Agenda 06/24/2008 Item #16G 9
Agenda Item No. 16G9
June 24, 2008
Page 1 of 53
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EXECUTIVE SUMMARY
Recommendation for the Community Redevelopment Agency (CRA) to approve the
purchase of a commercial property located in the Bayshore Gateway Triangle
Redevelopment Area; authorize the CRA Chairman to execute the real estate contract;
approve payment from and authorize the Executive Director to make a payment from
Fund (187) in the amount of $750,000 plus cost and expenses to complete the sale of subject
property. Site address: 4315 Bayshore Drive ($750,000)
OBJECTIVE: To receive Community Redevelopment Agency (CRA) approval to purchase a
commercial property located in the Bayshore Gateway Triangle Redevelopment Area; authorize
the CRA Chairman to execute the real estate contract; approve payment from and authorize the
Executive Director to make a payment from Fund (187) in the amount of $750,000 plus cost and
expenses to complete the sale of subject property. Site address: 4315 Bayshore Drive ($750,000).
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CRA BACKGROUND: On March 14, 2000, the Collier County Board of County
Commissioners made a finding of conditions of blight and adopted Resolution 2000-83
establishing the Community Redevelopment Agency. Florida Statute 163 gives the CRA powers
to buy and sell real property. Specifically:
. Florida Statutes 163,358 -- "Exercise powers in carrying out community redevelopment
and related activities" -- gives the CRA power to acquire property.
. Florida Statutes 163.370 -- "Powers; counties and municipalities, community
redevelopment agencies" -- delineates other powers necessary to carry out the purchase.
/....-..
The following sections of Florida Statutes 163 authorize CRAs to acquire property in the
community redevelopment area when necessary to eliminate unhealthful, unsanitary, or unsafe
conditions:
. FS 163.3 70(1 )( c) -- "Powers; counties and municipalities; community redevelopment
agencies":
o Para (1)( c )6: Acquisition 0 f real property in the community redevelopment area
which, under the community redevelopment plan, is to be repaired or rehabilitated
for dwelling use or related facilities, repair or rehabilitation of the structures for
guidance purposes, and rcsale of the property.
o Para (I)(c)7: Acquisition of any other real property in the community
redevelopment area when necessary to eliminate unhealthfuL unsanitary, or
unsafe conditions; lessen density; eliminate obsolete or other uses detrimental to
the public welfare; or otherwise to remove or prevent the spread of blight or
deterioration or to provide land for needed public facilities.
o Para (I )(h)2: Within its area of operation, to make or have made all surveys and
plans necessary to the carrying out of the purposes of this part; to contract with
any person, public or private, in making and carrying out such plans; and to adopt
or approve, modify, and amend such plans, which may include, but are not limited
to: Plans for the enforcement of state and local laws. codes. and regulations
relating to the use of land and the use and occupancy of buildings and
improvements and to the compulsory repair, rehabilitation. demolition, or removal
of buildings and improvements.
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Agenda Item No. 16G9
June 24, 2008
Page 2 of 53
SITE BACKGROUND: The subject site is located at the northeast corner of the Bayshore
Drive and Jeepers Drive intersection (EXHIBIT A) and is directly north of the East Naples Fire
Station. The site has an underlying zoning of C-4 with a Bayshore Mixed Use - Neighborhood
Commercial (BMUD-NC) overlay designation, There are two buildings on the site, a single-
family residence that was originally constructed in 1972 and service garage constructed in 1970.
The site currently operates as a small engine repair and welding shop. The buildings are legally
non-conforming and may be adaptable to other uses, but not without extensive remodeling that
would invoke current building codes.
The site is known to contain underground storage tanks which operated from around 1969 to
1980 and contained leaded gasoline. The owner reported that the tanks were filled and closed in
place with concrete; however, no tank closure report was filed with Florida Department of
Environmental Protection (FDEP). The CRA staff contacted the Collier County Pollution
Control Department and their records (EXHIBIT B) report the site did contain underground
tanks containing leaded gasoline tanks from around 1969 to 1980 and was reported to the
Environmental Protection Agency (EPA)/Department of Environmental Protection (DEP) as
having the piping removed and the tanks being filled and closed in place with concrete. This
procedure was not supervised by a consultant and no formal record documenting the closure
procedure was required at that time. Therefore, details such as whether the tanks or lines were
purged of all petroleum product are not known. The tanks had been closed for approximately 10
years before the Pollution Control Department performed an inspection in 1991.
Since August 2006, the Executive Director has pursued the site for purchase due to the
development benefits and potential negative impacts the site could have on development of the
adjacent 17 acres the CRA owns. In 2006, the property was for sale by owner for $1,600,000.
The site was listed with an agent on December 29,2007, for $1,200,000. However, the owner
was not favorable to a reduction in his asking price. On February 29, 2008, the listing price was
reduced to$I,190,000. In March 2008 the listing agent informed the CRA the price had been
reduced to $995,000. Given that the reduced price appeared to approach current market values,
the CRA Advisory Board approvcd staff to commission an appraisal of the site. The March 27,
2008, appraisal determined the site to be valued at $750,000 (EXHIBIT C). Note the Summary
Appraisal Report was prepared for the site before the Phase II was completed and $750,000
estimates the value of the site as if it were uncontaminated. Additional assessment would refine
the cost estimate but even the completion of a full Site Assessment Report does not insure that an
accurate accounting of the full cost and timeframe to obtain a FDEP No Further Action (NF A)
letter will be obtained. The identification of additional contaminated material, equipment
malfunctions, and changc orders are commonplace in site remediation.
Upon recommendation of the CRA Advisory Board, the Executive Director made an offer to
purchase the site for the appraised value of $750,000 contingent upon approval by the CRA
Board and satisfactory completion of the due diligence period that included an environmental
assessment. On April 30, 2008, the property owners (Hubert and Nancy Bevins) agreed to the
terms and signed a Commercial Contract. The CRA staff commissioned a Phase I and Phase II
Environmental Assessments of the site. The Environmental Site Assessments (ESA) report was
released on May 13, 2008 (EXHIBIT D).
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Agenda Item No. 16G9
June 24, 2008
Page 3 of 53
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ENVIRONMENTAL SITE ASSESSMENT:
Conclusions -- The Phase II conclusions included:
. Soil Samples: Contamination levels were not detected in excess of the applicable FDEP
commercial Soil Cleanup Target Levels (SCTLs) in the soils located above the water
table. Soil samples from below the water table, were in excess of the SCTLs.
. Groundwater Samples: Pollutant concentrations exceed the applicable State of Florida
Groundwater Cleanup Target Levels and the Natural Attenuation Default Source levels.
The concentration of Total Xylenes reported in the Temporary Monitoring Well were 680
micrograms per liter (j!g/L), which is over three times the Default Source levels that
would cause the FDEP to require site remediation.
Recommendations -- The consultant's recommendations in the Phase II and actions taken:
. Recommendation - Owner submit a Discharge Report Form (DRF) to the appropriate
agencies.
o Action Taken - Owner signed a DRF and the CRA staff forwarded the completed
form to the appropriate agencies.
. Recommendation - Owner initiate a Site Assessment Report (SAR) to horizontally and
vertically delineate the extent of petroleum impacts.
o Actions Taken-
. CRA Staff acquired a scope of services and quote of $11,750 to perform
the SAR (EXHIBIT E).
. CRA Staff negotiated a contract addendum with the seller to allocate
$100,000 of the sellers' sales proceeds to be held in an escrow account and
used for purposes of "Site Rehabilitation." (Definition: the assessment of
site contamination and the remediation activities that reduce the levels of
contaminants at the site through accepted treatment methods to meet the
FDEP cleanup target levels.)
The SAR (EXHIBIT E) will include appropriate recommendations for the next phase of
remediation and estimated costs to complete. The Phase II consultant estimated the cost to
remove the tanks at $30,000 to $50,000. To perform an Initial Remedial Action (IRA) which
would remove the tanks and contaminated soil the cost was estimated to be $100,000 to
$200,000, depending on the amount of soil removed. The Pollution Control Department also
recommends dewatering the excavation, treating the contaminated ground water with an air
stripping tower and removal of contaminated soil that is currently "beneath" the ground water
table. Follow up Natural Attenuation monitoring of the groundwater will likely be required
before a FDEP No-Further-Action (NF A) letter is received.
BROWNFIELDS REDEVELOPMENT PROGRAM: The Florida Brownfields
Redevelopment Act was created to assist in the reduction of public health and environmental
hazards on existing commercial sites and the reuse of these lands. The existence of brownfields
within a community may contribute to overall community decline, and brownfields
redevelopment, properly done, can be a significant element in community revitalization.
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Agenda Item No. 16G9
June 24, 2008
Page 4 of 53
The Act is composed of four cornerstones that break down impediments to redevelopment, and
can facilitate the reuse of commercial lands into productive, economically viable land:
I. Uniform cleanup target levels;
2. Liabilitv protections;
3. Expedited reviews and time limits; and
4. Financial assistance.
The program is "voluntary": where the person responsible for the contamination or a person
totally removed from the causation chooses to "voluntarily" cleanup and redevelop the site.
Program eligibility allows any person or any governmental entity that has not caused or
contributed to the contamination of a brownfield site to participate in the program and execute a
Brownfield Site Rehabilitation Agreement (BSRA) with FDEP. Any site is eligible for
designation by a local government provided certain statutory requirements are met
CONSIDERA nONS: The site is adjacent to and borders a 17 acre site purchased by the CRA
in 2006 that is planned for development of a mixed use catalyst project for the Bayshore area.
The CRA Staff and Local CRA Advisory Board recommend the purchase of the subject site and
that it is added to the 17 acre redevelopment project. It will be instrumental in the development
of the 17 acres and the overall redevelopment of the Bayshore area to include the CRA-proposed
Cultural District recommended by the CRA in CRA Resolution No. 2008-60 on March II, 2008.
Controlling this site through CRA ownership will ensure that it will be properly rehabilitated,
cleaned of any contaminants, and returned to public use. Of local concern is potential for the
natural flow of contaminated groundwater from this site towards Lake Kelly and the possibility
of compromising future site redevelopment of the CRA's 17 acre parcel.
The offer to purchase the site for the appraised value of $750,000 (with the sum of $100,000 to
be deducted from the sellers' proceeds and held in escrow to pay for Site Rehabilitation) was.
presented to the Bayshore Gateway Triangle CRA Local Advisory Board on June 6, 2008. The
Advisory Board unanimously recommended the purchase to the CRA Board and by way of this
document forwards the commercial contract and addendums for review (contract attached).
FISCAL IMPACT: Funds in the amount of $750,000 plus cost and expenses for the purchase
are available in the Bayshore Gateway Triangle Fund (187) FY2008 budget for Capital
Expenses. Future CRA costs to rehabilitate the site (if greater than the $100,000 sellers'
contribution) are yet to be determined through discovery and site assessment. Informal liaison
with FOEP and Collier County representatives indicate the IRA cost could be $250,000 or more,
depending on the amount of contamination found. Funds spent on hydrocarbon source soil
removal and disposal during the IRA would most likely reduce the overall cost and time required
remediate the contaminated soil and groundwater if it were left in place. The cost to assess,
remediate, and monitor the site through an NFA without the hydrocarbon source removal
proposed in the IRA could well exceed the total purchase price of the property and take five to
ten years. Rehabilitation cost payment for remediation will be expended from Fund (187) as well
as grant funds that may be received from third parties. Upon CRA ownership, and if designated
as a brownfield by Collier County Board of Commissioners, the BCCICRA may apply for
$200,000 or more in EP A cleanup grants.
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Agenda Item No. 16G9
June 24, 2008
Page 5 of 53
LEGAL CONSDERATIONS: The purchase contract and addendums for commercial property
have been reviewed as to form and sufficiency. The County Attorney's Office is concerned that
there may be a large, and as yet not fully quantified, liability accompanying this purchase.
(HFAC)
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA. This property is a pm of an
effort to eliminate unhealthful, unsanitary, or unsafe conditions in accordance with Florida
Statutes 163.370 and is consistent with the Bayshore Gateway Triangle Redevelopment Plan.
