Agenda 07/10/2018 Item #16F907/10/2018
EXECUTIVE SUMMARY
Recommendation to accept a Warranty Deed from Ave Maria Development, LLLP, and authorize
credits for impact fees.
OBJECTIVE: A Warranty Deed is required to transfer four acres of land from Ave Maria Development,
LLLP, to the County.
CONSIDERATIONS: Resolution No. 05-235, Development Order No. 0501, and now included in
Resolution No. 14-220, cited that Ave Maria Development, LLLP (Developer), would transfer four acres
of vacant land to Collier County for the development of a future government building on one-acre and a
multi-purpose Public Safety Center (PSC) on three acres to serve the Town of Ave Maria and the
surrounding area with EMS, Sheriff, and Fire services. The PSC will be designated as Fire Station #32.
Per the Conditions stated in Section Three of Resolution 14-220, Ave Maria Development LLLP, as
developer, will receive Government Building impact fee credits for the one -acre site dedication to the
County in the amount of $337,590 upon recording of the deed. The value was determined by the in-house
State-certified Real Property Management Senior Review Appraiser. A copy of the appraisal is attached
for reference.
FISCAL IMPACT: The total cost of recording the Warranty Deed is $27.70 and Funds are available in
Fund 408.
GROWTH MANAGEMENT IMPACT: There is no known impact to the current Growth Management
Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action -JAK
RECOMMENDATION: To accept the Warranty Deed from Ave Maria Development, LLLP, for the
conveyance of four acres to the County, upon final review and approval by the County Attorney’s Office,
and to direct the County Manager or his designee to follow all appropriate closing procedures, and to
record the Warranty Deed and any and all necessary documents to obtain clear title to the property, in the
Public Records of Collier County, Florida,
Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Warranty Deed (PDF)
2. Appraisal - final (PDF)
16.F.9
Packet Pg. 2475
07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.9
Doc ID: 6161
Item Summary: Recommendation to accept a Warranty Deed from Ave Maria Development,
LLLP, and authorize credits for impact fees.
Meeting Date: 07/10/2018
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
07/03/2018 12:16 PM
Submitted by:
Title: Deputy Department Head – Solid and Hazardous Waste
Name: Dan Rodriguez
07/03/2018 12:16 PM
Approved By:
Review:
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 07/03/2018 2:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 07/03/2018 3:51 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/03/2018 2:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/03/2018 3:53 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/03/2018 4:23 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
16.F.9
Packet Pg. 2476
WARMNTY DEED
THIS WARRANTY DEED is made this _ day of _, 2018,
by Ave Maria Development, LLLP, a Florioa timitea tiauitity timitea partnersnrp, oy its
undersigned Manager, whose address is 2600 Golden Gate parkway, Naples, FL 34105
(hereinafter referred to as "Grantor"), to coLLlER couNw, a political subdivision of the
state of Florida, its successors and assigns, whose post office address is 333s ramiami
Trail East, Naples, Florida, 34112 (hereinafter referred to as ,,Grantee,,).
(wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of ren Dollars
($10.00) and other valuable consideration, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
Grantee, all that certain land situate in Collier County, Florida, to wit:
PRO」ECT:EMS/SO―Ave Mana
FOL!0: 22671201708 and 22671201601(pOrtiOn)
See Attached Exhibit 'A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons whomsoever; and that said
land is free of all encumbrances except as noted above.
lN wlrNESS wHEREoF, the said Grantor has signed and sealed these presents the day
and year first above written.
(Signatures on following pages)
16.F.9.a
Packet Pg. 2477 Attachment: Warranty Deed (6161 : Ave Maria Development LLP land conveyance)
Witness (Signature)
Print:
Ave Maria Development. LLLp, a Florida
limited liability limited partnership
By: Barron Collier Corporation, a Florida
corporation
Its: Managing Partner
Printed Name: Brian Goguen
Title: Vice President
Wttness(Signature)
Pr nt:By:
The foregoing instrument was acknowledged before me this _ day of _, 201B
by Brian coguen, as Vice President of Barron Collier Corporation, a Florida iorporation, on behalfof the partnership, who is [ ] personally known to me or who has [ ] produced
STATE OFCOUNTY OF
as identification.
