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Agenda 02/25/2014 Item #16A182/25/2014 16.A.18. EXECUTIVE SUMMARY Recommendation to convey 10 acres of surplus, land - locked, County- owned, vacant land to the winning bidder for the sum of $11,011. OBJECTIVE: To dispose of a vacant, landlocked, surplus property; and thereby eliminate the liability of its continued ownership by Collier County. CONSIDERATIONS: Pursuant to Section 125.35(3) of the Florida Statutes, and in accordance with the Board's direction (September 24, 2013; BCC agenda item no. 16.A.8, Executive Summary attached hereto as Exhibit "A ") advertisements were placed in the Naples Daily News on Friday, October 18, 2013 and Friday, October 25, 2013, soliciting bids for the purchase of the subject property. In addition to the advertisement, all abutters were specially notified by letter of the County's interest in selling the property to the highest bidder and they were invited to submit a bid. Those interested in submitting bids were to do so no later than 2:00 pm on November 18, 2013. The highest and only bid received was in the amount of $11,011.00. Therefore, staff recommends that the County convey the subject property to the one and only bidder for the amount of $11,011.00 pursuant to the purchase agreement attached hereto as Exhibit `B ". FISCAL IMPACT: Any and all revenue from the sale of the property will be deposited in the gas tax account. Project No. 60171. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this recommendation. LEGAL CONSIDERATONS: This item has been reviewed as to form and legality, and requires a majority vote for Board approval. ERP RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Award the bid to the one and only bidder for the sum of $11,011.00. 2. Authorize the Board Chairman to execute the purchase agreement and direct the County Manager to comply with the terms therein. 3. Authorize the Board Chairman to execute a Warranty Deed conveying the subject property in accordance with the attached purchase agreement. Prepared by: Kevin Hendricks, TECM, Right -of -Way Acquisition Manager and Michelle L. Sweet, TECM, Property Acquisition Specialist Attachments: (1) Location Map; (2) September 24, 2013 agenda item 16.A.8 (Exhibit "A "); (3) Purchase Agreement (Exhibit "B "). Packet Page -483- 2/25/2014 16.A.18. EXECUTIVE SUMMARY Recommendation to offer 10 acres of surplus, land - locked, County- owned, vacant land for sale in accordance with Florida Statutes Section 125.35 and accept bids therefor. (Fiscal impact: two advertisements not to exceed $1,000.00 total. ) OBJECTIVE: To dispose of a vacant, landlocked, surplus property; and thereby eliminate the liability of its continued ownership by Collier County. CONSIDERATIONS: On October 27, 1982, the State of Florida, by and through the Florida Department of Transportation, conveyed to Collier County all right, title and interest in the subject property via Public Purpose Quitclaim Deed. The property is classified as a "borrow pit" and was used by the Florida Department of Transportation as a source of fill material for Davis Boulevard / State Road SR -84. The location of the "borrow pit" is attached hereto as Exhibit "A ". The borrow pit is full of water. The County has never had a use for the property, and there is no legal or physical access to the property from the public road network. The property was offered to all County Divisions, and no County Division showed an interest in the property. For those reasons, the property was declared surplus by the Board of County Commissioners in 2008 and offered for sale in accordance with Florida Statutes. At that time, the County's asking price of $340,000.00 was based upon the County Review Appraiser's opinion that the highest and best use of the property was, "... for assemblage with adjoining properties, for transfer of development density, and/or for preserve- drainage usage as part of a larger residential development plan." The only bid received, which was rejected, was from an abutting land owner in the amount of $5,000.00. Because of the depressed real estate market, staff believed the best course of action was to wait for a stronger market and sell the property at a later point in time. However, the property is primarily just a liability to the County; and staff is now recommending its disposal. It is landlocked, and at this time of year, is almost totally under water. The small portion of uplands are scattered with exotics such as Malleluca, Brazilian Pepper, and Australian Pine, and with hurricane season upon us, the neighbors in the community of Falling Waters are concerned that the tall trees will fall into their building during a storm. Every year at this time (hurricane season) the residents begin calling various county government offices in the hope that the County will cut down and haul away the trees. Because the property is unimproved and zoned "E" (Estates), the Land Development Code does not require the removal of the trees. However, several years ago staff went ahead and solicited quotes from tree trimming / tree removal companies. The cheapest quote was $150,000. However, being landlocked, we would need the permission of an adjacent property owner for the contractor to gain access to the property; and there would be additional costs associated with restoring the neighboring property to its pre- existing condition after the tree removal. Therefore, staff is recommending disposal of the property through the bidding process. Upon receipt and review of all bids, staff shall bring its recommendations to Board and request direction. Packet Page -484- 2/25/2014 16.A.18. Pursuant to Section 125.35(3) of the Florida Statutes, when a county desires to sell a parcel of real property an advertisement must be placed at least once a week for two weeks in a newspaper of general circulation published in the County, soliciting bids for the purchase of the property. In addition to meeting this legal requirement, all abutters will be specially notified by letter of the County's interest in selling the property to the highest bidder and they will be invited to submit a bid. FISCAL IMPACT: The cost to run the proposed advertisement once a week for two consecutive weeks in the Naples Daily News will be just under $1,000.00. Source of funds will be gas taxes. Any and all revenue from the sale of the property will be deposited in the gas tax account. Project No. 60171. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this recommendation. LEGAL CONSIDERATONS: This item has been reviewed as to form and legality, and requires a majority vote for Board approval. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: Approve the placement of an advertisement in the Naples Daily News, and the payment therefor, soliciting bids for the purchase of the subject property. 2. Prepared by: Kevin Hendricks, TECM, Right -of -Way Acquisition Manager and Michelle L. Sweet, TECM, Property Acquisition Specialist Attachments: (1) Aerial photograph showing location of subject property; (2) Street -view photograph showing the trees; and (3) Real Estate Sales Agreement. Packet Page -485- '?tom 2/25/2014 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.18. Item Summary: Recommendation to convey 10 acres of surplus, land- locked, County - owned, vacant land to the winning bidder for the sum of $11,011. (Fiscal impact: - $11,011 total.) Meeting Date: 2/25/2014 Prepared By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management 1/31/2014 12:00:31 PM Approved By Name: AhmadJay Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 2/5/2014 10:06:13 AM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 2/5/2014 12:05:56 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 2/5/2014 1:21:40 PM Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 2/5/2014 2:24:52 PM Name: LynchDiane Title: Supervisor - Operations, Road Maintenance Date: 2/11/2014 10:41:20 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/11/2014 3:05:34 PM Packet Page -486- 2/25/2014 16.A.18. Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/12/2014 4:52:37 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/13/2014 10:25:33 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 2/18/2014 10:43:22 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/18/2014 11:37:52 AM Packet Page -487- r f; a A, _,.:...,....,.- _.u.s..: mom......__.. .. .,......e ......o..:..,.,... �......e.... ... n+... ...g.�...........°w.._...�..._• '. ,. .. «......._.... .... °L '_.. _,_ _... i f� ✓f 0 wir �. Ak R s r$yw ' b ,�� _ +� _ .,� ..♦ ..� ...;.,�..waL:ws ik�rti,:,' � � t ter,..- �u'�e'� �s� N ' 1 s ° y^" ix• ^"°�- '�*"�, d.•#lp, Ay ,aa,�• - Y °t"' +;w fiver. "F�+ "-`Ae .^M .,L. �^nwna.w Mt.a ¢ i i>m •'"`� � i '�" ^A r- ice' °t+�",�.� .�.'� ` � � i f� ✓f 0 wir �. Ak R s r$yw ' b ,�� _ +� _ .,� ..♦ ..� ...;.,�..waL:ws ik�rti,:,' � � t ter,..- �u'�e'� �s� N ' 1 s ° y^" ix• ^"°�- '�*"�, d.•#lp, Ay ,aa,�• - Y °t"' +;w fiver. "F�+ "-`Ae .^M .,L. �^nwna.w 2/25/2014 16.A.18. PROJECT: 99999 Miscellaneous PARCEL No(s): 122SALE (Borrow Pit) FOLIO No(s): 0040364009 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this — 9 *h day of �i ��v4+� --.__, 20 1q, by and between COLLIER COUNTY, a political subdivision of the *State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "), and UNITY OF NAPLES, INCORPORATED, whose mailing address is 2000 Unity Way, Naples, Florida 34112, (hereinafter referred to as "Purchaser "). WHEREAS, County advertised to receive bids to purchase real property described as "the SW '/4 of the SW '/a of the NE % of Section 8, Township 50 S, Range 26 E, Collier County, Florida, Folio No. 00403640009" (hereinafter the "Property "); and WHEREAS, Purchaser submitted the highest bid and County awarded bid to Purchaser; and WHEREAS, Purchaser requires a fee estate in the Property; and WHEREAS, County desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate County for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. County shall convey the Property to Purchaser for the sum of: $11,011.00 Packet Page -489- kt 2/25/2014 16.A.18 Page 2 subject to the apportionment and distribution of proceeds pursuant to Paragraph 7 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to County shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon. 3. County shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, County shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents "): (a) Warranty Deed; and (b) Closing Statement; 4. Both County and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall make payment to County and County shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 5. County and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. County agrees, represents and warrants the following: (a) County has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of County hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and Packet Page -490- D a 2/25/2014 16.A.18. Page 3 obligation on the part of County to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, County shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (f) County has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect County's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon County's representations stated in this Agreement and on the understanding that County will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, County agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would adversely affect the physical condition of the Property or its intended use by Purchaser. (h) The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the County has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the County has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This Packet Page -491- NI �f gC4 2/25/2014 16.A.18. Page 4 provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, transfer taxes, and any and all costs and /or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the County, and shall be deducted on the Closing Statement from the compensation payable to the County per Paragraph 2, 8. This Agreement and the terms and 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 the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by County is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both County and Purchaser. 10. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Packet Page -492- `' 2/25/2014 16.A.18. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO PURCHASER: Name (Print or Type) Approved as to form and legality: Assistant County ttorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman UNITY OF NAPLES, INCORPORATED BRIAN E. JONES, Vic? President Packet Page -493- OCA(