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RECOMMENDATION: That the Collier County Community Redevelopment Agency:
1. Approve the attached Commercial Contract and Addendums;
2. Authorize the CRA Chairman to execute same on behalf of the Board;
3. Authorize the CRA Executive Director to make payment of all costs and expenses
necessary to close the transaction from the Bayshore Gateway Triangle Fund (187);
4, Accept the conveyance of the property via Warranty Deed and authorize the CRA
Executive Director or Assistant County Attorney to record same in the public records of
Collier County, Florida;
5. Authorize the CRA Executive Director to proceed with Site Rehabilitation and make
payment from the sellers' $100,000 escrow account; and
6. Authorize the CRA Executive Director to apply for remediation grants and coordinate
with Collier County Grants Coordinator.
Prepared by: Jean Jourdan on June 6, 2008
Proj ect Manager
Bayshore Gateway Triangle Community Redevelopment Agency
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Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item No. 16G9
June 24, 2008
Page 6 of 53
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G9
Recommendation for the Community Redevelopment Agency (eRA) to approve the purchase
of a commercial property located in the Bayshore Gateway Triangle Redevelopment Area;
authOrlze the eRA Chairman to execute the real estate contract; approve payment from and
authorize the Executive Director to make a payment from Fund (187) in the amount of
$750,000 plus cost and expenses to complete the sale of subject property. Site address:
4315 Bayshore Drive ($750,000)
6/24/2008 90000 AM
Prepared By
Jean Jourdan
Community Redevelopment
Agency
Project Manager
Date
Bayshore-Gateway Redevelopment
6/5/2008 3:21 :16 PM
Approved By
David Jackson
Community Redevelopment
Agency
Executive Director
Date
Bayshore~Gateway Redevelopment
6/12/20082:16 PM
(' Approved By
<
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
6/12/20082:58 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
6/16120083:36 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
6/16/2008 6:04 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6117/20089:53 AM
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l' 1, PURCHASE AND SALE: {f,II;" r C,JiJ ()\.j (~IIYI mLJII i Ij Q" An\(' II" )\)111 )., OJ" (11'1 ("Buyer")
2' agrees to buy and f/; J );(." t J- 1/f1 1'/jl-J3P/I) II) 5 ("Seller")
3' agrees to seA the, property described as: Street Address: j, /7
L/3/5 f:.jCJ.lsrv,{::Otf!,,"I::-~A!(,.,JI<'S; //L. ,3v'/-'-'
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5' Legal Description:
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7' and the foliowing Personal Property:
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9 (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this Contract Is
10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5
11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a
12 Saturday. Sunday or national legal hoiiday will be extended unlil5:00 p,m. of the next business day.
:3' 2, PURCHASE PRICE:
$
7 ~O mr)
". (a) Deposit held in escrow by
$
... . 1
I //1
,
15' (b) Additional deposit to be made within
days from Effective Date
$
,
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16' (c) Total mortgages (as referenced in Paragraph 3)
$
/: //1
,
17' (d) Other:
$
lB' (e) Baiance to close, subject to adjustments and prorations, to be made with cash, locally drawn $
19 certified or cashier's check or wire transfer,
7.::'[) , ()i()
,
20' 3. THIRD PARTY FINANCING: Within _ days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, apply for
2" third party financing in the amount of $ or _ % of the purchase price to be amortized over a period of_
22" years and due in no less than E- years and with a fixed interest rate not to exceed 0 - (~--. % per year or variable interest rate not
23" to exceed 0 (-,"-'""% at origination with a lifetime cap not to exceed --I---" "- % from initial rate, with additional terms as follows:
24'
25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses, Buyer will timely provide any and all credit,
26 employment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining
27' financing or being rejected by a lender. jf Buyer, after diligent effort, fails to obtain a written commitment within
days from
28 Effective Date ("F,nancing Period"), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposlt(s) will be
29 returned to Buyer in accordance with Paragraph 9.
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30' BUyer._: (_) and Seller S':-'/I ) ~ acknowledge receipt of a copy of fhis page, which is page 1 of~ Page~
CC-2 @1 97 Florida Association of REALTORS@ All Rights Reserved ~ e
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Agenda Item No. 16G9
June 24, 2008
Page 8 of 53
4. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ~atutory warranty deed
o other , free of liens, easements and encumbrances of record or known to Seller,
but subject to property taxes for the year of closing: covenants, restrictions and public utility easements of record; and (list any
other matters to which title will be subject)
provided there exists at closing no violation of the foregOing and none of them prevents Buyer's intended use of the Property as
(a)...E'llidence of Title: Seller will, at (check one) 0 Seller's ~yer's expense and within days 0 from Effective Date
iH prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one)
i:il'8 title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in
the amount of the purchase price for fee simple title subject only to exceptions stated above.
o an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm.
However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as
a base for reissuance of coverage. The pnor poliCY will include caples of all policy exceptions and an update in a format
acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all
documents recited in the prior policy and in the update.
(b) Title Examination: Buyer will, within 15 days from receipt of the evidence Of title deliver written notice to Seller of title
defects. Title will be deemed acceptable to Buyer if (1) Buyer falls to deliver proper notice of defects or (2) Buyer delivers proper
written notice and Seller cures the detects within .3.Q. days from receipt of the notice ("Curative Period"). If the defects are
cured within the Curative Period, cioslng will occur within 10 days from receipt by Buyer ot notice of such curing. Seller may
elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are
not cured within the Curative Period, Buyer will have 10 days from receipt Of notice of Seller's inability to cure the defects to
elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in
purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract
charges and title examination.
(d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress.
(e) Possession: Seller will deliver possession and keys :orr/offi an~~JuYer at closing.
5. CLOSING DATE AND PROCEDURE: This transs'c;;:,f will ;;:;-;;:'ed in _. Lc (/(j' i 2. County, Florida on
or before the or within ~ days from Effective Date ("Closing Date"), unless otherwise extended
herein. 0 Seller 0 Buyer will designate the closing agent. Buyer and Seller will, within days from Effective Date, deliver to
Escrow Agent signed instructions which provide tor closing procedure. If an institutional lender is providing purchase funds, lender
requirements as to place, time of day, and closing procedures will control over any contrary proviSions in this Contract.
(a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed.
Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. It Seiler is obligated to discharge
any encumbrance at or prior to closing and fails to do so, Buyer may use purChase proceeds to satisfy the encumbrances.
(b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignments of leases, updated rent roll,
tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of
the change in ownership/rental agent. If any tenant refuses to execute an estoppel letter, Seiler will certify that Information
regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors
authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth
facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer Buyer
will provide the closing statement, mortgages and notes, security agreements and financing statements.
BUyer~ (g,gj and Seller (J/;.1) r;;.tiJ acknowledge receipt of a copy of this page, which is page 2 of9 Pages.
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Agenda Item No. 16G9
June 24, 2008
Page 9 of 53
(c) Taxes, Assessments, and Prorations: The following items will be made current and prorated ~ Closing Date
o as of : real estate taxes, bond and assessment payments assumed by Buyer, interest,
rents, association dues, insurance premiums acceptable to Buyer, operational expenses and
If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year will be used with due
allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially
affecting the Property:
Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Date, unless the
improvement is substantiaily completed as of Ciosing Date, in which case Seller will be obligated to pay the entire assessment.
(d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at closing a
portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seller Is a "foreign person" as defined
by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing,
appropriate documentation to establish any appiicable exemption from the withholding requirement. if withholding is reqUIred
and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds
and Buyer will prov'lde proof to Seller that such funds were properiy remitted to the I.R.S.
'j !'\ (.
97" 6. ESCROW: Buyer and Seller authorize '....\I,'~,.'..r.-)1 \;~~ ',_.C \-:,' \\'1 '~__ t- )(:,) ._.'IC~?
98" Telephone' .~1'1 i{_:h'.-5''b'H Facsimile: ",'c'''':J )'1(,</ Address' --;-;",:>(.., i\. -!/ll'~':~' ,~ 11,-.. ':";,'ili':~
99' to act as "Escrow Agent"
100' to receive funds and other items and, subject to clearance, disburse them in accordance with the terms at this Contract. Escrow
101' Agent will deposit all tunds received in Iil-il non-interest bearing escrow account 0 an interest bearing escrow account with
102' interest accru'lng to wrthlnterest disbursed (check one) 0 at closing
103' 0 at intervals. if Escrow Agent receives confiicting demands or has a good faith doubt as to Escrow
104 Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually
105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the
106 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon
107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items
108 previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter
109 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or
110 interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with
111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in fave..
"2 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of
113 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence.
114 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, ordinary
115 wear and tear excepted I and will maintain the landscaping and grounds in a com~rrr~ CO~it,iofllLSeller makes no warranties
116 other than marketability of title. By accepting the Property "as IS," Buyer waives alj,Q"l'1s ag i s~Sftller for any defects in the
117 property. (Check (a) or (b)) I.;li. :..::...... . yo
118' 0 ~a) As Is: Buyer has inspected the Property or waives any right to inspectand accepts the Property in its "as is" condition.
"9' Cil (b) Due Diligence Period: Buyer will, at Buyer's expense and within ~days from Effective Date ("Due Diligence Period"),
120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of
121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and
122 investigations ("Inspections") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering,
123 architectural, environmental properties; zoning and zoning restrictions: flood zone designation and restrictions; subdivision
124 regulations: soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional
125 growth management and comprehensive land use plans; availability of permrts, government approvals and licenses; compliance with
126 American with Disabilities Act; absence of asbestos, soil and ground water contamination: and other inspections that Buyer deems
127 appropriate to determine the suitability of the Property for Buyer's Intended use and deveiopment. Buyer shall deliver written notice
128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable.
129 Buyer1s failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is" condition.
130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence
131 Period for the purpose at conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the
132 Property and conduct Inspections at their own risk. Buyer shall indemnity and hold Seller harmless from losses, damages, costs,
133 claims and expenses of any nature, including attorneys' fees at aJllevels, and from iiability to any person, arising from the conduct of
134 any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien
135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall
136 repair aU damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct r-J
'137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of ther
'38 Inspections. Should Buyer deliver timeiy notice that the Property IS not acceptable, Seller agrees that Buyer's depOSit shall be .
139 immediately returned to Buyer and the Contract terminated.
, , il~
140' Buyer I.4IY,.?'C---l and Seller lJJ./)) I.b_J acknowledge receipt of a copy of this page, which is page 3 of S Pages.
175"
176"
177'
178' (b) Cooperating Broker.
179" who is 0 an agent of U a transaction broker 0 a nonrepresentative
180' and who will be compensated by 0 Buyer 0 Seller 0 both parties pursuant to 0 an MLS or other offer of compensation to a
181' cooperating broker 0 other (specify)
182"
183'
184'
185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries,
186 introductions. consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker
167 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and
., 188 from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2)
189 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or
190 Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services
191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seller.
(
141
142
143
144
145
148
147
148
149
150
182
;-',83
,,_164
165
168
Agenda Item No. 16G9
June 24, 2008
Page 10 of 53
(c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties,
conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and to ensure that all
Property is on the premises.
(d) Disclosures:
1. Radon Gas: Radon Is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your county public health unit. .
2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real
Property.
151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business
152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the
153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materiaily affect the Property or
154' Buyer's intended use of the Property will be permitted 0 only with Buyer's consent 0 without Buyer's consent.
155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and
156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in
157 accordance with applicable Florida laws and regulations.
158 10. OEFAULT:
(a) In the event the saie is not ciosed due to any default or failure on the part of Seller other than failure to make the title
marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek speCific performance. If
Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee.
(b) in the event the sale Is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all depositls)
paid or agreed to be paid by Buyer as agreed upon liquidated damages, conSideration for the execution of this Contract, and in
full settiement of any claims, upon which this Contract will terminate or (2) seek specinc performance. if Seller retains the
deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained
by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee.
159
160
161
167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party,
'68 whiGh for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, costs and
169 expenses.
