Loading...
Agenda 01/12/2021 Item #16C5 (Sale of County Owned Properties)01/12/2021 EXECUTIVE SUMMARY Recommendation to sell certain County owned real properties pursuant to the provisions of Section 125.379, Florida Statutes. Such properties were approved as surplus by the Board of County Commissioners on September 22, 2020, under agenda item 16.C.7. OBJECTIVE: To dispose County owned real properties that have no use for County purposes. CONSIDERATIONS: The attached list of surplus properties were advertised as required by statute and bids were received from potential buyers. The bids were evaluated, and it’s recommended that the County enter into a purchase and sale agreement with the successful bidders. The bids recommended for acceptance are noted on the attached bid tabulation. With the exception of one bid, the bids recommended by staff to be accepted equal or exceed the appraised value of the property as determined by Real Property Management’s internal appraiser. The property recommended for acceptance that is less than the appraised value is a .07 acre, narrow strip of land that is not buildable and is suitable only to the adjacent property owners (bid submitted by one of them) to add additional acreage, albeit minimal. Disposition of this property will relieve the County of maintenance responsibility and cost, and liability. Also, in addition to the net sales proceeds, the property will generate ad valorem tax revenue to the County. All bids that are recommended for rejection are substantially less than the appraised value and are for properties that can be developed and as such, have a broader market. FISCAL IMPACT: The appropriate County departments will be reimbursed from the sale of surplus properties and any remaining funds will be deposited in the Affordable Housing Trust Fund, Fund (116), Cost Center 138711, Program 50137. The total value of the surplus properties that are recommended for acceptance is $18,235 as determined by Real Property Management’s internal appraiser. GROWTH MANAGEMENT IMPACT: Excess revenue resulting from the sale of surplus property will be used for the development of affordable housing which furthers the goals, objectives, and policies of the Growth Management Plan and specifically the Housing Element. Tax revenues shall be deposited to the general fund. LEGAL CONSIDERATIONS: The County is under no obligation to accept any bids. This item is approved as to form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To I) approve the sale of the properties that bids are recommended to be accepted, ii) authorize the Chairman to execute the County’s standard form Sale and Purchase Agreement, as approved by the County attorney, for any and all surplus properties approved to be sold, iii) deposit funds received from the sales in the appropriate accounts, and iv) direct the County Manager or his designee to follow all appropriate closing procedures, and record the Deed(s) in the Collier County Public Records. Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. Bid Tab and Recommendations r1 (PDF) 2. Location Maps (PDF) 3. Real Estate Sales Agreement - Template (PDF) 16.C.5 Packet Pg. 1412 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doc ID: 14453 Item Summary: Recommendation to sell certain County owned real properties pursuant to the provisions of Section 125.379, Florida Statutes. Such properties were approved as surplus by the Board of County Commissioners on September 22, 2020, under agenda item 16.C.7. Meeting Date: 01/12/2021 Prepared by: Title: – Facilities Management Name: Jay Malamphy 12/11/2020 12:08 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 12/11/2020 12:08 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 12/11/2020 12:25 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/15/2020 9:54 AM Facilities Management Damon Grant Director - Facilities Completed 12/21/2020 10:37 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 12/21/2020 5:04 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 12/21/2020 9:24 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/22/2020 2:30 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/22/2020 3:15 PM Budget and Management Office Ed Finn Additional Reviewer Completed 12/23/2020 10:47 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2020 2:17 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/28/2020 11:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM 16.C.5 Packet Pg. 1413 16.C.5.a Packet Pg. 1414 Attachment: Bid Tab and Recommendations r1 (14453 : Surplus Properties - Disposition) 4221 70th Avenue NE`16.C.5.b Packet Pg. 1415 Attachment: Location Maps (14453 : Surplus Properties - Disposition) 302 Rose Avenue 