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Agenda 03/10/2015 Item #16D11 3/10/2015 16.D.11 . EXECUTIVE SUMMARY Recommendation to approve the sale of 402 3rd Street, Immokalee and authorize staff to deposit the funds received from the sale into the State Housing Initiative Partnership Program Trust Fund. OBJECTIVE: To obtain approval by the Collier County Board of County Commissioners (Board)to sell 402 3rd Street, Immokalee, Florida (the "Property") for the sales price of $40,000, to authorize the signature of the Purchase and Sale Agreement and other conveyance documents, and to direct the deposit of the net closing proceeds into the SHIP Program Trust Fund. BACKGROUND: On December 10, 2013, Item 16D8, the Board approved satisfaction of two outstanding mortgages on the Property by accepting title to the Property via the recording of Special Warranty Deeds in Lieu of Foreclosure, with title to the Property vesting in the name of Collier County subject to SHIP Program guidelines. The Property was accepted subject to unpaid property taxes. In accordance with Section 125.38 Florida Statutes, legal notice was posted on July 14 and 21, 2014 in the Naples Daily News to solicit sealed bid proposals for the purchase of the Property. Based on a fee appraisal a minimum bid of$40,000 was established. The Legal Notice also set forth that: 1)the Property would be sold "as is" with no warranty given or implied as to the condition of the Property; 2) the contract would be subject to approval by the Collier County Board of County Commissioners; 3) Closing would take place within 60 days from Board approval; 4) the buyer would be responsible for paying all closing costs; and 5) the potential buyer(s) annual gross income must be at or below 80% of the 2014 HUD Income Limits adjusted by household size as evidenced by their most recent filed tax return. No bids were received within the published time frame. A"for sale"sign was also placed at the Property. In December 2014, Rubio Perez-Hernandez and Norma Bravo Morales, husband and wife, contacted the County's Community & Human Services with an offer for the minimum bid amount of $40,000 and understanding of the aforementioned requirements. FISCAL IMPACT: Pursuant to the Purchase and Sale Agreement, the County will receive net Closing proceeds, together with reimbursement of the July 2014 publication costs, and all unpaid property taxes will be brought current. Proceeds of the sale are considered program income and will be deposited in the SHIP Fund: 791; Project: 33331. Such funds may be reused for eligible activities under the SHIP program. In addition,the Property will be returned to the tax rolls. There will be no costs to the County. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The notice requirements of§125.35, Fla. Stat. (2014), have been met by legal notice. The Purchase and Sale Agreement and the Statutory Deed are legally sufficient and require a majority vote for Board action. -JAB RECOMMENDATION: That the Board: 1. Approve and authorize the Chairman to execute the Purchase and Sale Agreement, Statutory Deed and any and all other documents necessary to close once approved by the County Attorney's Office; 2. Authorize staff to deposit funds received from the sale into SHIP Trust Fund; Packet Page -1211- 3/10/2015 16.D.11 . 3. Authorize the Board to direct the County Manager or his designee to proceed to follow all appropriate closing procedures and to record the Statutory Deed in the Public Records of Collier County,Florida. Prepared by: Sue Jim Zimmerman, Sr. Property Acquisition Specialist,Facilities Management Department. Attachments: 1)Purchase and Sale Agreement; 2) Statutory Deed; and 3)copy of Legal Notice. Packet Page-1212- 3/10/2015 16.D.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to approve the sale of 402 3rd Street, Immokalee and authorize staff to deposit the funds received from the sale into the State Housing Initiative Partnership Program Trust Fund. Meeting Date: 3/10/2015 Prepared By Name: ZimmermanSue Title: Property Acquisition Specialist, Senior,Facilities Management 2/25/2015 10:47:09 AM Submitted by Title: Property Acquisition Specialist, Senior,Facilities Management Name: ZimmermanSue 2/25/2015 10:47:10 AM Approved By Name: TownsendAmanda Title: Director-Operations Support,Public Services Department Date: 2/25/2015 12:10:02 PM Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Community &Human Services Date:2/25/2015 12:32:36 PM Name: MottToni Title: Manager-Property Acquisition&Const M,Facilities Management Date: 2/25/2015 1:06:02 PM Name: LinguidiDennis Title: Manager-Facilities,Facilities Management Date: 2/25/2015 2:05:47 PM Packet Page -1213- 3/10/2015 16.D.11 . Name: GrantKimberley Title: Director-Community and Human Services, Community &Human Services Date: 2/25/2015 9:58:46 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 2/27/2015 8:28:24 AM Name: CarnellSteve Title: Administrator-Public Services,Public Services Department Date: 2/27/2015 9:06:51 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/27/2015 9:18:50 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 2/27/2015 4:09:41 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/2/2015 