Agenda 09/14/2010 Item #16A 9
Agenda Item No. 16A9
September 14, 2010
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve a Purchase Agreement for right-of-way required for the
installation of another turn lane on Progress Avenue at Livingston Road. Project No.
60188. (Fiscal Impact: $93,027)
OBJECTIVE: To purchase a parcel of right-of-way required to add another turn lane on
Progress Avenue at the intersection with Livingston Road.
CONSIDERATIONS: An additional turn lane must be added to Progress Avenue in order to
maintain system capacity. The existing right-of-way for Progress Avenue is insufficient to
accommodate an additional turn lane.
The property on the north side of Progress is improved with the Coastal Beverage distribution
center. The property oil the south side of Progress is vacant and is owned by United Parcel
Service (UPS).
An estimate of the market value of the proposed right-of-way required from UPS was prepared
by State certified real estate appraiser, Harry Henderson, SRA (copy attached). UPS agreed to
sell the proposed right-of-way to the County for the amount of the County's appraisal ($96,000)
LESS the cost of the sidewalk ($20,000) that they would have been required to construct at their
expense as one of the conditions of the approval of their Site Development Plan for expanding
their parking and water management system.
Since their SDP for parking expansion and water management system modification had already
been submitted to the County for review and approval, UPS requested that the County reimburse
their engineers (Reynolds, Smith and Hills, Inc., "RS&H") directly for the cost to modify the
SDP to accommodate the sale of the proposed right-of-way to the County. A maximum limiting
cap of $17,000 for engineering fees (to be supported by time and materials invoices) has been
negotiated with UPS and RS&H.
FISCAL IMPACT: Funds in the amount of $93,027.00 are available in the Naples Production
Park MSTU, Fund 138-112555. Expenditures are broken down as follows. . . Market value of
land: $96,000. Less cost of sidewalk being constructed by County that UPS would otherwise
have to have built as a condition of SDP approval: $20,000. Plus engineering fees for SDP
redesign in an amount not to exceed $17,000. Plus Quitclaim Deed recording fees of $27.
($96,000 - $20,000 + $17,000 + $27 = $93,027).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
Agenda Item No. 16A9
September 14, 2010
Page 2 of 16
1. Approve the attached Purchase Agreement and authorize its Chairman to execute same on
behalf ofthe Board;
2. Accept the conveyance of Parcel No. 190FEE and authorize the County Manager or his
designee to record the deed in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction, and to
reimburse RS&H pursuant to the terms of the Agreement;
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 which may be required to carry out the collective
will 0 fthe Board.
Prepared by: Kevin Hendricks
Right-of-Way Acquisition Manager
Transportation Engineering Department
Attachments: (1) Purchase Agreement with Exhibit "A" and "B"
(2) Location Map
(3) Appraisal Report
Agenda Item No. 16A9
September 14, 2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A9
Recommendation to approve a Purchase Agreement for right-of-way required for the
installation of another turn lane on Progress Avenue at Livingston Road. Project No. 60188.
(Fiscal Impact: $93,027)
9/14/20109:00:00 AM
Meeting Date:
Prepared By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
8/23/20109:24:20 AM
Approved By
Julio F. Ordonez
Project Manager, Principal
Transportation Engineering &
Construction Management
Date .
Transportation Division
8/24/2010 1 :40 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/24/20104:02 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
8/24/20104:38 PM
Approved By
Rookmin Nauth
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/25/20109:57 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
8/25/20103:32 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
8/25/20106:54 PM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
8/26120103:02 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Agenda Item No. 16A9
September 14,2010
Page 4 of 16
Transportation Division
Transportation Planning
8/31/2010 2:52 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
8/31120103:58 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
9/1/20102:09 PM
Approved By
Jeff Klatzkow
County Attorney
Date
9/2/201012:54 PM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
9/7/20104:56 PM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
9/7/20105:56 PM
Agenda Item No. 1 A9
September 14, 2 10
Page 5 0 16
PROJECT: Progress Avenue Expansion
PARCEL No{s): 190
FOLIO No{s): 00281840005 .
