provided herein within the Inspection
Period, it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In the event
Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser
shall deliver to Seller copies of all engineering reports, structural inspections and
environmental and soil testing results commissioned by Purchaser with respect to the
Property.
5.03 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 and investigations, use due care not to damage property.
Seller shall be notified by Purchaser no less than twenty -four (24) hours prior to any
inspection of the Property.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing
VIII. TERMINATION AND REMEDIES
8.01 If Seller shall have failed to perform any of the covenants and /or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee, including
the right to seek specific performance of this Agreement.
8.02 If Purchaser has not terminated this Agreement pursuant to any of the provisions
authorizing such termination, and Purchaser fails to close the transaction contemplated
hereby or otherwise fails to perform any of the terms, covenants and conditions of this
Agreement as required on the part of Purchaser to be performed, provided Seller is not in
default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel
this Agreement by giving written notice thereof to Purchaser, and neither party shall have
any further liability or obligation to the other except as set forth in paragraph 12.01 (Real
Estate Brokers) hereof.
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12/13/2011 Item 16.C.13.
8.03 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.
IX. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
9.01 Seller and Purchaser represent and warrant the following:
9.011 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.
9.012 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.
9.013 The warranties set forth in this paragraph 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.
9.014 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.
9.015 No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
9.016 Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Seller shall not encumber or convey any portion of the Property or any rights
therein, nor enter into any agreements granting any person or entity any rights with
respect to the Property or any part thereof, without first obtaining the written consent
of Purchaser to such conveyance, encumbrance, or agreement which consent may be
withheld by Purchaser for any reason whatsoever.
9.017 To the best of Seller's knowledge, Seller represents that there are no
incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged
into a public sanitary sewer system; Seller represents that Seller has no knowledge
that any pollutants are or have been discharged from the Property, directly or
indirectly into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in applicable
laws and regulations, or any other activity that would have toxic results, and no such
hazardous or toxic substances are currently used in connection with the operation of
the Property, and there is no proceeding or inquiry by any authority with respect
thereto. Seller represents that Seller has no knowledge that there is ground water
contamination on the Property or potential of ground water contamination from
neighboring properties. Seller represents that no storage tanks for gasoline or any
other substances are or were located on the Property at any time during or prior to
Seller's ownership thereof. Seller represents no part of the Property has been used as
a sanitary landfill.
9.018 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
of regulation with which Seller has not complied.
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12/13/2011 Item 16.C.13.
9.019 There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there are
no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
9.020 Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals thereof, proposals for public improvement assessments,
pay -back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or requirements,
formal or informal, existing or pending or threatened which affect the Property or
which adversely affect 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.
9.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement
based upon Seller's representations stated above and on the understanding that
Seller will not cause the zoning or physical condition of the Property to change from its
existing state on the effective date of this Agreement up to and including the Date of
Closing. Therefore, Seller agrees not to enter into any contracts or agreements
pertaining to or affecting the Property and not to do any act or omit to perform any act
which would change the zoning or physical condition of the Property or the
governmental ordinances or laws governing same. Seller also agrees to notify
Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed change in the zoning, or any other
action or notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property which
may restrict or change any other condition of the Property.
9.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called
the "Closing Representative Statement ") reasserting the foregoing representations as
of the Date of Closing, which provisions shall survive the Closing;
i
9.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including alto ney's fees) asserted
against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any Federal, State, local or common law relating to
pollution or protection of the environment which shall be in accordance with, but not
limited to, the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was
amended and upgraded by the Superfund Amendment and Reauthorization Act of
1986 ( "SARA "), including any amendments or successor in f nction to these acts.
This provision, and the rights of Purchaser hereunder, shall su ive Closing and are
not deemed satisfied by conveyance of title.
9.024 Any loss and /or damage to the Property between the cl to of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
9.025 Neither party shall occupy or cause or permit others t� occupy the Property
prior to closing and funding, and will not occupy or cause or p rmit others to occupy
the Property until after the closing.