4:09:43 PM Packet Page -1214- 3/10/2015 16.D.11 . MACKEY/SHIP Parcel Folio Number:74031520006 PURCHASE AND SALE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail E.,Suite 101,Naples,FL 34112(hereinafter referred to as "Seller"), and RUBIO PEREZ-HERNANDEZ and NORMA BRAVO MORALES, husband and wife, whose mailing address is 317 Rose Ave, Immokalee, Florida 34142, (hereinafter referred to as "Purchaser"); WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter collectively referred to as"Property"),located in Collier County,State of Florida,and being more particularly described below and made a part hereof by reference,to-wit: Lot 23,Block 2,SOUTH IMMOKALEE HEIGHTS,a subdivision according to the map or plat thereof,as recorded in Plat Book 3,Page 29,of the Public Records of Collier County,Florida;more commonly known as 402 3rd Si.,Immokalee.FL Subject to easements,restrictions,and reservations of record. WHEREAS,Seller desires to convey the Property"as is"to Purchaser for the stated purposes and Purchaser desires to acquire the Property "as is", on the terms and conditions set forth herein;and WHEREAS,Purchaser has agreed to compensate Seller for conveyance of the Property; NOW THEREFORE, in consideration of these premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Seller shall convey the Property to Purchaser via Statutory Deed for the sum of FORTY THOUSAND and no/100 Dollars ($40,000), payable by cashier's check, certified check or wire transfer (said transaction hereinafter referred to as the"Closing") in "AS IS" condition with no warranty given or implied as to the condition of the property. Said payment shall be full compensation f or the Property conveyed. This is a cash transaction with no contingencies for financing. 2. Purchaser shall deliver a deposit of ONE THOUSAND and no/100 Dollars ($1,000) together with this Agreement signed by Purchaser. The deposit will be held in escrow by [ESCROW] ("Escrow Agent") subject to clearance. Escrow Agent's address is STEWART TITLE COMPANY,4910 Tarniami Trail N.,Suite 120, Naples, FL 34103, Phone: (239)262-2163. In the event that this Contract is terminated,the deposit shall be refunded to the Purchaser. 3. The effective date of the Agreement shall be the date the Chairman of the Collier County Board of County Commissioners signs the Agreement("Effective Date"). 4. Seller shall provide Purchaser with a copy of their existing Owner's Title Insurance Policies as title evidence. Purchaser,at their expense,will be responsible for obtaining their own title insurance commitment and Owner's Policy of Title Insurance. 5. The Closing of the transaction shall be held on or before forty-five (45) days from the Effective Date. At Closing, Purchaser shall deliver the cashier's check, certified check or wire transfer to Seller and Seller shall deliver the fully executed Statutory Deed to the Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 6. Seller shall convey a marketable fee simple title tree of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. 7. Each party shall be responsible for the payment of its own attorney's fees, if any. Purchaser,at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Statutory Deed, in accordance with Chapter 201.01, Florida Statutes,the cost of the title commitment and the title policy, Seller's legal notice publication costs,and the cost of recording the Statutory Deed. The cost of recording any instruments necessary to clear Seller's title to the Property will be paid by Seller. 8. Current Non-Ad Valorem property taxes shall be prorated between Seller and Purchaser on a 365-day calendar or fiscal year, as appropriate, and shall be based on the current year's tax. If Closing occurs at o date which the current year's tax is not fixed,taxes will be prorated based upon such prior year's tax. In determining prorations, the closing date shall be allocated to Purchaser. Purchaser shall be responsible for any and all outstanding Ad-Valorem and Non-Ad Valorem property taxes. 9. Purchaser acknowledges that their annual gross income is at or below 80% of the 2014 HUD Income Limits adjusted by household size as evidence by their most recent filed tax return. 10. Conveyance of the Property by Seller is contingent upon no other provisions,conditions,or premises other than those so stated herein;and the written Agreement shall constitute the Packet Page-1215- `+ 3/10/2015 16.D.11. Purchase Agreement -� entire Agreement and understanding of the parties,and there are no other prior or written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement and the provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon both parties hereto and their respective heirs, executors, personal representatives, successors. successor trustees,and/or assignees,whenever the context so requires or admits. 12. Any amendment to this Agreement shall not bind any of the parties hereto unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the dates set forth herein below. Date Property conveyance approved by BCC: AS TO SELLER: DATED: ATTEST: COLLIER COUNTY,a political subdivision DWIGHT E.BROCK,Clerk of the State of Florida BY: ,Deputy Clerk TIM NANCE,Chairman AS TO PURCHASER: DATE : 021010/Z1r <(Si t��f dub,vQH Witness i nature) t RUBIO PEREZ-HERNANDEZ Name: r_1„SG1�r�L-��1� pp I (Print or Type) ,q/[7}^_J�ha � 1;7/lard 4f �,`,. ect,....