170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a iicensed
171 real estate Broker other than: _'
(a) listing Broker: ''':''''Tt-\',' ;;-..,-,: \ i .. ,
who is o an agent of ~;nll"l\J\,,"'\~..,-Fv, ,.: I~f\ l-t~_1 ,Jf\J( - Q-ertransactionbroker Oanonrepresentative
and who will be compensated by &Seller 0 Buyer b both parties pursuant to 0 a listing agreement 0 other (specify)
172'
173"
174'
192' 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 is not assignable
'93' 0 is assignable. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This Contract is binding upon Buyer, Seller
194 and their heirs, personal representatives, successors and assigns (if assignment is permitted).
. ,
195" Buver M~, ) (
\ ilnd Seller (II f:, \ 'r!JAl ilcknowiArloA rAcAint of il conv of this OilOA. which is nilOA 4 of ~ Piloes.
Agenda Item No. 16G9
June 24, 2008
Page 11 of 53
196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to this Contract):
197' 0 Arbitration 0 Seller Warranty 0 !;xisting Mortgage
198" 0 Section 1031 Exchange 0 Coastal Construction Control Line GrOther H Df),r;/ [)!.i in.',
199" 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other
200' 0 Seller Representations 0 Seller Financing 0 Other
201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of
202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents
203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for
204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail
205 over preprinted terms. If any prOVision at this Contract is or becomes invalid or unenforceable, all remaining provisions will continue
206 to be fully effective. This Contract will be construed under Florida law and will not be recorded in any publiC records. Delivery of any
207 written notice to any party's agent will be deemed delivery to that party.
208 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN AlTORNEY
209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE
210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE,
211 INTERPRE1lNG CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF
212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND
213 OTHER SPECIAUZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL
214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBUC
215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION, BUYER AGREES TO RELY
216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY
217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE.
218' DEPOSIT RECEIPT: Deposit of $
219'
220
byO
by
check 0 other
received on
Signature of Escrow Agent
221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acce~. n~e is signed by Seller and I.
m' signed copy delivered to Buyer or Buyer's agent no later than -9 'r <i Oa.m. ii:ril'm. or . {'}ll ~ . _' ..Jeci:,
223 Buyer may revoke this ofter and rc:ecivc a-reftffid of 3.11 slepQsits
224" Date: BUYER:
225" Title:
226. Address:
227' Date: BUYER:
228" Title:
229" Address:
Tax 10 No:
Telephone:
Facsimile:
Tax 10 No:
Telephone:
Facsimile:
230' ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (Osubject to the
231 attached counter offer).
232' Date: L/- / :1(1 -0 2?
SELLER:
?\.\. ..Ll (l;
c...J-'~
Tax 10 No:
233"
234"
Title:
Address:
Telephone
Facsimile:
.'
.6./,)/ ~?-
Tax ID No:
235' Date: if ~ JO . C':;
.
SELLER1//2"..'1'Y
Titie:
Address:
Telephone:
Facsimile:
236'
237"
238' Buyer ~(---1 and Seller ~ t2;,dJ acknowledge receipt of a copy of this page, which is page 5 of fj Pages.
The Flonoa AsOOclatlon of REALTORS makes no representation as to the legal validity or adequacy of any prOVISion of thiS form In any speCifiC transaction. ThiS
standardized form should nol be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry
and is not intended to identify the user as a REALTOR. REALTOR is a registered coilective membership mark which may be used only by real estate licensees who are
members of the NATIONAL ASSOCIATION OF REA.LTORS and who subscribe to ns Code of Ethics.
The copyright laws of the United States (1 7 U,S. Code:1 forbid the unauthorized reproduction 01 this form by any means including facsimile or computerized forms.
GG-2 ~ 1997 florida Association 01 REALTORS@ All Rights Reserved
Agenda Item No. 16G9
June 24, 2008
Page 12 of 53
('
EXHIBIT "A"
PARCEL A, LAKESIDE MOBILE ESTATES, ACCORDING TO THE PLAT
THEREOF AS RECRDED IN PLAT BOOK 9, PAGE 99, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA,
~
/-1 ,{-;).-;"
v Vf!l
<I n r'';:
-i1D~
Agenda Item No. 16G9
June 24, 2008
Page 13 of 53
ADDENDUM TO SALES COMMERCIAL CONTRACT
Parcel A, Lakeside Mobile Estates, according to the plat thereof as
recorded in plat book 9, page 99, public records of Collier County Florida.
'Ibe Seller represents that the property, and all uses of the 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 except as specifically disclosed
to the Buyer; that the Seller has no knowledge of any spill or environmental
law violation on the property contiguous to or in the vicinity of the
property to be sold to the Buyer, that the Seller has not received notice and
otherwise has no knowledge of: a) any spill on the property; b) any existing
or threatened environmental licn against the property; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of hazardous substances on the property.
Buyer will perform an environmental audit of the property within the Due
Diligence Period provided for in this Agreement. If environmental
contamination is found, Buyer may cancel this Agreement.
F,
Seller is aware of and understands that the "offer to purchase represented by
this Agreement is subject to acceptance and approval by the Collier County
Community Redevelopment Agency Board.
Seller may occupy the Property after closing for a period of Ninety (90)
days thereafter. If Seller vacates the Property prior to expiration of the
Ninety (90) day Term, Seller shall provide written notice to Purchaser and
this Agreement shall terminate.
Seller agrees to pay all utilities services as they come due, including
electricity, telephone, gas, cable television, water, sewer and solid waste
collection, and shall arrange for a final billing and payment at the time
Seller vacates the Property.
Seller shall comply with all governmental regulations concerning the use of
the Property and not permit or suffer any illegal activity or use, or permit to
be made any disturbance, noise, or nuisance whatsoever, which would be
detrimental to the peace, quiet and comfort of other persons in the vicinity
of the Property, or affect the insurance risk factor to the Property.
Seller shall permit Purchaser's agent or employees to enter the Property at
any reasonable tirne, upon 24 hours notice, during the term of this
Agreement.
1(,1'/
GlC.-(
;"'-J<..'~"~-"v,,_.
.., of c1
(
,~
I~' 'j.> ,/ . --1 I)
Agenda Item No. 16G9
June 24, 2008
Page 14 of 53
ADDENDUM TO SALES COMMERCIAL CONTRACT
Parcel A. Lakeside Mobile Estates, according to the plat thereof as
recorded in plat book 9, page 99, public records of Collier County Florida.
Seller shall maintain property damage and hazard insurance on the Property
during the entire Term of occupancy. Seller will be required to provide a
certificate of proof of said insurance prior to Closing.
LJ..e.... ...e7'IJ((iL~,pjJ uJ;z, fl(l.{A- ,{p:.o J;'f.4((U'7[.<'L
, I ' /) f! (, /CL ,i;.u,j ~/ ei:;a,,~\ cla:&...
(,a:~:.~ . "(J_-'~~ -t..<- -<. ' U
~'a .-hl? - -
. \ ~,\... )~(/.~_3U'iJ.1:
(Se ler' s SIgnature) (Date)
,~{~
(Print Name)
(Buyer's Signature)
(Date)
L( '3<1-':' S.
(Date) (Print Name)
(Date)
~a) '-/- 3o-oY
(Seller's Ignature) (Date) (Buyer's Signature)
/1.hJ i.Jc V je~/I~!S 13tJ.o.1
(Print Name') (Date) (Print Name)
(Date)
(Datc)
S c\. S
Agenda Item No. 16G9
June 24, 2008
Page 15 of 53
Pa.rcel A, Lakeside Mobile ~states, According to
plat therE:of as recorded in plat book 9. page
?~bllC records ot Collier County Florida.
the
99,
IN WITNESS WHEREOF. the parties hereto have signed below.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Cleft{
, Deputy Clerit
AS TO SELLER:
DATED: L/'3c, oS
WITNESSES:
5tJ J..r-- e D-. ___
(Signature)-/- '-==' .
,/. F-!o b p f'.L 1.?.<2. (/ i Id,,~
(Printed Name)
~/:J.' d/);'/7/I
s~ re) ,i/
,/ ;1/cV Del//r7<::'
(Printed Name)
Approved as to form and
legal sufficiency:
/~
idi. hton
Assistant County Attorney
u V. ~~
.,
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
BY:
DONNA FILA, Chairman
B;/ 0~j, i5."1-~
/II.~,I<<. &v;.,~
(Printed Name)
By:pJ-VA-,--
/
,-,,- {)Arv/EL D 8,Ev/.'>JS
(Printed Name)
g".\1
('
r
Agenda Item No. 16G9
June 24, 2008
Page 16 of 53
SECOND ADDENDUM TO SALES COMMERCIAL CONTRACf
This Second Addendum to Commercial Contract is dated this _ day of June, 2008 by and
between Collier County Community Redevelopment Agency ("Buyer") and Hulbert and Nancy
Bevins ("Seller").
WHEREAS, Buyer and Seller entered into a Commercial Contract dated
2008; and
WHEREAS, Buyer conducted an environmental audit of the Property which revealed that
contaminants exceeding permitted levels were identified on the Property.
NOW THEREFORE, based on ten dollars and other valuable consideration, the parties
agree that:
I. The sum of $100,000 to be paid towards the purchase price shall be set aside and
held in escrow to pay for Site Rehabilitation (the assessment of site contamination and the
remediation activities that rcduce the levels of co~taminants at the site through accepted treatment
methods to meet the cleanup target) level established for that site. If Site Rehabilitation mediation
costs are less than $100,000, Seller shall receive the balance once remediation is complete.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
DONNA FIALA, Chairman
Agenda Item No. 16G9
June 24, 2008
Page 17 of 53
-'
,
SECOND ADDENDUM TO SALES COMMERCIAL CONfRACf
.~
Kd-H'l ~5.,\ Ii ~\
Printedffyped N
, \, "
rt. \1 A \I' If", ' h - ,J!
'pu-' ,,)-J-.J \,.j ~'\.,~
HUll-BERT BEVINS
H U 13 flZl i)Ft/t~' ~
:>0;
(1) *'-cIlfl::''l-I' r f]
Signature _'
~.~
(2) !<.'.})/6-
s;gnature ~
/J AN,,,, , f) I~~V;''''>
Printedfryped Name
(1) +Y IX ~\1 ~trh
Signature \
) oJ'
L-'<1.'.1 _ -.-:) '!/
/ ~;~~ ~~;N~~)
. ('/
./ _ {, 0
() '..
K;,~'f :-5v~'H\
Printedffyped Name
~,./7.!,
(2)' -! -//1/ .~ '--
si nature /
'Jrh.>,E I f) I\",,,,\}')
PrintedITyped Name
2
I EXHIBIT iii
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age 0
EXHIBIT A 2-
'1l ::l 5~ VAA BUREN AVeNUE
I ! , I;!:. 'U_. _,
imm * ~ BMUD~
a (RSF-5j
~M' JI[ ,E ) ~ r II Sf ~~\ ==If'::; I I I
/ I~", -
LINDA DRIVE ~ == ~ V LUuTRm '1 BMUD,
I I r[
I "'- i...: -
/ !, y ~, -
, , - u
=~~~ 8 , ~
'" --
81 .R1 0 ~
'l'_ - ,--g---> -'" , 0:
C ~ 0.... - ~ ~~ :i'!
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- '" - I ,
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I
" "ACt)\' he ,-1(1 I" " \0-- If
- CR.A 17 AU f.. SnE
J \ ';".' ~, N
,
()
BMUD-R3 (RMF-6) --
~
, ( IUU-N 1'-'
c
BMUD-R3 [MH) ::::l (MH)
~ I ~
al
~r~ 0~~c:::;? I~UUJ11 I 1 I
i,
JEEPERS DRIVE
:!i- ~ ~ .. -I: " lMIR 1'-;
~ ~ lC ~ ~.
