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Agenda 01/14/2014 Item # 16B5 1/14/2014 16.B.5. EXECUTIVE SUMMARY Recommendation that the Collier County Community Redevelopment Agency approve the sale of one single-family lot located at 2605 Van Buren Avenue to A.P. Richter Holding Company, LLC; authorize the CRA Chairman to execute all documents necessary to facilitate the sale and authorize staff to deposit the funds received from the sale into the appropriate account and approve all necessary budget amendments. OBJECTIVE: To obtain approval by the Collier County Community Redevelopment Agency (CRA Board)to facilitate the sale of one(1) CRA owned single-family home lot. CONSIDERATIONS: On May 22, 2012, Item 14.B.5,the CRA Board authorized CRA staff to advertise 23 CRA owned vacant residential lots for sale to the public and bring back any offers for CRA Board consideration. To date,the CRA has sold 5 of the 23 lots. On November 5, 2012 in accordance with Section 163.380 Florida Statutes, legal notice was posted in the Naples Daily News to solicit sealed bid proposals to purchase (5) five of the CRA's 23 vacant lots. A minimum bid amount of$12,500 per lot was established and in March of 2013 the Board accepted an offer to purchase the (5) five lots for $13,500 per lot from NIAN Financing Corporation; authorized the Chairman to execute a Purchase and Sale Agreement; authorized Chairman to execute a Statutory Deed. To expedite the integration of single-family homes into this predominantly mobile home stipulations required construction commence within 24 months of the date of closing on the lots.NIAN plans to begin construction in 2014. On November 1, 2013 in accordance with Section 163.380 Florida Statutes, legal notice was posted in the Naples Daily News to solicit sealed bid proposals for the purchase of five additional CRA owned lots. A minimum bid of$25,000 per lot was established. One sealed bid was received with an offer to purchase a single CRA lot located at 2605 Van Buren Avenue from A.P. Richter Holding Company, LLC in the amount of $35,000. A recent appraisal was conducted by the Real Property Management Section on similar CRA owned lots providing a property value of$19,250. A.P. Richter Holding Company currently is constructing a two-story single family house on the same street of the subject property. They desire to purchase and construct a similar house on the CRA owned lot. This street comprises of smaller single-family homes and is not a mobile home lot. Construction of a similar home on this street will improve the character of the neighborhood and benefit the community. At the December 3, 2013 the CRA Advisory Board voted unanimously to recommend acceptance of the offer and directed staff to prepare all the necessary documents to facilitate the purchase to present to the Board with a recommendation of acceptance. The funds are required to be in cash and the property is being sold "as is". A.P. Richter Holding has demonstrated commitment to improving the area with the construction of quality housing and the CRA Advisory Board supports the sale of the site.No bids were received for the other four lots. 1 Packet Page -867- 1/14/2014 16.B.5. Currently the lot contributes no taxable value to CRA Tax Increment Financing (TIF) revenues, and construction of a new house is estimated to have a taxable value of $300,000. The total purchase price to the CRA was$3,000.00. The terms of the conveyance shall be set forth in the Purchase and Sale Agreement(Agreement) and shall be by Statutory Deed in an "as is" condition inclusive of the following deed restrictions: 1. Property is restricted to residential structures that conform to the design standards of the Bayshore Mixed Use Overlay District; 2. Mobile homes are not permitted on the site. The documents have been reviewed and approved by the Real Property Management Section and the County Attorney's Office for legality. HISTORY OF LOT: The County acquired title to property located at 2605 Van Buren Avenue via