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Agenda 01/12/2010 Item #16B 6 Agenda Item No. 1686 January 12, 2010 Page 1 of 17 .. EXECUTIVE SUMMARY Recommendation to approve the purchase of i,14 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for Phase II of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: $21,740.00). OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase unimproved property which is required for the construction of a stonnwater retention and treatment pond associated with Phase II of the Vanderbilt Beach Road Extension project. (Project 60168) CONSIDERATIONS: The subject property described as the West 75 feet of the East 180 feet of Tract 18, Unit 73, Golden Gate Estates (POND 11 C2) contains a total of 1.14 unimproved acres and is located on lOth Avenue NE, It is required for the construction of a stonnwater retention and treatment pond associated with Phase II of the Vanderbilt Beach Road Extension project. Using the most recent sales data from the real estate market, the Division of Transportation's Review Appraiser, Harry lknderson, SRA, prcparcd un appraisal ofthc propel1y estimating its currcnt market value at $12,540 ($11,000 per acre.) On October 20, 2009, the Collier County Transportation Division invited the owners, Osvaldo and Madeline Garcia to discuss the sale of the subject property to the County, On November 2,2009, Mr. Garcia replied that they would sell the subject property to the County for $21,090, the assessed value. ~ Staff recommends that the Board of County Commissioners purchase the subject property from the Garcias for $21,090 as there are no attorney or expert witness fees. A purchase now at $21,090 would avoid the usual costs to the County associated with taking property later through condemnation (filing fees, service of process on all interested parties, an appraisal update, mediation expenses, and the time of the staff of the County Attorney's Office). FISCAL IMPACT: The fiscal impact is the purchase price of $2] ,090 plus recording fees, title and insurance fees of $650. The funds will be paid from gas taxes and/or impact fees. LEGAL CONSIDERATION: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient - JBW. GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan, RECOMMENDA TION: That the Board of County Commissioners of Collier County: - 1. Approve the attached Purchase Agreement and authorize its Chainnan to execute same on behalf of the Board; 2. Accept the conveyance ofPONDlIC2 and authorize the County Manager, or his designee, to: (a) take the necessary measures to ensure the County's perfonnance in accordance with the tenns and conditions of the Agreement, and (b) record same in the public records of Collier County, Florida; .....--,-~,_."'~_.- ",.,--".. " """ ,'.'," ". Agenda Item No, 1686 January 12, 2010 Page 2 of 17 3. Authori-ze the payment of all costs and expf>ns~s necessory to close the transaction; and 4, Approve any and all budget amendments, which may be required to carry out the collective will of '''c B')"-..J ~u .H. al\.!. Prf>nar"d lJv: Man!ar~t Krf>v1]1Js, Senior Pronertv Acouisition SnedBJist, TEr:M ~ . - ~. -... ... Attachments: (1) Purchase Agreement; (2) Ae:-:al View of the Property; (3) Appraisal Report ".u Agenda Item No, 1686 January 12, 2010 Page 3 of 17 - CGIoLIER COUNTY BOARD flF COUNTY COMMISSIONERS Item Number: Item Summary: 16B6 Meeting Date: To obtain the Board of County Commissioner.:. approval to purchase unimproved property which is required for the construction of a stormwater retention and treatment pond associated with Phase II of the Vanderbilt Beach Road Extension project (Project 60168) (Fiscal Impact $21,740) 1/12/20109:00:00 AM Prepared By Margaret Kreynus Property Acquisition Specialist, Senior Date Transportation Division Transportation Engineering & Construction Management 12/18/20094:57:06 PM Approved By Therese Stanley Manager - Operations Support. Trans Date Transportation Division Transportation Administration 12/21120099:14 AM Approved By Gary Putaansuu Project Manager, Principal Date Transportation Division Transportation Engineering & Construction Management 12/21/20099:53 AM Approved By - Norm E. Feder, AICP Administrator. Transportation Date Transportation Division Transportation Administration 12/22/2009 2:02 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 12/23/200911:08 AM Approved By Kevin Hendricks Manager. Right of Way Date Transportation Division Transportation Engineering & Construction Management 12/23/200912:58 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 12/2312009 1 :08 PM Approved By Jeff Klatzkow County Attorney Date 12/23/20091 :22 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & ,,- Office of Management & Budget 1/4120109:53 AM Budget --..' '---'~-"-" ,~" ,._~~,._",-,,-_.._. ------- --- --.