WITNESS my hand and official seat this _ day ol _,2018.
(affix notarial seal)
(Signature of Notary Pubtic)
(PHnt Name of Notary Pub“c)NOTARY PUBL C
Serial/Commission #(if any):
My Commission Expires:
16.F.9.a
Packet Pg. 2478 Attachment: Warranty Deed (6161 : Ave Maria Development LLP land conveyance)
Witness (Signature)
Print:
Ave Maria Development. LLLP, a Florida
limited liability limited partnership
By: Nua Baile, LLC, a Florida limited
liability company
Its: General Partner
Pttnted Namel Paul L Roney
Tit e: President
Vvitness (Signature)
Print:By
The foregoing instrument was acknowledged before me this _ day of _, 20t8
by Paul L. Roney, as President of Nua Baile, LLC, a Florida limited liability company, on b;haf of
the company, who is [ ] personally known to me or who has [ ] produced
STATE OFCOuNTY OF
as identification.
WTNESS my hand and official sealthis _ day of _, 2018.
(affix notarial seal)
(Signature of Notary Public)
(Pttnt Name of Notary Pub“c)NOTARY PUBL C
Serial/Commission #(if any):
My Commission Expires:
16.F.9.a
Packet Pg. 2479 Attachment: Warranty Deed (6161 : Ave Maria Development LLP land conveyance)
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16.F.9.a
Packet Pg. 2480 Attachment: Warranty Deed (6161 : Ave Maria Development LLP land conveyance)
Ave Maria Development
lmmokalee Fire, EMS, Sheriff, & Gov't Facilities
4-acre site
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16.F.9.b
Packet Pg. 2481 Attachment: Appraisal - final (6161 : Ave Maria Development LLP land conveyance)
Attachment "A"
=PROPosED PARCEL
CONTAINS 4 0 ACRts+/_
16.F.9.b
Packet Pg. 2482 Attachment: Appraisal - final (6161 : Ave Maria Development LLP land conveyance)
Attached is a snapshot of the commercial Real Estate market in 2015 and 2016.
The analysis of the commercial market in 2016 appears to be 57.00sf to 8.00sf
lndustriol Property Asking Rent - Leose Trends
Alldng R.rlt h(lJrll.l lor Lo.!3 fl.dc!, Fl. (l/SF/Y..r)
-h -Lt! -Csnt
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r tlt la2a +2.4* +8.aI
r 5o 3ll.tll -5.1* {,.{r
r Co* lll.'B -s.1* {.44
- e 3!1.55 {.6* {O.Or
The overoge osking rentol rote
per sq ftlyeor for lndustriol
properties in Noples, FL os of
Jun 16 wos S11.55. This
represents o decreose of -4.6%
compored to the prior 3
months, with on increose of
+0.096 yeor-over-yeor. County-
wlde, overoge rentol rotes in
Noples ore -5.'l% iower ot
S1l-43 per sq ftlyeor for
lndustriol groperties currently
for leose.
3838 Ttti蔀 h:Non l象 血 鯉 Naph i FL 34003
239.261.3400 1 Fax 239.261,7579
lndustrial Market Trends - July, 2014
Ihee!"rdla€im indfifialrEnd has@flrEesopenlbatE last 18 mo0ts. Prl6and
renB rates coffinue l0 lncrease and land dyrflnues t0 go up ln yalue. lnventoly Glmhs scarce.
But buyers are slil ca,0os fi srlE]t. mfle they noticefE scarcty 0(he rna,lct tEy re sull
bxhg trE h llnd tle rldrt Foperty hrtEf lEe. The re.sng madat Evdl tgtil. smahr 1500 to
4{)00 SF spac€s ae had to mm by and Bshiru tE t10.m FSF 916 Flce Filt Fu ttE flrsl
tim h a cou* 0fyea6, we tEye seen n€fl cotEfinctlon as welll One nfl buldi{ h under
consutEro0 m Tayhf Road ald t]o nil bulHQs 0n shrcy $ ard a nev, hrlffig h vmrc
LalE re smo b be under coGfruc0on.
