Agenda 05/24/2011 Item #16B35/24/2011 Item 16.6.3.
EXECUTIVE SUMMARY
Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve
a Right of First Refusal Agreement with Bayshore CAPA Center, Inc. in consideration of a
potential future purchase of CRA owned land; execute a Right of Entry for that land; and
approve the Chairman to sign. Fiscal Impact: None.
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OBJECTIVE: For the Collier County Community Redevelopment Agency (CRA) to approve a Right
of First Refusal Agreement with Bayshore CAPA Center, Inc. in consideration of a potential future
purchase of CRA owned land; execute a Right of Entry for that land; and approve the Chairman to
sign.
BACKGROUND: Section 163.358, Florida Statutes, "Exercise powers in carrying out community
redevelopment and related activities," gives the CRA power to acquire property, and Section 163.380
"Disposal of property in community redevelopment area" delineates the procedures that the CRA must
follow in the sale, lease or transfer of real property to any private person or organization.
The Community Redevelopment Agency identified several parcels of property important to the
proactive redevelopment of the Bayshore Gateway Triangle sector of the Collier County CRA. These
parcels are identified in the CRA Master Redevelopment Plan as potential sites for a catalyst
redevelopment projects. In August 2006 the CRA purchased 17 acres more or less of vacant land in the
Bayshore area of the CRA, and purchased an abutting 0.63 acres of land in 2008 (Exhibit A).
The assembled parcels are zoned mobile home (MH), C -4 and C -2, making it difficult to redevelop the
site in any constructive manner. Therefore the CRA has submitted a Mixed Use Planned Unit
Development (MPUD) rezoning application that is currently under review by the Collier County
Growth Management Division.
CONSIDERATIONS: The Bayshore CAPA Center, Inc., a 5016 organization, has an interest in the
future acquisition, lease or use of these assembled parcels for their use. Their vision is to fund, build,
operate and manage a cultural and performance arts center. The purpose of the Right of First Refusal
Agreement is to enable Bayshore CAPA Center to proactively engage consultants to conduct
feasibility studies, exercise due diligence findings concerning the land, and engage the general public
in a capital fundraising campaign. The Right of Entry agreement allows Bayshore CAPA Center's
consultants, engineers and representatives to access to the parcels. Proper and required insurance
certificates from Bayshore CAPA Center and its agents will be required to protect the BCC and CRA.
When the CRA advertises the land for disposition in accordance with Chapter 163, Florida Statutes and
a viable offer is received, or if an interested developer expresses an interest in purchasing the land for
development, Bayshore CAPA Center will have the Right of First Refusal.
FISCAL IMPACT: None. Sale of CRA owned real property will generate revenue that may be
applied to the CRA's existing debt. Completion of a taxable catalyst project on vacant land will
increase taxable property values and increase the CRA's annual TIF.
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.
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5/24/2011 Item 16.6.3.
LEGAL CONSIDERATIONS: The county attorney's office has prepared the subject documents for
Board approval. The future sale or lease of this property as authorized in Chapter 163, Florida Statutes
will be strictly followed. This item has been reviewed by the County Attorney and is legally sufficient
for Board action. This item requires a majority vote. - STW
RECOMMENDATION: Recommendation for the CRA to approve a Right of First Refusal
Agreement with Bayshore CAPA Center, Inc. in consideration of a potential future purchase of CRA
owned land; execute a Right of Entry for that land; and approve the Chairman to sign.
Prepared by:
David L. Jackson on April 29, 2011
Executive Director, Bayshore /Gateway Triangle Community Redevelopment Agency
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5/24/2011 Item 16.8.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.3.
Item Summary: Recommendation for the Collier County Community Redevelopment
Agency (CRA) to approve a Right of First Refusal Agreement with Bayshore CAPA Center, Inc. in
consideration of a potential future purchase of CRA owned land; execute a Right of Entry for
that land; and approve the Chairman to sign. Fiscal Impact: None.
Meeting Date: 5/24/2011
Prepared By
Name: JacksonDavid
Title: Executive Director, CRA,
5/3/20112:33:08 PM
Submitted by
Title: Executive Director, CRA,
Name: JacksonDavid
5/3/20112:3 3: 10 PM
Approved By
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 5/6/2011 3:33:59 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/12/2011 1:55:11 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/20116:00:41 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/2011 6:02:57 PM
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5/24/2011 Item 16.13.3.
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5/24/2011 Item 16.6.3.
