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Agenda 04/08/2025 Item #16B 7 (Accepting the highest bid w/no contingencies from RCAMS ADVISERS, LLC for county owned property)4/8/2025 Item # 16.B.7 ID# 2025-841 Executive Summary Recommendation to accept the highest bid of $1,370,000 cash with no contingencies from RCAMS ADVISERS, LLC, to Section 125.35, Florida Statutes, for property owned by Collier County located at 16140 and 16144 Performance Way, authorize the Chairman to sign the standard Real Estate Sale Agreement and authorize the County Manager or designee to take all actions necessary to close on the sale. OBJECTIVE: To select the highest bid for the acquisition of the property that is no longer of use to Emergency Medical Services (“EMS”) for an EMS station and negotiate a contract for presentation to the Board at a future meeting. CONSIDERATIONS: On January 14, 2025, Item 11.B, the Board of County Commissioners (the “Board”) was informed of the status of negotiations with Gargiulo Education Center, Inc., (“Gargiulo”) for the purchase at 16140 and 16144 Performance Way (“Property”), including Gargiulo’s efforts to secure grant funding for the acquisition and construction of a child education center. The Board accepted the update and directed staff to advertise the property. Between February 6, 2025, and February 12, 2025, a legal notice inviting sealed proposals was posted on the Clerk of Court’s publicly accessible website. Bids were opened at a Public Meeting on February 13, 2025. Two bids were received, as described below: 1. RCAMS ADVISERS LLC, for $1,370,000 cash, no contingencies. The formal bid is attached to this item. 2. Up In Smoke, LLC, for $1,310.100 cash, no contingencies. The formal bid is attached to the item. It should be noted that the bid received stated $1,310.100. Considering the clear intent, the bid was accepted as $1,310,100. Section 125.35, Florida Statutes, requires that the Board accept the highest bid from RCAMS ADVISERS, LLC. If the Board does not accept this bid, the Property will remain in Collier County’s (“County”) surplus holdings without immediate action. This item has a standard real estate sales agreement for surplus property attached. RCAMS ADVISERS, LLC has informed us that it will sign the agreement if awarded the property. Accordingly, if this item is approved, RCAMS ADVISERS, LLC will be presented with the contract for signature and the contract will be routed for Chairman signature. The County Manager or designee will take all actions necessary to close the sale. The funding sources used for the acquisition impose restrictions mandating that the proceeds from the sale reimburse those accounts. Background and other Board approvals: On September 11, 2007, Item 16.E.8, the Board approved the purchase of property located at 16140 and 16144 Performance Way to house an EMS Facility. The property was acquired at a purchase price of $674,896.86. The Property is no longer required for an EMS Station, as EMS intends to co-locate operations at a nearby fire station on U.S. Highway 41, which North Collier Fire District will construct. On February 29, 2024, Gargiulo Education Center, Inc., a not-for-profit corporation, submitted a Letter of Intent to purchase the property for the development of a new facility to house an after-school program and a community center to service at-risk latchkey and migrant students and poverty-level families in North Naples at no cost to the families. Gargiulo offered a price not to exceed $674,900 with a $10,000 deposit. On May 23, 2024, Up in Smoke, LLC submitted a Letter of Intent to purchase the property for the development of a storage facility at a purchase price of $1,450,000 or the appraised value of the property, whichever is higher. Up in Smoke, LLC is a private foundation. On July 9, 2024, Item 16 F.1. the Board considered the two letters of intent and authorized the County Manager or designee to take any and all action necessary to surplus the property in accordance with the competitive bidding process set forth in Section 125.35, Florida Statutes, allowing all persons and entities to compete for purchase of the property. Page 1695 of 5277 4/8/2025 Item # 16.B.7 ID# 2025-841 Between August 21, 2024, and September 6, 2024, a legal notice inviting sealed proposals was posted on the Clerk