Agenda 10/13/2009 Item #16B 1
Agenda Item No. 1681
October 13, 2009
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to approve the purchase of 2.73 acres of unimproved property which is
required for the construction of a stormwater detention and treatment pond for Phase II of
the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact:
$68,700.00).
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase
unimproved property which is required for the construction of a stormwater detention and
treatment pond associated with Phase II of the VanderbiIt Beach Road Extension Project.
(Project # 60168)
CONSIDERATIONS: The subject property (the West 180 feet of Tract 70, Unit No. 17,
Golden Gate Estates) contains a total of 2.73 unimproved acres and is located on 12th Avenue
N.E. The property is currently o~ned by The Whittingham Corporation, a Florida corporation.
The property has been identified as a favorable storm water detention and treatment pond site for
Phase II of the Vanderbilt Beach Road Extension Project. Using the most recent sales data from
the real estate market, the Transportation Division's Review Appraiser, Harry Henderson, SRA,
prepared an appraisal on December 30, 2008, estimating the current market value of the site to be
$65,500 ($24,000 per acre).
On December 4, 2008, a notice was mailed out by Transportation Division staff to The
Whittingham Corporation inviting the corporation's principals, Edward and Nanette Whittingham,
to call and discuss the sale of the subject property to the County. On December 22, 2008, they
responded by stating that they would sell the 2.73 acre property to the County for its 2008
assessed value of $136,500 (equivalent to $50,000 per acre). Mr. Whittingham later signed a
Purchase Agreement for that amount on January 14,2009. An Executive Summary was prepared
in anticipation of seeking Board approval for the purchase. However, Transportation Division
management did not consent to the amount in the Agreement, feeling that it did not meet the
Board's criteria for purchasing property at "market value", so the item was never brought before
the Board.
In June 2009 the owner of 3900 West Flagler Street, Inc. agreed to sell his 2.27 acre property to
us for $62,500. This purchase was approved by the Board of County Commissioners on July 28,
2009 as Item 16B5. This property is located two lots east of the Whittingham property and is one
of three parcels that are needed for the proposed 6B pond site (see attached location map). The
sale to 3900 West Flagler Street, Inc. was just finalized and closed on August 31, 2009. Prior to
the closing of the West Flagler parcel, Transportation stafT once again contacted Edward and
Nanette Whittingham to ask if they might be interested in renegotiating the purchase price to a
level that would be more in line with current market values. They agreed and cut their asking
price in half from $136,500 to $68,250 (which is also the value of their preliminary 2009 tax
assessment). The Purchase Agreement has been prepared and has been signed by Edward
Whittingham, the corporation's president.
Agenda Item No. 1681
October 13, 2009
Page 2 of 17
Transportation staff is recommending that the Board of County Commissioners purchase the
subject property from The Whittingham Corporation for $68,250 because the purchase price is
only 4% above the appraisal amount of $65,500.
FISCAL IMPACT: The fiscal impact is in the amount of $68,700.00 and includes the
$68,250.00 negotiated purchase price; title insurance in the approximate amount of $400.00; and
recording fees not to exceed $50.00. Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - JBW
RECOMMENDA TION: That the Board of County Commissioners of Collier County:
1. Approve the attached Purchase Agreement and authorize its Chairman to execute same on
behalf of the Board;
2. Accept the conveyance of Parcel POND6B 1 (the West 180 feet of Tract 70, Golden Gate
Estates Unit No. 17) via warranty deed 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 which may be required to carry out the collective
will of the Board.
Prepared by: Rebecca Harding, Property Acquisition Specialist, Transportation Engineering
& Construction Management
Attachments: (1) Purchase Agreement; (2) Property Location Map; (3) Appraisal Report_
Agenda Item No. 1681
October 13, 2009
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1681
Recommendation to approve the purchase of 2.73 acres of unimproved property which is
required for the construction of a stormwater detention and treatment pond for Phase II of the
Vanderbilt Beach Road Extension Project, Project No, 60168, Phase II (Fiscal Impact:
$68,700,00).