~._,-~ Agenda Item No, 16B6 January 12, 2010 Page 4 of 17 , PROJECT NO, 60168 PARCEL NO,: POND11C2 FOLIO NO.: 40471200004 PURCHASE AGREEMENT (for Stormwater Retention Pond Sites) THIS PURCHASE AGREEMENT is made and entered into on this day of , 2009, by and between OSVALDO GARCIA and MADELINE GARCIA, husband and wife, whose mailing address is P.O, Box 441201, Miami, FL 33144,1201, (hereinafter coliectively referred to as "Selier"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiaml Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"), WHEREAS, Seller owns that certain property more particularly described as the West 75 feet of the East 180 feet of Tract 18 Golden Gate Estates Unit No, 73, according to the plat thereof, as recorded In Plat Book 5, Page 9, of the Public Records of Collier County, Florida, (hereinafter referred to as "Property"); and WHEREAS, Purchaser requires the Property in fee simple for stormwater retention purposes as part of the Vanderbilt Beach Road Project: and WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the Property subject to the terms and conditions that follow, NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, It is agreed by and between the parties as follows: 1, AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shali sell to Purchaser and Purchaser shali purchase from Seller the Property, 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shali be $21,090.00 (U,S. Currency) payable at time of closing, The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be fuli compensation for the Property conveyed, Including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in fuli and final settlement of any and ali claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3, CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before- one hundred twenty (120) dClYS foilowing execution of this Agreement by the Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall be entitled to possession as of Closing, unless otherwise provided herein. B. Selier shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law, At or prior to Closing, Selier shall provide Purchaser with a copy of any existing - - .- .. .... . Agenda Item No. 1686 January 12, 2010 Page 5 of 17 prior title insurance policies, At or before the Ciosing, 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: 1, General 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. 2, Combined Purchaser,Seller closing statement. 3, A "Grantor's Non,Foreign, Taxpayer 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. 4, A W,g Form, "Request for Taxpayer Identification and Certification" as required by the Intemal Revenue Service, 5, Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel andlor title company, C, At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 1, A negotiable instrument in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 6 "Requirements and Conditions for Closing" below, 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, 2, Funds payable to the Seller representing the Purchase Price shall be subject to adjustments and pro,rations as hereinafter set forth, D, Purchaser shali pay ali fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs andlor fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Section 2 which may be required by any mortgagee, lien,holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Section 2. 1= Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the General Warranty Deed, in accordance with Chapter 201, Florida Statutes, unless the Property is acquired under threat of condemnation. The cost of a Title Commitment shall be paid by Purchaser along with the cost of an Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 6, "Requirements and Conditions" (below). Page NO.2 - --~_.,-~ O._...._.M...._....... - - ._..