-
, I
I I
lUE Arlolc1 u ," -
w
I \' ""0 --=,_' t'.. > BOTANICAL PLACE PUD I
I r I \ ~, i ,--,I : ....._~> 0:: -, Excluded from BMUD
J \ B~UD-NC 0
JE W I
.R1 c::: I
i~L~~-6) 0
J: ~
6' en
~
,. PINEBROOK LAKES PUD
NUE f co I
I Excluded from BMUD I
BMUD-NC
(C-3) BMUD-R2 .'
f-- I
(CIRRUS POINTE RPUD) .
-.
OMASSON DRIVE .l.
- 1 I BMUD.NC - ~B~~D-R~ (~~F-6)1 :
- ~ , (C-5) -
~ ~
0 "1\]'0 ~1f'SBMUD.NC
- u - I , , I ~
0
~ f-.= o ~~, ,,\ (-i' ,,'\~"~) ~I I 'lWII' I II I
~ ~
.-- J o ':.I} \;C c' -:)0 I 1'f I'"~ I,LL'",,,' "I
"'
~ -
---_._~ --_.,~ ..,.....",...
Agenda Item No. 16G9
June 24, 2008
P 19 f53
~
I EXHIBIT 13 I
Agenda Item No. 16G9
June 24, 2008
Page 20 of 53
../,,::::''''t!. .
".- -\1.',-
f FI.OIlIl'A'- ~
Florida Department of Environmental Protection
Bob Martinez Center. 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
Division of Waste Management
Bureau of Petroleum Storage Systems
Storage Tank Facility Inspection Cover Page Report
District SOUTH Type: Retail Station
County: COLLIER Status: CLOSED
Id: 8629388 Latitude: 26' T 4.2976"
Name; HUBERTS WELDING & REPAIR Longitude: 61' 46' 4.7058"
4315 KELLEY RD LL Method: DPHO
NAPLES, FL 33962 LL Status: REVIEWED
Contact: HUBERT WELDING & REPAIR
Status Date: 1011912004
Phone: (813) 774-0010
ACCOUNT OWNER INFORMATION
Name: HUBERT WELDING
4315 KELLEY RD Effective Date: 11/2411986
NAPLES,FL 33940
Contact: HUBERT BEVINS
Phone: (813) 774-0010
~,
TANK OWNER INFORMATION
Name: HUBERT WELDING
4315 KELLEY RD Effective Date: 11/24/1986
NAPLES,FL 33940
Contact: HUBERT BEVINS
Phone: (813) 774-0010
Tank Size Content Installed Placement Status
, 11,_-1~~~~. -. .~'~ .~- -
- -
Constructions
Pipings
Monitorings
(I) Not required
(0) Unknown
{VI Unknown
- - - -
, . ~ ' _ l-
-- -- . - ~-~-----
Con structions
Pipings
Monitorings
(I) Not required
(0) Unknown
(Y) Unknown
4115108 9:46 AM
Page 1 of 2
Agenda Item No. 16G9
June 24, 2008
Page 21 of 53
Tank
Size
Content
Installed
Placement
Status
- - - I~ r I" - ------;- 'I -=-;.' :c --1
.- -
Constructions
(D) Unkno\Nn
Pipings
(Y) Unknown
Monitorings
(1) Not required
No Legacy Compliance Activity Information found
No Compliance Activity Information found
No Open Violations found
No Discharges found
End of Data for Facility # 8629388
4/15/08 9:46 AM
Page 2 of 2
I EXHIBIT f) - 2-
f".
(jl.@
~ ~
~Of~
.....
Depart
EXHIBIT f2J - '3>
State of Florida
Agenda Item No. 16G9
June 24, 2008
Page 22 of 53
-..J
lation
Pollutant Storage Tank System
Inspection Report Form
Facility 10 No.: 1\~G,,:;:l.'1.3n .
Facility Name: I:ti~~r+ '6 l.0~:)'j ..... ~~
Facility Location: f-<,e 111 . . AJcf I ~L '3 ')9 (...:<
Operator: t-\ uhe.r4J, We\ i"3.... Qr->(fK.' " r
Owner: II
Latitude Z 10 0 010 ''i7'' Longrtude lio ~. 2..:: Section 'It
C (Pl\,er
ounty:
Phone: ~11/77'-/- 0010
Phone:
TC7NI1ship '0) Range ~:S-c.
Tank # Size Contents Insl~latlon UjAor Tank IQtegraJ M9notonng Tank
Date In-Contact Construction PiolM S""'em Status
( '-lOCO A IllY! l{ .A
<7 ~C()O A iI!icr lA ;4
"
--3 4006 A Il/(,q U ;4
Comments: 1:2-- 11- C/O : rtt.hed- 13ev'ln~ (ow(1er) 6o.:,d -+ CAn \::5 were
+,lled c..[)o (uX . Cl -'0 veo"r:;, o..cO- -r; hIS I::nCUJ\edc,e., +h<_rp
. . .J ;n-h,r lV'e.J v
,,) no con~<:\,V\,r,,^-\-; "'\" .-L c..\,So Ioim of the.
Abctf'lc.lci'\ec\ 10,,) Ie I?e.s\oro-\-ion -:;:>rca ro.......... ~ PYione. C c:cwet:S 0..+ ; 0<'\
.J
r"'
Inspection Type:
o Complaint Response
:J2!llnitial
DEDI
o Public Well Field
o Reinspection
o Installation
o Tank Removal
o Unregistered
Facility Information:
,.gAbandoned
o Aboveground
o GOIIt.-Federal
o GOIIt.-Other
o Non.retall
,B[ Retail
o Retrofit (M. or 0.)
o Retrofit (L. or R.)
DER District: , Local Program:
~hDrJc.:::r: Wo..-\-k\,,-s LC?C.D
~.t,o-nk1 W:Ji>.-J 1";<-3/-90
Inspepfor's Signature & Date Facility Contact's Signature & Date
Violations must be corrected by:
OEA Form 1l1'O....18 (04-OHIOJ
next routine inspection 0
0_1_1-
mo day yr
..
1!","
\~
or by:
Agenda Item No. 16G9
June 24, 2008
Page 23 of 53
""'" '- [ EXHIBIT t3 -'1 I
.~ COLLIER COUNTY GOVERNMENT
"will
DNISION OF ENVIRONMENTAL SERVICES
POLLUTION CONTROL DEPARTMENT
3301 E. TAMIAMI TR.
NAPLES, Fl. 33962
(813) 17U904
November 30, 1990
A crRTlFlED BLUE OIIP CCMMUNITY
Hubert Bevins
Hubert's welding & Repair
4315 Kelly Road
Naples, FL 33962
iRE: Inspection of Fuel storage Systems at Hubert's Welding &
Repair
DER FAC # 118629388
Dear Mr. Bevins:
The Collier County Pollution Control Department has been
authorized by contract with the Florida Department of
Environmental Regulation to inspect petroleum storage systems in
Collier County. The purpose of our inspection is to determine if
the facilities are in compliance with Chapter 17-61, Florida
Administrative Code, stationarv Tanks.
Our records show the above referenced facility to be CLOSED. As
such, you may be eligible to participate in the Abandoned Tank
Restoration Program. I have enclosed part of the Florida
Administrative Code (F.A.C.) 17-769.800 regarding eligibility
into this program.
Please contact Mr. James Hatcher, Mr. Steve Hooper or myself at
(813)774-8904, to discuss the current status of the fuel storage
systems and possible eligibility into the Abandoned Tank
Restoration Program. Your cooperation with the storage tanks
program is appreciated.
sincerely,
#(77?c;4 j {/~t:Z&~j
Rhonda J. Watkins, Pollution Control Specialist
Pollution Control Department
RW:jl/ll77
Enclosure
c: ST-90 Hubert's Welding & Repair, DER FAC # 118629388
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i'lgenda Item No. 16G9
June 24, 2008
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State of Florida
~epartment of Environmental RegL......lOn EXHIBIT g ~~
Pollutant Storage Tank System
Inspection Report Form
Facility 10 No.: 11'ii'l.c..'BH' County:
Facility Name: Hvb<J'b we.Id.::1 a,....J R....~ r
Facility Location: '-I \1 5 Ba.1~1......... Phone: "77'-1 0010
Operator:
Owner: HvbLl"t'~ Wt.\.:l,'1 ,H.>htr.\. !j..v,"'::' Phone:
Latitude 2i:Lo ~. YL Longitude.iLo ~' 0..:: Section ~ TC10Vnship _::)Cl I.~ Range ::.S- C
Tank # Size Contents onltonng an
S em Status
'-l 0 00 1+ 1\ U b '1 :L A-
z. l-/ooo It II () D 'i :r A
3 Y 000 4 1\ I. 1) '1 T A.
Comments: 11I\,.. 8~J ~^.,
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,..se~ c.~::,
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Inspection Type:
o Complaint Response 0 Reinspection
Ii!llnitial 0 Installation
DEDI 0 Tank Remcwal
o Public Well Field 0 Unregistered
DER District: fr~
--=:s: D.A,,^ __ {IJ...
- -
Facility Information:
)iil Abandoned
o Abolleground
o Govt..Federal
o Govt..Other
Local Program:
'::S~~
Jill Non.retail
o Retail
o Retrofit (M. or 0.)
o Retrofit (L. or A.)
M~
i-l-2.-'1o
Inspector's Signature & Date
Facility Contact's Signature & Date
Violations must be corrected by:
next routine inspection 0
~J"_'\,O
:i.......""
or by:
0_1_1-
mo day yr
OER fomI6\.(tI.88 f04-o1-RR)
Agenda Item No. 16G9
June 24, 2008
Page 25 of 53
,
>TAT!lmlY TA'f; F'UUlY CI:l1\.IIlCf It6Pf~' m:l.lST EXHIBIT & - h
...;-
0:30 Fo:ilityAlterf\lte:
Fa::ihty 10:
Fo:t11ty NaTl!:
Street Ad1res"
City; No. e
Date ! nspect i on C"", I e ted:
("3) 77'1-00,0
Sidle:
Fl.-.
lip: "3 '3 q J.f-i)
P",je<;t IUlter:
Inspector's Inltials:
:3'"6
I A B )N
I IUE ClTATICN ~IES1D" RfDJlReOIl ID V!aATlCJ6
NtA FOJro VlaA TlCl'f
I 17.Q.c1i(4)(,)I, U I l""ento,.,. "",ortI. I ,/
2 17.Q.0;(4)(.)2. U V /'b1itoring ,)'Stan ~ 2 ,/
3 17.Q,0;(4)(.)3. U V H Retroflttlng <l:C.Drds 3 V
4 17.Q.0;(4)(.)4. U V H Mainte~ce ~dTlinat;:on records 4 ../
5 17.Q.0;(4)(.)5. V IrrtErior ~cJTlination records 5 V
6 17-61,0;( 4)( .)B. U V H REtla;r rectI"'ds 6 V
7 17.Q.0;(4)(e)2. U V Inventa"y reconcl1iatl~ 7 V
8 11-61. 0;( 4)( e)3. U. lnvestigiltlon of significant ioss/gatn a ,/
9 17-61.0;( 4)( .)6. U ~PA :l19 Test 9 ,/
10 17.Q.c1i(4)(.17. U V H Pipe tes t recordS 10 ,/
11 17-61.C5(I)(b)4. U V Notif;cation of hi le::l test U ,/
12 17.Q.05(II(bI5. U V H /t:Jt:ification of surfoc.e dischar~ 12 j
t3 17-61.0;(1)( b)6. U V H ~t ificdt;(J'l or rroni t:a sys.tHn ~teCt IJ ./
14 11-6I.05(1)(.)l. U V H R~jstratlon of ~isting facility 14 ../
15 17.Q.05(I)(.)2. U I H Registration of f"{W faci lily 15 ./
1Ii 17.Q.05(1)(.13. UVH Reqlstration of CDnverted fllCilily 16 ./
17 17.Q.05(1)(bll. U V H rtJt iflcation rJf ciJiJ'lO;;lred t.Jri;. 17 ./
18 17.Q.05(3)(e) U V H OlSp:l..1 of a!l~,d)red tank 18 ,/
19 17.Q.05(I)(b)2. U V H FO:ility..1e 19 ,/
lJ 17-61,05(I)(b)3. U I H rctilication of "'troflttlng lJ ./
21 17-61.1:6 U V H Retr'Of 1 tt I ng 21 ../
122 17-61.G5 U V H l"lJ'l"cper (Dj conStruCtlC1l I" ,/
23 17-61.(I;121 U V H Overti 11 ","oteetion 23 V
24 17-2. 6(jJ( l)(bll. N B Vol.tll. Onj..,k C(]ljDlI>:l Control. 24 ../
. Ctldt='" 11.. to tupe5 of tdrlcs as 10110<" V'AlDyegn>.n:l Vertic.l; ~El.Y''''II_ll\>!lUl;
-. !' B-8ulk Plant in tt:n....tt.i""'nt Preas ()Jly; NoV91l1:ular F...1 {)i.pens,,,, fa::,liti.. in
Na>-Att ''''''' A""" ()Jly
7J:~WZX~~5;;:;L f~~~~~ ~~~~
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AI~u.: /lI.M,dP ~~_ --btv_t...u.JJ ~_ ~/';'A~~
~ ~ r~ ~ h....-v .pl/~~ ;.A/,'.LN
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~ ~ ~~ .L~~kJ ~ 4~;f ~
'. ":,,.,.., ~ fJlP, .:& ' -<fJ /~n .u>
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EN II::.KI::.U NOV 2 6 1981
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Agenda Item No. 16G9
June 24, 2008
Page 26 of 53
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I EXHIBIT t
SUMMARY APPRAISAL REPORT
FOR
COMMUNITY REDEVELOPME~T AGENCY BOARD
(4315 Bayshore Drivel
AS OF
27 MARCH 2008
AT THE REQUEST OF
DAVID JACKSON
EXECUTIVE DrRECTOR
BAYSHORE GATEWAY TRIANGLE CRA
2740 BAYSHORE DRIVE UNIT 17
NAPLES, FL 34112
PREPARED BY
CARROLL & CARROLL, INC.