10/13/2009 9:00:00 AM
Meeting Date:
Prepared By
Rebecca Harding
Property Acquisition Specialist
Date
Transportation
Transportation ECM
91241200910:36:54 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
9125/20097:51 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
9125120098:47 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
9/2912009 11 :20 AM
Approved By
Gary Putaansuu
Principal Project Manager
Transportation Engineering and
Construction
Date
Transportation Services
912912009 3:20 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
9/29120094:12 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
10/1/200912:55 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/1/20093:04 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Agenda Item No. 1681
October 13, 2009
Page 4 of 17
Transportation Services
Transportation Services Admin
1011120093:05 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
101212009 9:22 AM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney Office
1012120093:52 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
10161200910:18 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
101612009 11 :03 AM
Agenda Item No. 1681
October 13, 2009
Page 5 of 17
PROJECT: VANDERBILT BEACH ROAD EXTENSION PROJECT # 60168
PARCEL: POND6B1
FOLIO NO.: 37444920007
PURCHASE AGREEMENT
(for Stormwater Detention Pond Site 6B1)
THIS PURCHASE AGREEMENT is made and entered into on this day of
, 2009, by and between THE WHITTINGHAM CORPORATION, whose
mailing address is 510 20th Avenue N.E., Naples, FL 34120-2539, (hereinafter collectively
referred to as "Seller"), 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, Seller owns that certain property more particularly described as the West
180 feet of Tract 70, Golden Gate Estates Unit No. 17, according to the plat thereof, as
recorded in Plat Book 7, Pages 5 and 6, of the public records of Collier County, Florida,
(hereinafter referred to as "Property"); and
WHEREAS, Purchaser requires the Property for stormwater detention purposes as part
of the Vanderbilt Beach Road Extension 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 shall sell to Purchaser and Purchaser shall purchase from Seller the Property, as
described above.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $68,250.00 (U.S. Currency)
payable at time of closing. The Purchase Price shall be subject to the apportionment and
distribution of proceeds pursuant to Paragraph 3D of this Agreement. The total payment of
$68,250.00 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 and all 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
ninety (90) days following execution of this Agreement by the Purchaser. Purchaser shall
be entitled to possession as of Closing, unless otherwise provided herein.
B. Seller 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, Seller shall
provide Purchaser with a copy of any existing prior title insurance policies. At or before
the Closing, the Seller shall cause to be delivered to the Purchaser the items specified
herein and the following documents and instruments duly executed and acknowledged, in
recordable form:
1. General Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
Agenda Item No. 1681
October 13, 2009
Page 6 of 17
(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-9 Form, "Request for Taxpayer Identification and Certification" as required
by the Internal Revenue Service.
5. Such evidence of authonty 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
and/or 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 shall pay all fees to record any curative instruments required to clear title,
all Warranty Deed recording fees, and any and all costs and/or 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 for the execution of any release, subordination or satisfaction,
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.
E. 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).
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. Inspection 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 Matenals. 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.
Page NO.2
Agenda Item No. 1681
October 13, 2Q09
Page 7 ofi 17
I
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 Materials" 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 Section 48 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 T A Commitment for an Owner's Title Insurance Policy (AL T A Form B-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 Seller in writing of any objection to title other than liens evidencing monetary
obligations, if any, which obligations shall be paid at closing. If the title commitment
contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller
written notice of its intention to waive the applicable contingencies or to terminate this
Agreement.
8. If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's
title in the manner herein required by this Agreement, the title shall be deemed
acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30)
days to remedy any defects in order to convey good and marketable title, except for liens
or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall
use its best efforts to make such title good and marketable. In the event Seller is unable
to cure said objections within said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may accept title
as it then is, waiving any objection, or 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 its own expense, to obtain a current survey of the Property prepared
by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price
shall be made based upon any change to the total acreage referenced in 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 legal access to a public
roadway, the Purchaser shall notify the Seller in writing. 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
Page No.3
Agenda Item No. 1681
October 13, 2009
Page 8 of 17
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.
7. 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, termmate 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 contemplatesJ.
hereby or otherwise fails to perform any of the terms. covenants and conditions of this
Agreement as required on the part of Purchaser to be performed, provided Seller is not in
default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel
this Agreement by giving written notice thereof to Purchaser, whereupon $500.00 of the
Purchase Price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclUSive remedy, and neither party shall have any further liability 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.
C. The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to each
of the parties, and take into account the peculiar risks and expenses of each of the
parties.
8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for Purchaser to rely on the representations contained in this Section in entering
into this Agreement and warrants the following:
A. Seller has full right and authority to enter into and to execute this Agreement and to
undertake all actions and to perform all tasks required of each hereunder. Seller is not
presently the subject of a pending, threatened or contemplated bankruptcy proceeding.