May 5, 2011
Dear Board of Collier County Commissioners:
The Mission of Bayshore Cultural and Performing Arts Center, Inc. (CAPA)
is to create a Cultural and Performing Arts Center that showcases local
visual and performing artists, thereby providing affordable and accessible
cultural enrichment (educational, cultural and performing opportunities) for
the community. CAPA has been working on this mission since 2008, and
informally as Bayshore Arts since 2005.
We have worked with the CRA to bring the arts to the Bayshore area in
order to assist with its redevelopment effort, as evidenced in CAPA's active
participation in the Needs Assessments and driving force of the Cultural
District designation. In order for Bayshore CAPA to proceed with this effort,
a site for the CAPA Center must be obtained. The CRA- owned 17 acre site
on Bayshore, is available, and CAPA and the CRA Advisory Board have
mutually agreed that if the site can accommodate the Center, it would be the
perfect catalyst project for Bayshore. We, therefore, are asking for this Right
of First Refusal Right of Entry to the 17 acres for the site feasibility study to
begin. (It is being funded by Fifth Third Bank).
For the past year, CAPA has worked on branding its purpose and future
"home" by presenting the very successful Festival of the Arts with the CRA
and County Parks and Recreation at Sugden Park, which we will present
again January 28th and 29th, 2012. CAPA has also presented Jazz in the
Garden at Naples Botanical Garden and the Fifth Third Bank Erich Kunzel
Community Concert Series at Edison State College, which will continue in
2012. All fourteen of these events promote the local visual and performing
artists, and are either free or affordable for the community.
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5/24/2011 Item 16.13.3.
Our plan is to:
1) Determine if the site will work for the Bayshore CAPA Center and
identify its Tenants;
2) Promote the future location and begin capital fundraising;
3) Operate the Center as a 501 -c3 non - profit.
We hope you will consider our Request for Right of First Refusal and
Access. CAPA is here to serve the community of Collier County, and we
look forward to a future of partnerships throughout the community that will
be an economic driver for the CRA and the rest of Collier County.
Thank you for your time and consideration.
Respectfully,
r 6 } }l l rE
Chick Heithaus, President
Chellie Doepke, Vice President
Bayshore Cultural and Performing Arts Center, Inc.
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5/24/2011 Item 16.13.3.
EXHIBIT A
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5/24/2011 Item 16.6.3.
RIGHT OF FIRST REFUSAL AGREEMENT
THIS RIGHT OF FIRST REFUSAL AGREEMENT (hereafter "Agreement), dated
and effective as of the day of ' 2011, is made by
and between the Collier County Community Redevelopment Agency (the "Owner'� and
Bayshore CAPA Center, Inc.
RECITALS:
The Collier County Community Redevelopment Agency owns certain property as
more particularly described in Exhibit A attached hereto and incorporated by this
reference, located in Collier County, Florida (hereafter "the Property").
The Owner desires to give, grant, bargain, sell, and convey to Bayshore CAPA
Center, Inc. certain rights to purchase the Property under the terms and subject to the
conditions set forth herein.
Accordingly, for the good and valuable consideration of One Hundred Dollars and
No /100 ($100), the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Right of First Refusal. During the term of this Agreement, before Owner may
sell the Property to a third party in conformity with Fla. Stat. §163.380(3)(a), Owner
shall first offer the Property to Bayshore CAPA Center, Inc. under the same terms and
conditions as are offered by the third party. Bayshore CAPA Center, Inc. shall have
sixty (60) days during which to accept said offer. If Bayshore CAPA Center, Inc. does
not accept said offer within said period, Owner shall be free to accept the third party
offer. In the event of either Bayshore CAPA Center, Inc.'s acceptance or rejection of a
third party offer, Fla. Stat. §163.380(3)(a) shall be followed. It is expressly understood
that it is possible that Bayshore CAPA Center, Inc. may exercise this right of first refusal
and may not be the ultimate purchaser of the Property as a result of full Fla. Stat.
§163.380(3)(x) compliance.
2. Assignment. No party may assign this Agreement without the consent of the
other party.
3. Term of Agreement. This Agreement shall remain open and valid for a period
of one year (365) days from the date of the last signature being placed upon the
Agreement.
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5/24/2011 Item 16.13.3.
4. Severabillity of Provisions. Each provision of this Agreement shall be
considered severable, and if for any reason any provision that is not essential to the
effectuation of the basic purposes of the Agreement is determined to be invalid and
contrary to any existing or future law, such invalidity shall not Impair the operation of or
affect those provisions of this Agreement that are valid.
5. No Continuing Waiver. None of the parties hereto shall be deemed to have
waived any rights hereunder unless such waiver shall be In writing and signed by such
party. The waiver of any party of any breach of this Agreement shall not operate or be
construed to be a waiver of any subsequent breach.