X. NOTICES
10.01 Any notice, request, demand, instruction or other com
either party hereunder shall be in writing, sent by facsimile with
transmission, or by registered, or certified mail, return receipt n
addressed as follows:
If to Purchaser: Collier County Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
(239) 252 -8991 Phone
(239) 252 -8876 Fax
With a copy to: Office of the County Attorney
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112
(239) 252 -8400 Phone
(239) 774 -0225 Fax
Packet Page -2137-
n to be given to
d confirmation of
postage prepaid,
12/13/2011 Item 16.C.13.
If to Seller.
With a copy to:
Notice will be deemed received upon completion of facsimile transmission with automated
confirmation, or after five (5) days of postmarking of Registered or Certified mail.
11.02 The addressees and numbers for the purpose of this Article may be changed by
either party by giving written notice of such change to the other iparty 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.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
13.02 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 trustees, and assignees whenever the context so
requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
13.04 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.
13.05 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.
13.06 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.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday,
then the date to which such reference is made shall be extended to the next succeeding
business day.
13.08 Seller is aware of and understands that the 'offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County Commissioners
of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes, Under
oath, of the name and address of every person having a beneficial interest in the Property
before Property held in such capacity is conveyed to Collier County. If the corporation is
registered with the Federal Securities Exchange Commission or registered pursuant to
Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is exempt
from the provisions of Chapter 286, Florida Statutes.
13.10 This Agreement is governed and construed in accordance with the laws of the State
of Florida.
Packet Page -2138-
' 12/13/2011 Item 16.C.13.
13.10 This Agreement is governed and construed in accordance with the laws of the State
of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included in
this Agreement or any such referenced agreements has been or is being relied upon by
either party. No modification or amendment of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TOISELLER:
WitnNs (Signature)
N me: k ' (Si 15CIRO LNSe
J, (Print or type)
itness (Si nature)
me: _A103LAA1 SCf1E'46YO
(Print or type)
Witness (Signature)
Na e: AR/NA SWh1F ZNER
_ (Print or type)
Wtness (Signature)
Name: s74ROS44A/
(Print or type)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX- OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER -SEWER DISTRICT
By:
Fred W. Coyle, Chairman
Adam J. Piskadlo
33 Natalie Court
Staten Island, New York 10304
Jeff E. Wright, Assistant County Attorney
Appro d s to form pnd leg fficiency
7
Barbara K. Piskadlo
33 Natalie Court
Staten Island, New York 10304
Packet Page -2139-
12/13/2011 Item 16.C.13.
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES PLANNING AND PROJECT MANAGEMENT DEPARTMENT
BUSINESS CASE FOR: Relocation of Existing Sub Master Pump Station 300.06
NEXUS TO MASTER PLAN: On June 24, 2008, as Agenda Item IOG, the Board of County
Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the
requirement for rehabilitating lift stations. The proposed scope of work for Project 70046, "Lift
Station/Sub- Master Pump Station Technical Support," is consistent with the 2010 Wastewater
CIP Update, page 2 of 4, line 66, as identified in the 2011 User Fee Rate Study.
FY' 11 Budgeted Amount: $ 75.000.00
1. Initiative action and recommendation
After studying the existing conditions of Sub Master Pump Station 300.06, it was
found that the existing station is not in conformance with Collier County design
criteria and its location is a safety hazard to Wastewater Collections staff and the
traveling public. The Pump Station is 25+ years old and has an outdated
configuration of the valves and electrical control panel being located within above
ground enclosure on top of the wetwell hatch.
Packet Page -2140-
12/13/2011 Item 16.C.13.
The engineer's recommendations include the installation of a new wetwell, new
valve vault, pumps, piping, grounding, control panel, generator or diesel pump and
an odor control unit. This is not enough space on the current site to contain anymore
equipment such as generator or odor control unit.
The sub master pump station receives flows from County pump stations 300.07,
300.08, 300.11 and private pump station 9002.14. At a rate 153 gpm (average daily
flow) that yields a detention time of 37 minutes. This means if power is lost, flows
from the station could exceed the capacity of the wetwell resulting in wastewater spill
during an event and this will result in violation of FDEP permit.
Construction is not feasible at the current location of sub master pump station. The
traffic creates a hazardous environment for county staff, pedestrians and motorist.
Therefore, project delivery team analyzed the existing sub master pump station area
for an adequate site to relocate the pump station.
Packet Page -2141-
12/13/2011 Item 16.C.13.