REAL ESTATE APPRAtSERS & CONSULTANTS
2500 AIRPORT ROAD SOUTH, SUITE 206
NAPLES, FL 34112.4867
(239) 775-1147
#3335~TS
Agenda Item No. 16G9
June 24, 2008
Page 27 of 53
Agenda Item No. 16G9
June 24, 2008
Page 28 of 53
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EXHIBIT (-1-
SUMMARY OF I~ PORTANT DATA ANU cu CLUSIONS
This information is summarized q:f.lly for convenience. The value given is the final, rounded
conclusion of the appraisal. To use this summary without first reading the appraisal report
could be misleading.
PROPERTY APPRAISED
An low to average cost service garage and single-family
home constructed in the early 1970's, located along the east
side of Bayshore Drive in Naples, Florida. The site area is
27,300 square feet.
PROPERTY IDENTIFICATION
4315 Bayshore Drive, Naples, FL 34112
APPRAISERS
Raymond E. Carroll, MAl, SRA
State-Certified General Appraiser 165
Timothy W. Sunyog
State-Registered Trainee Real Estate Appraiser RI 17212
SCOPE OF WORK
All applicable approaches to value were developed. The
appraisal results are presented in a summary format.
PURPOSE OF THE APPRAISAL
Estimate Market Value.
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CLIENT, USE
AND INTENDED USERS
The client is the Community Redevelopment Agency Board.
The appraisal is intended to be used as an aid in acquisition
decision making. The intended user is tbe Community
Redevelopment Agency Board"
APPRAISAL EFFECTIVE DATE 27 March 2008
DATE OF REPORT 27 March 2008
ESTATE APPRAISED Fee Simple
r MARKET VALUE ESTIMATE $750,000 1: -I
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ESTIMATED IMPACT FEE CREDIT $40,600
EXTRAORDINARY ASSUMPTIONS
AND LIMITING CONDITIONS
Thisis a Summary Appraisal Report which is intended to
comply with the reporting requirements set forth under
Standard Rule 2-2(b) of the Uniform Standar"ds of
Professional Appraisal Practice for a Summary Appraisal
Report. As such, it might not include full discussions of
the data, reasoning and analyses that were used in the
appraisal process to develop the opinion of value.
Supporting documentation concerning the data,
reasoning and analyses is retained in the appraiser's file.
The information contained in this repon is specific to
the needs of the client and for the intended use stated in
this report. The appraiser is not responsible for
unauthorized use of this report.
General assumptions and limiting conditions are set
forth in the Addendum.
SUBJECT AERIAL
Agenda Item No. 16G9
June 24, 2008
Page 29 of 53
I EXHIBIT C -~
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Agenda Item No. 16G9
June 24, 2008
Page 30 of 53
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STREET SCENES NEAR SUBJECT PROPERTY
I EXHIBIT C - 'I
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View to the North along Bayshore Drive.
Subject is to the righl.
View to the West along Jeepers Drive.
Subject is to the right.
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PHOTOGRAPHS OF SUBJECT PROPERTY
Agenda Item No. 16G9
June 24, 2008
age
EXHIBIT C> ti
View to the Northeast from Bayshore Drive of the repair shop.
View to the North of the single-family residential home located 011 the property.
Agenda Item No. 16G9
June 24, 2008
Page 32 of 53
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LEGAL DESCRIPTION
EXHIBIT C-Io
According to the last deed of record the legal description IS:
Parcel A, Lakeside Mobile Estates, according to the plat thereof as recorded 1n Plat Book
9, Page 99, Public Records of Collier County, Florida.
The site address is as follows:
4315 Bayshore Drive
Naples, FL 34112
PROPERTY INFORMATION
Site
/~
The subject site is a rectangular shaped parcel that contains 1:.27,300 square feet, or IO.63 acres.
The site is located at the northeast intersection of Bayshore Drive and Jeepers Drive and fronts
for :1::136.5 feet along the east side of Bayshore Drive and for :i200 feet along the north side of
Jeepers Drive. The site is directly accessible to northbound Bayshore Drive with right-in/right-
out access. Access to southbound Bayshore Drive is via the median cut at Jeepers Drive.
Bayshore Drive is a four-lane, north/ south, asphalt paved road with a landscaped median, lights,
and concrete sidewalks. Bayshore Drive begins at Tarniami Trail East (US-41) and extends south
approximately 2.25 miles where it dead ends at Holly Avenue, some 4,180 feet south of
Thomasson Drive. Jeepers Drive is a two-lane, east/west, asphalt paved residential street that
begins at Bayshore Drive and extends east to a dead end.
The subject is bounded to the north by vacant commercial and residential zoned land, to the east
by single family residential, to the south by Jeepers Drive and an East Naples Fire Station, and
to the west by Bayshore Drive. Directly to the west across Bayshore Drive is the main entrance
to Windstar on Naples Bay.
The land is essentially level and drainage is fair to fairly good. There is a tendency for this area
to puddle during extended rainy periods and some buildings flood. According to a USGS map the
average elevation is between 5 to 6 feet above mean sea level (NGVD). The full range of public
utilities including sewer, water, electricity, telephone and TV cable are available.
Site improvements consist of an asphalt paved parking lot., canCI-ete driveways and sidewalks, a
chain-link fence surrounding the entire property, and minimal landscaping_
Principal Improvements
The conclusions in this appraisal report are based on our on-site inspection and the property
record card.
The site is improved with a low to average cost service garage originally constructed in 1970. The
gross building area is 1,134 square feet. The building is CBS construction on a monolithic slab_
The wood framed, flat I"oofis covered with built uptar and gravel composition roofing. The interior
walls are concrete block, the ceilings are exposed wood beams with mounted tlorescent lights, and
the floors are concrete. The building is also equipped with a 2-fixture bathroom and a 9'x9' and
1 O'xlO' overhead door. The building design is out dated and there is functional obsolescence. The
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Agenda Item No. 16G9
June 24, 2008
. . . .... Page 33 of 53
buIldmg IS adaptable to other llses, but not without extensive remodehng which would invoke
current building codes. The improvement is au legal, non-conforming use,?f the site,
"grandfathered" or vested for inconsistencies with n;rre-nt zoning andl,uiYdlIlg 'codes: th~~ tends
to co'rifer some economic" advantage, which is ciffset by the physical and function"al problems.
Maintenance appears to have been average, and the improvement is at or near the end of it's
llseful economic life. The actual building age is 38 years and the estimated effective age is 38
years. Buildings like the subject have a physical life expectancy of 35 to 40 years. Due to
changes in technology, building codes, zoning ol-dinances, changes in architectural style and
public tastes, the economic life expectancy is generally less than the physical life. The total
economic life is estimated as 40 years resulting in an intel'im use of 0 to 5 years.
The site is also improved with an average quality single family residence originally constructed in
1972. The gross building area is 1,890 square feet with approximately 1,397 square feet under
air. The building is CBS construction on a monolithic slab, The home is designed with a gable
roof finished with asphalt shingles. The interior walls and ceilings are drywall_ Floor coverings
include carpet, linoleum, terrazzo, and tile in the bathrooms. The home is designed With three
bedrooms and two 3-fixture bathrooms. The building design is out dated and maintenance
appears to have been average. The actual building age is 36 years and the estimated effective age
is 36 years.
Buildings like the subject have a physical life expectancy of 50 to 5S years. Due to changes in
technology, building codes, zoning ordinances, changes in architectural style and public tastes,
the economic life expectancy is generally less than the physical life. Therefore, the total economic
life is estimated as 50 years resulting in a remaining economic life of 14 years. Due to the fact
that the property is zoned commercial and the single family residence does not represent the
highest and best LIse of the site-, the trriprovem.e'ritlsc.on"slaerect anliite-nm-use until such- a time
that the property'can-be ~eloped with a commercial use. Therefore the due to the age, the
condition, and the functional problems of the improvements, they are considered an interim use
for 0 to S year~.
ESTIMATED IMPACT FEE CREDIT
Also important to value, but not necessarily part of market value, is the vested impact fee credit
that rllns with the land. Based on county permit records, there is approximately 1,134 square feet
of general industrial space and a single family home that contains 1.890 square feet of tOlal area
with 1,397 square feet of living area. The impact fee credit is estimated to be $11,303.10 for the
industrial building, which is ~ubject to change based on the use the county determines to be
appropriate. The impact fee for the single family home is estimated to be $23,025.40. A copy of
the breakdown of impact fees is copied in the Addendum.
The water/sewer system development charges are $3,722.39 for SeWel" and $2,549 for water for
a total impact fee credit of approximately $40,600.
The estimate was based on the on--hne impact fee esttmator published by Collier County
Corrnnunity Development Services at: http://www.colliergov.net/commdev I if 1 default.cfm. The
water and sewer estimate were from the Collier County sewer and City of Naple~ water
management offices. This is a vested credit that runs with the land. The credit can be applied to
offset redevelopment impact fees. Impact fees are more or less based on size and uses of
improvements on file at the county permitting office. In other words, what the current property
physically appears to be may not be consistent with what is on file with the county.
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ENVIRONMENTAL CONTAMINATION
~
This is a factor of unknown risk. We wel-e not provided with any environmental reports. However,
17
I EXHIBIT
(.-7
Agenda Item No. 16G9
June 24, 2008
Page 34 of 53
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the subject property has operated as a small engine repalr/weIding shop for the past 35 years.
This is a use considered to be in the high risk category for contamination.
Unless otherwise stated in this report, the existence of hazardous substances or environmental
conditions including but not limited to asbestos, polychlorinated biphenyls, petroleum leakage,
agricultural chemicals, urea formaldehyde insulation, lead paint, toxic mold, et cetera, which
might or might not be present in or on the property were not called to the attention of the
appraiser. Nothing like this was discoveI'ed during the property in spection and no environmental
assessrnent report was made available for review.
Such tests were not in the appraiser's required scope of work, the appraiser is not qualified to test
for such substances and conditions and the appraiser is not qualified to render professional
opinions in this specialty area. No responsibility is assumed for any such conditions. that might
exist, or for the knowledge and expertise required to discover them.
The property was appraised as though uncontaminated and the value estimated is predicated on
the assumption that there is no such condition on, in, or proximate to the property that would
diminish value.
