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Agenda 07/27/2010 Item #16A26Agenda Item No. 16A26 July 27, 2010 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve the purchase of a Perpetual, Non - exclusive, Road Right -of- Way, Drainage and Utility Easement (Parcel No. 402RDUE) containing 5,700 square feet more or less (0.130 acres), which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3,600.00). OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a road right -of -way, drainage and utility easement required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. CONSIDERATIONS: The required easement is needed along the northern property line of a portion of Tract 121, Golden Gate Estates, Unit 81, and contains a total of 5,700 square feet (0.130 acres). Using the most recent, comparative sales data, the Division of Transportation's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property estimating its current market value at $1,235.00 ($9,500.00 per acre). The current / 2009 assessed value of the needed easement area is $3,250.00 ($25,000 per acre). On June 14, 2010, Collier County Transportation Division invited the owners, Lorenzo Suarez and Zoraida Suarez, to discuss the sale of the required easement to the County. On or about June 30, 2010, Mr. Suarez contacted the assigned Property Acquisition Specialist to discuss the County's invitation. Through continued negotiations, the owners have agreed to sell the required easement to Collier County for the purchase price of $3,250.00 (the exact current / 2009 assessed value). Staff is recommending that the Board of County Commissioners purchase the required easement area from Mr. and Mrs. Suarez for the purchase price of $3,250.00, and believes the following are compelling reasons to do so: This is not a distress sale. The property owners can afford to hold out and wait for the market to improve. If we should delay this acquisition for several years until construction is imminent, and be forced to take the easement through condemnation, the cost of doing so would far exceed the owners' asking price. In addition, the owners are cooperating with staff so there are no expert or attorney fees. Moreover, if we should forestall this purchase and the market begins to rebound, in three to five years we are likely going to be paying as much or more for the subject property than the owners are seeking today. It is a common expectation of property owners upon the sale of their property to the government, to be paid at least the value upon which they were taxed by the government. The easement Agenda Item No. 16A26 July 27, 2010 Page 2 of 16 agreement was negotiated at the current / 2009 assessed value prior to the publishing of the preliminary 2010 assessed values on July 15`x'. FISCAL IMPACT: The fiscal impact is in an amount not to exceed $3,600.00 and includes the $3,250.00 negotiated purchase price; a title search fee, a title insurance premium, lender subordination fees, and recording fees not to exceed $350.00. Source of funds are road impact fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. -JBW RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel No. 402RDUE and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Agreement; and 5. Approve any and all budget amendments required to carry out the collective will of the Board. Prepared by: Deborah Farris, Sr. Property Acquisition Specialist, Right -of -Way Acquisitions, Transportation Engineering Services, Growth Management Division Attachments: (1) Easement Agreement (complete with Exhibit "A "); (2) Location Map; (3) Appraisal; (4) Property Appraiser's 2009 Certified Tax Roll Agenda Item No. 16A26 July 27, 2010 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A26 Item Summary: Recommendation to approve the purchase of a Perpetual, Non - exclusive, Road Right -of- Way, Drainage and Utility Easement (Parcel 402RDUE) containing 5,700 square feet more or less (0.130 acres), . which is required for the four - laning of Golden Gale Boulevard between Wilson Boulevard and De Soto Boulevard. Project No 60040 (Fiscal Impact: 53,600.00). Meeting Date: 7/27/2010 9.00:00 AM Prepared By Deborah Farris Property Acquisition Specialist, Senior Date Transportation Engineering & Transportation Division Construction Management 7/912010 1:13:17 PM Approved By Jeff Klatzkow County Attorney Date 7/912010 3:25 PM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 711212010 9:50 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 711212010 12:02 PM Approved By Gary Putaansuu Project Manager. Principal Date Transportation Engineering & Transportation Division Construction Management 711 2/201 0 1 X11 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Division Transportation Administration 71121200010 211 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 7'12'20104:24 PM Approved By Kevin Hendricks Manager - Right D,' Way Date Transportation Engineering .