~---- . ... Agenda Item No, 1686 January 12, 2010 Page 6 of 17 F, Real Property taxes shall be prorated based on the current year's tax and paid by Seller, If Closing occurs at a date upon which the current year's millage Is not fixed, taxes will be prorated based upon the prior year's millage, 4. INSPECTIONS A. ~ection Period, Purchaser shall have 60 days from the Effective Date (Inspection Period) to determine through appropriate Investigation and inspection that the Property is in compliance with all applicable State and Federal environmental laws and free of any Hazardous Materials. Upon reasonable notice, Seller will provide Purchaser, and its agents, with access to the Property for purposes of surveying, soil borings, site inspection and analysis. B, Election and Response, If Purchaser is not satisfied, for any reason, with the results of this investigation, Purchaser may elect to terminate this Agreement, without penalty, by giving written notice of Its intent to terminate prior to expiration of the Inspection Period, Purchaser may elect to suspend its Notice of Termination if Seller notifies Purchaser in writing within ten (10) days thereafter that Seller agrees to promptly carry out, at its sole expense, all further investigations and remediation of the Property as necessary to make the Property acceptable to Purchaser (hereinafter "Remedial Action") within a time period acceptable to Purchaser. As a condition precedent for suspension of the Notice of Termination, the parties shall agree to the specific term of such suspension and what will render the Property acceptable to Purchaser. C. "Hazardous Matenals" means any substance: (1) the presence of which requires investigation, remediation, or is, or becomes regulated under any federal. state, or local law, regulation, order or policy; or (2) which is or becomes defined as a hazardous substance, pollutant or contaminant under federal, state or local law or regulation; or (3) which is tOXIC, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or threatens the health or safety of persons on or about the Property, and is being regulated by any governmental authority In the state of Florida. D, If Purchaser does not have the Property Inspected, or fails to do so within the Inspection Period, or fails to notify Seller of its intent to terminate, Purchaser shall be deemed to have accepted the Property in the condition it existed on the Effective Date. 5, RISK OF LOSS Seller shall maintain the Property in the condition eXisting on the Effective Date until Closing or date of Purchaser's possession, whichever is later, except for any Remedial Action agreed to by Seller under Seclion 4B above, Any future loss and/or damage to the Property between the Effective Date and the Closing or date of Purchaser's possession, whichever is earlier, shall be at Seller's sole risk and expense. 6, REQUIREMENTS AND CONDITIONS FOR CLOSING Upon execution of this Agreement by both parties or at such other time as specified within this Section, 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: A.. Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form 8,1970) 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 Seiler 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. Page No_ 3 - ,-._. - __"~'m.._._"_ , \p, 7, ~.._~ ---~.- ____. Agenda Item No, 1686 January 12, 2010 Page 7 of 17 B, If Purchaser shall fall 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 .aid thirty (30) day period, may accept title as it then is, waiving any objection, or may terminate the Agreement. C, 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 tts 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 Exhibtt "A" I this Agreement, unless the difference in acreage revealed by survey exceeds 5% of the overall acreage, If the survey provided by Seller or obtained by Purchaser, 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 legai access to a public roadway, the Purchaser shall notify the Seller in wrrting, within sixty (60) days from the Effective Date of this Agreement, 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. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within sixty (60) days, Purchaser 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, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, 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, TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) 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. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise falls 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, whereupon $500,00 of the Purchase Price shall be paid to Seller as !!quidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further iiability or obligation to the other except as set forth in Section 10, Real Estate Brokers, hereof, The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature, Page No. 4 _.,-~",.~,-=, -".~- -....--~,._-~-- - -"."--._.