NATURAL RESOURCE CONCERNS
The entire site is developed and improved with a building and site improvements. There is nothing
to indicate any natural resource concern.
Unless otherwise stated in this report, we have not discovered, been told of, or received
documentation indicating any unusual natural resource concern that would tend to make this
property more or less valuable than another.
Specialized natural resource audits were not in the appraiser's required scope of work, the
appraiser is not qualified to conduct such audits and the appraiser is not qualified to render
professional opinions in this specialty area. No responsibility is assumed for any extraordinary
natural resource concerns, or for the knowledge and expertise required to discover them.
The property was appraised as though thet-e are no unusual natural resource concerns.
GROWTH MANAGEMENT PLAN AND ZONING
The Future Land Use Map {FLUMI of the Collier County Growth Management Plan (GMP) depicts
the subject propeny within the Bayshore/Gateway Triangle Redevelopment Overlay. The
Bayshore/Gateway Triangle Redevelopment Plan is to encourage the revitalization of the
BayshoreJ Gateway Triangle area by providing incentives that will encourage the private sector to
invest in this urban area. The Overlay allows for additional neighborhood commercial uses and
higher residential densities that allows for more intense development in an urban area where
urban services are available. Provisions and restrictions of this Overlay are included in the
Addendum.
The current zoning is "C-4" General Cornmercial District. The purpose and intent of this district
is to provide the opportunity for the most diverse types of commercial activities delivering goods
and services at a larger scale than the C-l through C-3 districts.
Copies of pertinent sections from the GMP and from the Land Developrnent Code are included in
the Addendum.
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I EXHIBIT c - g
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PUBLIC UTILITIES AND CONCURRENCE
EXHIB~qee~5~~~
The full range of public utilities including sewer, water, electricity, telephone and TV cable are
available. Adequate capacity exists to support full utilization of the site.
The service levels along the adjacent road system are within acceptable limits as defined by Collier
County. There are no concurrence issues adversely affecting this property.
ASSESSMENT AND TAXES
By statute, real estate in Florida is assessed at lOOt~/o of fair market value as of January 1 of the
tax year . Certain discounts at"e allowed which represent costs of sale. The Collier County Property
Appraiser applies statistical methods to assure that assessments comply with standards
established by the Florida Department of Revenue. The tax assessment is usually not a reliable
indicator of market value.
The assessment and taxes for 2007 are:
Land
Improvements
Total
$231,897
115,640
$347,537
Taxes
Community Assess.
Garbage Assess.
$3,682.99
668.57
167.67
Total Taxes
$4,519.23IMarch payment)
The site is $8,50 per square foot, consistent with other nearby parcels.
FLOOD ZONE DATA
The data pertaining to the subject property is:
National Flood Insurance Program
Flood Insurance Rate Maps
Revised November 17, 2005
Community- Panel Number.- 120067 581G & 582G
Flood Zone AE - Required Elevation - 8 feet
APPARENT OWNER OF RECORD
Hubert D. Bevins, et ux
4315 Bayshore Drive
Naples, FL 34112
TRANSACTIONAL HISTORY OF SUBJECT PROPERTY
There have been no transactions in the past five years.
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Agenda Item No. 16G9
June 24, 2008
Page 36 of 53
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CURRENT STATUS OF SUBJECT
I EXHIBIT C' I D
The property is listed for sale with Kathy Smith of Downing Frye Realty, Inc. The listing price is
$995,000. According to ~listiI>gagenti.she has had a lot of calls and interest, but no written
offers. The subject property was first listed on 29 December 2007 for $1,200,000. The price was
then reduced to $1,190,000 on 29 February 2008. The price was further reduced to the current
asking price on 17 March 2008. The subject property has been listed at $995,000 for
approximately 10 days.
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HIGHEST AND BEST USE
Agenda Item No. 16G9
June 24, 2008
Page 37 of 53
Definition
EXHIBIT (II
Highest and best is defined as follows:
The reasonably probable and legal use ofvacal1t land or an improved property, which is
physically possible, appropriately supported, financially feasible, and that results in the
highest value.
The definition is taken from page 171, The Dictionary of Real Estate Appraisal, third edition,
published in 1993 by the Appraisal Institute.
Method
Highest and best use ofland (or of a site) as though vacant assumes that a parcel ofland is vacant
or that it can be made vacant by demolishing any improvement.s. With this assumption, uses that
create value can be identified and the appt"aisel- can begin to select comparable properties and
estimate land value. Land as though vacant is a fundamental concept of valuation theory and It
forms the basis for beginning the cost depreciation approach.
Highest and best use of a property as improved pertains to the use that should be made of an
improved property in light o(irs improvements. This is helpful in identifying comparable sales for
the whole property. A comparison of the highest and best use of a property as irnproveu with the
highest and best use of the site as though vacant is useful in recognizing any depreciation
inherent in the improvements,
There are four criteria that must be met in order for a use to be the highest and best use for a
given property. The highest and best use must be:
1. Physically possible.
2. Legally permissible.
3. Financially feasible,
4. Maximally pI'oductive.
Ordinarily these criteria aloe considered sequentially, each step nan-owing the range of alternative
uses being considered.
Analvsis- Site as Though Vacant
Physically Possible - The physical location, parcel shape! size, topography and access
characteristics suggest some type of commercial/retail use. The location along Bayshore Dnve
provides average exposure and access, this area is rlpe for redevelopment and is characterized by
it's tired surroundings. The size is appropriate for a single user, or for a small, multi-tenant
office/retail building.
Legally Permissible -. The Collie1- County Future Land Use Map identifies the property as within
an area designated the Bayshore/GatewayTriangle Redevelopment Overlay and the current zoning
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Agenda Item No. 16G9
June 24, 2008
Page 38 of 53
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is "C-4" General Commercial. The Comprehensive Plan and zoning call for some type of
commercial use.
Financially Feasible - The financial feasibility of current development is doubtful. The commercial
market is stable, but rental rates have lagged behind sales prices and expenses for real estate
taxes and insurance have increased dramatically. For most property types, financial feasibility
is in doubt.
The highest and best use of the site as though vacant is that it be held until such time as
development is financially feasible.
Analvsis - Property as Improved
Physically Possible - The building improvements are nearing the end of their physical and
economic life.
Legally Permissible - TIle improvements are a legal, non-conforming use of the site,
"grandfathered" or vested for inconsistencies with current zoning and building codes. This tends
to confer some economic advantage, but that is largely overcome by the physical and functional
problems.
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Financially Feasible - The improvements are no longer capable of generating sufficient net income
to support the site value. The improvements are financially feasible on an interim basis for no
more than five years.
The highest and best use of the property as improved, is a sbort term interim use (five years or
less), then redevelopment with some type of commercial/mixed use that 1S consistent with the
goals and objectives of the Bayshore/Gateway Triangle Redevelopment District.
CONSIDERATION OF APPROACHES
All three traditional approaches to value were considered. The improvements are at the end of
their economic life and SOOI1 will be demolished and removed. The cost depreciation approach is
not appropriate in this case. The sales comparison approach was utilized to estimate the site
value as though vacant, and a discounted cash flow analysis was developed to estimate the
interim contribution value of the improvements. The traditional income capitalization approach
utilizing direct capitalization is inappropriate.
SALES COMPARISON APPROACH
In traduction
In the sales comparison approach, the subject property is compared with similar properties that
have sold recently or fa. which listing prices or offering prices are known. Data from generally
similar properties is used and comparisons are made to demonstrate a probable price at which the
subject property would sell if offered on the Inarket.
This approach is particularly strong when comparable sale data is plentiful and there is good
conformity among properties in the neighborhood.
Following is the procedure to be followed in developing this approach:
23
\ EXHIBIT
I
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Agenda Item No. 16G9
June 24, 2008
1. Research the market to gather information on sales, listings and OffeI"S to Page 39 of 53
purchase properties similar to the subject.
2. Verify the information as to factual accuracy and arm's length market
considerations.
3. Identify relevant units of comparison and develop a comparative analysis for
each unit.
4. Compare the subject with comparable sale properties using elements of
comparison and adjust the sale price of each comparable appropriately.
5. Reconcile the various value indications produced from the analysis of
comparables into a single value indicat.ion or a range of values.
The outline developed above is developed in detail on the following pages.
Sales Data
A search was made for vacant land sales comparable to the subject site. The intention was to find
comparable sales in similar locations that offered similar functional utility. Six closed sales and
two current listing were identified as the best available for analysis. We also examined the market
price entry point phenomenon, which states that small parcels often sell for higher unit values.
This is because small parcels are priced at the market price entry point and tend to compete well
because there is nothing less expensive to buy. In addition, very small parcels are often afforded
an advantage in application of development standards to avoid making them impossible to use.
Dollars per square foot of site area was selected as the unit of comparison best adapted to this
property type. It. is the unit of comparison most often utilized by local buyers, sellers and brokers.
We also analyzed the total dollar price because the subject property is small and small improved
parcels are subject to the market price entry point phenomenon. The market price entry point
phenomenon explains why small improved parcels often sell for unusually high unit values
because small parcels are priced at or near the market price entr"y point and tend to compete on
a whole dollar basis because there is nothing less expensive to buy. The market price entry point
is further discussed in the reconciliation section.
Data for the comparables is given on the following pages. Each comparable is identified by
number. Each comparable is identified on the location map on the following page.
24
EXHIBIT
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I EXHIBIT D I Agenda Ij~~eNO 16G9
ENVIRONMENTA~ENT, INC. Pag.
Licensed Engineering and Geology Finn' Assessment & Remediation Consultants
PHASE II ENVIRONMENTAL SITE ASSESSMENT
Hubert's Welding & Repair Facility
Folio #53401680005
4315 Bayshore Dri,e
Naples. Flonda 34112
PREPARED FOR:
Mr Da,id Jackson
Executive Director
Bayshore Gateway Triangle Community Redevelopment Agency
2740 Bu\'shore Drive, Unit 17
Naples. Florida 34112
PREPARED BY:
Emironmental Risk Management, Inc.
ERMl FileNo E2125A
May 13. 2008
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Agenda Item No. 16G9
June 24, 2008
Page 41 of 53
. !~~~,E!.~~~~.!~~~~!:!~~
CERTlFICA TION
FOR
PHASE II ENVIRONMENTAL SITE ASSESSMENT
Hubert's Welding & RepaIr Facility
Folio #53401G80005
4315 Bayshore Driye
Naples. Flonda 34112
PROFESSIONAL GEOLOGIST CERTIFICATION
EnyironmentaI Risk Management, Inc. (ERMI) hereby certi fies the reliability and
accuracy of the services performed in this Phase II Enyironmental Site Assessment. and
the mformation presented in this report. This report is based on professional senices that
were conducted using sOWld geologic principles and "Standard of Industry" practices.
The party to whom this report is addressed may rely upon the contents of thIS report.
Data deriyed through sampling and subsequent laboratory analysis are extrapolated to
render an opinion aboul oyerall subsurface conditions. Actual conditions in areas not
tested may differ from those inferred to exist
Prepared by:
Environmental Risk Management Inc.
15248 Tamiami Trail South. Suite 800
Fort MYers. Florida 33<)08
Signed.
Stanley J Rutka PG
Licensed ProfeSSIonal Geologist
State of Florida License Number PG-I<.J63
Dale
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I EXHIB/T.J2- Z--
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Mn' 13. 200X
Agenda Item No. 16G9
June 24, 2008
Pag
Mr. David Jnckson
Executive Director
Bavshore Gateway Triangle Communitv Redevelopment Agenc\'
2740 Bayshore Drive. Unit 17
Naples, Florida 34 112
RE: Phase II Environmental Site Assessment
Hubert's Welding & Repair Facility
Folio #53401680005
4315 Bayshore Drive
Naples, Florida 34112
ERMI File No. E2125A
Dear Mr. Jackson:
Environmental Risk Management, Inc. (ERMI) has prepared this Phase II Emironmental
Site Assessment (ESA) report of the abO\'e referenced subject property in accordance
with our Contract Agreement executed on April 24. 2008. Please refer to Figure 1 and
FigUl'e 2 for the Site Location Map and Site Plan, respectively.