B. Seller has full right, power, and authority to own and operate the Property, and to
execute, deliver, and perform its obligations under this Agreement and the instruments
executed in connection herewith, and to consummate the transaction contemplated
hereby. All necessary authorizations and approvals have been obtained authorizing Seller
and Purchaser to execute and consummate the transaction contemplated hereby. At
Closing. certified copies of such approvals shall be delivered to Purchaser and/or Seller, if
requested.
C. The warranties set forth in this Article are true on the Effective Date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said
Property shall not be deemed to be full performance and discharge of every agreement
and obligation on the part of the Seller to be performed pursuant to the provisions of this
Agreement.
D. 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
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Agenda Item No. 1681
October 13, 2009
Page 9 of 17
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 no knowledge that any pollutants are or have been
discharged from the Property, directly or indirectly into any body of water. Seller
represents the Property has not been used for the production, handling, storage,
transportation, manufacture or disposal of Hazardous 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 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
during or prior to Seller's ownership thereof. Seller represents none of the Property has
been used as a sanitary landfill.
I. Seller has no knowledge that the Property, and/or that Seller's operations
conceming 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 regulations) that restrict or affect the use of the Property, and there are no
maintenance, construction, advertising, management, leasing, employment, service or
other contracts affecting the Property.
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 Agreement.
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
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Agenda Item No. 1681
October 13, 2Q09
Page 10 of, 17
protection of the environment which shall be in accordance with, but not limited to, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and
upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"),
including any amendments or successor in function to these acts. This provision and the
rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
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:
If to Purchaser:
Transportation Engineenng & Construction Management
Attn: Rebecca Harding
Property Acquisition Specialist
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone: 239-252-5805
Fax: 239-252-5885
With a copy to:
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Taml8mi Trail East
Naples. Florida 34112
Telephone 239-252-8400
Fax: 239-252-0225
If to Seller:
The Whittingham Corporation
510 20th Avenue N.E.
Naples, FL 34120-2539
Telephone:
Fax:
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 aim 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.
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Agenda Item NO.1 81
October 13, 2 09
Page 11 0 17
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.
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
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Donna Fiala, Chairman
Page No.7
AS TO SELLER:
DATED: /-/
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(Signature)
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Approved as to form and
legal sufficiency:
\;'Blv ~u
Assist.;rl;t County Attorney
juju IFeT<... y,J H ITL
Agenda Item No, 1681
October 13, 2009
Page 12 of 17
I
THE WHITTINGHAM CORPORATION
By: >f:",/;:;!;-:kr~~~/ .
Edward D. Whittingham, President
Page No 8
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Borrower Owner: WMtingham Corp
Property Address S/S 12th Avenue NE
_ City Naples County Collier State FL
Legal Description Golden Gate Estates Unit 17 E 180ft of Tract 70 ._ _
Sale Price S N/A Date 01 Sale_N!l\.__ Loan Termr-i-.0_.__ yrs Property Rights Appraised ,3- Fee [j Leasehold [] De Minimis PUD
Actual Real Estate Taxes S 1 ,575.74 (yr) Loan charges to be paid by seller S~Olher sales concessions N/A
- Lender/Client Collier County Gov/Transportation Division Address _~885 South Horseshoe Drive. Naples FL 34104
Occupant vacant Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Market Value
Folio #37444920007
LocatIOn
BUilt Up
Growth Rate
Property Vaiues
Demand/Supply
Marketing Time
Present Land Use
...
LAND APPRAISAL REPORT
...._ Urban
'__J Over 75%
fully Dev. [~J Rapid
I._....J increasing
....., Shortage
cr-; Under 3 Mos
~_% 1 Famiiy _% 2.4 Family
__% Industrlal_~% Vacant
Change in Present Land Use :[J Not Likely
From vacant
Owner __ Tenant
$.JJ~ to s 500,000
__ New.. yrs. to_~ yrs.
Predommant Occupancy
Single Famiy Price Range
Single Famiiy Age
l'c, Suburban Rural
!>::i 25% to 75% Under 25%
~~J Steady Slow
Stable :~ Oecining
i tn Balance >~ Oversupply
! -: 4-6 Mos. >~] Over 6 Mos.
_% Apts __% Condo_% Comme,clal
%
-~j Likely (-.I ~ ~= Taking Place (;oJ
To slnqle-famity
% Vacant
Predominant Value S_210~
Preoomlnanl Age __._!.Q yrs.