~ , -"-'1 , Agenda Item No. 1686 January 12, 2010 Page 8 Of 17 , C, The paies acknowledge that the remedies described herein and in the other i provisions othis Agreement provide mutually satisfactory and sufficient remedies to each of te parties, and take into account the peculiar risks and expenses of each of the prties, 8, SELLER'S AiD PURCHASER'S REPRESENTATIONS AND WARRANTIES Seller intends for 'urchaser to rely on the representations contained in this Section in entering into this !>jreement and warrants the following: A. Seller h,s full right and authority to enter into and to execute this Agreement and to underllke all actions and to perform all tasks required of each hereunder. Seller is net presently the subject of a pending, threatened or contemplated bankruptcy proceeding, B, Seller ~as full right, power, and authority to own and operate the Property, and to execlte, deliver, and perform its obligations under this Agreement and the instruments -executed in connection herewith, and to consummate the transaction contemplatec 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 requested, C. The warranties set forth in thiS Article are true on the Effective Date of this Agreement end 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 0, Seller and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. E, 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof, G, Until the date fixed for Closing or as 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. H, Seller represents that they have (it 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, manufac':ure or dispcsa! of Hazardous Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties, Seller represents no storage tanks for gasoline or any other Hazardous Materials are or were located on the Property at any time Page NO.5 IIW, Agenda Item No. 16B6 January 12, 2010 Page 9 of 17 -, during or prior to Seiler'S ownership thereof. Ssller represents none of the Property has been used as a sanitary landfill, I, Seller has no knowledge that the Property, andlor that 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, J, There are no unrecorded restrictions, easements or rights of way (other than existing zoning reguiations) 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, K. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the Effective Date of this Ag reement. L. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. M, 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 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 cot deemed satisfied by conveyance of title. 9, NOTICES - Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: Page NO.6 ... . --"- -,_. _'_....~,,~_'_._',_m..*_ , "-.-- - ' I Agenda Item No. 1686 January 12, 2010 Page 10 of 17 If to Purchaser: Transportation Engineering & Construction Management Attn, Kevin Hendricks Right,of,Way Acquisition Manager 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239-252-8192 Fax 239,252,6643 With a copy to: Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239,252,8400 Fax 239-252-0225 If to Seller: Osvaldo and Madeline Garcia P,O. Box 441201 Miami, FL 33144,1201 Telephone 305,222-1189 The addressees, addresses and numbers for the purpose of this Section 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 addressees, addresses and numbers 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, Notice shall be deemed given in compliance with this Section upon receipt of automated fax confirmation or upon on the fifth day after the certified or registered mail has been postmarked, or physical receipt by hand delivery, 10. REAL ESTATE BROKERS Any and all brokerage commissions or fees shall be the sole responsibility of the Seller and shall be paid at Closing, Seller shall indemnify Purchaser from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been a procuring clause or engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. 11, MISCELLANEOUS A. This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties, B, This Agreement and the terms and provisions hereof shall be effective as of the Effective Date 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, C, 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. D, 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. E. 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. Page No.7 ,.~, -" , . ... . . AS TO SELLER: , DATED: WITNESSES: ~~~~ ..:t<>~.J-~ (Printed Name) ~;1Q G<Jl'oJZO!.eZ. ( rinted Name) (Signature) Co~Y'I1e.\'Io ~~ (Printe e) .....e.