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 2010, by and between
UNITED PARCEL SERVICE, INC., an Ohio corporation, whose mailing address is 55
Glenlake Parkway, NE, Atlanta, GA 30328, (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 fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner has agreed to quitclaim the Property 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
Property; and
WHEREAS, Owner had a,n approved site development plan for the expansion of
its parking and water management system on the Property's parent tract; and
WHEREAS, conveyance of the Property to Purchaser will require modification of
Owner's site development plan; and
WHEREAS, Owner has selected the engineering firm of Reynolds, Smith and
Hills, Inc., (hereinafter referred to a "RS&H") to modify Owner's site development plan;
and
WHEREAS, Owner desires for Purchaser to directly compensate RS&H for the
services required to modify the site development plan; and
WHEREAS, Purchaser is willing to compensate RS&H directly for the services
required to modify the site development plan; and
WHEREAS, in accordance with the Collier County Land Development Code,
Owner would have been required to construct a sidewalk along Progress Avenue as
part of its site development plan for the expanded parking and water management
system; and
WHEREAS, as part of its Progress Avenue Expansion project, Purchaser is
constructing a sidewalk along Progress Avenue; and
WHEREAS, it is appropriate to reduce the amount of compensation to Owner in
an amount equivalent to the cost to construct the sidewalk.
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. 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.
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Agenda Item No. 16A9
pSeptember 14, 2010
age 2 Page 6 of: 16
2. The purchase price (the "Purchase Price") for the Property shall be $96,000
(U.S. Currency), which represents the value of the land. Purchaser shall
deduct the cost of sidewalk construction ($20,000) from the Purchase Price for
an amount due to Owner of $76,000 ("Balance Due") which shall be paid to
Owner at time of closing, which shall occur no later than 90 days from the
effective date of this Agreement (said transaction referred to as the "Closing").
Said payment to Owner, payable by wire transfer as directed by Owner at the
time of the delivery of the Quitclaim Deed, shall be full compensation for the
Property 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 all other
damages in connection with conveyance of said Property to Purchaser,
including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes. Purchaser shall pay all closing costs.
3. Owner shall convey title by Quitclaim Deed without any warranty of any kind or
any kind or nature including any warranty of title. At the closing 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"):
a) Quitclaim Deed;
b) Closing Statement;
c) Grantor's Non-Foreign and Taxpayer Identification Affidavit;
d) W-9 Form; and
e) A Certificate of Authority executed by Owner's assistant secretary as
evidence of authority and capacity of Owner's signatories to execute and
deliver this agreement and all other documents required to consummate
this transaction.
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 both Parties. At Closing, the Balance Due shall be paid to
Owner in that amount shown on the Closing Statement as "Net Cash to Owner"
by wire transfer as directed by Owner, and a copy of the Closing Statement
executed by Purchaser shall be delivered to the Owner. Owner shall deliver
the Closing Documents to Purchaser with the Quitclaim Deed in the form
attached hereto as Exhibit "B" and made a part hereof. Purchaser shall be
entitled to full possession of the Property at Closing.
5. Purchaser shall directly compensate RS&H for services required to modify
Owner's site development plan for expansion of its parking and water
management system, as a result of Owner's sale of the Property to Purchaser.
Payments, up to a maximum limiting aggregate amount of $17,000, shall be
made to RS&H upon the submission of invoices to Purchaser describing the
work that was performed. To the extent permitted by law, Purchaser shall
indemnify, defend and hold harmless Owner for any breach of Purchaser's
agreement to compensate RS&H. The forgOing indemnification shall not
constitute a waiver of Collier County's sovereign immunity beyond the limits set
forth in Florida Statues, Section 768.28, nor shall the same be construed to
constitute agreement by either party to indemnify the other party for such other
party's negligent act or omissions. This provision shall survive Closing and is
not deemed satisfied by conveyance of title.
6. Owner agrees, represents and warrants to the best of its knowledge without
independent inquiry the following:
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Agenda Item No. 16A9
p~gw~mber 14,2010
Page 7 of 16
a) Owner has full right, power and authority to execute this Purchase
Agreement.
b) Until the date fixed for Closing, so tcmg as this Agreement remains in
.force and effect, Owner 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, 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.