of Court’s publicly accessible website. As noticed, the bids were opened at a public meeting on September 9, 2024. Two bids were received, from Up in Smoke, LLC and from Gargiulo Education Center, Inc. The Board initially chose Gargiulo Education Center, Inc.; however, as discussed above, the Board has since directed that the property be re- advertised. On March 24, 2025, a letter addressed to the Board of County Commissioners was received from Mr. John Gray. This letter is attached as backup for the item. This item is consistent with Collier County’s strategic plan objective to safeguard taxpayer money by promoting fiscal stewardship and sound budget oversight. FISCAL IMPACT: At this time, there is no fiscal impact. The minimum bid was set at $1,304,650.36, which is comprised of a land cost of $689,990.50, including interest in the amount of $312,867.28 and other costs in the amount of $301,792.58. The net commercial loan proceeds were used to fund the purchase of the land and the associated costs, which include title insurance, environmental assessments plus engineering fees for site development. This debt was later consolidated into a general government special obligation bond in the amount of $522,188. Annual debt service payments are expected to be completed in fiscal year 2034. As of FY 2024, the proportional loan outstanding is $340,269. Proceeds from the sale of the land will be deposited within the General Fund (0001) as funding from the General Fund (0001) and the County-wide Capital Fund (3001) has assisted the Emergency Management Services Impact Fee fund (3030) with the annual debt service payments for this property. GROWTH MANAGEMENT IMPACT: There is no growth management impact at this time. LEGAL CONSIDERATIONS: Section 125.35, Florida Statutes, requires that the Board accept the highest bid from RCAMS Advisers, LLC. If Board does not accept this bid, the Property will remain in the County’s surplus holdings without immediate action. With that said, this item is approved as to form and legality and requires a majority vote for approval. -SAA RECOMMENDATIONS: To accept the highest bid of $1,370,000 cash with no contingencies from RCAMS ADVISERS, LLC, to Section 125.35, Florida Statutes, for property owned by Collier County located at 16140 and 16144 Performance Way, authorize the Chairman to sign the standard Real Estate Sale Agreement and authorize the County Manager or designee to take all actions necessary to close on the sale. PREPARED BY: Sonja Stephenson, Property Management Specialist ATTACHMENTS: 1. Bids Performance Way 2. Real Estate Sales Agreement - RCAMS 3. Letter from Mr. Gray to Commissioners, dated March 25, 2025 Page 1696 of 5277 oy cO Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida k 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 oet,o. Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, LEGAL NOTICE-PROPERTY FOR SALE INVITATION FOR SEALED PROPOSALS (16140 and 16144 Performance Way)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 02/06/2025 until 02/13/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. r 44a-kild2(1ANbf A, ant i nature)Ig jUv n Affiant Printed Name) Sworn to and subscribed before me this 02/13/2025 Crystal K. .-nzel_Clerk of the Circuit Court& Comptri. De' •Ier g:ture) Iif 1 • I eputy Clerk P ted Name) Ho)e Page 1697 of 5277 LEGAL NOTICE PROPERTY FOR SALE INVITATION FOR SEALED PROPOSALS Notice is hereby given that the Board of County Commissioners of Collier County, Florida County"), is soliciting SEALED PROPOSALS from any party interested in submitting an Offer to Purchase two vacant parcels located at 16140 and 16144 Performance Way (Folios # 64288000402 and 64288000389, respectively) collectively known as the "Property.' The properties are offered together, and for a proposal to be considered, it must include both parcels. OVERVIEW: Legal Description: Lot. 11 and 12, North Naples Research and Technology Park, according to the plat thereof recorded in Plat Book 41. page(s) 48-50, of the public records of Collier County, Florida. Zoning: North Naples Research and Technology Park PUD. Ordinance No. 03-26 Lot Size: Approx. 