-h Approved as to form and legal sufficiency: '" h,,-)~ ..l.. Assistant County Attorney ,.., Agenda Item No, 1686 January 12, 2010 Page 11 of 17 d/A~L-' OSVALDO GARCIA . '" Page NO.9 -. ...._._~_. - ----- - '--',---- . . ~ ~ 1 Agenda Item No, 16B6 January 12, 2010 Page 12 of 17 F, 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. G, 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, H, 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 s, 286,23, Fla, Stat., under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County, (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes,) I. This Agreement is governed and construed in accordance with the laws of the State of Florida. J, The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. K, This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. L. TIME IS OF THE ESSENCE to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA , Chairman Page No, 8 , Bormwer Owner: Garcia Property Address N/S 10th Avenue NE City Naples r.~.::~~: ":.::~:,::' S:~:~. FL LegalDescription Golden Gate Estates Unit 73 W 75ft of E 180ft of Tract 18 OR 1545 PG 1632 Sale Price $ N/A Date of Sa~ NfA Loan Term yr$. Property Rights Appraised [SJ Fee CJ Leasehold D De Minims PU Aclual Real Estate Taxes $ 264.11 {yr) Loan charges to be paid by seller $ Other sales concessions N/A Lender/C~ent Collier County Transportation Division AddreSS 2885 S. Horseshoe Drive Na les Fl 34104 Occupant N/A Appraiser Harry Henderson, SRA Instructions to AppraiserEstlmate Market Value/Full Take Folio #40471200004 location BulMUp GrowlhRale Property Values Demand/Supp~ Mari<etingTIme Present land Use LAND APPRAISAL REPORT - Census Tract 112.02 lip Code 34120 Comrrems including those factors, favorable or unfavorable, affecting marketabiiity {e,g. public parks, schools, view, noise)'The sub'ect is located in the east-central art of unincor orated Collier Count in the Golden Gate Estates area Golden Gate Estates is a s rawlin re- lalled subdivision consistin of acrea e- e sin le-fami homesites 1.14 to 5 acres I ical1 In a semi rural settin ,Essential services are within a 35 minute drive to the west into reater Na les. Maintenance ievels in the area are enerall avera e. Dimensions 75x660 1.14 SQ,n.orAcres 'CornerLol Zoning classificafion E, Estates Preserrt Improvements [j do D do not conform to zoning regulations Highest and best use n Present use E_Q.lD~LweCIfY) eventual sinQle"familv deveiopm~nt 'non-conforming lot of record Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level Elec. [g] StreelAccess [SJ Public n Private iSlze Compatible with area Gas 0 Surface Macadam Shape RectanQular Water D Maintenance l3J Public U Private' View Natural San. Sewer 0 U Storm Sewer ~ Curb/Gutter Drainage A ears to be Ade uate o lJnderground Elect. & Tel, 0 Sidewalk LJ SIr~etLi hts Is the property localed in a HUDldentified SpeCl81 Flood Hazard Area? ~NoCYes Comments (favorable or untavora~e includii'l\l any apparent allverse easements, encroachments, or other adverse conditions): Zone D Comm#120067C0250G dtd 11f17/05 No adverse conditions observed, The sub'ect lands are assumed to have an uland/wetland rofile which would allow sin le.famil develo ment as allowed b zonin without a ical ermillin and/or mili ation, Tical roadwa and eremeter utili! easements commonl exist in the area. The undersigned has recited lI1fee recent sales of properties most simi~r and proximate to suaiect and has considered these in the market analysis. The description includes a dollar adjustment retlecbng market reaction to lhose ~ems of significant variation between the subject and comparabie properties. If a significant item in tI1e comparable property is superior to Of more favorable tI1an the subject property, a minus (-J adjustment is made thus reducing tI1e indicated value or subject; if a significant item in tI1e comparabie is interior 10 or less favorablethanthesubjeclproperty,aplus (+)adlustmenlismadefhusincreasingfheindicatedvalueoffhesubiecl. ITEM SUBJECT PROPERlY COMPARABLE NO.1 COMPARABLE NO, 2 Address N/S 10th Avenue NE S/S 37th Avenue NE N/S 39th Avenue NE Na~s~M120 Na~sFL34120 Na~sFL~120 Proxim' to Sub'ect 0.85 miles N 1,10 miles N Sales Price N/A 9649/ac Price $ 11,000 Data Source MLS#208039558 Date of Sale and DESCRIPTION DESCRIP110N Time Adjus1mer1l N/A 3109 Location GGE-eastern GGE-eastern S' lew 1.14 acres 1.14 acres To 0 ra h Level/Nalural Similar Zonin Estates Estates Utilities Electric Avail. Electric Avail. Urban iSuburban Rural o Over 75% L:SI 25% 10 75% [j Under 25% o Fully Dev. DRapid DSteady [S]Slow o Increasing LJ Stable [?