Collier County Real Property Management sent three letters out to the property
owners requesting the acquisition of potential sites for relocating this pump station.
Two letters were sent to lot owners (Lot 1 and Lot 2) to solicit a purchase of their
residential lots, and both of these property owners responded. A third letter was sent
to the condominium association across the road (north side of Saint Andrews
Boulevard) requesting an easement to utilize a portion of their property (easement)
for a relocated pumping station. Collier County's Real Property Management staff
did not receive a reply from the condominium association.
Based on the two responses received, the project delivery team's recommendation
is to purchase a lot 1 (Folio Number 55051360003) located at the north east corner
of Saint Andrew Boulevard and Hidden Valley Drive, to relocate Pump Station
300.06. The available lot consists of 0.35 acres; the property owner is willing to sell
their lot for the appraised value of $75,000, coming down $5,000 from their initial
asking price.
Attached to this business case is Exhibit 1, the property appraisal (purchase as
current with appraised market values); and the GIS location of each lot, size and
price.
Packet Page -2142-
12/13/2011 Item 16.C.13.
2. Benefits of the initiative action
The existing location within the right -of -way makes it impossible to rehabilitate. In
conformance with Collier County design criteria, a modern update pump station
should be constructed within a utility easement outside of the right of way which will
increase worker safety and provide additional space for the rehabilitation of the
pump station.
Other benefits of the relocation are:
• Improvement of public safety, protection of the environment and allows the
county to stay in compliance while meeting demand.
• Allows management of flows with 37 minutes detention time.
• Less bypass time is required since the new station will be built and only will
need to be switch over the new one.
• Providing additional space for a standby electrical generator or pump and
odor control required for sub masters.
• Supports good neighbor policy - visible infrastructure and security to the
station.
• Protects the environment in case of a spill by containing it.
• Sustainability for the next 20 years.
3. Risk of not taking the action
Sub Master Pump Station 300.06 is located within the narrow median of Saint
Andrews Boulevard within Lely Estates. The pump station consists of 5 -foot
diameter wetwell and above ground enclosure that contains valves and an electrical
control panel. Since median area is too narrow to accommodate all the components
of the pump station, another control panel with a generator receptacle will need to be
located across the eastbound lane of Saint Andrew Boulevard to the north.
Relatively little room is available between the median landscaping and the road to
perform maintenance activities, and no off street parking is provided adjacent to the
station so workers must park at the east side of the road, thus blocking the travel
lane. Periodically the County's vacuum trucks park within a travel lane adjacent to
the station to perform the required maintenance. This activity requires flagmen and
other traffic control devices to direct traffic around the vehicle, which creates a
hazardous environment for the workers and the traffic.
If these repairs and improvements are not made, the ability to reliably meet demand
and to stay in compliance is greatly jeopardized.
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12/13/2011 Item 16.C.13.
4. Why is this action the best value solution
Standard designs were created to optimize unity across a wide variety of lift station
sizes. The relocation will provide an accessible place for the pump station to be
build at the current standards, maintained and operated, eliminating a hazardous
environment for workers and the traffic, and to meet regulatory compliance and
demand.
5. What criteria does this initiative address (e.-g., Public Health, Safety, AUIR,
Compliance, meets demand, etc... )
Public Health, Regulatory Compliance, and Meet Demand.
Name: Zamira Del Toro
Title: Project Manager
Date: September 26, 2011
Packet Page -2144-
12/13/2011 Item 16.C.13.
Location Map depicting current location of sub - master pumping station 300.06 and the
vacant lot containing approximately .35 acres which has appraised for $75,000 and for
which the property owner is willing to sell at appraised value.
Packet Page -2145-
12/13/2011 Item 16.C.13.
Land Appraisal Report, Appraisal Form 02 Rev. 5/03/10 Packet Page -2146-
REAL ESTATE APPRAISAL
COMPARABLE NO. 1
COMPARABLE NO.2
VACANT LAN D
Folio No.
55051360003 1,.,
1'ro7,-ty,A►ddress ,. 343 ST ANDREWS BLVD NAPLES FL
7776 CLASSICS
Proximity to Subject
Owner Name
WITHIN 3 MILES
ADAM & BARBARA PISKADIO
Addresses
33 NATALIE CT
��
City
STATEN ISLAND
State ' NV Zip 10304
n
$135,000
Unit Price
Legal
LELV GOLF EST ST ANDREWS EAST
BLK 20 LOT 16 OR 1358 PG 1181
Data Source
Section
}
Ragg cer
StrxpN
20
50
26 035 1
1 458200 201651120
+ / -$
TYPE.