°. Transportation Division Cmrsiruction Management 7!12;2010 E.36 Ptd Approved By Worm E. Feder. AICP Administrator - Transportation Transporation Division Transportation A.dnnn'.StratiOn Aqenda Item No. 16A26 July 27, 2010 Page 4 of 16 Date 711 312010 1:36 PM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 711412010 1:02 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 711112010 1:35 PM Approved By Susan Usher Management /Budget Analyst. Senior Date Office of Management & Office of Management &Budget 7116!2010 1:08 PM Budget Approved By Mark Isackson ManaaemenUBudget Analyst, Senior Date Office of Management & Office of Management &Budget 711612010 5:20 PM Budget Agenda Item No. 16 26 July 27, 2 10 Page 5 o 16 PROJECT: 60040 Golden Gate Boulevard PARCEL No(s): 402RDUE FOLIO No(s): 40933720006 I EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 2010, by and between LORENZO SUAREZ AND ZORAIDA SUAREZ, his wife, whose mailing address is 8736 NW 139" Street, Miami Lakes, Florida 33018 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, Purchaser requires a Perpetual, Non - Exclusive Road Right -Of -Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"), and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein, and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below., and all Exhibits referenced herein are made a part of this Agreement. Owner shall convey the Easement to Purchaser for the sum of: $3,250.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Prior to Closing.. Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County. Florida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Easement, (b) Closing Statement: Agenda Item No. 16A26 Page 2July 2 7, 2f 10 (c) Grantor's Non - Foreign, Taxpayer Identification and 'Gap" Affidavit (d) W -9 Form, and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser. Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser, provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as 'Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ('Improvements ") located on the Easement. the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County s contractor. All Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner 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. 7. Owner agrees, represents and warrants the following. (a) Owner has full right_ power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property Agenda Item No. 16A26 Page 3July 27, 2010 Page 7 of 16 underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder, nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws, that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser, that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement, b) any existing or threatened environmental lien against the property underlying the Easement, or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws. costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h) This provision shall survive Closing and is not deemed satisfied by conveyance of title. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement, provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee. lien- holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. Agenda Item Na. 16A26 Page 4Jr ly 27, 2010 Page 5 of 16 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors.. successor trustees, and /or assignees. whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises. warranties, or covenants not contained herein. No modification. amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement. and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15 This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER. DATED. ATTEST DWIGHT E. BROCK. Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY FRED W. COYLE, Chairman AS TO OWNER: DATED 2 tness Signature) ,,( I,)' ) I' �(�, ; , �( i Name,(Pri or Type) Witness (Signature) Nr',I 1ki.