Agenda 02/25/2014 Item #16A182/25/2014 16.A.18.
EXECUTIVE SUMMARY
Recommendation to convey 10 acres of surplus, land - locked, County- owned, vacant land
to the winning bidder for the sum of $11,011.
OBJECTIVE: To dispose of a vacant, landlocked, surplus property; and thereby eliminate the
liability of its continued ownership by Collier County.
CONSIDERATIONS: Pursuant to Section 125.35(3) of the Florida Statutes, and in accordance
with the Board's direction (September 24, 2013; BCC agenda item no. 16.A.8, Executive
Summary attached hereto as Exhibit "A ") advertisements were placed in the Naples Daily News
on Friday, October 18, 2013 and Friday, October 25, 2013, soliciting bids for the purchase of the
subject property. In addition to the advertisement, all abutters were specially notified by letter of
the County's interest in selling the property to the highest bidder and they were invited to submit
a bid. Those interested in submitting bids were to do so no later than 2:00 pm on November 18,
2013.
The highest and only bid received was in the amount of $11,011.00. Therefore, staff
recommends that the County convey the subject property to the one and only bidder for the
amount of $11,011.00 pursuant to the purchase agreement attached hereto as Exhibit `B ".
FISCAL IMPACT: Any and all revenue from the sale of the property will be deposited in the
gas tax account. Project No. 60171.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this recommendation.
LEGAL CONSIDERATONS: This item has been reviewed as to form and legality, and
requires a majority vote for Board approval. ERP
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Award the bid to the one and only bidder for the sum of $11,011.00.
2. Authorize the Board Chairman to execute the purchase agreement and direct the County
Manager to comply with the terms therein.
3. Authorize the Board Chairman to execute a Warranty Deed conveying the subject property in
accordance with the attached purchase agreement.
Prepared by:
Kevin Hendricks, TECM, Right -of -Way Acquisition Manager and
Michelle L. Sweet, TECM, Property Acquisition Specialist
Attachments: (1) Location Map; (2) September 24, 2013 agenda item 16.A.8 (Exhibit "A "); (3)
Purchase Agreement (Exhibit "B ").
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2/25/2014 16.A.18.
EXECUTIVE SUMMARY
Recommendation to offer 10 acres of surplus, land - locked, County- owned, vacant land for
sale in accordance with Florida Statutes Section 125.35 and accept bids therefor. (Fiscal
impact: two advertisements not to exceed $1,000.00 total. )
OBJECTIVE: To dispose of a vacant, landlocked, surplus property; and thereby eliminate the
liability of its continued ownership by Collier County.
CONSIDERATIONS: On October 27, 1982, the State of Florida, by and through the Florida
Department of Transportation, conveyed to Collier County all right, title and interest in the subject
property via Public Purpose Quitclaim Deed. The property is classified as a "borrow pit" and was
used by the Florida Department of Transportation as a source of fill material for Davis Boulevard /
State Road SR -84. The location of the "borrow pit" is attached hereto as Exhibit "A ".
The borrow pit is full of water. The County has never had a use for the property, and there is no
legal or physical access to the property from the public road network. The property was offered to
all County Divisions, and no County Division showed an interest in the property. For those reasons,
the property was declared surplus by the Board of County Commissioners in 2008 and offered for
sale in accordance with Florida Statutes. At that time, the County's asking price of $340,000.00
was based upon the County Review Appraiser's opinion that the highest and best use of the property
was, "... for assemblage with adjoining properties, for transfer of development density, and/or for
preserve- drainage usage as part of a larger residential development plan." The only bid received,
which was rejected, was from an abutting land owner in the amount of $5,000.00.
Because of the depressed real estate market, staff believed the best course of action was to wait for a
stronger market and sell the property at a later point in time. However, the property is primarily just
a liability to the County; and staff is now recommending its disposal. It is landlocked, and at this
time of year, is almost totally under water. The small portion of uplands are scattered with exotics
such as Malleluca, Brazilian Pepper, and Australian Pine, and with hurricane season upon us, the
neighbors in the community of Falling Waters are concerned that the tall trees will fall into their
building during a storm. Every year at this time (hurricane season) the residents begin calling
various county government offices in the hope that the County will cut down and haul away the
trees.
Because the property is unimproved and zoned "E" (Estates), the Land Development Code does not
require the removal of the trees. However, several years ago staff went ahead and solicited quotes
from tree trimming / tree removal companies. The cheapest quote was $150,000. However, being
landlocked, we would need the permission of an adjacent property owner for the contractor to gain
access to the property; and there would be additional costs associated with restoring the neighboring
property to its pre- existing condition after the tree removal. Therefore, staff is recommending
disposal of the property through the bidding process. Upon receipt and review of all bids, staff shall
bring its recommendations to Board and request direction.
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2/25/2014 16.A.18.
Pursuant to Section 125.35(3) of the Florida Statutes, when a county desires to sell a parcel of real
property an advertisement must be placed at least once a week for two weeks in a newspaper of
general circulation published in the County, soliciting bids for the purchase of the property. In
addition to meeting this legal requirement, all abutters will be specially notified by letter of the
County's interest in selling the property to the highest bidder and they will be invited to submit a
bid.