SINGLE FAMILY
IVACANT LAND MBI,Age 1'
rZ Use od
DESCRIPTION
Land Appraisal Report, Appraisal Form 02 Rev. 5/03/10 Packet Page -2146-
SUBJECT PROPERTY
COMPARABLE NO. 1
COMPARABLE NO.2
COMPARABLE NO. 3
343 ST ANDREWS BLVD
8321 OCOTILLO CT
8333 OCOTILLO CT
7776 CLASSICS
Proximity to Subject
WITHIN 3 MILES
WITHIN 3 MILES
WITHIN 3 MILES
Sales Price
t " '
��
$150,000
$125,000
n
$135,000
Unit Price
Data Source
PUBLIC RECORDS
Property Appraiser Sales Data
Property Appraiser Sales Data
Property Appraiser Sales Data
+ / -$
+ / -$
Date of Sale & Time
DESCRIPTION
DESCRIPTION
DESCRIPTION
Adjustment
Adjustment
Adjustment
Adjustment
Fua ,':
4/00/2010
$0
5/00/2011
$0
1/0012011
$0
i - cation
LELY GOLF ESTATES
LELY ISLE EST
- $25,000
LELY ISLE EST
- $25,000
CLASSICS EST
- $25,000
ant Land
CLEARED VACANT LAN
Similar
$0
Similar
$0
Similar
$0
,,yuare Footage
0.35 ACRES
0.30 ACRES
$0
0.40 ACRES
$0
0.31 ACRES
$0
Road Frontage
RESID VIEW
LAKE VIEW
- $35,000
RESID VIEW
$0
RES- PRESERVE
- $20,000
Access
ACCESS
ACCESS
$0
ACCESS
$0
ACCESS
$0
Zoning
RSF -3
PUD
- $15,000
PUD
- $15,000
PUD
- $15,000
CORNER LOT
CAL DE SAC
CORNER LOT
INTERIOR LOT
Sales or Financing
x Y
4g
CASH
CASH
CASH
Concessions
=
Net Adj.
a
Yes < <; rsk J,
,v 2
(Total)
., . ,,,'i�
- $75,000
,•..
-$40,000
„,
- $60,000
Indicated Value of
a
$75,000
„ ?�
$85,000
f
$75,000
Subject
^
n
Comments on Market Data: Due to the current market conditions and the overall condition
n of the subject the market range ” AS IS" is $75,000 for the
subject property.
Comments and Conditions of Appraisal: The interest being appraised is fee simple, and the highest and best use of the parcel is considered vacant. The 4
elements of H & B use are considered, and the sales approach is considered most realizable.
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. (limited appraisal report)
Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the
opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property.
ESTIMATE MARKET VALUE $75,000 DOLLARS
JUNE 21, 20
)raiser: 1' �
R OSEVELT LEONARD
Land Appraisal Report, Appraisal Form 02 Rev. 5/03/10 Packet Page -2146-
Collier County Zoning Viewe6
1* 12/13/2011 Item 16.C.13.
http://maps.colliergov.net/websites/zoninf acket Page - 2147 -
__W_a er3.html 6/21/2011
M.,
12/13/2011 Item 16.C.13.
Lely Resort
Naples, Florida
Lely Resort is one of the most amenity rich communities in Southwest Florida,
with 3 golf courses, 2 clubhouses, and a new club and spa opening in 2005.
Description: Lely Resort Golf & Country Club is an award - winning, 54 -hole, golf course
community that spans 3,000 acres and is conveniently located within minutes of downtown
Naples, Fla., and the beaches of Naples.
Awards & Honors
• Ranked No. 7 resort golf course in the U.S., by Golf Digest
Amenities Private, 18 -hole Classic at Lely Resort Golf and Country Club, designed by
Gary Player
• Public, 18 -hole Flamingo Island Golf Course, designed by Robert Trent Jones Sr.