Agenda Item No.181
October 13, 2009
IFile No Whlltmohaml Pate'~~e 14 of 17
Fiie No. Whittinaham
Census T ract JJ~ Map Reference S35- T 48-R27
Zip Code 34120
Employment Stabiiity
Convenience to Empioyment
Convenrence to Shoppmg
Convemence to Schools
Adequacy a' Pubilc Transportation
Recreallonal Facilities
Adeuuacy oj Utilities
Property Compatibility
Protection from Detrlmentai Conditions
POlice and Fire Protection
Genera! Appearance of Properties
Appeal to Market
Good
:;1:=
Fair POt
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Comments incluomg these factors favorabie or unjavoraDle, affectmg marketability le.g. public parKS, schools. view, nOise) The subject is tocated irJt:'~_cenlral par:\..QL
~or;lled Collier Coun!y In Ihe Golden Gate Estates area Golden Gate Estates is a sprawlino pre-plaited subdiVision co_nsistinq of
acreao.e-tvpe slnqle-familv homesites (1.14 _tQ_!'._acres typically) in a semi-rural settlnq. Essen.0!!i._servlces are within a 35 minute d~ive.
Maintenance levels in the area are mostly averaQe
DimenSions 180 x 660 ~ _____~ Sq_ Ft. or Acres _ Corner Lot
Zonrng ciassiflcatlon Estates (2.25 acre conforming lot size mln_ \ Presen' Improvements [? do de not conform tc zonrng regutalions
Highest and best use )' Present use c:,' Other jsnecilYJ subject IS rmproved with a slngle-familv dwellinQ Improvm~_nts not included in aoaraisai
Public Other (Describe) ,-' - - o'FF SITE IMPROVEMENTS Tope Leve,-_
_______ Stree1 Access :'J Pubilc Pnvate . Size _ie.o!!'Ratlble with area
Sunace_Macadam ,Shape Re~ular
~__ Maintenance A Public _' Pnvate !Vlew Natural
septic . _ Storm Sewe; - c.! Curb/Gutter i Orainage Appears to be ad~uate.
Underground Elect & Tel ._I[.:,_SIQ~1'!1Ik _ ___C- Street ~ljJhts lis the proper1Jltocated In a HUD Iderrtif",d Special Flood Hazard Area? [x No ~__ Yes
Commems (favorable or unfavorable including any apparent adverse easemenls. ,"orca:hmeflts. or o:her adverse CDndlilons)' _..fQ.n-,,_ 0, Com m#120067 250G dtd 11/17105
No adverse conditions observed_ Typical roadwav and penmeler utllltv easments ar~_ eldan\.
The undarsil~Jned has recited three recem sates of praper11es most similar and p'oximele 10 subJet1 and h<l5 conSidered tnesE in tile market analysis The aescription in:ludes a coHar
adluslment relleGting maffie! reacHor to lhose items of sigllificam variatIOn betWeen the subjec1 ant somPJrable properties 11 a signrt1cant nem In the comparrlblc proPfl1y Is superior
10 or more favorable lhan the subjCc~ property. a minils H i1oi.Jstment IS made thus reducmQ the indi:2ted value of suble:!. if a SIgnificant item 111 the comparable is mferior to Dr less
lavorable than the subiect property, a plus (+ I adlustment is made thus increasing the Indicated vaiue oj the SUOJ8ct
l----iIEM i SU8JE~.l PROPERTY COMPARABLE NO.1 I' COMPARABLE NO.2
Address SIS 12th Avenue NE SIS 47th Avenue NE 14285 33rd Avenue NE
Naples. FL 34120 Naples, FL 34120 . Naples. FL 34120
I Proxlmitv 10 Sublect 4.73 miles NE 4.84 miles NE
Saies Price S N/A .' Is 21,9301ac 1 S 24.172/ac
PrICe Gross S .,.1 S' 25.000 Is 36.500
Data Source ---f----- ~007531 fvlh,,#20B022937
Date 01 Sale and DESCRIPTION D:qg"Illi:II~:Jl.Ad ust DESCRIPTION
~d~ustment N/A _ 8108 NQ~ 6108.__,.