0.99 acres for two lots The minimum bid amount is $1,304,650.36, which is comprised of: Land Cost: $689,990.50 Interest: $312,867.28 Other Costs: $301,792.58 Total: $1,304,650.36 DEADLINES: No Proposals will be accepted after 3:00 pm on February 12, 2025. Proposals will be opened at 1:00 pm on February 13, 2025, in an open public forum at the below address. Please forward Sealed Proposals prior to the deadline noted below to: Attn: Iveta Willer Real Property Management 2685 Horseshoe Drive S., Suite 103 Naples FL 34104 Specify "SEALED PROPOSAL PERFORMANCE WAY"on envelope) BASIS OF AWARD: The award will be made to the bidder offering the highest acceptable CASH bid, with no contingencies. Page 1698 of 5277 TERMS AND CONDITIONS The County will convey title in accordance with Section 125.411, Florida Statutes (Quit Claim Deed). It shall convey only the County's interest in the Property and shall not be deemed to warrant the title or to represent any other state of facts concerning the same. The Property will be sold "as is" with no warranty given or implied as to the size, condition, or allowable use of the property. The awarded proposer shall be responsible for the costs associated with the publication of this Notice and closing costs typical for buyers in Collier County. County will not provide financing payment options to any respondent. All information contained herein is for informational purposes only. Buyers will be responsible for any due diligence they deem necessary prior to making a bid. The sale of this Property by the County will not serve to imply or warrant the approval of any zoning. land use, environmental, or other regulatory approval that may be required to develop the Property. The awarded proposer will be required to enter into Collier County's standard Purchase and Sale Agreement with Collier County within 30 days from acceptance of their proposal. The contract will be subject to approval by the Collier County Board of County Commissioners. No contract is valid until executed by the Chair of the Board of County Commissioners, and the Board may accept or reject any proposal in its sole discretion. Closing will be required to take place within 120 days from Board approval. Any changes to the standard Purchase and Sale Agreement shall constitute a material variance from the terms and conditions of the offer to sell and will not be recommended for approval by the Board of County Commissioners. The Board of County Commissioners reserves the right to reject all proposals and/or negotiate with the qualified proposers on other provisions of the sale. Page 1699 of 5277 Page 1700 of 5277 Page 1701 of 5277 Page 1702 of 5277 Page 1703 of 5277 Page 1704 of 5277 Page 1705 of 5277 Page 1706 of 5277 Page 1707 of 5277 Page 1708 of 5277 2885 Horseshoe Drive South, Naples, FL 34104 • Phone: (239) 252-8192 www.colliercountyfl.gov Bid Opening Minutes Date: 02/13/2025 Time: 1:00 p.m. – 1:33 p.m. Purpose: Opening and review of bids received for the disposition of surplus property 16140 and 16144 Performance Way Location: Horseshoe Large Conference Room, 2685 Horseshoe Drive South, Suite 103, Naples Florida, 34104 Attendance: Jennifer A. Belpedio, Manager Sonja Stephenson, Property Management Specialist Iveta Willer, Operation Support Specialist II Michel Saadeh – Member of the Public The bid opening session convened at 1:00 p.m. Starting at 1:12 p.m. bids received by the submission deadline (all) were publicly opened and read aloud by Jennifer Belpedio. Below is a summary of the bids received: Bidder Name Bid Amount Additional Notes: John J. Gray – Up in Smoke $1,310.100* Bid timely hand-delivered Michel Saadeh – RCAMS Advisers LLC $1,370,000 Bid timely hand-delivered During the bid opening process an unmarked envelope was received and opened with the bids to determine its contents, as it was unclear whether it contained a bid. Upon review, it was confirmed that the envelope did not contain a bid and was therefore not considered. The successful bidder will be notified and required to complete the documentation per the terms outlined in the solicitation. The bid opening session concluded at 1:33 p.m. *Given the clear intent, we were willing to accept this bid as $1,310,100. However, this bidder was still outbid by the higher offer. Minutes prepared by: Iveta Willer, Operation Support Specialist II Page 1709 of 5277 Page 1710 of 5277 Page 1711 of 5277 Page 1712 of 5277 Page 1713 of 5277 Page 1714 of 5277 Page 1715 of 5277 Page 1716 of 5277 Page 1717 of 5277