Quit-Claim Deed in October of 1995 to satisfy outstanding assessments and liens levied against the property. All outstanding liens were satisfied in November, 1995. The CRA Executive Director received notification of County surplus property available for sale. Subsequently, the CRA reimbursed the County for associated costs incurred by the County paid to abate outstanding special assessments when the County took title to the parcel from Society First Federal, estimated to be in the amount of$3,000.00 and the property was conveyed to the CRA in accordance with Section 125.38.FS. The CRA had the site cleaned of all debris and has continued to incur the costs of maintaining the property since May of 2008. FISCAL IMPACT: The cost and expenses to facilitate the sale will be solely borne by the buyer (closing services, recording fees, etc.). The sale shall generate $35,000 in revenue. The proceeds will be transferred by budget amendment to the debt service fund and will be used to pay down the principal of the CRA loan. 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 part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for CRA Board action. -JAB 2 Packet Page -868- 1/14/2014 16.B.5. RECOMMENDATION: That the Collier County Community Redevelopment Agency: 1. Approve and authorize the Chairman to execute a Purchase and Sale Agreement, Statutory Deed and any and all other documents necessary to close once approved by the County Attorney's Office; 2. Authorize the necessary budget amendments and to deposit funds received from the sale into CRA Fund(187); 3. Authorize staff to work with the Finance Department to transfer proceeds from (187) to debt service fund; 4. Authorize the CRA Interim Director to make payment of all costs and expenses necessary to close the transaction from the CRA Fund(187). Prepared by:Jean Jourdan, Interim Director Bayshore/Gateway Triangle CRA 3 Packet Page -869- 1/14/2014 16.B.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.5. Item Summary: Recommendation that the Collier County Community Redevelopment Agency approve the sale of one single-family lot located at 2605 Van Buren Avenue to A.P. Richter Holding Company, LLC; authorize the CRA Chairman to execute all documents necessary to facilitate the sale and authorize staff to deposit the funds received from the sale into the appropriate account and approve all necessary budget amendments. Meeting Date: 1/14/2014 Prepared By Name:jourdan_j Title: Project Manager, 1/2/2014 3:37:37 PM Approved By Name: ZimmermanSue Title: Property Acquisition Specialist,Facilities Managem Date: 1/8/2014 8:41:33 AM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 1/8/2014 11:04:30 AM Name: KlatzkowJeff Title: County Attorney Date: 1/8/2014 11:20:41 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/8/2014 12:59:02 PM Name: OchsLeo Title: County Manager Date: 1/8/2014 3:59:39 PM Packet Page -870- 1/14/2014 16.B.5. PROJECT: BAYSHORE GATEWAY FOLIO NO: 29280960006 PURCHASE AND SALE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER COUNTY COMMUNITY REDEVELOPEMENT AGENCY, its successors and assigns, whose mailing address is 3299 Tamiami Trail E., Naples, FL 34112 (hereinafter referred to as "Seller"), and A.P. RICHTER HOLDING COMPANY, LLC, a Florida Limited Liability Company, its successors and assigns, whose mailing address is 1617 Gulfstar Drive South,Naples,FL 34112(hereinafter referred to as"Purchaser"); WHEREAS,Seller is the owner of those certain parcels of real property(hereinafter collectively referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: LOT 32,CRAIGS SUBDIVISION,in accordance with and subject to the plat recorded in Plat Book 4,Page 27 of the Public Records of Collier County,Florida • Subject to easements,restrictions,and reservations of record. WHEREAS, Seller desires to convey the Property"as is"to Purchaser for the stated purposes and Purchaser desires to acquire the Property"as is", on the terms and conditions set forth herein; and WHEREAS,Purchaser has agreed to compensate Seller for conveyance of the Property; NOW THEREFORE, in consideration of these premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it Is agreed by and between the parties as follows: 1.' Seller shall convey the Property to Purchaser via Statutory Deed for the sum of THIRTY FIVE THOUSAND and no/100 Dollars ($35,000), payable by wire transfer (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed. This is a cash transaction with no contingencies for financing. 