<;JDeclining [J Shortage [J !n 8~!ance ~ Oversupply C Under 3 Mos, D 4-6 Mos. [ZJ Over 6 Mos. 35% 1 Family _% 2-4 Family _% Apts, _% Condo_% Commercial _% Induslrial~% Vacant _% Change in Present Land Use C Not Likely ~ Likety (*) CJ Taking Place (*) (*)From vacant To residential ~ Owner 0 Tenant 10 %Vacant $ 80,000 10 $ 225,000 Predominant Value $ 110,000 1 yrs, to 30 yrs. PredaminantAge 8 yrs. EmploymentStatlllily CanveniencetoEmployment Convenience 10 Shopping ConvanlencetoSchools Adequacy 01 Public Transportation RecreatlonalFacilities Adequacy oi Utilitles Propel1yCompatibllity Protection from Detrimental Condrtions Police and Fire Protection General Appearance of Properties Appeal to Market PredominanfOccupancy Single Family Price Range Single Family Age -. Good Avg. Fair Poor OOI2JO OOI2JO O[,><JOO O[,><JOO 018100 018100 C::I8IOO ,~181 0 0 018100 018100 018100 o [,><J on CDMPARABLENO.3 S/S 58th Avenue NE Na les FL 34120 1.66 miies N 16, 374/.". ;):?""I\r",,' '';;;'''''':'<.';;;1.;),0,''';;:';' ..... . ,,,'\lIoL. "",........!""".." 10 438/ac 11900 26 036 .Ai.,,;&..'\.."......,";..'-c~..."'...,",.. . 'f~,,'I:".,","n.'.;:,~;;'''<',:Ii';~,~,'' MLS#208040494 DESCRIPTION 10109 GGE-eastern 1.59 acres Simiiar Estates Electric Avail. MLS#209013045 DESCRIPTiON 3/09 GGE-eastern 114 acres Similar Estates Electric Avail. Must Nominal in$fac in$/ac in$fac Saies or Financing N/A Cash Cash Cash Concessions NetAd'. ota ".,.' fl.f I ~ + Indicated Value ..,.,.."';'~:,.yJ:1:""ii"":.'~.;"II: ':':'/'~J:;:jt~ '\::"i";,Sr-1':i-~:\,ji.':l'..;~) i;:i ~:,'~:ij:/l!':i;,.:<:'::;,ji;.^.;.;;;'i';; ,:) ':;'i~\,;:';;~'~'~~if~:;";'},:~:ii!ii':},(";';.... ~t'p^.';.~..~I'",~ '''.:11,1 ''''-'-ilii'1,;;,;W' ;;t:~"fl;'iT ,.:,,,.,'.,,,;,,.:(,,!!:/'~;'~.,..x,,.,.,.,,.,,<;;:,.,,.;!....,!."j,'":',~,,.':'c,.".' "...'''m'''.''c....,-t,.. ','.." .!ii"" ,;j'C,'.', 01 Subl"'! ;.~'",'r,!':'M;~" ~1~ ~j.,.. ;1'''j\-'; """=:"C"".,.c,,:wx,,.""....,(,,.. -, ~ '-.'.' ." ".."' '., ',.,. ,...,.,~.,:; ..",..,'.')", "~' .' ,,,},;,,>,,,.-.,;t1t"?<;'!<j.,,ti!t.'i' .'JIg"'" "'''''''r,;;.-.:'~".i'(!'i't'~Yi',,.~'!~,,'.,,; $ 9,649:r~'jihiK",d,.,~r"~J1~.~,;jr:,,' $ 16,37 4 .'~t..~,-:~!:~'{.1 "~";o~ ~blt-' $ 10,438 Comments on Markel Dala: The subject and camps are compared on a unitfprice basis $/ac thereb ne alin the need for size ad'ustments. All sales cited involve non-conformin Estates iots in the eastern Golden Gate Estates area, The com s are recent enou h to avoid time ad'ustments, The unit! rices show a ran e of $9,649/ac to 16 374/ac, a mid-ran e value of $11 ,OOO/ac Is selected as most reasonable. Commenfs and Conditions of Appraisal: See attached Statement of LimitinQ Conditions DOld nOidNotPhysicallylnspetlProperly Final Reconciliation: Sub'ecI1, 14 acres x $11.000/ac - $12 540 .- I ESTIMATE nn;: MARKET VALUE, AS DEFINED. OF SUBJECT PROPERTY AS OF October 15, 20 09 to be$ 12540 Harry Henderson, SRA Appraisers) [Y2KJ CoilierCountyGovernmenf Form LND - 'WinTOTAL" appraisal software by a la mode, inc. - 1-BOQ-ALAMODE -- ......_-- : .,-_.~.-.,.._. ~_..'" , IMainFile~o. 1686 January 12, 2010 Page 14 of 17 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a lair sale, tile buyer and seller, each acti~c prudently, kr:owiedceably and assuminc the price is not affected by undue stimulus. Implicit in this definition is tile consummation 01 a sale as of a specified date and thp.llassing of tiMe from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised. and each actirlg In what he considers his own best Interest (3) a reasonable time is allowed for exposure in the open market; (4) payment is made ill terms 01 casll in u.S. dollars 01 in lerm~ of financial arrangements comparable thereto; and (5) the price represents the normal consideration lor the property sold unaffected by special o~ creative linancing or sales concessions. granted by anyone associated wtth the sale. . Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary lor those costs which are normally paid by sellers as a resu~ of tradition or law in a lT18rket area; these costs are readily identifiable since the seller pays these costs in virtually all saleS transactions. Sper-ial or creative financing adjustments can be made to the comparable property by comparisons to linancing terms offered by a third party Institutional lender that is not already involved in the property or transaction. AfrI adjustment should not be calculated on a rT1{lchanical dollar for dolar cost of the financi~ or concession but the dollar amount of any adjustment should approximate the markel's reaction to tlle financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certHication that appears i~ the appraisai report is subject to the following condhioflS: 1 The appraiser will not be responsible for matters of a legal nature that "Hect either the