261・ 3400
HOMI IIAM PRrll〔S IPc usINGS TR州 ゝCnms RICINI N[WS COllMUⅢIY ⅢFO ARIA MAPS Cll∥lACl
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The Real ldustnal Va(anci llate rn Naples
[fral leaen0Trerxl Fr( Qdaipr 2015 iead by
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16.F.9.b
Packet Pg. 2483 Attachment: Appraisal - final (6161 : Ave Maria Development LLP land conveyance)
Ave Maria Commerce Park analvsis:
Without knowing the previous appraisal assignment conditions, the size, & the intended use, it is
reasonable to say that on the surface the S7.75sf for 2015 is within an acceptable range for commercial
pro perty.
It is also reasonable to say that "the Ave Maria Commerce Park" is an exclusive real estate market. The
commercial businesses mainly benefit the local community. The commercial lots in the Ave Maria
Commerce Park lack the overall "coat tail effect".
Current Listings (Ave Maria)
The current commercial listing in the Ave Maria Commerce Park is 1.58ac for S8.00sf.
Comparable Sale and market area
The Arrowhead Reserve market area in lmmokalee is similar to the Ave Maria Town market area, both
real estate markets have residential and commercial site for its end users. The commercial land sale
within Arrowhead Reserve is S8.34sf
Overall market conclusion
lf the Ave Maria Commerce Park site would be listed for sale, the 4 acres would list for approximately
S8.00sf and will probably close shy of S8.00sf. The 2015 price S7.75sf was near the top of the market
range at that time in the market place. The Ave Maria commercial real estate market doesn't appreciate
on the same scale as the rest of Naples, therefore the S7.75sf is reasonable in 2018. One acre of land at
this site is S7.75sf x 43,560sf results in 5337,590 per acre.
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16.F.9.b
Packet Pg. 2484 Attachment: Appraisal - final (6161 : Ave Maria Development LLP land conveyance)
Statement of Limiting Gonditions and
Appraise/s Certifi cation
DEFINiITION OF MARKET VALUE: The rllost probable price rvhich a property should bring in a compelitive ard opeo
milket under all conditions requisite to a fair sale, the bLryer and seller, each acting prudently, knowledgeably and assuming dre
price is not affected by mdue stirnulus. Irnplicit in this definitjon is the consummation ofa sale as ofa specified date and the
passing oflitie liom seller to buyer under conditions wlrereby: (l) buyer and seller are typically nrotivated; (2) both parties are
well infomed or well advised, and each acting in rvhat he considers his orvn best inter€st, (3) a reasonable tirne is allowed lor
exposure in lhe open market, (4) payurent is made in tenns ofcash in U. S. dollars or in temrs offinancial ffiangements
colnparable tllereto; and (5) the price represents the nonnal consideration for the properly sold unaffected by special or creative
financing or sales concessions* granted by anyone associated with the sale.
*Adjustments to the conrparables must be made ior special or creative financing or sales concessions. No adjustlnents are
necessary for those costs which are nomrally paid by sellers as a result oflradilion or larv in a market area; these costs are readily
identifiable since the seller pays these costs in virtually all sales transactions. Special or creative finmcing adjustments can be
made to the comparable property by comparisons to financing tems offered by a third Party institutional lender that is not
already involved in the property or transaction. Any adjlrstment should not be caiculated on a nrechanical dollar for dollar cost of
the financing or concession but the dollar amount ofany adjustnent. should approximate the market's reaction to the financing or
concessions based on the appraiser's judgrnent.
STATEMDNT OF LIMTTING CONDITIONS AND APPRAISER'S CBRTIFICATION
CONTINGENT AND LIMITINC CONDI'I'IONS: The appraiser's certification that appears in the appraisal report is subject
to the following conditions:
1 . The appraiser will not be responsibl e for matters of a leSal nature tlrat affect ei ther the property being appraised or the title
to it. The appraiser assuiles that the title is good and marketable and, Iherefore, will not render any opinions about the title. The
property is appraised on the basis of it being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal repofi to show approxinrate dimensions ofthe improvements and the
sketch is included only to assisl the reader of tlre reporl in visualizing the property and understanding the appraiser's
detennination of its size.