2. Purchaser shall deliver a deposit of THREE THOUSAND FIVE HUNDRED and no/100 Dollars ($3,500)together with this Agreement signed by Purchaser. The deposit will be held in escrow by Stewart Title Co.("Escrow Agent")subject to clearance. Escrow Agent's address is 3936 N. Tamiami Trail,Suite A,Naples, FL;Phone:(239)262-2163. 3. The effective date of the Agreement shall be the date the CRA Chairman signs the Agreement ("Effective Date"). 4. Seller shall provide Purchaser with a copy of their existing Owner's Title Insurance Policies as title evidence. Purchaser, at their expense, will be responsible for obtaining their own title insurance commitment and Owner's Policy of Title Insurance. 5. The Closing of the transaction shall be held on or before thirty(45)days from the Effective Date. At Closing, Purchaser shall deliver the wire transfer to Seller and Seller shall deliver the fully executed Statutory Deed to the Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 6. Seller shall convey a marketable fee simple 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. 7. Each party shall be responsible for the payment of its own attorney's fees,if any. Purchaser,at its sole cost and expense,shall pay at Closing all documentary stamp taxes due relating to the recording of the Statutory Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of the title commitment and the title policy. Purchaser shall pay for the cost of recording the Statutory Deed. The cost of recording any instruments necessary to clear Seller's title to the , Property will be paid by Seller. 8. Ad Valorem and Non-Ad Valorem property taxes shall be prorated between Seller and Purchaser on a 365-day calendar or fiscal year, as appropriate, and shall be based on the current years tax. If Closing occurs at a date which the current year's tax is not fixed,taxes will be prorated based upon such prior year's tax. In determining prorations,the closing date shall be allocated to Purchaser. 9. Any and all brokerage commissions or fees shall be the sole responsibility of the Purchaser. ' Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Purchaser as a real estate broker, salesman or representative, in connection with this Agreement. 4$ Purchaser acknowledges there shall be covenants that run with the lands of the property herein described that will be fully binding on any successors, heirs, and assigns of owners who may . acquire any right,title,or Interest in or to the property. A)Mobile homes shall not be permitted. on this site;and B) _ - _•.. .•. .:........ • -•- .._- -- ... •- :_ 'f' :r 11. Conveyance of the Property by Seller is contingent upon no other provisions, conditions, or V�� premises other than those so stated herein: and the written Agreement shall constitute the Packet Page -871- 1/14/2014 16.B.5. Purchase Agreement Page 2 entire Agreement and understanding of the parties,and there are no other prior or written or oral agreements,undertakings,promises,warranties,or covenants not contained herein. 12. This Agreement and the 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 both parties hereto and their respective heirs, executors, personal representatives, successors,successor trustees,and/or assignees,whenever the context so requires or admits. 13. Any amendment to this Agreement shall not bind any of the parties hereto 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. 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. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. . IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the dates set forth herein below. • Date Property conveyance approved by BCC: AS TO SELLER: DATED: ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E.BROCK,Clerk REDEVELOPMENT AGENCY BY: ,Deputy Clerk ,Chairman AS TO PURCHASER: DATED: /WV/ A.P.RICHTER HOLDING COMPANY,LLC a Florida Limited Liability Company / Witness(Signature) ` AUGUST;P RICHTER L. Name: (.)Aw A Rica-Fc3 Its Managing Member // (Print or Type) 1440.8) (2/ai: i/n ? tness Si 'atur_e.,L - Name: Jan jou rc.)a,� (Print or Type) Approved as to form and legal4 . TEnJn)tPGtZ fi• $£r_.fg.DIo '� � Assistant County Attorney � � Packet Page-872- 1/14/2014 16.6.5. PROJECT: Bayshore/Gateway PARCEL:LOT 32 FOLIO:29280960006 STATUTORY DEED THIS DEED, made this day of January, 2014, by COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, whose mailing address is 3750 Bayshore Drive, Suite 102, Naples, Florida 34112, (hereinafter called the Grantor),to A.P. Richter Holding Company, LLC, a Florida Limited Liability Company, its successors and assigns, whose mailing address is 1617 Gulfstar Drive, South, Naples, Fl 34112 (hereinafter called the Grantee). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: Lot 32, CRA►GS SUBDIVISION, according to the Map or Plat thereof as Recorded in Plat Book 4, Page 27, of the Public Records of Collier County Florida SUBJECT TO the following deed restrictions: 1. Property is restricted to construction of residential structures that conform to the design standards of the Bayshore Mixed Use Overlay District, and mobile homes are not permitted on these sites. Therefore, the provisions of this instrument are hereby declared Covenants running with land and are fully binding on any successors, heirs and assigns of Grantee's who may acquire any right, title, or interest in or to the property, or any part thereof. Grantee(s), its successor, heirs and assigns hereby agree and covenant to abide and fully perform the provisions of this instrument. Further subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by the Collier County Community Redevelopment Agency acting through its Chairman,the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman (OFFICIAL SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney C Packet Page-873- 1/14/2014 16.B.5. / L,, e...... E. _ . I,- SHORT FORM REPORT VACANT LAND APPRAISAL `t,,ig0!, , aftoNi?; 53352200000I_ e k, Ilr 4Z�00y;A,0 reas::k,. ,..,fi 3991 HARVEST CT NAPLES, FL 34112 ?.2,P. 4644r tailt ¢I COLLIER CNTY COMM REDEV AGENCY it/...E-,14X40..0ANI;3301 TAMIAMI't'RL E . 4&,,0(4 jCi.1y NAPLES ? i $fit. . .';+IFL (ililill;:°.ZIET. AHI 34112 . t I � e@ ; SHORT LEGAL ; , 4 r , 11 LAKE KELLY UNIT'2 LOT 66 • 'r F R 933.rr':1 .s £ j rte s 13 i7 s }; i q 1,-It.yn, i tl tri ^3 Lbw„i '� (, v��ppgp����9�t�ytr?:•ay ;i(� d ,1 `J� es { ��.� ... i'f'ra!?,�4: .K,: _ f�l,a +I�1�..7: ..,..�lbprt . :� l�$ !t�, �5���..-sllaC3nIV:'!SrT” .LC' �Hla r., S .,3._.._��_.. �1 �. � . � ... .�1r F ... � �.,�, 14 50 25 0.09 dEgatimptaggefsi VACANT LAND I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 3991 HARVEST CT 2955 COTTAGE GROVE 3132 PETERS AVE 112 JEEPERS DR Proximity to Subject 3' s/ x r TX ID 23370680001 TX ID 30480580000 TX ID 53400280008 Sales Price n',, r ,' `fir° # >y ? - $15;000 '-' . ` i ._. $25;000 `� t ; $42,OD0 Unit Price G ay r:l , ,` . '}Y �r 2.15 SF „, v., P:: _ 1.98 SF ,1' . x 6.03 SF Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data DESCRIPTION +l-$ DESCRIPTION +/-$ DESCRIPTION +l-$ Date of Sale&Time Adjustment Adjustment Adjustment Adjustment - �. al, 6/00/2012 $3,000 2/00/2013 50 7/00/2013 $0 Location BAYSHORE AREA SIMILAR $0 SIMILAR $0 Similar $0 LOT UTILITY RES LOT-CANAL _ SIMILAR $0 SIMILAR $0 Similar • $0 SIZE/PARENT TRACT 0.09 AC /3,920 SF 6,970 SF -$1,500 12,632 SF -$5,000 6,970 SF -$1,500 ROAD FRONTAGE VACANT LAND VACANT LAND $0 VACANT LAND $0 VACANT LAND $0 ACCESS CLEARED LOT CLEARED LOT $0 CLEARED LOT $0 CLEARED LOT $0 ZONING MH-BMUD-R3 SIMILAR $0 SIMILAR - $0 Similar $0 IMPACT FEE CR$11,700 N/A 5,000 N/A $5,000 Similar $0 Sales or Financing V, �^ , t .,c3• Concessions kt t`'r 1111 CASH CASH OTHER , -$6,300 Net Adj.