Collier County commissioners approve amended Williams Reserve purchase after seller agrees to remediate identified contamination

Collier County commissioners voted 3-2 on April 22 to accept a fourth amendment to the county's sales agreement for the Williams Reserve property that makes the seller responsible for remediating contamination identified during the county's due diligence.

The amendment requires remediation of areas where phase 1/2 testing detected contaminants and raises the liquidated-damages amount to $500,000 if the county declines to close after the seller elects remediation. Trinity Scott, department head for Transportation Management Services, told commissioners: "Results of those environmental investigations include some soil contamination that, exceed allowable thresholds that will require remediation, as well as groundwater contaminants that exceed those allowable thresholds as well." Scott said the county did not yet know the full horizontal extent of groundwater contamination.

The board heard from William Rollins, a broker representing the Williams family, who reiterated the family's position that involving the Florida Department of Environmental Protection (DEP) in the remediation was neither customary nor required in vacant-land sales. Rollins said the family had agreed to conduct additional testing and, in their view, to remediate areas to residential cleanup levels prior to closing.

Commissioner McDaniel moved to accept the seller's fourth amendment — which retains the seller's ability to remediate the identified areas to residential standards, increases the county's liquidated-damages exposure to $500,000 after the seller elects remediation, and leaves DEP coordination under the seller's remediation process — and the motion was seconded and carried 3-2. Commissioners who opposed voiced concerns about taxpayer exposure for unknown remediation costs on the property's farm fields; supporters emphasized regional environment and recreation benefits tied to acquiring the slough (wetland) and adjacent lands.

County staff recommended terminating the sale earlier in the meeting because the due-diligence period was expiring the next day and the seller had rejected county proposals intended to reduce the county's financial risk (including a purchase-price reduction or an escrow holdback). Staff advised that absent an approved amendment, the county could face $70,000 in liquidated damages if it failed to close under the current contract.

The board's approved amendment shifts remediation responsibility to the seller for the specific test locations identified in the county's investigations and binds the seller to achieve cleanup levels before closing. Commissioners discussed the trade-offs between environmental risk, remediation responsibility, and the parcel's conservation and community benefits — including potential watershed improvements for Lake Trafford and expanded access/park opportunities for eastern Collier County.

Staff and commissioners said additional, site-specific testing and DEP coordination would be required if the county later proposes development on particular parcels (for example, where active recreation or housing is planned), and remediation requirements for any new development would follow standard regulatory review.

The board recessed after the vote to allow staff time to finalize follow-up steps and documentation on the amended agreement.