1.0 PROJECT UNDERSTANDING
ERMl's Phase I ESA identified the follOWing potential environmental concerns:
. The Hubert's Welding & Repair facility. subject property, is listed in the
FDEP Storage Tank Report for previously maintaining three Underground
Storage Tanks (USTs). Based on OCULUS research and regulatory file
review, the USTs hale been closed in place. However. ERMI Cound no
evidence of the filing of a Tank Closure Assessment Report (TCAR)
which has been a requirement under Chapter 62-761. Florida
Administrative Code (FAC) since approximately 1986. This
environmental regulation requires the completion of a TCAR at the time
the tanks are closed in-place or removed from tlle site. The TCAR
documents the specific tank closure procedures that were conducted and
a~sesses the soil and groundwater quality in the localized area of the tank
system. Since these tanks were closed in-place prior to 1986, a TCAR
was not required at that time. Howe\er, no assessment of soil and/or
groundwater quality in the localized area of the former tank s,'stem ,,'as
ever documented. Therefore. this former on-site tank system aren IS an
environmental concern. Further investigatIOn can be done to gain additional
security regarding the potenlial for environmental risk within the above
referenced area. This decision to conduct sampling and analyses would be
the user's deCIsion, and should be based on the user's risk tolerance.
HL'{ulqllorh'n'.6 J5:-JS JlIl1Illtmi II"uil SOllfh "SO{J.; F'urll(n.T'\'. Flol"/(/o 331)(18
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I EXHIBIT b- 3>
Agenda Item No. 16G9
June 24, 2008
Page 43 of 53
Bayshore Gateway Trimtgle eRA
Phase II Ern'ironmental Sift! Atressltlent
May /3, 2008
Hubert's Welding & Repuir Facility, Naples, FL
. A hvdraulic lift station was observed on the subject property during the
site' reconnaissance. The Iwdraulic lift was located on concrete.
Hydraulic lifts hm e the potential to leak hydraulic fluids. \\'hich could
impact the soil and groundwater m the vicinit\' of the lift. Concrete
staining was observed in connection with the hydraulic lift station. This is
defined as a REC according to the ASTM Intemational Standard
designation E ] 527-00
. Several storage containers of various sizes were observed on the subject
property during the site reconnaissance. The containers were located on
concrete and contained lawnmower and various automobile parts and
vehicular oils. Se\eral areas were obsen'ed to have concrete staining.
Further investigation can be done to grun additional secunty regarding the
potential for em'ironmental risk within the above referenced areas.
Howeyer. this decision to conduct sampling and analvses would be the
user's decision. and should be based on the user's risk tolerance.
2.0 PHASE If ESA SCOPE OF WORK
On April 30, 2008, ERMI conducted the following scope of work:
. ERMI installed two Temporary Monitoring Wells (TMWs) on the subject
property within the areas most likely to be impacted. These areas are identified in
the Project Understanding.
· ERMI field screened the SOIls remO\ ed at 2-foot depth interv'a1s from the well
installations and the borings conducted at randomly selected locations within the
area o[the UST farm with an Organic Vapor Analyzer (OV A) Soil boring logs
and lield notes are included in Appendix A.
. ERMI collected one soil sample from the fomler dIspenser area at the depth
mterval detemlined to have the highest OV A screening \ alue. The soil sample
\\'as submitted to Environmental Science (ESC) Laboratory and analyzed [or
common petrol cum constituents Yia EP A Methods S021 B and 8310.
. ERMI collected groundwater samples from the temporary monitonng well
locations The groundwater samples were submitted to ESC Laboratory and
analyzed [or common petroleum constituents lia EP A Methods 8021 Band 8310.
. ERMI interpreted the soil and groundwater quality findings and correlated the
results with the applicable FDEP documented Chapter 62-770, Florida
Administrative Code (F AC) cleanup target levels to assess the on-slle soil and
groundwater quality at the sample locations ERMI prepared this final Phase II
ESA report \nth graphics to summarize the results o[ the abole referenced scope
o[ work.
Enl';ronmentaL Risk Afanugemellt, Ine
2
ERMI File No E1125A
I EXHIBIT D -1-/ 1
Btlyshole Ga1eway Triangle eRA
Phase II En"i,orUlumtal Site A.~'ie.'isntenl
Agenda Item No. 16G9
June 24, 2008
May 13, 2~ge 44 of 53
Huhert'.' Welding & Repa;r Facilily, Naples, Fl.
Please refer to Figure 2 for sample locations and Appendix B for the laboratory
analytical results
3.0 SOIL ASSESSMENT
3.1 Soil Assessment Methodology
The general methodology for the soli a"essment \\as dem ed from the FDEP
"Guidelines for Assessment and Source Removal of Petroleum Contaminated Soil"
dated Mav 1998, Our methodology consisted of field screening soil samples. During
the field event on April 30. 2008. ERMI collected soil samples for OV A screening
from six soil borings (58-1 through SB-6). Grab soil samples were taken at
approximately 2-foot depth Intervals to approxImately 1-2 feet \\,thin the
groundwater table. A Site Map is included as Figure 2. \\ hich Illustrates the
locations of the six soil borings.
.-
3.2 Soil Field SCI-eening and Results
On April 30. 2008. ERMI collected soil samples from the six soil borings (58-1
through SB-6) for in-the-ficld OVA screenmg purposes. This screening \\'as
completed to Jnlestigate whether any petroleum hydrocarbons were present in soil
above and near the surface of the groundwater table at concentrations considered
representative of impacts that may be considered "excessi,ely contan1inated". The
field screenmg of these samples was conducted using a Photo-Ionization Detector
(PID) OVA. OVA screening was conducted bl collecting soil from a stainless steel
hand auger then transferring the soli samples into 16 ounce mason Jars ERMI uses
the soil sample headspace screening proccdure. as dcscribed in Section 4.1 of the
FDEP "Guidelines for Assessment and Source Removal of Petroleum Contaminated
Soil" dated Mal 1998. The PID/OV A was field calibrated prior to use. ERMI
collected one soil sample (S8-5 IiI, 7ft) for laboratory analysis The soil borings \\ere
backfilled after sampling
In-the-field OVA results indicated detections of petroleum related lolatile organics in
the soil samples collected. Please refer to Figure 2 for the sample locations and
Appendix A for soil boring logs and OV A results
3.3 Soil Laboratory Analytical Results
ERMI collected one soil sample from the bonng depth interval that displaved the
highest OV A reading and/or olfactory observations for laboratory analysis. The soil
sample collected was transferred to the appropnate laboratory sample containers and
placed in an iced cooler and delivcrcd overnight to ESC laboratory for analysis. The
soil sample submitted was analvzed for common petroleum constituents, ia EPA
Methods 8021 Band 8310.
Copies of the complete laboratory analytical data reports and chain-oC-custodv
documentation are included in Appendix B.
Environmental Ri-.k Management. Inc.
.1
ERMI File No. E2125A
I EXHIBIT 1>- ~I
Agenda Item No. 16G9
June 24, 2008
Page 45 of 53
Buyshore GaIe1<yry T riIlngle eRA
Phase II Em'ironmental Site Assessment
MtI,J' 13, 2008
Hilbert'.. Welding & Repair FaciU(v, Napk.., FL
Analvses of the soil sample SB-5a, 7ft vielded detectable concentrations of Benzene
(0.52 milligrams per kilogram (mglkg)), Toluene (2.6 mglkg), Total Xylenes (3.6
mglkg), and Methyl Tert-butyl ether (0.94 mglkg), which all exceed their applicable
FDEP commercial Soil Cleanup Target Levels (SCTLs). as per Table Y of Chapter
62-777 FAC (effective April 17, 200S). Please refer to Table t for a summary of soil
lab results.
4,0 GROUNDWA TER ASSESSMENT
4. t Well Construction and Installation
On April 30, 200S. ERMI Installed two Temporary Monitoring Wells (TMW-l and
TMW-2) to a depth of approximately 6 feet using a clean, manual hand auger with a
3.2S-inch diameter bucket. TMW-l and TMW-2 were constructed of 2-inch diameter
PYC with 5 feet of 0.010 inch slotted screen section. l11e annular space between the
well and the borehole was then tlIIed with 20/30 grade silica sand to form a filter pack
The temporary wells were removed and baclJllled after sampling. The location of
TMW-] and TMW-2 are presented in Figure 2.
4.2 Gl'Oundwater Sampling Methodology
On April 30, 2008, ERMI personnel collected groundwater samples from the
temporary monitoring wells (TMW-I and TMW-2) in accordance with the
established FDEP SOP 01/001 FS 2200 Groundwater sampling protocol document
dated, April 9. 2007. The wells were purged prior to sampling using a peristaltic
pump. Purge water was dispersed onto the land surface and allowed to evaporate or
return to the surficial aqUIfer The wells were purged until they met purge completIon
criteria The groundwater samples were submilled to ESC Laboratory for analysis.
The samples collected from TMW-I and TMW-2 were analyzed for petroleum
constituents by EPA Methods 8021B and S310 Groundwater sampling logs are
included in Appendix A and the location of TMW-I and TMW-2 are presented In
Figure 2.
4.3 Groundwater Laboratory Analytical Results
Copies of the complete laboratory' anal~,tical data report and sample chain-of-custodv
documentation are included in Appendix B Please refer to Table 2 for a summary
of groundwater lab results.
Analvses of groundwater samples collected from temporary monitoring well TMW-l
yielded detectable concentrations of I-Methylnaphthalene (390 micrograms per
Llkr. "gill. 2-Meth\ IllOphthJlene (-13.0 "glL) Jnd NJphlhJlene (}(,I( "g/L) thai
slightly exceed their applicable State of Florida Groundwater Cleanup Target Levels
(GCTLs). per Table Y of FAC Chapter 62-777 (effective April 17, 20(5). Analyses
of samples collected from TMW-2 yielded detectable concentrations of Benzene
(e' III flgLl. Etl1\Jben/.enc ( 121111 ftgiLl. Total X\ lelle, (hXIIII "gill Jnd Merh\ Iter!-
bul\ I ether (.:>')1 ( flg!L) that e,ceed thetr appltcJble StJte of Flonda GCTLs per Table
Y of F AC Chapter (,2-777 (effective April 17. 200S)
EII1.;rOl.lllental Ri,'k Management, I"c.
4
ERMJ File No. E2125A
I EXHIBIT i) -(?
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Bay.hore Gate""y l"riungle eRA
Pha'te 1/ Environmental Site Assessment
Agenda Item No. 16G9
June 24, 2008
Page 46 of 53
May 13. 2008
Hobert'.' Welding & Repair FaciUI)'. Napl.e.., FL
5.0 CONCLUSIONS AND RECOMMENDA TIONS
.~-
In-the-field OVA results indicated elemted detections of petroleum related volatile
organics in the soil samples collected from our subsurface assessment. LaboratOlY
analvses of soil sample SB-5 ~q. 7ft yielded detectable concentrations of Benzene (0.52
milligrams per kilogram (mgfkg)), Toluene (2.6 mg/kg), Total Xylenes (36 mg/kg), and
Methvl Tert-butyl ether (0.94 mg/kg), which all exceed their applicable FDEP
c.2!!!r.i!~ial~.Q{<;'Ie..a"u'p,Tar:g~t LevelsJ~CTL~), as per Table V 01 Chapter 62-777
FAC (effective April 17,2005)
Laboratory analyses of groundwater samples collected from temporary monitoring well
TMW-I yielded detectable concentratJOnsof I-Methylnaphthalene (39.0 micrograms
per Liter. ",giLl. 2-Meth,lnaphthalene (-130 Jlg/L) and Naphthalene (3611 Jlg/L) that
slighth exceed their applicable State of FloL"lda Ground\\ater Cleanup Target Lewis
((jCTLs). per Table V of FAC Chapter (,2- 777 (effectJ\ e Aplll 17, 2(115) Anal'ses of
samples collected from TMW-2 v Ielded detectable concentmtlons of Benzene (51 0
",gill. Ethv Ibenzene (1200 ",gill. Total Xv lenes ((,W II ",gill and Melhv I tert-but"
ether (2'ill Jlg/L) that exceed their applicable State of Florida CiCTLs. per Table V of
FAC Chapter (,2-777 (effective April 17. 2i~I.'T' ,~-, , .. -~.. -,-
The data collected from the completion of this Phase II ESA conducted at this facility
meets the definition for the discovery of a discharge of petroleum products at
concentrations that exceed the State of Florida allowed cleanup target levels, as outlined
in FAC rule 62-770.200 (16). Based on this information, ERMI recommends that the
facility owner or operator follow the Contamination Reporting procedures as required in
the environmental regulation referenced in Chapter 62-770.250, F AC'. In summary, this
regulation states that the owner or operator is required to submit a discharge reporting
form (DRF) to the State of Florida upon the discovery of excessive petroleum product
contamination at their facility. Additionally, it states that the o"ner must initiate a Site
Assessment Report (SAR) within 30 days of the discovery of excessi,e'conlaiTIinati-on
The SAR IS required to horizontally and vertically delin~aje"theextent-o{the' recently
discoveredexcessive petroleum impacts Additionally, this regulation states that the
SAR is 'requ,-red 'to he submitted to the FDEP within 270 days (9 months) from the date
of the discoverv of excessive contamination.