FISCAL IMPACT: The cost to run the proposed advertisement once a week for two consecutive
weeks in the Naples Daily News will be just under $1,000.00. Source of funds will be gas taxes.
Any and all revenue from the sale of the property will be deposited in the gas tax account. Project
No. 60171.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this recommendation.
LEGAL CONSIDERATONS: This item has been reviewed as to form and legality, and requires a
majority vote for Board approval.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
Approve the placement of an advertisement in the Naples Daily News, and the payment therefor,
soliciting bids for the purchase of the subject property.
2.
Prepared by:
Kevin Hendricks, TECM, Right -of -Way Acquisition Manager and
Michelle L. Sweet, TECM, Property Acquisition Specialist
Attachments: (1) Aerial photograph showing location of subject property; (2) Street -view
photograph showing the trees; and (3) Real Estate Sales Agreement.
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2/25/2014 16.A.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to convey 10 acres of surplus, land- locked, County -
owned, vacant land to the winning bidder for the sum of $11,011. (Fiscal impact: - $11,011
total.)
Meeting Date: 2/25/2014
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
1/31/2014 12:00:31 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 2/5/2014 10:06:13 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 2/5/2014 12:05:56 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 2/5/2014 1:21:40 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 2/5/2014 2:24:52 PM
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
Date: 2/11/2014 10:41:20 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/11/2014 3:05:34 PM
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2/25/2014 16.A.18.
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/12/2014 4:52:37 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/13/2014 10:25:33 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 2/18/2014 10:43:22 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/18/2014 11:37:52 AM
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2/25/2014 16.A.18.
PROJECT: 99999 Miscellaneous
PARCEL No(s): 122SALE (Borrow Pit)
FOLIO No(s): 0040364009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into this — 9 *h day of �i ��v4+� --.__, 20 1q, by and between
COLLIER COUNTY, a political subdivision of the *State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County "), and UNITY OF NAPLES,
INCORPORATED, whose mailing address is 2000 Unity Way, Naples, Florida 34112,
(hereinafter referred to as "Purchaser ").
WHEREAS, County advertised to receive bids to purchase real property
described as "the SW '/4 of the SW '/a of the NE % of Section 8, Township 50 S, Range
26 E, Collier County, Florida, Folio No. 00403640009" (hereinafter the "Property "); and
WHEREAS, Purchaser submitted the highest bid and County awarded bid to
Purchaser; and
WHEREAS, Purchaser requires a fee estate in the Property; and
WHEREAS, County desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate County for conveyance of the
Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. County shall convey the Property to Purchaser for the sum of:
$11,011.00
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subject to the apportionment and distribution of proceeds pursuant to
Paragraph 7 of this Agreement (said transaction hereinafter referred to as the
"Closing "). Said payment to County shall be full compensation for the Property
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon.
3. County shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
the applicable title standards adopted by the Florida Bar and in accordance
with law. Prior to the Closing, County shall cause to be delivered to Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form (hereinafter referred to as
"Closing Documents "):
(a) Warranty Deed; and
(b) Closing Statement;
4. Both County and Purchaser agree that time is of the essence. Therefore,
Closing shall occur within ninety (90) days from the date of execution of this
Agreement by the Purchaser; provided, however, that Purchaser shall have the
unilateral right to extend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all
such liens, encumbrances or qualifications affecting Purchaser's enjoyment of
the Property. At Closing, Purchaser shall make payment to County and County
shall deliver the Closing Documents to Purchaser in a form acceptable to
Purchaser. Purchaser shall be entitled to full possession of the Property at
Closing.
5. County and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to
them or they are requested to do so, whichever is the earlier.
6. County agrees, represents and warrants the following:
(a) County has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute, deliver
and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform
all tasks required of County hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of a deed to the said Property shall not be
deemed to be full performance and discharge of every agreement and
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obligation on the part of County to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, County 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, without first
obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by County
for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(f) County has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Property or which adversely affect County'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 County in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon County's
representations stated in this Agreement and on the understanding that
County will not cause the 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, County 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 adversely affect
the physical condition of the Property or its intended use by Purchaser.
(h) 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 County;
that the County has no knowledge of any spill or environmental law
violation on any property contiguous to or in the vicinity of the Property to
be sold to the Purchaser, that the County has not received notice and
otherwise has no knowledge of a) any spill on the Property, b) any
existing or threatened environmental lien against the Property or c) any
lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
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provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, transfer taxes, and any and all costs
and /or fees associated with securing and recording a Release or Subordination
of any mortgage, lien or other encumbrance recorded against the Property;
provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any
mortgagee, lien- holder or other encumbrance - holder for the protection of its
security interest, or as consideration due to any diminution in the value of its
property right, shall be the responsibility of the County, and shall be deducted
on the Closing Statement from the compensation payable to the County per
Paragraph 2,
8. 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 trustees, and /or
assignees, whenever the context so requires or admits.
9. Conveyance of the Property by County is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein. No modification, amendment or
cancellation of this Agreement shall be of any force or effect unless made in
writing and executed and dated by both County and Purchaser.
10. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO PURCHASER:
Name (Print or Type)
Approved as to form and legality:
Assistant County ttorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairman
UNITY OF NAPLES, INCORPORATED
BRIAN E. JONES, Vic? President
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