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Agenda 11/10/2020 Item #16C 4 (Sale & Purchase Agreement - Steven L. Bohnert)16.C.4 11/10/2020 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Mr. Steven L. Bohnert for 0.27 acres of unimproved property adjacent to the future Essential Services Housing development for public access and authorize necessary budget amendments. The total cost for this transaction will not exceed $90,000. OBJECTIVE: To purchase a 0.27-acre parcel from Mr. Steven L. Bohnert for safe access to education, parks, shopping and services within a vibrant, walkable community. CONSIDERATIONS: Golden Gate City's Vision Statement, identified during public outreach meetings during the Golden Gate Areas Master Plan Restudy, is "Golden Gate City is a safe, diverse, family - oriented community that offers easy access to education, parks, shopping and services within a walkable community." The acquisition will allow compliance with this vision statement by providing a point of public access to the uses proposed within the former golf course property, as well as to public transit stops and future sidewalk connections to the Collier County Sports Complex planned along Collier Boulevard. The aggregation of single-family lots that abut the former golf course property prohibit the ability for public access. The Seller's unimproved property contains 0.27 acres and is located at 4061 32" Ave. SW, which is adjacent to the recently purchase Golden Gate golf course. A location map is attached for reference. The Seller has offered the property for $85,000 which the Real Property Management's in-house Real Estate Appraiser has determined the fair market value of said property to be $85,000. A copy of the appraisal is attached for reference. The Agreement for Sale and Purchase has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of the acquisition should not exceed $90,000 ($85,000 for the purchase price and $5,000 for a title commitment, title policy, closing costs and recording of the documents). Funding for this purchase will be made available from existing general governmental operating or capital FY21 appropriations. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approves the attached Agreement for Sale and Purchase and accepts the Warranty Deed once it has been received and approved by the County Attorney's Office. 2. Authorize the Chairman to execute the Agreement for Sale and Purchase and any and all other County Attorney's Office approved documents related to this transaction. 3. Authorizes the County Manager or his designee to prepare related vouchers and warrants for payment. 4. Authorizes necessary budget amendments. 5. Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement. Packet Pg. 1576 11/10/2020 16.C.4 Prepared By: Sonja Stephenson, Sr. Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. Agreement for Sale and Purchase (PDF) 2. Appraisal Report (PDF) 3. Location Map (PDF) Packet Pg. 1577 16.C.4 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doe ID: 13869 Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Mr. Steven L. Bohnert for 0.27 acres of unimproved property located at 4061 32nd Ave. SW and adjacent to the future Essential Services Housing development for public access and authorize necessary budget amendments. The total cost for this transaction will not exceed $90,000. Meeting Date: 11/10/2020 Prepared by: Title: Property Acquisition Specialist — Facilities Management Name: Sonja Stephenson 10/09/2020 3:09 PM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 10/09/2020 3:09 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Public Utilities Department Dan Rodriguez Additional Reviewer Facilities Management Toni Mott Additional Reviewer Facilities Management Damon Grant Director - Facilities Public Utilities Operations Support Joseph Bellone Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Mark Isackson Additional Reviewer Budget and Management Office Ed Finn Additional Reviewer County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 10/09/2020 3:56 PM Completed 10/11/2020 8:51 PM Completed 10/12/2020 1:59 PM Completed 10/12/2020 4:43 PM Completed 10/13/2020 10:11 AM Completed 10/13/2020 2:51 PM Completed 10/14/2020 4:40 PM Completed 10/16/2020 9:37 AM Completed 10/16/2020 10:02 AM Completed 10/16/2020 11:37 AM Completed 11/03/2020 8:50 AM Completed 11/03/2020 2:20 PM Completed 11/03/2020 3:41 PM 11/10/2020 9:00 AM Packet Pg. 1578 16.C.4.a Folio No. 36512280007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between STEVEN L. BOHNERT, whose address is 818 Hedley Place, Gahanna, OH 43230-1617, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, its successors and assigns. whose address is 3335 Tamiami Trail East, Naples, Suite 101 FL 34112, (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows.. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Eight - Five Thousand Dollars ($85,000), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Manager of the Real Property Management or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional 60 days without further approval by the Board of County Commissioners, The Closing shall be held at the Packet Pg. 1579 16.C.4.a Collier County Attorney's Office, 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seiler and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. Packet Pg. 1580 16.C.4.a 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within thirty (30) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Ag reement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. Packet Pg. 1581 16.C.4.a 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within fifteen (15) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 This provision was deleted as an in-house appraisal was obtained per the guidelines set forth in Section Two (4) of Ordinance 2007-28. VI, INSPECTION PERIOD 6.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. if Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection. Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. Packet Pg. 1582 16.C.4.a VII. INSPECTION 7.01 Seller acknowledges that the Purchaser. or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. MtHWON MX&y[i Z 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2020 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed. provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, and neither party shall have any further liability or obligation to the other except as set for in paragraph 13.01 (Real Estate Brokers) hereof. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action: which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. Packet Pg. 1583 16.C.4.a XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property, all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly 6 Packet Pg. 1584 16.C.4.a into any body of water. Seller represents the Property has not been used for the production. handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws Packet Pg. 1585 16.C.4.a governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to. the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xll. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid. addressed as follows: If to Purchaser: Real Property Management Administration Building 3335 Tamiami Trail East -Suite 101 Naples, Florida 34112 With a copy to: Office of the County Attorney Administration Building 3299 Tamiami Trail East - Suite 800 Naples, Florida 34112 Packet Pg. 1586 16.C.4.a If to Seller: Steven L. Bohnert 818 Hedley Place Gahanna, OH 43230-1617 12.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other a person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to 00 pay any and all commissions or fees at closing pursuant to the terms of a separate 77 agreement, if any. y XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. Packet Pg. 1587 16.C.4.a 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. Packet Pg. 1588 16.C.4.a IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER - DATED: ATTEST: CRYSTAL K. KiNZEL, Clerk . Deputy Clerk AS TO SELLER: DATED: / b 0 SE (Si nature) (Printed Name) ignature) L�� U n a r A 7 (Printed Name) Approved as to dorm and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Burt L. Saunders, Chairman i BY: Steven L. Bohnert Packet Pg. 1589 16.C.4.a EXHIBIT "A" LOT 23, BLOCK 272, UNIT 8 PART 1, GOLDEN GATE, ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 149, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Packet Pg. 1590 16.C.4.b Appraisal Report 4061 32nd Ave SW Naples, FL 34116 Vacant Land Aerial View Q Packet Pg. 1591 16.C.4. b v Ier CO-4nty Public Utilities DeparbTent Facilities Management Division August 16, 2019 Dear Sonja, N At your request, Real Property Management has prepared the accompanying appraisal for the above referenced property. The purpose of the appraisal is to estimate the market value of the fee a simple interest, known as 4061 32nd Ave SW GGC, FL 34116. The client for the appraisal .2 assignment is Collier County BCC / Real Property Management. The intended use of the a' appraisal report is to assist the client in internal decision -making purposes. m 00 The subject property is vacant land and may have a potential to be developed with access. VALUE CONCLUSIONS Appraisal Premise Interest Appraised Date of Value Conclusion Market Value, As Is Fee Simple September 23, 2020 $85,000 Dollars The value conclusion(s) are subject to the following hypothetical conditions and extraordinary conditions. These