Agenda 09/24/2013 Item #16A 8 9/24/2013 16.A.8.
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 separate advertisements not to exceed $1,000 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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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. Provided that bids are received, the matter will be
brought back to the Board for a decision on whether to sell at such price. -JAK
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.
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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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item 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 separate advertisements not to exceed $1,000 total.)
Meeting Date: 9/24/2013
Prepared By
Name: HendricksKevin
Title:Manager-Right of Way,Transportation Engineering
8/14/2013 5:18:20 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 8/29/2013 10:56:24 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 9/3/2013 6:48:13 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 9/4/2013 7:49:06 AM
Name: ShueGene
Date: 9/6/2013 9:00:42 AM
Name: KearnsAllison
Date: 9/9/2013 4:45:09 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/11/2013 8:23:54 AM
Name: PepinEmily
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9/24/2013 16.A.8.
Title: Assistant County Attorney, CAO Litigation
Date: 9/11/2013 12:06:25 PM
Name: FinnEd
Title: Senior Budget Analyst,OMB
Date: 9/11/2013 2:54:15 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/12/2013 2:40:07 PM
Name: OchsLeo
Title: County Manager
Date: 9/12/2013 4:35:01 PM
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9
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PROJECT: Surplus Borrow Pit Property
FOLIO NO: 00403640009
REAL ESTATE SALES AGREEMENT
THIS AGREEMENT made and entered into this day of
2008, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA,
whose mailing address is 3301 East Tamiami Trail, Naples, FL 34112 hereinafter
referred to as SELLER, and , whose
mailing address is hereinafter referred to as
BUYER.
WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the
property hereinafter described, at the price and on the terms and conditions hereinafter
set forth.
NOW, THEREFORE, in consideration of the recitals, the mutual covenants
hereinafter set forth and other good and valuable considerations, the receipt and
sufficiency of which are hereby mutually acknowledged, it is agreed by and between the
parties as follows:
I. PREMISES. The real property, which is the subject of this Agreement, (hereinafter
referred to as"Premises") is located in Collier County, Florida, and described on Exhibit
"A"attached hereto and made a part hereof.
2. SALE and CONVEYANCE. SELLER agrees to sell and convey all of SELLER'S
right, title and interest in and to the Premises to BUYER, and BUYER agrees to
purchase the Premises from SELLER, at the price and upon the terms and conditions
hereinafter set forth.
3. EXECUTION OF AGREEMENT. Execution of this Agreement by BUYER must
occur on or before , being 30 days from the last date of publication
of the legal notice requesting bids for the purchase of the Premises. Should the 30th
day fall on a Saturday, Sunday or holiday, the final date of execution of this Agreement
by Buyer is hereby extended to the first business day following Sunday or such holiday,
with the Agreement being delivered to SELLER before 3:00 pm on such date.
4. TITLE. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed.
5. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the Premises is
$ ),
payable by BUYER to SELLER. Concurrent, with the execution and delivery to
SELLER of this Agreement, BUYER shall pay to SELLER, as earnest money hereunder
("Earnest Money") the sum of
($ ) DOLLARS representing ten percent, 10%, of the purchase price. The
balance, after credit of the Earnest Money and any prorations and adjustments, shall be
paid by BUYER to SELLER at closing of this transaction. All of BUYER"S payments to
SELLER shall be made via cashier's check drawn from a local branch bank located in
Collier County, Florida.
6. DISCLAIMER OF WARRANTIES. BUYER understands and acknowledges that
BUYER is purchasing the Premises in an "AS IS" condition and specifically and
expressly without any warranties, representations or guarantees, either express or
implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The
BUYER acknowledges and agrees that BUYER, in entering into this Agreement and
purchasing the Premises, is not relying on any representations made by SELLER
regarding the condition, future development potential, or use of the Premises. BUYER
further acknowledges that BUYER has made and/or has been given an adequate
opportunity to make such legal, factual and other inquiries and investigations as BUYER
deems necessary, desirable or appropriate with respect to the Premises. Without in any
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way limiting the preceding, BUYER acknowledges and agrees that Buyer hereby
waives, releases and discharges any claim that Buyer has, might have had, or may
have against the SELLER with respect to the condition of the Premises.