7. Purchaser shall pay all fees to record any curative instruments required to clear
title, and all Quitclaim Deed 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. Purchaser shall be liable for
all Closing Costs.
8. In accordance with the provisions of Section 201.01, Florida Statutes,
concerning payment of documentary stamp taxes, since the Property is being
acquired for a capital improvement project approved by the Board of Collier
County Commissioners as part of the Transportation Element of Collier
County's Growth Management Plan it is being acquired under threat of
condemnation and the consideration paid therefore is exempt from the payment
of documentary stamp taxes.
9. All ad valorem real estate taxes due on the Property during Owner's term of
possession, for which a bill is rendered prior to closing, will be charged against
Owner on the closing statement. Real Property taxes shall be prorated based
on the current year's tax and paid by Owner. If Closing occurs at a date when
the current year's millage is not fixed, taxes will be prorated based upon such
prior year's millage.
10. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
11. Conveyance of the Property 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
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
12. 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.
13. 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.
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Agenda Item No. 16A9
p~ggwmber 14, 2Q10
Page 8 0 16
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
Fred W. Coyle, Chairman
AS TO OWNER:
DATED:
UNITED PARCEL SERVICE, INC., an
Ohio corporation
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
(t}-'
Assistant County Attomey
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PROGRESS AVENUE (60' R/W)
SO'03'13"E 30.00' SBnl'1n 518.00'
_OZ1'1n 544.QO'
Agenda Item No. 16A9
September 14 2010
e of 16
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GENERAL NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST
UNE OF THE NORTHEAST QU"RlER OF SECllON 36.
TOWNSHIP 4-9 SOUTH, RANGE 25 EAST AS BEARING
NOO"ll2'1ln1V.
2. THIS DOCUMENT IS NOTVAUD W1lHOUTTHE SIGNATURE
ANO ORIGINAl R.6.ISED EMBOSSED SEAL OF THE
PROFESSIONAL SURVEYOR AND MAPPER UNDER'MiOSE
SUPERVISION rrWAS PREPARED.
3. THIS DOCUMENT IS PROPER7Y OF COWER COUNTY
TRANSPORTATION DIVISION AND NO OTHER ENTllY SHAll
BE ENTIllED TO USE IT OR THE CA TA CONTAINED THEREIN.
POINT OF COMMENCEMENT
EAST 1/4 CORNER
SECTION 36, TOWNSHIP 49 SOU'l'H
RANGE 25 EAST
LEGAL DESCRIPTION:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36. TOWNSHIP 49 SOUTH, RANGE 25 EAST;
THENCE RUN NOO"02'IS"W ALONG THE EAST UNE OF THE NORTHEAST QUARTER OF SAID SECTION 36
AND THE WESTERLY RIGHT-OF-WAY OF UVINGSTON ROAD A DISTANCE OF 1316.96 FEET TO THE POINT
OF INTERSECTION OF SAID UNE WITH THE SOUTH RIGHT-OF-WAY UNE OF PROGRESS AVENUE; THENCE
RUN S89"21'1S"W ALONG SAID SOUTH RIGHT-OF-WAY UNE A DISTANCE OF 75,00 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE S89"21'IS"W ALONG SAID SOUTH RIGHT-OF-WAY UNE A DISTANCE
OF 516.00 FEET; THENCE RUN SOO"03'13"E A DISTANCE OF 30.00 FEET; THENCE RUN N89.21'IS"E"
DISTANCE OF 546.00 FEET; THENCE RUN N45"20'46"W A DISTANCE OF 42.20 FEET TO THE POIN1,~"'''' "/1 I I." ~.
BEGINNING. CONTAINING THEREIN 0.366 ACRES OR 15,929.53 SQUARE FEET, MORE OR ~("., "i rol; 'ii' '',11) "",,'. .