(Total) ,V 1..' -:41(1w f v `" $6,500 ..a $0 .$ tx� d _ -$7,800 Indicated Value of i zik'„F wr,.Q �y � ' b= r'` '"`� ; 4ck���j 3.08 SF -. 1.98 SF 1 PIP, d.91 SF Subject ��, ��y, r� �€ � !, ,: a.� ��:.,_ _ Comments on Market Data:Considering the current Real Estate closed sales data in this market area,that Is not apart of the current on going land buying for development purposes,the most weight Is placed on$4:91sf The new impact fee per development home lot in this market area is Approx$14,000 per lot. there is a$11,700 credit for the subject property that can be applied at any time.The market value In this appraisal has given that credit a nominal value due to the credits move up and down with the market. Final Reconciliation; All three approaches were considered in the valuation of this parcel.The sales approach method is given most weight.The value of the opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property. MaTematicalfy:• 3,920 SFx$4.91 is$19,247 dollars SAY$19,250 Appraiser: d74 � 10/16/2013 Roosevelt Leonard Land Appraisal Report,Appraisal Form 02 Rev.4/19/06 Packet Page -874- 1/14/2014 16.B.5. SHurc I FORK SPORT VACANT LAND APPRAISAL 53351680003: _.. .-=„13roper 0.44ress/,A; A3962HARVESTCT NAPLES, FL 34112 iMfti<gfOrfoO> CamQ COLLIER CNTY COMM REDEY AGENCI' 1i1 n ,t JAuFau1'ot:13301 TAMIAMI TKL E .'..Vi.1: 41`;^AIXIJ rjl jNAI'LES Iy?;hl•r_ 1a1B ,; ' 1FL �., ;G 3ZIp ' t) 34112 t icar : SHORT LEGAL A i , fi 4=LAKEKELLYUNIT 2 LOT 48 •`!k n-'� , k � .�y�m-qi�"n r `"�'�,� r ,r a�ao� �,� �Y,ttnv i `^aI�E.ifii tfil��,i't� ..#' �.Diu+Ul ,4xtl�'p]�lblft ;r, .t 41;Alt g ??....:,w , t�¢_u. I5 t !P` Ok,. - d.tr I 1 ._ be�C�_. ..•iaili 4 14 50 25 0.00 Mi l nt x tiitl s VACANT LAND I .ifilleg k7e,A' i, t`flfilliigiii I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 3962 HARVEST CT 2955 COTTAGE'GROVE 3132 PETERS AVE 112 JEEPERS DR Proximity to Subject ' »* TX ID 23370680001 TX ID 30480580000 TX ID 53400280008 Sales Price j"j�lk`f t i ,`V `•/r"ii �° $15.000 �r Y3 $25.0001 X11 $42,000 i L� i i, x" '!” Unit Price .�-�=: �,.,��-ir��'.,r._ a. •����''� 2,15 SF ,1;;;;; �. .; ,_ 1.98 SF �st inA7?14`i :. 6.03 SF Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data Date of Sale&Time DESCRIPTION .+14 DESCRIPTION +1-$ DESCRIPTION +/-$ _ Adjustment Adjustment Adjustment Ad j ustment . '1 SI 6/00/2012 $3,000 2/00/2013 $0 7/00/2013 $0 Location BAYSHORE AREA SIMILAR $0 SIMILAR $0 Similar $0 LOT UTILITY RES LOT-back to back SIMILAR $0 SIMILAR $0 Similar $0 SIZE/PARENT TRACT 0.09 AC /3,920 SF 6,970 SF, -$1,500 12,632 SF -$5,000 6,970 SF -$1,500 ROAD FRONTAGE VACANT LAND VACANT LAND $0 VACANT LAND $0 VACANT LAND $0 ACCESS CLEARED LOT CLEARED LOT $0 CLEARED LOT $0 CLEARED LOT $0 ZONING MH-BMUD-R3 SIMILAR $0 SIMILAR SO Similar s0 IMPACT FEE CR$11,700 N/A 5,000 N/A $5,000 Similar $0 Sales or Financing CASH CASH OTHER -$6,300 Concessions rot1l0; ', r�r s• Net Adj.(Total) �:` t ar r $6,500 „ 5 $0 4 ��;� -$7,500 indicated Value of yF � r . 3.08 SF &y . 1.98 SF 4`f 4.91 SF Subject U. fi 'rr�°, T , c_. ?# r z, a. Comments on Market Data:Considering the current Real Estate closed sales data In this market area that Is not apart of the current outgoing land buying for development purposes,the most weight Is placed on$4.91sf The new impact fee,per development home lot in this market area is Approx$14,000 per lot. there is a$11,700 credit for the subject property that can be applied at any time.The market value in this appraisal has given that credit a nominal value due to the credits move up and down with the market. Final Reconciliation: All three approaches were considered in the valuation of this parcel.The sales approach method is given most weight.The value of the opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property. Mathematically: 3,920 SFx$4.91 Is$19,247 dollars SAY$19,250 Appraiser: !`( ✓✓� 10/16/2013 Roosevelt Leonard Land Appraisal Report,Appraisal Form 02 Rev.4/19/06 Packet Page -875-