• Public, 18 -hole Mustang Golf Course, designed by Lee Trevino and William Graves
• The Players Club & Spa, opening 2005:
0 20,000 square -foot facility
o Theater room, club room, billiards
o Fitness center and spa
o Card room and other features
• 7 Har -Tru tennis courts
• Resort-style pool with cabana area and separate lap /fitness pool
• Social Hall with bar
Real Estate
Mustang Island, single- family homes, 2,038 -2,785 square feet, priced from mid -
$400,000s
Majors, luxury, single - family homes, 2,400- 3,400 -plus square feet
• Homesites from the $500,000s
• Home and homesite priced from $1 million
Classics Plantation Estates, luxury estate homes
• Homesites from the $500,000s
• Home and homesite from $1 million
Packet Page -2148-
. • 12/13/2011 Item 16.C.13.
The Scope of the Appraisal
The scope of the appraisal is to `describe the exteni of the process of collecting, confirming and reporting data"
for the appraisal report.
In this regard, the subject property was• physically inspected and the photographs were taken.
Current market sales activity is analyzed. Unless necessitated by .market conditions, sales transactions ranging
from one ao six months (six to twenty -four months when the quantity and quality of the data is limited), loca ed
within one mile of the subject propetty(one to twenty miles when the quantity And quality of the data is limited)
and considered the most similar comparables available arc compiled from and confirmed with the local multiple
listing service the county property appraisers office, the Marshall & Swift cost guides "sad /or local building .
contractors. and/or the buyer(s) and /or seller(s) of properties.
After assembling and analyzing the data defined in this scope of the appraisal; a final ci�tirnate of market value is
trade by reconciling the applicable approaches (cost, income and /or market) to value.
Per the client, the fact that the property being appraised is to be acquired for a roadway extension and the impact
on market value that this action may have is to be ignored. The property is to be appraised as if no pending
acquisition is imminent.
The Purpose, Functlon, Intended Use and Intended User(s) of the Appraisal
The purpose of this appraisal is to estimate the market value of the subject property as defined within this report.
The function of this appraisal is to assist the client in Ili; acquisition of residential real estate for future
community development projects.
'lire intended use of this appraisal is to assist the client in the acquisition of residential real estate for future
community development projects,
The intended user(s) of this appraisal is the Collier County Board -of County Corrunissioners and its assigns.
Any other use(s) or users) is prohibited.
Highest and Best Use
As define in 'The Dictionary of Real Estate Appraisal ", highest and best use is:
I . The reasonable and probable use that supports the highest present value of vacant land or
improved property, as. defined, as of the date of the appraisal.
2. The reasonable probable and legal use of land or sites as though vacant, found to be physically
possible, appropriately supported, financially feasible, aril that results in the highest present
land value.
3, 'ITte most profitable use.
"implied in these defirtidons is that the determination of highest and best use takes into account the contribution
of a spccific'use to the community and community development goals as well as the benefits Lof.that use to
individual property owners. Hence, in certain situations the highest and best use or land may be for parks,
greenbelts, preservation. conservation, wildlife habitats and the like."
An analysis of the highest and beat use of a prop" 4 the most important part of the appraisal process because it
is in terms of highest and best- use that market value is eetimated. The study and selection of highest and best use
is based on available data about what psis are legal, possible. appropriate and feasible for the site both as vacant
and as improved.
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0 • 12/13/2011 Item 16.C.13.
Highest and best use is a concept in real estate appraisal. It states that the value of a property is directly
related to the use of that property; the highest and best use is the reasonably probable use that
produces the highest property value. This use, the Highest and Best Use, may or may not be the current
use of the property.
In order to be considered as the Highest and Best Use of a property, any potential use must pass .
as series of tests. The exact definition of Highest and Best Use varies, but generally the use must
be:
• legally allowable
• physically possible
• financially feasible
• maximally productive
Legally allowable
Only those uses that are, or may be, legally allowed are potential highest and best uses. This may
exclude uses that are not, and unlikely to become, allowed by zonin , uses forbidden by
government regulations, and uses prohibited by deed restrictions or covenants.
Properties with a use that predates existing zoning regulations may be legally nonconforming.
Such grandfathered uses are generally legal even though they do not meet current zoning
regulations. Since their use predates the zoning, they are "grandfathered in ". However, some
such uses may not be reproduced if the legally nonconforming improvement is destroyed or
damaged beyond a certain point.