3. The appraiser has exmrined lhe available f)ood maps lhat are provided by the Federal Emergency Mmagement Agency (or
other data sources) and has noted in the appraisal report whether the subject site is bcated in an identified Special Flood Huard
Area. Because tlte appraiser is not a surueyor, he or slte nrakes no guarantees, express or irnplied, regarding this detemination.
4. The appraiser will not give testimony or appear in court because he or she tnade an appraisal ofthe property in question,
unless spmific anangements to do so have been made beforehand.
5. The appraiser has estimated the value ofthe land in tlE cost approaclr at its highest and best use and tlre improvenrents at
their contribulory value. These separate valuations ofthe land and irnprovernents must not be used in conjunction with any other
appraisal and are invalid ilthey are so used.
6. The appraiser has noted in the appraisal reporl any adverse conditions (such as, needed repairs, depreciation, the presence of
hzardots wastes, toxic substances, etc.) observed during the itrspection ofthe subject property or that he or she becane aware ol
dtring the nomal research involved in perfonning llre appmisal. Unless otheryise stated in tlre appraisal report, the appraiser
has no knowledge ofany hidden or unappaent conditions olthe property or adverse envirormental conditions (including the
presence ofhazardous wastes, loxic substances, etc.) that would make the propefy rnore or less valuable, and has assumed that
there are tro such conditipns and rnakes no guarantees or wmmties. express or irnplied, regarding the condition ofthe property.
The appraiser will not be rmponsible for any such conditions that do exist or for any engineering or tesling tlrat nright be required
to discover whether srrch conditions exist. Because the appraiser is not an exped in the field ofenvironmental hazards, the
appraisal reporl nrusl not be considered as an envilonnental assessment of the property.
7. The appraiser obtained the infonnatior, estimates, and opinions that were expressed in the appraisal report from sources
tltat he or sbe considers to be reliable and believes theln to be tnre and conect. The appraiser does not assune responsibility for
the accuracy ofsuch items that were flrmished by other parties.
8. The appraiser will not disclose the contents ofthe appraisal repon except as provided for in the Unifonn Slandards oi
Professional Appraisal Praclice.
9. The appraiser has based his or her appraisal rcpofi and valuation conclusion lor an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumplion that completion of the improyements will be perfomed in a workmanlike
tnilner
10. ft.appraiserrnustprovidelrisorherpriorwrittenconsentbeforelhelendcr/client,specifiedintheappraisalreporlcan
distribute the appmisal report (including conclusions about the property value, the appraiser's identity and professional
designations, and references to any professional appraisal organizations or lhe fimr with which the appraiser is associated) to
anyone other than the bofiower; lhe rnortgagee or its successors and assigns; the nortgage insurer: consultants; professional
appraisal organizations: any state or federally approved financial institution: or any dcpartment, agency, or instrumentality of the
United States or my state or the District ofColunrbia, except lhat lhe lender,/client may distribtrte the property description
section of the report only to data collection or reporting service(s) rvithout, hayirg to obtain the appraiser's prior written consent.
The appraiser's ryritten consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public
tkough advertising, public relations, nervs, sales, or othet media.
16.F.9.b
Packet Pg. 2485 Attachment: Appraisal - final (6161 : Ave Maria Development LLP land conveyance)
Fne No
oEFINITION oF MARKET VALUE: The most ptobable pnce which a property should bring in a competrtrve and open market under ailcondilions requisite lo a farr sale lhe buyer and seller, each acting prudenily, knowiedgeably and assuming the pnce is not affecte,J by unduestimulus lmplicit in lhis definition is lhe coosummalion of a sale as of a specilied date and the pa$ing o, riile from seller to buyer underconditions whereby; ( I ) buyer and seller are typi€lly motivated: (2) both parties are well-infomed or reil advsed. and each acting in whal heconsiders hrs own best interest: (3) a reasonable time,s alleed lor expos(e in the open rorket; (4) payrent is mde in lems of csh in usdollars o. in lerms of hoancial.arrangemenls comparable lherelo: and (5) the pnce represents the nomat considefalion for the property $ldunaftecled by special or creatfib financjng o. saies @ncessions'granted by anyone associaled wth lhe sle.