(t ��r �l(i Name (Print or Type) Witness (Signature) Name-(Print or Type) `- Witrr4sS (Signature) 016, ti Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney LORENZ) SUAREZ ZORAIDA SUAREZ Agenda Item No. 16A26 Page 5July 27, 2010 Page 9 of '16 Agenda Item No. IGA26 2010 O of 16 27 s PEE 1 GOLDEN GATE BOULEVARD (CR 876) q o i I L- PROPOSED ROADWAY EASEMENT ICI 1 PARCEL 402 RDUE I - TRACT 121 GOLDEN GATE ESTATES JNIT 81 PLAT BOO1 5 PAGE 19 TRACT 120 wLSi sc -- TRACT 136 VIA ! Y ✓AIDING LC� iJ FACT` W1t..1�F�'CXvLUS�VE RZIAD DIRT -OF- KY. DRMk0 GE �" � EXHIBIT fi vv Page of L_ OR CFF',PA'_ .,� ,. ECUARE FE, I ANL AIL V N' eL'U_; x ♦:: nA ;I N ic= 1 "ii" ' L'JAI J CT '.H RLIi LEGAL DESCRIPTION -OR PARCEL 4C2 RDUE ,T a !'P"Jr 1 -.:.,K Al,F _ T, L iC �� riW Ck.:S i, .I R _ l 1 l M� 4 EE 'v ,iT �� IArJ vA_ . I,ar n 4 S3 FFF- NCH 2c. E -. -. RCS" .. -F. F- ...I ,.� 121 lu _LSD' I I (-" nrn 41 FEB p 1 2010 o ao e1 lsu uwva SKETCH & DESCRIPTION ONLY aalin. amsiafnon % rsyqu. ssm` NOT A BOUNDARY SURVEY scAV:. mE ow iuu.s,ca4y.,,.r Sasso cua,sro sir o' TOR. COLLIER CCUNP' GOVERNMENT HJAPD OF :.OVNIY COnru SSDNERS u ssso P aresrw+r1suacwP m'o wvvee �NSULT � SKETCH &ADESCR DESCRIPTION OF: PROPOSED ROADWAY EASEMENT 1 \1 ♦L 1 Sb R u PARCEL 402 ROUE 44,ovm. P.�x D�,.e, SO 2x wdau Hwaa 3alos COLLIER COUNTY, FLORIDA P„�,,.. Ine, ssvass snx nom sm.enx LP 1b.4 ._? N_11 =EP F11Sl M1 _. 115r'r' CL h'_ S, 2010 O of 16 ! rv+ e Mf 1 s �Y s r Yn+ b �q�tl Y .rt rrd t � m Y ✓f .YkiW Fl !t s �Y s r Yn+ b �q�tl t � m Y Fl rd4 t3 -ex 7 C, �htlj k= is Yn+ b r +. rd4 t3 -ex 7 C, �htlj k= is r +. t � m m Fl Ip1ail, No LAND APPRAISAL REPORT '' °'h � 1 Fie, No Parcel 402CQ1� `. Borrower Owner. Suarez ,._ Census Tract 112.02 Map Reference S7- T49 -R28' i' Property Address 5/S Golden Gate Blvd City Niles County Colter _ State. FL _ Zip Cade 34117 Legal Description Golden Gate Estates Unit 81 W 150Tt of I ract 121 _ _ Sale Price $NIA_ __ Date of Sam N/A _ Loan TefT N/A yrs. Prgpedy Rigms Appraised •. Fee —. Leasehold De Minlmis PUT Actual Heal Estate Taxes $ 681 46 (yr) Lean charges to be said by relief $ N/A Other sales concessions N/A Lender /Client Collier County Gov /Growth Management Div, Address 2885 South Horseshoe Drive- Naples FL 34104 _- DCCOpant vacant _ Appraiser Harry Henderson. SEA Instructions to Appralser Estimate Markel Value Parent TracUPartial Take Folio #40933720006 (Subject parent tract is unim roved Location _ Urban �I Suburban Rucal Good Avg. Fair Poor High Up Over 759, 1my" to75° Under 15% Employment Stability Grown! Rate Fully Dev Rapid Steaoy Slow Convenience to Employment , Property Values Increasing Stable 'Declining Demand %Supply Shortage _ '.n Balance Oversupply Convenience to Shopping Convenience m Schools Marketing Time Under 3 Mos 4 -6 Mas _ Over 6 Moe Present Land Use 55% 1 Family _% 2 -4 Family 'to Apts. _uo Cantle % Commercial Adequacy of Public Transportation Recreational Facilities _ Industrial 45 %Vaoam % Change in Present Land Use Nor Likely ^, Likely (`( _j Taking Place (`) (`) From vacant To single - family Predominant Occupancy E Owner Tenant or Vacant Single Family Price Range 5 60,000 to S_ 210,000 _ PredomnaiI Value $ _115000 Single Family Age 1 yrs. to 25 yes. Predominant Age 10 yr5. Adequacy of Utilities Property Compatibility 1 Protection Item Detrimental Conditions X 1 _ Police and Fire Protection General Appearance of Punched J X I LJ Appeal to Market view, eosa l :See attached addenda. Comments including those factors, favorable or unfavorable, affecting inafketability leg- public parks, schools. Dimensions 150 x 680 = 2.34 Sp. Ft. of Acres ! I Corner tot Zoning classification Estates (225 acre conforming lot size mint _ Present Improvements 'N do Al do not conform to zoning regulations Highest and best use 1 I Present use ' "� Other (sonsy) Eventual single- ramify development. Public Other (Describe) OFF SITF IMPROVEMENTS ITopo Level Ell Street Access t1,Public [ Private ISize Compatible w in area Gas - _. - -_ —.. Surface Macadam Shape Rectangular - Water Maintenance ; Public Plivater New Neionborhood San Bawer Storm Sewer Corb/Gutler .Drainage Appears to be adequate [.I Underground Elect &Tel Sidewalk ��. Street lights I is the property located In a HUD Identified Special Flood Hazard Arm? (_]NO_IYes Comments davordble or unfavorable rowel any apparent inverse easements . encroachments. or error adverse secretary) Zone D, Comm #120067CO25DG, did 11/17/05 No adverse conditions observed Typical roadway and /orparemetef utility executed the site:. these are common in the area and do al l impact value. - The rebalanced has stoned three recent Sales of sesames most similar and proximate to &il 01d has roughened Riess In the market analysis Tire description Includes a dollar adlusimem reflecting marvel reaction to these