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THIS
IS NOT A SURVEY
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BOARD OF COLLIER: o~..,;,C01lOCSSIPNERS
TRANSPORTATION CD> DIVISION
ROAD WADlTENANCI: DEpAin'w!mT ,
aeae SOUTH HOR8DIHOJ: DRNJ:
M'APL2S. PLORIDA. Mt.04. (280) 1168-81_
DRD DAlE:
DRD 11/23/09
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TIllE:
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SKETCH AND DESCRIPTION
PROGRESS AVENUE R,/1r
SHEET
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Agenda Item No. 16A9
September 14,2010
Page 10 of 16
EXHIBIT B
QUITCLAIM DEED
THIS INDENTURE, Made this _ day of
.2010,
By United Parcel Service, Inc., a corporation existing under the laws of the State of Ohio,
hereinafter collectively 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 collectively referred to as "Buyer",
WITNESSETH: That Owner, for and in consideratiol) of the sum of $10.00 Dollars, and other
valuable considerations, lawful money of the United States of America, to Owner in hand paid by the
Buyer, the receipt whereof is hereby acknowledged, has remised, released and quitclaimed to the
Buyer, Buyer's heirs and assigns forever, all the rights, title, interest and claim of the Owner in and to
the following described land in Collier County, Florida, to-wit:
See Exhibit "An attached hereto and made a part hereof.
To Have and to Hold, the above described premises, with the appurtenances, unto Buyer, Buyer's
heirs and assigns forever.
IN WITNESS WHEREOF, Owner has caused these presents to be executed in its name, and its
corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and
year first above written.
UNITED PARCEL SERVICE, INC.
By:
Vice President
ATTEST:
AsstJ Secretary
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
STATE OF GEORGIA
COUNTY OF FULTON
The foregoing instrument was acknowledged before me this _ day of , 2010 by
as Vice President on behalf of the corporation. He/she is
personally known to me or has produced driver licensees) as identification.
Printed Name:
Notary Public
My Commission expires:
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Predoninant Occupancy
Si1gle family Price Range
Single Family Age
Borrower Owner: United Parcel Service
PmpeI\y Address Pro ress Ave/Commercial Blvd
City Naples County CoOier State FL Zip Code 341 04
l.egaI Description 364925 Comm El/4 Cnr See 36 N 260.01ft & POB S89De W 590.43ft N 1057.02ft N89De E 590.02ft S1057.14ft to POB
Sale Price $ N/A Dale of Sale N/A Loan Term~ yrs. Property Rights Appraised [g] Fee 0 Leasehold
Actual Real Estate Taxes $ 66,578.95 (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A
LenderICIent Collier County TE/CM Address 2885 S. Horseshoe Drive Na les FL 34104
Occupant UPS Dist.Fac. Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Market Value/Partial Takin ROW
ForlO #00281840005
l.Dcation Rural
Buill Up 0 Under 25%
GrowIII Rate 0 Fully Oev. IZI Slow
PmpeI\y VakJes IZI Declining
DII11aIIVS~ply 0 Oversupply
Mar1celing lime 0 Under 3 Mos. 0 4.6 Mos. IZI Over 6 Mos.
Present Land Use --.J!.% 1 Family ---.Q% 2.4 Family ---.Q% Apts. ---.Q% Condo ~% Commercial
65% Industrial 5% Vacant 5% Gov.
Change in Present Land Use 0 Not Likeiy -IZI Likely (*) 0 Taking Place (*)
(*J From vaeant To Industrial
IZI Owner 0 Tenant ---L% Vacant
$ N/A to $ N/A Predominant Value $ N/A
~ yrs. lo~ yrs. Predominant Age N/A yrs.
Census Tract 105.03
LAND APPRAISAL REPORT
M inFII
Employment Stability
Convenience 10 Employment
Convenience 10 Shopping
Convenience to Schools
Adequacy of Public Transportation
Recreational Facilities
Adequacy of lItirrties
Property Compatibility
Protection from Detrimental Conditions
Police and Fire Protection
General Appearance of Properties
Appeal 10 Market
Good Avg. Fair Poor
D[g]DD
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DIZIDO
D[g]DO
D[g]DD
D[g]DO
D[g]DO
DIZIDO
D[g]DO
D[g]DD
DIZIDD
GommenIs including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise):The sub'ect ro ert has a centralloeation
within reater Na les in an established industrial area situated between Ai ort Road and Livin ston Rd known as Production Park. General-use
industrial bulldin s warehouses industrial sho s and automotive re air facililies are ieal for the area. Business offices and eneral.use
commercial facilities are also extant. Maintenance levels in the area are mostl avera e.