Physically possible
Any potential use must be physically possible given the size, shape, topography, and other
characteristics of the site. For example a 40,000- square -foot (3,700 m2) single story warehouse
would not fit on a 10,000 - square -foot (930 m2) site, therefore that use would fail the physical
possibility test.
Financial feasibility
The highest and best use of a property must be financially feasible. This means that the proposed
use of a property must generate adequate revenue to justify the costs of construction plus a profit
for the developer. In the case of an improved property, with obvious remaining economic life,
the question of financial feasibility is somewhat irrelevant. In the case of an improved property
with limited remaining economic life, the question of financial feasibility becomes a question of
the maximally productive use of the site. If the value of the land As Vacant exceeds the value of
the property As Improved, then redevelopment of the site becomes the maximally productive use
of the property and continued use of the existing improvements that do not represent the highest
net value of the site is considered to be financially unfeasible.
Packet Page -2150-
• 9 12/13/2011 Item 16.C.13.
Maximally productive use
Finally the use must generate the highest net return (profit) to the developer. A property that
could hypothetically be developed with residential, commercial or industrial development might
only have one of those uses as its highest and best use. These three hypothetical development
scenarios follow to illustrate the test of maximally productive use.
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0 is 12/13/2011 Item 16.C.13.
GENERAL ASSTTIVIMONS AND SPECIAL CONDITIONS
1. The legal descriptions used in this report are assumed to be correct.
2. No survey of the property has been made by the appraiser and no responsibility is assumed in
connection with such matters. Sketches in this report are included only to assist the reader, in
visualizing the property.
3. No responsibility is assumed for matters of a legal nature affecting title to the property nor is an
opinion of title hereby rendered. The subject's title is assumed to be good and merchantable, unless
otherwise stated herein.
4. Information furnished by others is assumed to be true, correct and reliable. A reasonable effort has
been made to verify such information; however, the appraiser assumes no responsibility for its
accuracy.
5. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless so
specified within the report. The property is appraised as though under responsible ownership and
competent management.
6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or
structures, which would render it more or less valuable. No responsibility is assumed for such
conditions or for engineering services, which may be required to discover them.
7. It is assumed that there is full compliance with all applicable federal, state and local environmental
regulations and laws unless noncompliance is stated, defined and considered in the appraisal report.
8. It is assumed that all applicable zoning and use regulations and restrictions have been complied
with, unless a non - conformity has been stated, defined and considered in the appraisal report.
9. It is assumed that, unless discussed otherwise within the report, all normally required licenses,
consents or other legislative or administrative authority from any local, state or national govern-
mental or private entity or organization have been obtained, or can in our opinion reasonably be
assumed to be obtained or renewed, for any use on which the value estimate contained in this report
is based.
10. It is assumed that the utilization of the land and improvements is within the boundaries or property
lines of the property described and that there is no encroachment or trespass unless noted within the
report.
11. The appraiser will not be required to give testimony or appear in court because of having made this
appraisal, with reference to the subject property, unless arrangements have been previously made
therefore.
12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may
not be used for any purpose by any person other than the party to who it is addressed without the
written consent of the appraiser, and in any event only with properly written qualification. It is
intended to only be used in its entirety.
13. The distribution of the total valuation in this report between land and improvements applies only
under the reported highest and best use of the property. The allocations of value for land and
improvements must not be used in conjunction with any other appraisal and are invalid if so used.
14. Neither all or any part of the contents of this report, or copy thereof, shall be conveyed to the public
through advertising, public relations, news, sales or any other media without written consent and
approval of the appraiser. Nor shall the appraiser, firm or professional organization of which the
appraiser is a member be identified without written consent of the appraiser.
Packet Page -2152-
9 12/13/2011 Item 16.C.13.
GENERAL ASSUMPTIONS AND SPECIAL CONDITIONS
Page 2 of 2
15. No environmental impact studies were either requested or made in conjunction with this appraisal,
and the appraiser hereby reserves the right to alter, amend, revise or rescind any of the value
opinions based upon any subsequent environmental impact studies, research or investigation.
16. Acceptance of and/or use of this appraisal report constitutes acceptance of all General Assumptions
and Special Conditions.