items of Prot wormer between Ore subject our comparable properties If a significant Lane it the comparable property is supener to or more favorable than the subject ptepeny. a minus I -I adlttetmenl in might thus led cim, the Indl4ated Value of subject li a slgnlrlGam Item IIt the comparable 6 interior to nr less favorable than the subject property, a plus (s ) adjustments marginal inconsumable indicated value of the subject REM _ SUBJECT PROPERTY _ Adtlress S/S Golden Gate Blvd COMPARABLE GO.1 S/S 22nd Avenue NE COMPARABLE N0.2 COMPARABLE N0.3 __. N'S 56th Avenue NE 3421 56th Avenue NE Na les FL "54120 m to Sub act 0 49 mires N _ 1 94 miles W FL 34120 1 82 miles SW _ SRle95it lice 4_ N/A _ - n1 $ 1_58 ac 10.852/ac Fee 9 $ MLSd2 DESCRIPTION r +- 158,000 Foust _ Data Source MLS #2090332_84 _ pESCRIPTION +i SAtl Adjust MaS #20F _ DFSC.RIP "ION +I -'$Ado sl Date ofr5am and _ DFSCRIPTION Time Adlusiment N/q r. 3110 1 3/10 _- Ralph tar 2 73 acro5 n $ /ac 2 73 acres in $lac — 3110 Location Similar 2 58 acres m $ /ac — SAP Vievr 2 34 acres I0 0 a h g E/natural states Levelmatural Level/natucal Estates Estates Level /natural t Estates Cash or Equm_ Sales or Financing : N/A Cash or Lewis . f osn of PQL1lc Concessions $- -- Nett_A�OO1A _ _ - _tea _ —_ -- _ S _-_ Indent etl Value of Sub led S 9.158 $ 7 -143 5 10852 Comments on Markel Data See attached addenda. Comments and Conditions o) Appraisal SulLd_ and comps are compared on a $ acre unit price basis Parent tract Land Value_ 2.34 acres x $9.5001acre = 522300 See attached Lim lung Conditions. Final Reconciliation Taking parcel :.13 acres x $9 500 = $1,235 No site I�rovements no damages _ Total Compensation: 57.235 _ 1 ESTIMATE THE MARKET VALUE. AS DEFINED, OF SUBJECT PROPERTY AS OF May 28 2010 to he S 1.235 Harry Henderson SRA _ _ Did I Din Not Physically Inspect Property Aproaisertsl Review Appraiser lit Smell �Y2K( Collier County Government Form LN'C— "WmTOTAL' appraisal software by a Is mode, mac. —1- 800 - ALAMDDE 16A26 7, 2010 2Gf16 Supplemental Addendum Ma llle, o, d59P �a ii e�� . 16A26 File No Parcel 402RDUE July 27, 201O 13 of 16 Borrower /Clart Owner: Suarez Propery Address S/S Golden Gate Blvd City Naples _ County Collier State FL Zip Code 34117 Lender Collier County Gov/Growth Management Div. • Land : Neighborhood Market Factors The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Golden Gate Boulevard. Golden Gate Estates is a sprawling pre- pladed subdivision consisting of acreage -type single- family homesites (1.14 to 5 acres typically) in a semi -rural setting. Essential services are within a 35 minute drive into greater Naples to the west Maintenance levels in the area are generally average. • Land : Market Data The subject and comps are compared on a unit /price ($ /acre) basis. This method eliminates the need for direct size adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject. The overall real estate market has been in decline since late 2005 and remains exceptionally weak.; the Estates market has been especially soft due to a severe supply- demand imbalance in this area. The sales cited are relatively recent transactions; no time adjustments have been applied in order to give property owner's every benefit of the doubt. The indicated unit prices range from $7,143 /acre to $10,852 /acre; given the comparison criteria discussed, a unit price of $9,500/acre is selected as reasonable for the underlying unit /price value for the parent tract lands. Parcel 402RDUE The subject parcel is a 38 ft -wide ROW strip located on the south side of the parent tract along Golden Gate Boulevard. The size of the taking parcel is 5,700 sf or .13 acres. At the appraised unit /price of $8,500 /acre the subject parcel has a direct land value of $1,235. No site improvements or damages are associated with this taking parcel. The subject parent tract is unimproved. The Total Appraised Compensation associated with the taking of parcel 402RDUE is estimated to be: 235. Form TADD — "WInTDTAL" appraisal scftware Dy a la mode. Inc. — 1800- ALAIOODE IMain File No. elc�l9 -Mh e #—! y.,fr a , PI I I . 