LocatIOn GGE Similar Similar
~l~\II 2.73 acres 1_14 acres In S/ac l.<i..l acres
]Q~___t.1.e.Yellnatu.@L..._____ Level/natural Level/natural
Zonino Estates Estates Estates
Eiec
Gas
Water
San Sewer
-
--c---..~- ----
-----------------
--------
COMPARABLE NO.3
N!S 41 sl Avenue NW
Naples FL 34120
4_09 miles NW
IS
Is
MLS#2070270 15
1+ (- IS Adiust DESCRiPTION
Nominal 9108
21,930lac
25,000
i+'::.~
Nominal
.
Similar
1.14 acres
Level/naturai
Estates
--
in $Iac
In $Iae
-------------.--
Sales or Financing N/A Cash or Equ.v_
Concessions
~!?II.' " ,.. +-----S---- --------.;:---------.::--.$-- ! + - S
Indica led Value ." Is I I
01 SUOlect 21,930 Is 24.172 Is 21.930
Comments on Market Data: All sales involve GGE lan~s located in the qeneral vicinity of the subect. The sales are compared on a S/acre unit price
E.~";,~9."fiI:>gJh-,, need for size adjustments. The_upper end of the P.I'C8 ra.nB".is_qiven mo.~L>VE>ight Inc:on~-,:l.eratlon of the thlr1,ly-,-,-aded n~
J!Uhis markel at thiS lime. S24,000 is selected as the apohcable unit/price (Slae) for the cake area..
Comments and Conditions of Appraisal: ~73 a~~><j;~4,OOO/acr" = $652QQ..~"~_cll1~~_______
Cash or Equiv.
-----
- 1---
f--
Rnal Reconciliation.
_See Attached Limltinq Condili~__
I--- --- -- -
I ESTIMATE THE MARKET VALUE, AS DEFINED. OF SUBJECT PROPERTY AS OF
II (' It
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Haf'lYJj-'~r:!d~rson, SRI'<_______
Aporaiser(sl
ReView Aporaiser (if applicable)
1Y2KJ
Cash or Equiv_
--
------
_ DegQmber 30-=--
_2QQSL.. to De S 65.500
--
-- Did
C:i Did Not Physically Inspect Property
Collier County Government
Form LNO -' Win TOTAL" appraisal software by. 'a mode. InC_ - 1.80D-ALAMODE
...
Agenda Item No. 1681
October 13, 2009
IFile No Whlttinohaml paMi'~e 15 of 17
Location Map
Borrower/CHent Owner: Whittinaham Cora
Prooertv Address S/S 12th Avenue NE
City Naples Countv Collier State FL ZiD Code 34120
Lender Collklr Countv Govrrransportation Division
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NIl> 41st AvenUl~ NW I'
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Comparable # 2
"20'. 3:lrd Avenue NE I
4.1'14 mUlls NE
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Form MAPLOC - "WinTOTAL" appraisal software tly a la mode. inc. -1-800-ALAMODE
)0
Agenda Item No. 1681
October 13, 2009
IFlle No Whlttinoham; pafiil~e 16 ofl17
DEFINITION OF MARKET VALUE: The most probable price which a property should bring In a competihve and open market under ai' conditions
reQuisite to a fair sale. the buyer and seiler. each acting prudently, Knowledgeably and assuming t!1e pr.ice IS not affected by endue stimulus. Implicit In this
delinrllon IS the corsummatlon of a saie as of a soeclfled dale and the passing of title Irom seller to Duye' uMer condillons whereby (1) buyer and seller are
tYPICally mOllvated; (2) bJth parties are weil informed or well advised, and each acting in Vlhat he conSiders his own best interest; (3) a reasonable time IS a,lowed
for exposure in the open marKet; (4) payment IS made In lerms of cash In U.S. oollars or In lerms of finarclal arrangements comparable thereto, and (5) the pnce
represems tl1e norma conSideration for the property sold unaffecled by speCial or creatIVe finanCing or sales concessions' granred by anyone aSSOCiated with
the sale
. Adlustments to the comparables musl be made for special or creative finanCing or sales concessions No adlustments are necessary
for those costs which are normatly paid by seilers as a resull of tradlDon or law in a market area, these costs are readily Identifiable
since the seller pays these costs in VI~ually all sales transactions. Special or creatIVe flnanorng adjustments can be made to the
comparable property by eompansons to flnancrng terms offered bv a third party rnstltulrOna! lender that is not already Involved in the
property or transaction. Any ad,ust'T1enl snoulj nol be ca:culated on a mechmcal dollar lor doltar cost 0' Ihe finanCing or concession
but the joliar amount of any adjustment Should approxImate the marKet s reaction to the hnancmg or concessions based on the
appraisels ludgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears In the appraisal report :s sublect to the follOWing
conditions:
1 The appraiser will not be resoansibie for maners of a legal nature that affec' either the prope-ty being appraised or the title 10 it. The appraiser assumes tnat
the tl~e IS good and marketable and, therefore, will nat render any oprnions about the title. The propeny IS appraised on the baSIS of it Derng under responsible
ownership
2. The appraiser has provided a sketch In Ihe aopraisal report to show aporoxlmate dlr:J€nslOns 01 the Improvements and the sketch is included only to assist
the reaoer of the report in vlsual:zlng the property and understanding the appraiser's determinatIOn, of its Slle.