Please do not hesitate to contact either of the undersigned at (888) 368-r,41i8. or Iocallv
at 23')-415-6406, if you have any questions regarding this report.
Sincerely,
ENVIRONMENTAL RISK MANAGEMENT, INC.
r ,I" I
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Amy Allen
Em'ironmcntal Specialist
Stanlev 1. Rutka. PG
Principal Geologist
Environmental Ri~k Management. Inc:.
5
ERMI File No, E2125A
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EXHIBIT /)-/0
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I EXHIBIT E
May 14,2008
Mr. David Jackson
Executive Director
Bayshore Gateway Triangle Community Redevelopment Agency
2740 Bayshore Drive, Unit 17
Naples, Florida 34112
RE: Proposal for Site Assessment Report
Hubert's Welding & Repair Facility
4315 Bayshore Drive
Naples, Florida 34112
FAC ID #11/8629388
ERMI File No, E2125B
Dear Mr. Jackson:
Environmental Risk Management, Inc. (ERMl) is pleased to present this proposal for the
required Site Assessment services at the above referenced facility. Excessively contaminated
soil and groundwater was discovered at the facility on April 30, 2008 during a Phasc II
Environmental Site Assessment (ESA).
PROJECT UNDERSTANDING
ERMI prepared a Phase II ESA Report dated May 13, 2008 documenting excessive soil and
groundwater impacts in the vicinity of the Underground Storage Tank (UST) farm. Therefore,
thc required Discharge Report Form (DRF) is recommended to be submitted to the Florida
Department of Environmental Protection (FDEP) and thc Collier County Pollution Control and
Prevention Dcpartment (CCPCPO) for the referenced facility.
The ccpepo will outline the actions required at the facility in response to the submittal of the
DRF. The Sitc Assessment Rcport (SAR) is required to be initialed within 30 days after the
discovery of excessive contamination and the completed SAR is due to the CCPCPD and FDEP
within 270 days of this discovery date. These requirements are outlined in Chapter 62-770.600
of the Florida Administrative Code (FAC).
Data collected during the Phase II FSA showcd elevated impacts at UST farm and former
dispenser area. Ocpth to water is approximately 5 feet below land surface (bls). Previous
assessment data characterizes the site-spccific lithology as alternating layers of sands and clayey
sands. ERMI has developcd the scope of work based on previous assessment data.
Headquarters .. 15248 Tamiami Trail South #800 .. Fort Myers, Florida 33908
"-~---'-'~ 1-888-ENV-MGMT (1-888-368-6468) .. Fax 1-888-368-6329 .. www.ermi,net
Agenda Item No. 16G9
June 24, 2008
Page 51 of 53
BaysJrore Gateway Triangle eRA
SAR Proposa/- Hubert's We/din!! & Repair Faci/itr
I_EXHIBIT E - L
1-
May /4, 2/1/18
PaKe 2 of 5
PROJECT OBJECTIVES
The objectives of this project are to determine'the horizontal and vertical extents of petroleum
impacted soil and groundwater at the facility, investigate gcological and hydrogeological
conditions at the facility, evaluate risk potential for exposure to humans and human health, and
submit a SAR to the CCPCPD and FDEP, which meets the requirements of Chapter 62-770,
FAC.
PROPOSED SCOPE OF WORK
Based on our knowledge of the site, ERM! proposes to conduct the ")llowing scope of work:
*
I, Conduct a soil assessment surrounding the fornler tank system area, focusing on the
vicinity of soil borings SR-I and SB-5 (northwestern comer or tank farm), using a
subcontracted direct push Geoprobe drilling unit. ERMI proposes to install up to twelve
borings to approximately 8 feet (approximately 3 feet into the groundwater table) below
surface grade (bls), based on field screening results, in the locations shown on Figure I
and screen samples in the field using an Organic Vapor Analyzer (OV A). If significant
vapors are dctected in initial boring locations, ERMI will step out and delineate the
impacted soils. Based on field screening results, three laboratory soil samples will be
submitted fDr analysis of 13TEX. MTBE, P AH and TRPII constituents. as required by
F AC 62-770. Additionally, one soil sample will be analyzed for total lead. Three
groundwater samples will bc collected from the Cieoprobe's screened sampling point.
2. 13ased on results tram the Geoprohe event, ERMl will install four permanent shallow
monitoring wells in an erfort to horizontally delineate the groundwater impacts and to
quantify the presence of excessive impacts within the source area. The shallow wells will
be installed to an approximate total dcpth of 13 feet, with a screened interval spanning 3-
13 feet bclow land surbee. The wells will be constructed of2-inch I'Ve. with a 0.010-
inch slot sercen size. and finished with a flush moonted traffic hearing manhole set within
a 2-foot by 2-foot concrete pad. rhe annular space of thc horehole will be backfilled
with 20/30 grade silica sand to a depth of approximately I-foot ahove the screen, then an
approximate I.S-foot layer of 30/65 grade finc grain sand will be utilized as a seal. and
grout will then be used to fill the boreholc to surface grade.
3. Collect groundwater samples from the f()ur permanent monitoring wells. Suhmit
groundwater samplcs to an FDEP authorized lahoratory for analysis of BTEX, MTBE,
PAll and TRPH constituents, as required by FAC 62-770. Additionally, groundwater
from the source area well will be analyzed I(lr total lead.
4. Conduct a potahle well survey in the vicinity of the subject property, as required by F AC
62- Z7Q.__ ... ..... _ . ..'
5. Compile all data from the tasks described ah'ove and prepar~"a "Site Assessment Report-----~
for submittal to the FDEP. The SAR will include appropriate recommendations for the \L
next phase at the facility: "No rurther Action", "Natural Attenuation Monitoring", "Risk 1i-
Based Correctivc Action", or "Active Remediation", as required by FAC 62-770 (8)(b). .
Note that the scope of work presented above includes the installation of monitor wells to
investigate the presence of impacted groundwater. The Site Assessment process. according to
Environmental Risk /llml11f.:ement, Il1c.
t.RMI File No. E21258
Bavshore Gllteway Trian~/e eRA
S.4'R Propo.W1I- Huberl's Weldin/! & Renair filcilill'
EXHIBIT E- ~ 3
Agenda Item No. 16G9
June 24, 2008
Mu)Pf>(Je(f(iRof 53
PUKe.! orS
FAC 62-770 must continue until the extent of impacted groundwater is delineated. If perimcter
wells are impacted, furthcr assessment and additional monitor wells may be necessary. If
impacted groundwater in the proposed shallow well excccds the Natural Attenuation Default
Criteria (NADC) establishcd in F AC 62-777, additional horizontal wells, along with a deeper
monitoring well to evaluatc vcrtical impacts may be necessary to complete the SAR.
QUALITY ASSURANCE AND QUALITY CONTROL
ERMI is a Licensed Engincering Firm (1100008700), Licensed Geology Business (#GB000367),
and FDEP Pctroleum Cleanup Contractor (#00542). ERMI adheres to quality assurance
guidelines outlined in FAC Rule 62-160 and FDEP Standard Operating Procedures 001/01 for
field sampling and data collection techniques and applicable codes of cthics for all services
rendercd. ERMI subcontracts laboratory analysis of soil, groundwater, and vapor samples to an
environmental laboratory approved by tbe FDEP in accordance with F AC 62-160.
SITE SAFETY AND UTILITIES
The property owner or authorized agent for thc property owner will makc all decisions impacting
the subject property. ERMI is responsible to operate and maintain a safe work zone. ERMl site
responsibilities will be limited solely to the environmental activities of ERMI and ERMI
employccs on site.
ERMI proposes to use diligent precautionary mcasurcs to identify arcas of concern prior to
drilling. These procedurcs will cqual or exceed the appropriate standard of care, and ERMl will
maintain records to demonstrate due proccss in this regard. The spccilic proccdures that will be
utilizcd in all attempt to loeatc underground structurcs in advance of drilling includc the use of
hand tools to at least thrcc feet below land surfacc to clear each boring near the ground surfacc
prior to drilling.
ERMI will immediately notify the client if any structure is damagcd during the drilling
operations, and will be prepared to assist and manage repair operations as nceded. Such services
would represcnt additional services which may increase the fees Illr the projcct. ERMI will not
be responsihle for damages to underground utilities unless ERMI was negligcnt in its duties on
site.
FEE PROPOSAL
We propose to completc the scope of work as describcd above and bill you on a time and
matcrial s basis for the services as descrihed abovc and according to the attached Terms and
Conditions and Fee Schedule documents, which is made a part or this agreement as ir rully
contained hcrcin. A cost estimate ror completion of the project is providcd below:
~
L.
PROJECT TOTAL:
$2,900.00
$2.600.00
$4,300.00
$ I ,950.00
$Il,7~~~~_.__u_k- l
ERMI f;'ield Serviccs:
Laboratory Fecs:
Drilling Subcnntractor:
Rcpnrting and PM:
Environmental Ri.~k ,11anagement, IlIc.
ERMI File No, E2/258
Agenda Item No. 16G9
June 24, 2008
Page 53 of 53
Bay.,llOre Gateway Triangle eRA
SAR Proposal- Habert's Weldillg & Repair Facility
EXHIBIT E.... 'I
May 14, 2008
Page -I of 5
Whenever asscssment acl1\'ll1es are performed. field data and/or FDEP requirements may
indicate the nced for additional assessmcnt or remedial activitics. Such activities would
represent additional scrvices. Please refcr to the attachcd Limitations of Intrusive Investigations
for Curther information rcgarding project limitations.
We trust this proposal is responsive to your needs. If acceptable. please so indicate by signing
and returning one copy 01' this proposal. along with the required retaincr fee, receipt of which
will constitute our notice to procecd. A retainer fee of $6,900 is required lit the time of
provitling us with formlll lIuthorizalion for us 10 proceed with this proposed work. ERMI
rcquires this rctainage fee to verify fec coverage of our laboratory and subcontracted drilling fees
incurred when performing the proposed work outlined in this proposal. Fitllll pllyment balance
of $4,850 will be exchangedfor the final SAR report, upon completion; approximately 30 days
after field activities are completed, ERMI presumcs that by authorizing this contract. you have
obtained pernlission for ERMI to perform these services at the subject property. This proposal
will become null and void if not acccpted within 60 days of its date.
Plcase do not hesitate to contact the undersigned if you have any questions or need additional
information.
Sincerely.
ENVIRONMENTAL RISK MANAGEMENT.INc'
)~ 1iM-
Amy Allcn
Project Manager
~~
Stanley .I. Rutka. PG
Principal Geologist
"
EI1l';ronmenlal Risk ManaKemel1(, Inc.
ERMI File No. E2125B