6. Governing Law. This Agreement shall be construed. and enforced in
accordance with the laws of the State of Florida and the venue for any actions based
upon the Agreement shall be Collier County Circuit or County Court, as appropriate.
7. Renewal Option. With sixty (60) days written notice, Bayshore CAPA Center,
Inc. may request a one-year extension subject to CRA Board approval.
IN WITNESS WHEREOF, the parties have executed this Right of First Refusal
Agreement as of the day and year first above written.
ATTEST: COLLIER COUNTY COMMUNITY
DWIGHT E. BROCK, CLERK REDEVELOPMENT AGENCY
, Deputy Clerk
Signature
L
Printed/Typed Name
5ignature
Printed/Typed Name
0
JIM COLETTA, Chairman
IN iii 111� 111 111� 1119iiii!!'I I *
By:
St t'/
e
na ur
Printed/Typed Name
PrintedfTyped Title
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Approved as to form
and legal sufficiency:
Steven T. Williams gh'r�rr
Assistant County Attorney
Attachment: Exhibit A — Legal Description
CP:11- CRA- 00048\6
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5/24/2011 Item 16.6.3.
5/24/2011 Item 16.B.3.
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY,
a political subdivision of the State of Florida, who post office address is 3299 Tamiami Trail East, Naples, Florida 34112,
its successors, assigns, or agents hereinafter known as "Grantee" for and in consideration of Ten Dollars ($10.00) and
other valuable consideration to them in hand paid, do hereby grant unto Bayshore CAPA Center, Inc., whose post office
address is 4069 Bayshore Drive, Naples, Florida 34112. hereinafter known as "Grantee" and its agents, architects,
engineers and contractors, the temporary license and right to enter upon the lands of the Grantor, as described in Exhibit
"A", which is attached hereto and made a part hereof, for non - destructive inspection and assessment of the property.
ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect until terminated in writing by the
Grantor. their successors and assigns on the lands of the Grantor described in Exhibit "A." This Right of Entry shall
terminate 365 days after the last signature is placed on this document.
ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof
by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A ", and
agrees to provide Grantor with advance notice when exercising its rights hereunder.
IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in their name this
_ day of 2011.
ATTEST: COLLIER COUNTY COMMUNITY
DWIGHT E. BROCK REDEVELOPMENT AGENCY
,Deputy Clerk
WITNESSES.
BY-
Jim Coletta, Chairman
GRANTEE:
BAYSHORE CAPA CENTER, INC. a
Florida not- for - profit corporation
Printed Name BY
(2)
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Printed Name
Approved as to form and
Legal sufficiency
Steven T. Williams
Assistant County Attomey �4 t1-
r
Print 6d Name
_ JI1 YS'rt7flj�
Title
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5/24/2011 Item 16.13.3.
EXHIBIT "A"
LEGAL DESCRIPTION,
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL
THE WEST 4.5 ' FEET OF LOT 109, NAPLES GROVE AND TRUCK COIS LITTLE FARMS No. 2. ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, LESS THE EAST 200 FEET AND THE
WEST 25 FEET THEREOF, PUBLIC RECORDS OF CA')LIAER COUNTY, FLORIDA.
PARCEL 2
THE EAST 200 FEET OF THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK COS LITTLE
FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC
RECORDS OF COLLER COUNTY, FLORIDA. TOGETHER WITH AN INGRESS AND EGRESS EASEMENT
ACROSS THE NORTH 30 FEET OF THE EAST 200 FEET OF THE WEST 225 FEET OF LOT 109, NAPLES
GROVE AND TRUCK COS LITTLE FARMS No.2
PARCEL
ALL OF UOT)08, LESS AND EXCEPTING THE NORTH 273.44 FEET OF THE WEST 425 FEET AND THE
KELLY ROAD RIGHT-OF-WAY, NAPLES GROVE AND TRUCK COS LITTLE FARMS No. 2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1. PAGE 27A, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
TOGETHER WITH:
ALLOF LOT 109. LESS AND EXCEPTING THE WEST425 FEET AND THE KELLY ROAD RIGHT-OF-WAY,
NAPLES GROVE AND TRVCK COS LITTLE FARMS No. 2, ACCORDING TO T14E PI AT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 27A. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
AND
PARCEL A. LAKESIDE MOBILE ESTATES, IN ACCORDANCE WITH AND SUBJEC7 TO THE PLAT
RECORDED IN PLAT BOOK 9. PAGE 99. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
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