property being appraised or the fllle to it The appraiser assumes that the tit1e is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of n being under responsible ownership, 2 The appraiser has provided a sketch in the appraisai report to show approximate dimensions of the Improvements and the SKetch is incluoed only 10 assist the reader of the report in Visualizing the property and understanding the appraiser's determinalion at ns size. 3. The appraiser has examined the available llood maps that are proVided by the Federal Emergency Management Agency (or olher data sources) and has noted in the appraisal report whether Ihe sublect sile is located in an identified Special Flood Hazard Area. Because the appraiser is rIOt a surveyor, he or she makes noguarantees,expressorimplied,regardlngthisdetermination. ~. The appraiser will not gi~e testimony or appear in court because he or she maoe an ap;Jraisal of the property in question, unless speCific arrangements to do so have been made beforehand_ 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6_ The appraiser has floted in lI1e appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances. etc_) observed during the inspection at the subject property or that he or she became aware 01 during the normal researCh involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed tnat there are no such condrtioflS and makes no guarantees or warranties, express or implied, regarding the condition 01 the property. The appraiser will not be responsible tor any such conditions that do exist or for any engineering or testlllg that might be required to discover whether such condnions exist Because Ire appraiser is nol an expert in the field 01 environmental hazards_ the appraisal report musf not be considered as an environmenlal assessment of the property. 7 The appraiser obtained the information, estimates. and opinions tha1 were expressed in the aporaisal report from sources that he or she considers to be reliable and believes them to be true and correct. The aporaiser does not assume responsibility for the accuracy of such items that were lurnished by other parties. 8. The appraiser will no! disclose the coments 01 the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. g. The appraiser has based !lis or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or a~erations on tile assumption that completion of the improvements will be performed in a workmanlike manner. 10 The appraiser must provide his or her prior written consent hefore the lender/clieni specified in too appraisal report can distribute the appraisal report (InCluding conclusions about the property value, the appraiser's identity and professional designations, and references 10 any prolessional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consuRants: professional appraisal organi18tions: any state or federally approve{! tinancial institut1On: or any department, agency. or instrumentalfty of the Unrted States or any state or the District of Columbia, except lhatthe lender/client may distribute the property description sec:ion 01 the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be ootained before the appraisal can be conveyed by anyone to the public through advertising, public relations. news, sales, or other media. freddleMacForm4396.93 Pagelof2 fannieMaeFonn1004BG-93 Collier Coun\i' Go~ernment Form ACR - ''WinTOTAL'' appraisal software by a la mode, inc. -1-800-ALAMODF IM';"RI'~O, 16B6 January 12, 2010 Page 15 of 17 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that -, 1. I have researched Ihe subject market area and have selected a minimum 01 three recen! sales of properties mosl similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adiustmcrt, when appropriate to reflect the market reaction 10 those items of significant variation. n a significant ttem in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustrlllnllO reduce the adjusted sales price 01 the comparable and, if a signlficanlltBlll in a comparable property is Inferior to, or less favorable thantha subject properly, I have made a posilive adjustment to increase the adjusted sales price offhe c omparable, 2, I have taken into consideration the factors that have an impact on value In my development of the estimate of market value in the appraisal report. I have not knowing~ withheld any significant information lrom the appraisal report and I believe, to the best 01 my knowledge, that all statemerrts and information in the appraisal report are true and correct. 