conditions may affect the assignment results. Hypothetical Conditions: None. Extraordinary Assumptions: None. Respectfully submitted, Real Property Management Packet Pg. 1592 16.C.4. b Subject Property & Owner 061 Site 32ND ite Zone Parcel No 36512280007 Address Site City NAPLES *Note 3411 *Disclaimer VE S Name / Address BOHNERT, STEVEN 818 HEDLEY P Section , T 5000 272 234 GOLDEN GATE UNIT 8 PART 1 BLK 272 LOT 23 OR 1140 PG 106 Dls Ict 8ur1L. Saun dars Packet Pg. 1593 16.C.4. b Naples Real Estate Market Trends Naples real estate market trends indicate a decrease of $5,000 (-2%) in median home sales and a 0% rise in median rent per month over the past year. The average price per square foot for this same period fell to $211, down from $213. Trulia has 4,035 resale and new homes for sale in Naples, FL, including open houses, and homes in the pre -foreclosure, auction, or bank -owned stages of the foreclosure process. The median sales price for homes in Naples for Mar 1 to May 29 was $325,000 based on 2,405 home sales. Average price per square foot for Naples was $211, a decrease of -1 % compared to the same period last year. The median rent per month for apartments in Naples for May 4 to Jun 4 was $2,500. Median Sales Price $360K $340 $ 320K $300 $280K $260 C C 5 C 5 C C - -3 5 9 All properties Graph Credits: Trulia.com Q Packet Pg. 1594 16.C.4. b Naples Real Estate Market Forecasts 2019 & 2020 The median home value in Naples is $320,300 on Zillow.com. Naples home values have gone up 1.1 % over the past year and Zillow predicts they will fall -1.4% within the next year. The median list price per square foot in Naples is $195, which is lower than the Naples-Immokalee-Marco Island Metro average of $204. The median price of homes currently listed in Naples is $406,990 while the median price of homes that sold is $317,500. The median rent price in Naples is $3,750, which is higher than the Naples-Immokalee-Marco Island Metro median of $3,700. Apr 2020 — Naples s31 5K 2015 2016 2017 2018 2019 2020 Graph Credits: Zillow.com $338 K $287 K $237 K $18GK Packet Pg. 1595 16.C.4. b CLIENT, INTENDED USER, AND INTENDED USE The client and the intended user of the appraisal are Collier County Real Property Management & The BCC. The intended use is to assist Collier County in its determination of market value for the potential acquisition of the subject property for potential golf course development access. This appraisal is not intended for any other use or user. DEFINITION OF MARKET VALUE Market value definition used by agencies that regulate federally insured financial institutions in the United States is defined by The Dictionary of Real Estate Appraisal, 6th ed. (Chicago: Appraisal Institute, 2015) as: The most probable price that a property should bring in a competitive and open market under all condition's requisite to a fair sale, the buyer and seller each acting prudently N and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit °; in this definition is the consummation of a sale as of a specified date and the passing a of title from seller to buyer under conditions whereby: .2 ❑ Buyer and seller are typically motivated; a ❑ Both parties are well informed or well advised, and acting in what they consider their best interests; m 00 ❑ A reasonable time is allowed for exposure in the open market; ❑ Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and °� ❑ The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone y associated with the sale." (Source: 12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, a 1992; 59 Federal Register 29499, June 7, 1994) y DEFINITION OF PROPERTY RIGHTS APPRAISED Fee simple estate is defined as an: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." (Source: The Dictionary of Real Estate Appraisal, 6th ed. (Chicago: Appraisal Institute, 2015) Packet Pg. 1596 16.C.4. b Valuation Analyses: 1. Cost Approach: A cost approach was not applied as the subject tract is analyzed as vacant land. However, the Cost Approach is utilized to estimate the contributory depreciated value of the site improvements (if any) taken. 2. Sales Comparison Approach: A sales approach was applied as typically this is the most appropriate approach for the valuation of vacant land. This approach is applicable to the subject because there is an active market for similar properties and sufficient sales data is available for analysis. 