17. Payment for the preparation of this appraisal report is based on all charges due the appraiser in
connection therewith, and, in no way is contingent upon the value conclusions herein. Any
responsibility of the appraiser to the client for any part of the report is subject to full payment.
18. In this appraisal assignment, the existence of potentially hazardous material used in the construction
or maintenance of the improvements, such as the presence of urea formaldehyde foam insulation,
and/or existence of toxic waste, which may or may not be present on the property, has not been
considered. Nor has any study or consideration been given to the possible existence of any toxic
wastes on, or buried under, the surface of this property. The appraiser is not qualified to detect such
substances. We urge the client to retain an expert in this field if desired.
19. This appraisal is made subject to any additional restrictions, ordinances or protective covenants
which the appraiser, after due diligence and normal, standard research, may not be aware of, which
would affect the subject property. Furthermore, the appraisal is subject to any and all easements,
setbacks, flood elevations or restrictions, if any, that have been or might be imposed by any local,
state or federal agency, and which may not be of record.
20. This report is based on information obtained from several sources including the current owner of
the property, the Collier County Development Services division, various Realtors and Brokers, as
well as others as noted within the text of this appraisal. Such information is assumed to be reliable
and accurate, but the appraiser does not warrant such beyond our reasonable attempt to verify said
data.
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12/13/2011 Item 16.C.13.
Exposure Time
The Dictionary of Real Estate Appraisal, Fourth Edition 2002, by the Appraisal Institute,
defines Exposure Time on page 105, as follows:
"The estimated length of time the property interest being appraised would have
been offered on the market prior to the hypothetical consummation of a sale at
market value on the effective date of the appraisal; a retrospective estimate
based on an analysis of past events assuming a competitive and open market.
Exposure time is always presumed to occur prior to the effective date of the
appraisal. The overall concept of reasonable exposure encompasses not only
adequate, sufficient and reasonable time but also adequate, sufficient and
reasonable effort. Exposure time is different for various types of real estate and
value ranges and under various market conditions.
"Market value estimates imply that an adequate marketing effort and reasonable
time for exposure occurred prior to the effective date of the appraisal:"
We have reviewed the exposure time on the sales contained in the Sales Comparison
Approach in this appraisal. Based on the current market, it is our, opinion that the
Subject Property should have an exposure time of approximately 12 months or less.
Market Value
Section 1110 of. Financial. Institutions Reform, Recovery, and Enforcement Act's
(FIRREA) instructions to the Office of Thrift Supervision uses the definition of Market
Value below as developed by the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation, and adopted by the Appraisal Foundation's
Uniform Standards of Professional Appraisal Practice.
"The most probable price which a property should bring in a competitive and open
market under alI 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:
a. buyer and seller are typically motivated;
b. both parties are well informed or well advised, and acting in what they
consider their own best interests;
c. a reasonable time is allowed for exposure in the open market;
d. payment is made in terms of cash in U.S. dollars or in terms of financial
arrangements comparable thereto; and
e. 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."
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12/13/2011 Item 16.C.13.
CERTIFICATION
I certify that, to the best of my knowledge and belief.
— the statements of fad contained in this report are true and correct.
— the reported analyses, opinions; and conclusions are limited only by the reported
assumptions and limiting conditions and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
— I have no (or the specified) present or prospective interest in the property that is the
subject of this report and no (or the specified) personal interest with respect to the
parties involved.
— I have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
— my engagement in this assignment was not contingent upon developing or reporting
predetermined results.
— my compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors
the cause of the client, the amount of the value opinion, the attainment of a stipulated
result, or the occurrence of a subsequent event directly related to the intended use of
this appraisal.
— my analyses, opinions, and conclusions were developed, and this report has been
prepared, in confolrmity with. the uniform Standards of Professional Appraisal Practice.
— I have (or have not) made a personal inspection of the property that is the subject of
this report. (If more than one person signs this certification, the certification must
clearly specify which individuals did and which individuals did not make a personal
inspection of the appraised property.)„
— no one provided significant real property appraisal assistance to the person signing
this certification. (If there are exceptions, the name of each individual providing
significant real property appraisal assistance must be stated.)
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Roosevelt Leonard
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