3. I stated in the appraisal report onty rrr-J own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject onty to the contingent and wmrting condilions specified in this form, 4. I have no present or prospective interest in the property Itlat is the subject to this rellort, and I have no present or prospective personal interest or bias with respect to the participarrts in the transaction. I did not base, either partialty or completely, my analysis and/or the eslimate 01 market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin 01 either the prospeclive owners or occupants oi the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the sublect property, and netther my curren! or future employment nor my compensation lor pertonning this appraisal is contingent on the appraised value of the property. 6. I was not re{luired to report a predetermined value or direclion in value that1avors the cause 01 Itle ciiento' any related party, the amount of the value estimate, the attainment of a specific resull, or the occurrence of a Subsequent event In order to receive my compensation and/or empioyment for performing the appraisal. I did nof base the appraisal reportona requested minimum valuation, a specific valuation, Of the need to approve a specifiC mortgage loan_ 7. I performed this appraisal In conformity with the Unilorm Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal StandardS Board of The Appraisal Foundation and that were in place as oltne eHeclive date olfhis appraisal, with the exception 01 the departure proviSion of those Sfandards, which does not appty. I acknOWledge that an estimate of a reasonable time for exposure in the open market is a condition in the definftion of market value and the estimate I devekJped is consistent with the marketing time noted in \tie neighborhood section ollhis report, unless I have oltlerwise stated in the reconciliationseclion. '~"" 8. I have personalty inspected the interior and eJderiorareas 01 the subject property and the exterior of all properties listed as comparables in the appraisal report I further certi1y that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments lor these adverse conditiOns in my analysis of the property value to the extent that I had market evidence to support them. 1 have also commented about the effect 01 the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the reai estate that were set forth in lI1e appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance 01 the appraisal or the preparation of the appraisal report, i have named such individual(s) and disclosed the spec~ic tasks pertormed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to pertorm the tasks. I have not alrthorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, 1 will take no responsibility lor it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report have reviewed the appraisal report agree wtth the statements and conclusions of Itle appraiser, agree to De bound by the appraiser's certifications numbered 4 Ihrough 7 above, and am laking luli responsibility forlhe appraisal and Ihe apprais alreport. ADDRESS OF PROPERTY APPRAISED: N/S 10th Avenue NE, Naples, Fl34120 APPRAISER: SUPERVISORY APPRAISER (only If required): Signature: Name: Date Signed: State Certification #: or State License#: State: Expiration Date 01 Certification or License: Signature: Name: Harry Henderson, SRA Date Signed' October 15. 2009 State Certification #: RD3475 or Stale License #: State' Fl Expiration Date of Certiflcalion or License: 11/30/10 DO;d -" ,~DidNotlnspectProperty Freddie Mac Form 4396"93 Palle2012 Fannie Mae Form 1004B 6-93 Form ileR ~ "WinTOTAL" appraisal software by a la mode, inc ~ 1-800-ALAMODE ---"-- "".~ . ^--,-<, . ~..- -. Location Map IMainFile~o. 1686 January 12, 2010 16 of 17 Borrower/Clierrt Proe Address Ci Lender Owner: Garcia N/S 10th Avenue NE Na les Collier Count Trans ortalion Division COlI'1 Collier State Fl Zi Code 34120 e2~~,..c,"__ o,,'s; I! H !: -;", -""c~".._ " -'~-'='~=~!i' ii , , ,_.- , ! I , I , ~~ I ---',~----~-'-' Lake Trafford I " '[ ! 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('olfClub [c,:1 'cole J o -,-","-'-r--- , . ----.....-- 4r.!005N~VlfQ,"1 "'['IO~U<.IIt, Form MAP.LOG - "WinTDTAL" appraisal softwafe bV a ia mode, inc_ - 1-800-ALAMOOE Agenda Item No. 16B6 January 12, 2010 Page 17 of 17 PROPERTY LOCATION AND OWNERSHIP Folio Number: Owner Name: Property Addresses: Legal: Size: 40471200004 Osvaldo and Madeline Garcia 10th Avenue NE between Everglades Blvd. and Desoto Blvd. West 75 feet of the East 180 feet of Tract 18 Golden Gate Estates Unit No. 73 1.14 acres _.. - ..."~_._~~ "-~."-~.,, n...__ , -,-