Dinensions Rectanqular 14.68 Sq. Ft. or Acres Comer Lot
Zming classifICation I-Industrial Present Improvements [g] do 0 do not conform to zoning regulalions
Highest and best use IZI Present use
Public Other (Describe)
IZI
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Wa1er IZI
San. Sewer [g]
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EIec.
Gas
ieal
[g]NoDVes
The
in $/sl
in $/sl
-1.41
-1.71
-1.42
N/A
Cash or equiv.
Cash or equiv.
Cash or equiv.
.1.49
ro osed ROW arcel - 96 000
March 18, 20~ to be $
96 000
o Did 0 Did Not Physically Inspect Property
Collier County Government
Form LND - "WinTOTAL' appraisal software by a la mode, inc. -l.80D-ALAMODE
Supplemental Addendum
Borrower/Client Owner: United Parcel Service
Address Pro ress Ave/Commercial Blvd
Na les
Lender Collier Cou TE/CM
. Land : Market Data
The sale prices shown for the comps have been adjusted to reflect the portion of the price attributable to the land after
extrecting the contnbutory value of existing building improvements (inc/usive of entitlement attainment value, entrepreneurial
profd and imbedded impact fees).
IMainFile}if9'if~PfWllr~f~0. 16A9
FileNo UPS ROW September 14, 2010
. 13 of 16
Cou
Collier
State FL
Zi Code 34104
The subject and comps are compared on a unit/price ($/sf) basis thereby eliminating the need for direct land size adjustments.
A size adjustment factor is applied (15%) which reflects basic economies of sale whereby- all else being equal- significantly
smaller lots tend to sell for higher unit prices when compared to their larger counterparts. Time adjustments reflect declining
price levels of 1/4% per month which have been observed in this market during 2008.2009, and into 2010. The subject and
comparable sites are judged to be similar with respect to locational appeal. The comps adjusted unit/prices ($/sf) range from
$7.85/sf to $9.03/sf. A unit/price of $8/sf is selected as most reasonable for the subject parent tract lands and taking parcel.
Note that existing improvements on the parent tract are judged to be uneffected by the proposed ROW parcel and are therefore
not considered in this analysis.
. Land: Conditions of ADDraisal
The subject parcel to be acquired is a ROW easement along the Progress Avenue frontage to be utilized for a turn lane and
other improvements. This will be a 30ft-wide strip having a land area of 15.930sf. The encumbrance represented by this
easement is judged to be 100% of the fee interest. Note that a portion (7853sf) of the proposed ROW easement area is already
encumbered by an existing public Drainage Easement. The existing encumbrance associated with this easement is estimated
at 50%. Compensation calculations for the proposed ROW parcel are therefore split between the unencumbered portion of the
proposed parcel (8.077sf) and the portion encumbered by the existing drainage easement (7,853).
Unencumbered area 8077sf x $8/sf = $64,615 (rounded)
Encumbered area 7853sf x $8/sf x 50% existing encumbrance = $31,410 (rounded)
Total Estimated Compensation for land: $96.000 (rounded)
Form TADD - 'WinTOTAL" appraisal software by a la mode, inc. -l-BOO-ALAMODE
Location Map
IMain File~IffA~11 r~ftlJo. 16A9
September 14, 2010
14 of 16
Cou Collier
State FL
Zi Code 34104
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Form MAP.LOC - 'WinTOTAL' appraisal software by a la mode, inc. - t-BOO-ALAMODE
IMain File A't~~mr'lfM.r1lJo. 16A9
September 14, 2010
Page 15 of 16
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a compet~ive and open market
under aU cond~ions requis~e to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not
affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised,
and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4)
payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents
the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone
associated w~h the sale.
. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are
necessary for those costs which are normally paid by sellers as a resull of trad~ion or law in a market area; these costs are
readly identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party
instiMional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a
mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate
the markers reaction to the financing or concessions based on the appraiser's judgment.
STATEMENT OF LIMITING CONDITIONS AND CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The inspector's certification that appears in the appraisal report is subject to the
following conditions:
1. The inspector will not be responsible for matters of a legal nature that affect either the property being appraised or the title to~. The
appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the t~le. The property is
valued on the basis of ~ being under responsible ownership.
2. Any sketch provided in the appraisal report may show approximate dimensions of the improvements and is included only to assist
the reader of the report in visualizing the property. The inspector has made no survey of the property.
3. The inspector will not give testimony or appear in court because he or she made an appraisal of the property in question, unless
specific arrangements to do so have been made beforehand.
4. Any distribution of valuation between land and improvements in the report applies only under the existing program of utilization.
These separate valuations of the land and improvements must not be used in conjunction w~h any other appraisal and are invalid if they
are so used.
5. The inspector has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions
(including the presence of hazardous waste, toxic substances, etc.) that would make the property more or less valuable, and has
assumed that there are no such cond~ions and makes no guarantees or warranties, express or implied, regarding the cond~ion of the
property. The inspector will not be responsible for any such cond~ions that do exist or for any engineering or testing that might be
required to discover whether such cond~ions exist.
6. The inspector obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or
she considers to be reliable and believes them to be true and correct. The inspector does not assume responsibility for the accuracy of
such ~ems that were furnished by other parties.
7. The inspector will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional
Appraisal Practice.
8. The inspector has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
9. The inspector must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the
appraisal report (including conclusions about the property value, the inspector's identity and professional designations, and references to
any professional appraisal organizations or the firm with which the inspector is associated) to anyone other than the borrower; the
mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally
approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;
except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s)
without having to obtain the inspector's prior wr~ten consent. The inspector's written consent and approval must also be obtained
before the appraisal can be conveyed by anyone to the public through advertising. public relations, news, sales, or other media.
10. The inspector is not an employee of the company or individual(s) ordering this report and compensation is not contingent upon the
reporting of a predetermined value or direction of value or upon an action or event resulting form the analysis. opinions, conclusions, or
the use of this report. This assignment is not based on a required minimum, specific valuation, or the approval of a loan.
Page 1 of 2
Collier County Government
Form OLC_OEFD - "WinTOTAL' appraisal software by a la mode, inc. -1-800-ALAMOOE
IMainFile~9~~~llr~1rfijO. 16A9
September 14, 2010
Page 16 of 16
CERTIFICATION: The inspector certifies and agrees that:
1. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are
subject only to the contingent and limiting condnions specified in this form.
2. I 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, enher partially or completely, my analysis
and/or the estimate of market value in the appraisal report on the race, color. religion, sex, handicap, familial status, or national origin of
enher 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.
3. I have no present or contemplated future interest in the subject property. and neither my current or future employment nor my
compensation for performing this analysis is contingent on the appraised value of the property.
4. I performed this analysis 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.
5. I have personally inspected the exterior areas of the subject property and the exterior of all properties listed as com parables in the
appraisal report. To the best of my knowledge and belief, all statements and information in this report are true and correct, and I have
not knowingly withheld any signifICant information.
6. I personally prepared all conclusions and opinions about the real estate that were set forth in the inspection. I have not authorized
anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no
responsibility for n.
ADDRESS OF PROPERTY ANALYZED: ProQress Ave/Commercial Blvd, Naples, FL 34104
INSPECTOR:
Signature:
Name: Harry Henderson, SRA
Date Signed: March 18, 2010
Slate Certification #: RD 3475, RG1153NJ
or State License #:
Slate: FL
Expiration Date of Certification or License: 11/30/10
Page 2 of 2
Fonn DLC DEFD - 'WinTOTAl." appraisal software by a la mode, inc. -1-800-ALAMODE