3 The apprarser nas examined the available flood maps thai are provided by tne Feder,: Emergency Management Agency (or Oll1er data soarces) and nas nOled
IC the aopralsal report whetl1er the subject Site IS located In an Identified SpeCial Flood Hazard Area. Because the appraiser is not a surveyor ne or she makes
no guarantees, express or Implied, regarding this determrnatlon.
4. The appraiser wli: not give teslif1l(]ny or appea' In court because he Or She made an appralsa 0' Ihe oroperty in questIOn, unless specific arrangements to do
50 have Oeen made Oeforehand
5. The appraiser cas estimated the value of the land in tne cost approach al ItS highest ~nd besl use ~nc Hle Impmvements al thell contributory value. These
separate valuations of the land and Improvements must not be used In coniunctlon witn any other appraisa and are invalid if they are so used.
6 The appraiser has noted m the appraisal report any adverse conditions (such as, needed repairs, depreciallon, tl1e presence ot hazardous wastes, 10XlC
substances. etc.) obselVed during the inspeclion of the subject property or that he or she btlGame aware of during the normal research involved in pertorming
the appraisal. Unless otherwise stated in the appraisal report, the appraiser h" no knowiedge of any hidden or unapparent conditions 0' the property or
adverse envrronmental conditions (including the presence 0' hazardous wastes, 10XIC substances etc.) that would make the properly more or less valuable and
has assumed that Ihere are no such conditions and makes no guarantees or warranties, express or Imp,;ed, regarding the condition 01 the property. The
appraiser wi!: not be responSible for any such conditions thai do eXist or lor any englneenng or testing that might be reQurred to discover wtlether SUCh
conditions eXiSt. Because the appralsel IS nol an eKPert In the field of envrrDnmemal hazards, the aporalsa! reoort musl not be consloered as an
envrronmental assessment of Ihe property.
7. 'he appraise' obtained the mformatlon, estimates. and opmlons that were expresseo In the appraisal report from sources thai he or she considers to oe
reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such Ilems that were furnished oy other
parties
The appraiser wili not disclose the conlents of the appraisal leport except as proVided for In the Uniform Standards of Prolesslof1a! Appraisal Practice
9 The appraiser has based his or her appraisal report and valuation conciusion tor an aporaisa that IS sublect to satisfactory como lei lon, repairs, or
alteratIOns on the assumption Ihat completion of the Improvements will be pert armed In a worK.manlike manner.
10 The appraiser must prOVide hiS or her pnor wrrtten consent betore Tne lenderJcllent speCified in the appraisal report can distnbute the appraisa' report
(rncludlng conclUSions about the property value. the appraisers Identi1y and profeSSional designations, and references 10 any profeSSional appraisal
organrzatlons or the jrrm With which the appraiser :s assOCiated) to anyone otl1er titan the borrower; lhe mortgagee or ItS successors and assigns; the mortgage
I1surer; consultants: professional appralsa organl1a1l0ns; any state Of federally approved financial institution; or any department. agency, or instrumentality
of the Unrted States Or any state or me Dlstnc! 01 Columbia: excepl Ihat the lenoericlienl may d,stnbule the property desenotlon section 01 tile report only to data
ccllectlon or reporting servlce(s) without haVing to obtain the appraiser's pnor wllnen consent Tne appraiser's wriffen consent and approval must also
be oDtalned before Ihe appraisal can be conveyed by anyone 10 the public througil advertising public lela1l0ns, news, sa'es, or other media
Freddie Mac Form 4396.93
Page 1 of 2
FanOle Mae Form 1 004B 6.93
Collier County Government
Form ACR - "WinTD1Al" apDfalsai software by a:a mode. inC. - '-800.ALAMODE
'..