--. NORMA BRAVO MORALES Witness(Signature) Name: (-15" r tJ.Gear (Print or Type) Approved as to form and legality: Jennifer A.Belpedio CP Gb``. Assistant County Attorney 1:74' \� v Packet Page -1216- ``- j 3/10/2015 16.D.11 . SHIP(Mackey) Property Address:402 3r°Street,Immokolee,Fl. Folio Number: 74031520006 • STATUTORY DEED THIS STATUTORY DEED, made this day of , 2015, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is c/o 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, hereinafter called the Grantor, to RUBIO PEREZ- HERNANDEZ and NORMA BRAVO MORALES, husband and wife, whose mailing address is 317 Rose Avenue, Naples, FL 34142, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: Lot 23, Block 2, SOUTH IMMOKALEE HEIGHTS, a subdivision according to the map or plat thereof, as recorded in Plat Book 3, Page 29, of the Public Records of Collier County, Florida; more commonly known as 402 3rd St., Immokalee, FL Subject to easements, restrictions, and reservations of record. THIS IS NOT GRANTOR'S HOMESTEAD. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. This Conveyance Approved by BCC: March 10, 2015, Item 16D . ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, a political subdivision of the State of Florida By: , Deputy Clerk TIM NANCE, Chairman (OFFICIAL SEAL) Approved as to form and legality: Jennifer A. Belpedio, •y Assistant County Attorney c �7 Packet Page -1217- 3/10/2015 16.D.11 . Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + CC HOUSING,HUMAN &VETERAN SERV ACCOUNTING 3339 TAMIAMI E #211 NAPLES FL 34112-5361 REQUEST FOR BID REQUEST FOR BID REFERENCE: 055465 LEGAL NOTICE 59751039 LEGAL NOTICEPROPER7 PROPERTY FOR SALE INVITATION FOR SEALED BIDS NOTICE IS'HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF State of Florida COLLIER COUNTY, FLORIDA,,IS SOLICITING BIOS FROM ANY QUALIFIED PARTY INTERESTED IN PURCHASING THE SINGLE-FAMILY RESIDENTIAL PROPERTY County of Collier LOCATED AT 402 3RDST.,IMMOKALEE,FL LEGALLY DESCRIBED AS: Before the undersigned authority,r pers La0r T p l2,tBhOCoK as SlmH eId MM OPKlaAt t uHk EGHPTge a 2 9s,u o ihie o n u tiodg r o othe C amlp' appeared Daniel McDermott,on oath says tr County,Florida,. serves as Inside Sales Manager of the Na ANYONE INTERESTED IN REVIEWING INFORMATIDN ABQn TR PROPERTY MAY CJ � FICK OF A PACKAGEOF MATERIALS FROM^THE IMMOKALEE LIBRARY,at 417 N. 1st.' News, a daily ublished at STREET;IMMOKAtEE,FLORIDA 34142 OR THE HOUSING, HUMAN AND VETERAN y p SERVICES.DEPARTMENT, at 3339 E.TAMIAMI TRAIL SUITE 211 NAPLES, FLORIDA Florida: the 34112,rorb callmgUsa-Carrat(239J.252-2339..OFflCIAt BID FORMS WILL ALS0 BE- Naples, in Collier County, RVAiLABLEyATTHATADDAES50RBYCALLINGLISRCARR, attached copy of advertising was publish= TM minimum sale: ice will be 940,00000,required at El a contact,The property will be sold as is"with no warranty given or implied as to the:conditian newspaper on dates listed. of the property.The awarded bidder will be required to enter into-a contract with Collier Courrty:-within60 days cram Lhe last pubieation of this nouae, The'colttrac Affiant further says that the said Nap will be subleatto"approval bythe CQNier County Beard of County Commissioners. Closing w11 take place within 60 days from Board approval.: The awarded bidder News is a newspaper published at Naples r will be responsible for paying all closing costs,INCLUDING any and ell property Collier County, Florida, and that the so' taxes(current orunpad). FotenAal buyer(s)anruat grass mmme must tre ai ar below"BD%of the 2014 HUD newspaper has heretofore been cont inuousl Income omits ad)tutsd by household size as evidenced by their most recent filed published in said Collier County, Florid. taereturn'. Anyone wishing to viev the property Should contact LISA CARR at(239)252-233% day and has been entered as second class PLEASE FORWARD STALED BID, *TOGETHER WITH A COPY or BIDDERS MOST matter at the post office in Naples, in " RECENT FILEO TAX RTURN,BY MAIL OR HAND DELIVERED TO:(Indicate: "SEALED Collier County, Florida, for a period of BIDS"on envelope) Y P Sue Zimmerman next recedin the first publication of t Real Property Management p g p Facilities Management Building"W" attached copy of advertisement; and affia 3335 East Tamiaml Trail,Ste.101 PY Naples,Florida 34112 further says that he has neither paid nor BIDS Wilt NOT BE AfCEPTED AFTER THE NOON HOUR ON AUGUST 20 2014. THE promised any person, firm or corporation ANoa R NEGOTIATE WITH IHEDQUALI QUALIFIED BUDDER ON OTHER PROVISIONS LOF A discount, rebate, commission or refund fo CONTRACT, purpose of securing this advertisement fo publication in the said newspaper. °""" r PUBLISHED ON: 07/14 07/21 AD SPACE: 102 LINE FILED ON: 07/21/14 , + Signature of Affiant � ( \ r l I 1 Sworn to and Subscribed b 'fore me this .>: �< ay of ,, 2 0 / 1 J 1 ` , �; Cp,RpL PO�IOORA Personally known by me ', + r'' t A. . .. f (f O t ate: M\COMMISSION EE 851768 Ai L, EXP` v.`s' ber28,201A or '-- 6ondadTh ruPirhardlnsut tic eAgency Packet Page -1218-