SCOPE OF REVIEW: The s@pe of this re,ew rs fimiled lo lhe inromtion being provided by the origioal appraiser; fo.m an opinion as to theapparent adequacy and relevan@ of the data and lhe propnely of any adiuslments lo the data: fom an opinion as lo lhe app.opriateness of lheappra'sal relhods and lechnlques used and develop the reasons lor any disagreement: Fom an opinion as lo wirether the analyses. op,nions.and conc'uslons in lhe report under review are apptopriale and reasonable. and develop lhe reasons for any disgrement.
CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS
CERTIFICATION: The Reviewer certifies and agrees lhat. to the best of his/her knowtedge and betief:
l The tacts and data reponed by the Reviewer and used in rhe review plocess are rrue and corecr.
2 The analyses, opinions. and conclusions in lhis review report are limted only by the as$mptions and timating conditions stated in this revewreport. and are my pe6onal, unbiased professional anilyses, opinions, and conclusioos.
3 unless stated elsewhere, I have no presenl or prospeclive interest in lhe property that is the subject of lhis report and I have no personalinterest or bias with respecl to the parlies inlolved.
4' My compensalion is not cootlngent on an acllon or evenl rewlttng from lhe analyses, opinions, or @nclusions in, or the use of, this reviewreport.
5 My analyses, opinions. aod conclusions were developed and thrs reuew report was prepared rn conro.mrty wath the Uniform Standards ofProlessional Appraisal practice
6 unless stated elsewhere in this rePorl, I djd not personally inspecl lhe subjecl property, eilher nlenor or exterior. of the reporl under review.
7. No one provided signarient professional assistaoce to the person signing this review report.
CoNTINGENT AND LIMITING coNDlTloNS: rhe cenmeilon of lhe Reviewer appeanng in the reuew report is subiect ro the rolowing
conditions and to such other specific and limiling conditions as are sel torth by the Revieer in ihe reviry repon.
1' The Revierer assumes no respoosibiiity lor matters of a legal nature afrecfing the property which is the subject ot this reviil o( the tiileIherelo. nor des the Revierer render any opinion as lo the litle, which is assmed to be Oood and marketable.
2 The Reviewer is nol required to give testimoy or appear io court beGu* of having made lhe review, unless a,rangemenls have beenpreviously made lherefor
3. The Reviffer assuntes that there are no hidden or unapparent condilions of the property. subsoil. o, slruclures_ whtch rculd reoder it mo.eor less valuable. The Reviewer assumes no responsibility for such cooditioos, o, ror engineering which might be required lo dis@wr suchfaclors 4. lnformatioo. eslimales, and oPinioos fumished to lhe Reviewer, and @olained in the review report. were oblained from sourcesconsidered reliable and believed lo be true and @rrecl. However, no responsibility for accuracy of such ilems furnished the Reviewer €n beassumed by lhe Revierer.
4 Disclosure o, the contents ol lhe reporl is governed by Ihe unifo.m Slaodards of Professonal Appraisal practice and the Bylam andRegulations of the professional appraisal organizalims with which the appciser is afriliated.
5 Neilher all, nor any pad of the coolenl of the revitu report. or copy thereof (including the condusions of the review. rhe idenlity of theReviewer' professional designalions, reference lo any professional appraisl organizations, or the nrm with whrci lhe ReviMr is connecled),shall be used lor any purposes by anyone but the client specified in the review report. il successors and assigns, professioml appraisalorganizations. any slate or federally app.oved tinanciai institution. any department, agency. or inslrumenratity ot the united sl,ates or aoy state orthe Districl of Columbia, wilhout lhe previous writien @osent and approval of the Reviewer.
6' No change o' any item in lhe review repod shall be made by anyone other than the Revierer and the Reviewer shail have m responsibiliry,or any such uoauthorized change.
Reviewer's Signalure:Supervisory Reviewer's Signature (Only lf Required):
Reu*er Reuewer
Slate CerlifGtion ,
Or Sta(e Licmser:Stale Certifcation f:
Or Slate License f,:srare El
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16.F.9.b
Packet Pg. 2486 Attachment: Appraisal - final (6161 : Ave Maria Development LLP land conveyance)