16A2D July 27, 2010 Page 14 of 16 DEFINITION OF MARKET VALUE: The mast probable price which a property mould bring in a competitive and open market under or eonditeme; requisite to a lair sale the buyer and seller each acting erutlently, Cawledgeahly and assuming Me price Is net affected by undue stimulus. Implicit In this defended is the consummation of a sale as of a Sardines sate and me passing of title from seller td buyer under conditions whereby'. It; buyer and seller are typically motivated. (2) bath Dallas are well unarmed or well advised. and each acting In what ne considers his own best interest, O) a reasonable time is allowed tot exposure in the open market', (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessul granted by anyone associated with me sale 'Adjustments to the 6omparables must be made for speciou or creatve financing or sales concessions. No adfu licents are necessary for those oasts which are normally paid by sellers as a msuh of tradition of law in a market area', these coals are readily identifiable since the seller pays these costa in vioually all sales rensacless. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms plural by a third parry institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cast of the financing or concession but the dollar amount of any amendment should approximate the markets reaction to the financing or concessions based on the appraiser's judgement . STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The apmalser's rerthmaued that appears In the appraisal report Is subject N the following conditions'. 1. TDB appraiser will not be esponsfble for matters of a legal nature that affect either the property being appraised of the true to it. The appraiser assumes that the title Is good and marketable and therefore, will nor render any opinions about the title- The pmpeny is appraised on the basis of it being under responsible ownership. 2 Tore appraiser has Fel lded a sketch in the appraisal report to Shaw approximate dimensions Of the improvements and the sketch is included only to assist the reader of the report in vlsuafvfng the property and understanding the appraiser's determination of its sure. 3. the appraiser has examined the available flood maps that are province by the Federal 'emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Harmer Area Because the appraiser is not a surveyor, he or she makes no guarantees, express or Implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he m she made an appraisal of the property in question . unless specific arrangements to do so have been made beforehand - 5 The appraiser has estimated the value or the land in the cost approacn 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 conjunctmn with any other appraisal and are invalid If they are so used 6. The appraiser has noted in the appraisal report any adverse conditions such as heeded repairs, oepreeiation, the presence of haramous wastes, toxic substances, eta) observed during the depechon of the subject property or that he or sne became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal Sport appraiser has is knowledge at any hidden or inapparent conditions of the pmpeny or adverse environmental conditions (including the presence of haramous wastes toxic substances etc_) that would make the property more or less valuable and has assumed that there are no such comlihons and makes no guarantees it warranties express or implied, regarding the condition of the shelf The appraiser will nut be responsible for any such conditions final do exist or for any engineering or trying that might be required to nuclear whether such condition exist. Because the appraiser Is not an expel in the field of environmental islands the appraisal deceit must nor be considered as an environmental assessment of the pmperty. 7 The appraiser obtained the informallon, estimates and opinions that were expressed it tee appraise report from sources loaf ne or sne considers Is be reliable and believes them to be. true and correct The appraiser does not assume responsibility for the accuracy of Such Items last were furnished by ether strong 8 'he appraiser wil not disclose the contents of the appraisal report except as provmec for In the Itndorm Standards of Professional Appraisal Practice. 9. The appraiser nos based ms or net appraisal report and entered cdnciusion far an appraisal that is subject to satisfactory camp @hoc, repairs, or operations on the assumption that compliance. at the improvements will Ito Tertptmes in a wosinarrlke manner. 