7. PRORATIONS. ADJUSTMENTS and CLOSING COSTS. The following items shall
be prorated and adjusted between SELLER and BUYER as of midnight of the day
preceding closing:
A. All installments or special assessments payable after the closing,
whether for work commenced as of the closing or otherwise, shall be
paid exclusively by BUYER.
B. All other items required by any other provision of this Agreement to be
prorated or adjusted.
C. At the closing, the amount of proration and adjustments as aforesaid
shall be determined or estimated to the extent practicable and the
monetary adjustment shall be made between SELLER and BUYER.
All such prorations and adjustment shall be final.
D. BUYER hereby agrees to indemnify and hold harmless SELLER from
and against each obligation of SELLER for which, and to the extent
that, credit has been given to BUYER at the time of closing.
8. DEFAULTS AND TERMINATION. If BUYER defaults hereunder, then provided
SELLER is not in default, SELLER's sole remedy shall be to terminate this Agreement
by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be
retained by SELLER as liquidated damages which shall be SELLER'S sole and
exclusive remedy, and neither party shall have any further liability or obligation to the
other. The parties acknowledge and agree that SELLER'S actual damages in the event
of BUYER'S default are uncertain in amount and difficult to ascertain and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties and said sum was not intended to be a penalty in nature.
If SELLER defaults hereunder and such default has not been cured within thirty (30)
days after Written Notice of such default to SELLER, and provided BUYER is not in
default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be
returned to BUYER within thirty (30) days of receipt of Written Notice of default and
neither party shall have any further liability or obligation to the other. Notwithstanding
anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S
sole and exclusive remedy and shall preclude BUYER from the exercise of any other
remedy.
9. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by
the action of BUYER shall be the sole responsibility of the BUYER. BUYER 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 BUYER as a real estate broker, salesman or representative, in connection
with this Agreement, including costs and reasonable attorneys' fees incident thereto.
This provision shall survive closing of this transaction.
10. CLOSING. Closing shall take place during normal business hours at the County
Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida,
34112 or such other location as SELLER may select, within 90 days from SELLER's
approval and execution of this Agreement.
11. GENERAL PROVISIONS.
A. This Agreement, including all exhibits attached hereto and documents to be
delivered pursuant 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.
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B. This Agreement may be amended only by a written memorandum
subsequently executed by all of the parties hereto.
ormt
C. No waiver of any provision or condition of this Agreement by any party shall
be valid unless in writing signed by such party. No such waiver shall be taken as a
waiver of any other or similar provision or of any future event, act or default.
D. Time is of the essence of this Agreement. In the computation of any period
of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday
or legal holiday shall be deemed to refer to the next day which is not a Saturday,
Sunday or legal holiday.
E. In the event that any provision of this Agreement shall be unenforceable in
whole or in part, such provision shall be limited to the extent necessary to render the
same valid, or shall be excised from this Agreement, as circumstances require, and this
Agreement shall be construed as if said provision had been incorporated herein as so
limited, or as if said provision had not been included herein, as the case may be.
F. Headings of paragraphs are for convenience of reference only, and shall not
be construed as a part of this Agreement.
G. This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto, and their respective heirs, executors, personal representatives,
successors and assigns, provided, however, that this Agreement may not be assigned
by BUYER without the prior express written consent of SELLER, which consent may be
withheld for any reason whatsoever.
H. Any and all notices permitted, or required to be given hereunder, shall be in
writing and shall be either personally delivered to the party or shall be sent by United
States mail, postage prepaid, registered or certified mail to the following addresses.