3. Income Approach: An income approach was not applied as the subject is not likely to generate rental income as vacant land. Hypothetical Conditions: It is a hypothetical condition the proposed acquisition can occur, and no environmental conditions exist. Extraordinary Assumptions: None. HIGHEST AND BEST USE Highest and best use may be defined as: The reasonably probable use of property that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. ❑ Physically possible for the land to accommodate the size and shape of the ideal improvement. ❑ Legally permissible under the zoning regulations, building codes, environmental regulations, and other restrictions that apply to the site. A property use that is either currently allowed or most probably allowable. ❑ Financially feasible to generate enough income to support the use. ❑ Maximally productive, or capable of producing the highest value from among the permissible, possible, and financially feasible uses. Highest and Best Use as Improved No improvements are situated on the site. Therefore, a highest and best analysis as improved is not applicable. Most Probable Buyer Consider the size, class, and location of the property, the most probable buyer is an owner -user Packet Pg. 1597 16.C.4. b Vacant Land Market Data Subject Property asking price $85,000 vacant lot 0.21ac 1. Folio 36510280009 11/22/2019 $85,000 0.23ac Golden Gate City 2. Folio 36512080003 07/29/2020 $99,696 0.23ac Golden Gate City 3. Folio 35996160003 10/10/2019 $87,000 0.29ac Golden Gate City Adjustments for the above vacant land market data. Market Data Adjustments for the above comparable's 1. No adjustments to vacant land lot, the results are $85,000 2. -15% for improvements, the results are $84,741 rounded to $85,000 3. -3% for larger size, the results are $84,390 rounded to $84,000 Considering all the above market data, the average of the adjusted data is $85,000 per lot Conclusion Analysis: The subject property is located in Golden Gate City, adjacent to the golf course. The asking price $85,000, the estimated value for the vacant lot is $85,000. The asking price appears to be reasonable for a 0.23 vacant lot. $85,000 for subject property 9/23/2020. Rmsm-elt LewaazL RV -AC Sr- Rn-iew Appam" Gnstn" FaeifiEnM&wseaeeuDiw&s 3335 Tamiami Trail E Ste. 101 Naples, FL 34112 Ph- 239-252-2621 Packet Pg. 1598 16.C.4. b Location Map f t® 23,dPISW x Coral Palms Apartments 4 23,d PI SW 21dd SW 230 SW Corda rave.IC AAn 8 Golden Gate Q Y Community Center LePkwy f 2nh ale SW den Ga v° Ga S a Z4m P� Cnanedo Pkwy 'e DollarTree� ®Winn -Dixie s s 1sw Prtsw 25t1, Ave SW me Wells Fargo 5. a c,S* �£ Comp 3 1ymAvesw W st` o lslnd' 0 Poll led, P1 sw Parr©ne He tam Ave Sw did PesS' Golden Terrace0 I s s 1am� ten Golden Gate 0 El entary School... Middle School 1 ` 13Sa5a ' 2nn G�`''H �P` y� 1d ZBte Are SW n ; ye Sw v QLa Sierra -Mexican es` 2em�sw © Restaurant & Bar tam n SW Mexican restaurant 19M Golden Gate FkwY S a es'e f y f 2.h PI SW £ 3b P 30th Ave SW n � A _ y 300, PI Svv 30t PI SW F ' 2 i St. John Neumann rM f . _ 3W Sw Catholic High School0 31 It Ave sw 31 q 31 st P15 list PI SW It 31It PI SW 32nd Ave Sw 32nd Ave 3711d Ave SW I Suntine Ace Hardwar 1p Cracklin' zy ie rs �� s Ion �' W to V t.i Q c.i 12 2Wh Pi SW 00 3011, Ave SW ?Ct W o n O 3 a w 3 eAle SW rL a. Mike Davis Q I. Q Packet Pg. 1599 16.C.4. b ADDENDA PAGE(5) Packet Pg. 1600 16.C.4. b CERTIFICATION We certify that, to the best of our knowledge and belie£ 1. The statements of fact contained in this report are true and correct 2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions and conclusions. 3. We have no present or contemplated future interest in the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. My compensation for completing this assignment is not contingent upon the development or N reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a a subsequent event directly related to the intended use of this appraisal. .2 7. The reported analyses, opinions, and conclusions were developed, and this report has been a prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute. 00 8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice 9. The use of this report is subject to the requirements of the Appraisal Institute relating to °� review by its duly authorized representatives. 10. Dated 9/23/2020 APPRAISAL SCOPE According to the Uniform Standards of Professional Appraisal Practice, it is the appraiser's responsibility to develop and report a scope of work that results in credible results that are appropriate for the appraisal problem and intended user(s). Therefore, the appraiser must identify and consider: • the client and any other intended users; • the intended use of the appraiser's opinions and conclusions; • the type and definition of value; • the effective date of the appraiser's opinions and conclusions; • subject of the assignment and its relevant characteristics • assignment conditions • the expectations of parties who are regularly intended users for similar assignments; Packet Pg. 1601 16.C.4.c s.� Location Map — Public Access 1 a Packet Pg. 1602