16 The appraiser must provide his a, net offer writen consent berms the lenderoucot specified m me appraisal report can distribute me appraisal report (Including conclusions about the property value, me appraiser's Identity and commonest designators, and references to any professional appraisal mcranrzations or the hem wine which the appraiser is associated) to anyone other than the borrower the restrictions of Its successors and assign, the mortgage insurer consultants, professional appraisal organisations, any state of federally approved financial institution, or any departmern agency, or Instrumentality of the United States o, any sate or the 9letrim of Columbia . except that me Imde7 hurt may else Lute me pmpeny description section of the reader only to data collection of reAortmg service(s) without crying to obtairr me appraiser's offer worse consent. The amccusera written consent and approval must also he obtained before me appraisal can be conveyed by anyone to the public through advemsmg, public fortune. news sates, or other media. Freddie Mac Form 439 6x93 Page 1 of 2 ranee man form iuuvu u -De Collier County Government Form ACA — ^WInlMAL burg Sal software by a la moan Inc . -' —BOO Q AMORE Ma n File No. a Jgp e 1I July 27, 2010 Page 15 of 16 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. I have researched the subject market area and have selected a minimum of three recent sales at progenies most similar and nroximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variatlon. It a significant item in a comparable property is superior to, or more favorable than, the subject property. I have made a negative adjustment to reduce the adjusted sales price of the comparable and N a significant Item in a comparable property is inferior to. or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2_ 1 have taken into consideration the factors that have an impact an value in my development of the estimate of market value in the appraisal repod I have not knowingly withheld any significant information from the appraisal repel and I believe, to the hest of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my awn personal, unbiased, and professional analysis, opinions. and conclusions, which are subject only to the contingent and !trading conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report , and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysts and /or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is equal on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related parry, the amount of the value estimate, the attainment of a specific reear, or the occurrence of a subsequent event In order to receive my compensation and /or employment for performing the appraisal. I did not base the appraisal repel on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed trip appraisal in conformity, with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate at a reasonable time for exposure in the, open market Is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally Inspected the interior and exterior areas at the subject property and the exterior of all pmpentes listed as comparables in the appraisal round I tuner certify that I have noted any apparent or known adverse conditions In the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the properly value to the extent that I had market evidence to supper them. I have also commented about the street of the adverse conditions on the marketablltry, of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied an significant professional assistance from any individual or indlvjduals in the performance of the appraisal or the preparation of the appraisal report I have named such Individualjs) and disclosed the specific tasks performed by them In the reconciliation section of this appraisal report . I certify that any individual se named Is pual'died to perform the tasks_ I have not authorized anyone W make a change to any item in the report, therefore, if an unauthorized change Is made to the appraisal repon, I will take no responsibility for it SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report , he or she cenifies and agrees that I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report. agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking lull responsibility for the appraisal and the appraisal report . ADDRESS OF PROPERTY APPRAISED: S/S Golden Gate Blvd, Naples FL 34117 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: _ Name'. Harry Henderson, SRA Date Signed May 28. 2010 State Certification # -. RD3475 _ or State License #: State'. FIL - ...._. Expiration Date of Codification or License. 11130/10 Signature'. Name. Date Signed'. _ State Certification #'. or State I tempo ##. State. Expiration Date of Ce or License. [. Did Did Not Inspect Property Freddie Mac Form 439 6 -93 Page 2 of 2 Fannie Mae Form 10048 6-93 Form ACE— "WinTOTAl." appraisal software by a to mode. me — I- 800- ALAMODE q -,: I [ c �