Any such notice shall be deemed given and effective upon receipt or refusal of delivery
thereof by the primary party to whom it is to be sent. oak
If to SELLER: Transportation Engineering & Construction Management
Attn: Kevin Hendricks, Right-of-Way Acquisition Section
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-774-5874
Fax 239-213-5885
With a copy to: Emily R. Pepin
Assistant County Attorney
3299 Tamiami Trail E, Suite 800
Naples, Florida 34112
Telephone 239-252-8400
Fax 239-252-6300
As to BUYER:
I. This Agreement shall be governed in all respects by the laws of the State of
Florida.
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J. This Agreement may be executed in any number of counterparts, any or all
of which may contain the signatures of less than all of the parties, and all of which shall
be construed together as but a single instrument.
K. Possession of the Premises shall be delivered to the BUYER at closing.
L. The word "Closing" or words of similar import as used in this Agreement
shall be construed to mean the originally fixed time and closing date specified herein or
any adjourned time and date provided for herein or agreed to in writing by the parties, or
any earlier date permitted herein.
M. This Agreement is between SELLER and BUYER and no other party shall,
under any circumstances, be deemed to be a beneficiary of any of the terms and
conditions to be performed by SELLER pursuant to this Agreement.
N. All of the parties to this Agreement have participated fully in the negotiation
and preparation hereof; and, accordingly, this Agreement shall not be more strictly
construed against any one of the parties hereto.
O. Neither this Agreement nor any memorandum or evidence hereof shall be
recorded in any public records by BUYER. If so recorded by BUYER, this Agreement
shall be deemed ipso facto canceled and terminated, the Earnest Money shall
thereupon be retained by or paid to SELLER as liquidated damages for such default,
and BUYER shall have no further interest in the Premises, pursuant to this Agreement
or otherwise.
P. Any prior agreements, representations, understandings or oral statements,
including, but not limited to rendering or representations contained in sales brochures,
maps, sketches, advertising or sales materials, and oral statements of sales
representatives, if not expressed in this Agreement, are void, have no effect, and have
not been relied upon by BUYER.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year first above written.
AS TO SELLER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,
BY:
Deputy Clerk Georgia A. Hiller, Esq., Chairwoman
AS TO PURCHASER:
DATED:
BY:
Witness (Signature) TITLE:
Name:
(Print or Type)
Witness(Signature)
Name:
(Print or Type)
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9/24/2013 16.A.8.
BY:
Witness(Signature) TITLE:
Name:
(Print or Type)
Witness(Signature)
Name:
(Print or Type)
Approved as to form and
legality:
Emily R. Pepin
Assistant County Attorney
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EXHIBIT A
UNDER WATER ! !- That's right. This 10 acre, landlocked parcel of land
is almost entirely under water. It can be viewed on the Collier County
Property Appraiser's website at www.collierappraiser.com. Search for the
parcel by Folio No. (00403640009) using GIS Maps.
The Board of County Commissioners is now accepting sealed bids for the sale
and purchase of this very unique property. The property will be sold "AS IS"
to the highest bidder, who will be required to enter into a Real Estate Sales
Agreement, and who will receive a "Statutory Deed" from Collier County in
exchange for payment of the bid amount at a real estate closing. Copies of
these documents may be obtained for review by calling Michelle Sweet at
252-6027.
The buyer will be responsible to pay all closing costs, including, but not
limited to: the premium for lender and owner's title insurance policies;
charges for title search, title examination, and the title continuation through
the date of deed recording; a survey (if desired), documentary stamps on the
deed and recording fees. In the event of a tie between or among two or more
of the highest bidders, the award shall be made to the bidder having first
submitted its bid.
PLEASE HAND DELIVER OR FORWARD VIA US MAIL SEALED BIDS TO:
(In BOLD letterstype or write by hand "SEALED BID" on the envelope)
Attn: Michelle L. Sweet
Transportation Engineering— Right-of-Way Acquisitions
Growth Management Division —Construction and Maintenance
2885 South Horseshoe Drive
Naples, FL 34104
BIDS WILL NOT BE ACCEPTED AFTER 2:00 P.M. ON , 2013.
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