Agenda Item No. 1681
October 13, 2009
IFile No. Whitllnohaml p~fl!!le 17 of'17
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that
1. I have researched the sublect market area and have selected a minimum 01 three recent sales of properties most similar and proximate to the subject property
for consideration In the sales comparison analysis am have made a dollar adlustment when appropriate to reflect the market reaction to those Items 01 significant
variation. n a significant item in a comparable property is superior to, or more favorable than, the sublect property, I have made a negabve adjustment to reduce
the adjusted sales price of the comparable and, it a significant item in a comparable property is imerior to, or less favorab~ Ihan the subject property, I have made
a pOSitive adjustment to mcrease the adjusted saies pnce of the comparable,
2. I have taken into consideration the tactors that have an Impacl on value In my development of the estimate of market value 10 the appraisal report. I have not
knowingly withhe'd any Significant information from the appraisal report and I believe, to the best of my knowledge that all statements and mformation in Ihe
appraisal report are true and correct.
3. I stated In lhe appraisal report only my own personal, unbiased, and profeSSional analysis, opinions, and conclusions, which are subject only 10 the contingent
and limiting conditions specified in this lorm.
4. 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 10 the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report
on the race. color, religion, sex, handicap, familial slatus, or natlona! origin of either the prospective owners or occupants 01 the subieCl property or of the present
owners or occupants of the properties in the viClOll)' of the subject property
5. I have no present or contemplated Mure interest in the subject property, and neither my current or future employment nor my compensabon 101 pertormlOg this
appraisal IS contingent on the appraised value of the property.
6. I was not reqUired to report a predetermined value or dlfection In value that lavors the cause 01 the c.ent or any related party the amount of the value estimate,
the attalOment 01 a specific result, or the occurrence 01 a subsequent event in order to receive my compensation andlor employment for pertorming the appraisal. I
did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan,
7 I performed this appraisal in conformity with the Uniform Standards of Protessional Appraisal PractlCll that were adopted and promulgated by the Appraisal
Standards Board 01 The Appraisal Foundation and that were in place as 01 the effective date of ttls appraisal, w~h the exception 01 the departure provision of those
Standards, which Ooes not apply. I acknowledge that an esbmate 01 a reasonable time for exposure in the open market is a condition in the definition at market value
and the estimate I developed IS consistenl with the marKeting time noted in the neighborhood section of this report, unless I have otherwise stated in the
reconciliation section.
B I have personally inspected the interior and exterior areas 01 the subject property and the exterior of ail properties listed as comparables 10 the appraisal report,
I furtner certify that I have noted any appalent or known adverse condihons in the subject Improvements, on Ihe sublect site, or on any site wlthm the Immediate
vicinily of the subject property of which I am aware and have made adjustments for these adverse condlllons In my analysis of the property value to lhe extent that
I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marKetability of the subject property.
9. I personally prepared all conclusions and opinions about the real eslate that were set forth in the appraisal report. n I relied on significant profeSSional
assistance from any mdividual or Individuals in the pertormance 01 the appraisal or the preparation of the appraisal report, I have named such individual(s) and
disclosed the specific tasks pert armed by toem In the reconciliation section of this appraisal report. I certily that any individuai so named Is Qualitied to pertorm
the tasks. I have not authonzed anyone to make a change to any ~em in the report: therefore, if an unauthorized change is made to the appraisal report, I will take
no responsibility for it
SUPERVISORY APPRAISER'S CERTIFICATION: ~ a supervisory appraiser signed the appraisai report, he or she certifies 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 hy the appraiser's certifications numbered 4 through 7 above, and am tai<lng full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: SIS 12th Avenue NE, Naples, FL 34120
APPRAISE,,:
Signature il r: / ~-
Narre: HarT Henderson, SRA
Date Signed: 12/30108
State Certification #: RD3475
or State license #:
State: FL
Expiration Date 01 Certification or license .11L~l1(L_____.
SUPERVISORY APPRAISER (only if required):
Signature:
Name:
Date Signed:
State Certillcation #:
or Stale license #:
State:
ExPiration Date of Cerrification or License:
'__ Old
_J Did Not Inspect Property
Freddie Mac Form 439 6-93
Page 2 01 2
Fannie Mae Form 1004B 6.93
Form ACR - 'WinTOTAL' appraisal sottware by a la mode, inc. -1-800-ALAMODE