16.C.5.b Packet Pg. 1416 Attachment: Location Maps (14453 : Surplus Properties - Disposition) Rose Avenue (no site address) 腱 R―^` ア__鍾 16.C.5.b Packet Pg. 1417 Attachment: Location Maps (14453 : Surplus Properties - Disposition) Spruce Street l l ] 口'三 コ ■ ―■ 16.C.5.b Packet Pg. 1418 Attachment: Location Maps (14453 : Surplus Properties - Disposition) 15th Street SE 16.C.5.b Packet Pg. 1419 Attachment: Location Maps (14453 : Surplus Properties - Disposition) 408 Schoo:Drive ~ “ヨ 、 ,▲｀,電 16.C.5.b Packet Pg. 1420 Attachment: Location Maps (14453 : Surplus Properties - Disposition) 249 Brockington Drive "J 重言‐ 「=LD―す椰ヽごJ 肇 ■ ヽ潔 L‐ム111‐‐0■□ 16.C.5.b Packet Pg. 1421 Attachment: Location Maps (14453 : Surplus Properties - Disposition) 243 Brockington Drive :1‐〒 ●・ : __ 三 ● “ ‐甲| : 臨 … ' ― ‐ヽ 16.C.5.b Packet Pg. 1422 Attachment: Location Maps (14453 : Surplus Properties - Disposition) PROJECT: Surplus Properties FOLIO NO: REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this _____ day of ___________, 2021, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as SELLER, and 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: l. 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 2021. 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 $XX.XX, 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 . 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. 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 way limiting the preceding, BUYER acknowledges and agrees that he hereby waives, 16.C.5.c Packet Pg. 1423 Attachment: Real Estate Sales Agreement - Template (14453 : Surplus Properties - Disposition) releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 7. PRORATIONS, ADJUSTMENTS and CLOSING COSTS. A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. 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. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. 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. B. 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. C. BUYER shall pay for all costs associated with this transaction including, but not limited to transfer, documentary taxes, and recording costs for any curative instruments. BUYER agrees to pay the cost of publication of the legal notice soliciting bids on the Premises. SELLER shall pay the costs of recording the conveyance instrument. 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. EXPENSES. Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions, if any), including, without limitation, recording fees, conveyance fees, public notice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 16.C.5.c Packet Pg. 1424 Attachment: Real Estate Sales Agreement - Template (14453 : Surplus Properties - Disposition) 10. 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. 11. CLOSING. Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3329 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 30 days from the date SELLER executed this Agreement. 12. 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. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 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. 16.C.5.c Packet Pg. 1425 Attachment: Real Estate Sales Agreement - Template (14453 : Surplus Properties - Disposition) AS TO SELLER: Collier County Real Property Management Attention: Toni Mott 3335 East Tamiami Trail Naples, Florida 34112 WITH A COPY TO: Collier County Attorney’s Office Attention: Jennifer A. Belpedio, Assistant County Attorney W. Harmon Turner Building, 8th Floor 3335 East Tamiami Trail Naples, Florida 34112 AS TO BUYER: I. This Agreement shall be governed by the laws of the State of Florida. 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. 16.C.5.c Packet Pg. 1426 Attachment: Real Estate Sales Agreement - Template (14453 : Surplus Properties - Disposition) 13. OTHER PROVISIONS: A. SELLER has the right to maintain possession of the property until the date of closing 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 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA ___________________________________ By: _________________________ _________________________ Deputy Clerk , Chairman AS TO PURCHASER: DATED:____________________________ By: ________________ ____ ___________ Witness (Signature) Print Name:___________________________ ___________ Witness (Signature) Print Name:___________________________ Approved as to form and legality: ________ Jennifer A. Belpedio, Assistant County Attorney 16.C.5.c Packet Pg. 1427 Attachment: Real Estate Sales Agreement - Template (14453 : Surplus Properties - Disposition) EXHIBIT A 16.C.5.c Packet Pg. 1428 Attachment: Real Estate Sales Agreement - Template (14453 : Surplus Properties - Disposition)