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Agenda 09/24/2013 Item #16A 8 9/24/2013 16.A.8. 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 separate advertisements not to exceed $1,000 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 -1205- 9/24/2013 16.A.8. 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. Provided that bids are received, the matter will be brought back to the Board for a decision on whether to sell at such price. -JAK 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. 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-1206- 9/24/2013 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item 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 separate advertisements not to exceed $1,000 total.) Meeting Date: 9/24/2013 Prepared By Name: HendricksKevin Title:Manager-Right of Way,Transportation Engineering 8/14/2013 5:18:20 PM Approved By Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 8/29/2013 10:56:24 AM Name: LynchDiane Title: Administrative Assistant Date: 9/3/2013 6:48:13 PM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 9/4/2013 7:49:06 AM Name: ShueGene Date: 9/6/2013 9:00:42 AM Name: KearnsAllison Date: 9/9/2013 4:45:09 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/11/2013 8:23:54 AM Name: PepinEmily Packet Page -1207- 9/24/2013 16.A.8. Title: Assistant County Attorney, CAO Litigation Date: 9/11/2013 12:06:25 PM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 9/11/2013 2:54:15 PM Name: KlatzkowJeff Title: County Attorney Date: 9/12/2013 2:40:07 PM Name: OchsLeo Title: County Manager Date: 9/12/2013 4:35:01 PM Packet Page -1208- /24/2013 16.A.8. 9 LOCATION MAP & AERIAL PHOTO OF SURPLUS PROPERTY (YELLOW) r .. t ,• .. .ti +" tn§ _`i t;�:y �N Y ryd>r'a»`E :sr'j t • * a; x, ` ra y t.s , a ti r r, :a 3 « ' ° t •r � 3 o . ,M� v f,s ,'y °.ss".ad s ' f.1v . � �` , " Y 4 r . � . ' � .yy, Jig - T s � + :z�' � -`.•'..!" � + Y+�"".+7*Y`'Ay d�,y �„ sz: a 3. S sq !%fi 7 of v+r d+ a w w+'� # ,Z„,-,6:',4',;i ' , lJ .� a!k f� �8,} I � k 2 .w ,r. �!�� + o µ .,*Z A .1.1 u� .c r} - i€ =. '7. cF w,..' `1i S ,it ` y ,Z ' j "` i .'. 4 r :fy a r " '� 4 Y t71 7,ce " d , i S - fi t'4. 4 a>�• ya r,Y �' p4e4 ...- a¢; x' ::' 3 ;+a' '` ,,,.aYk ---';A11'4: ". A�r o -r« ' � ` af/ a k ♦f`" m 4C:4'.4,14 '''.7: + . 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PROJECT: Surplus Borrow Pit Property FOLIO NO: 00403640009 REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this day of 2008, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301 East Tamiami Trail, Naples, FL 34112 hereinafter referred to as SELLER, and , whose mailing address is 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: I. 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 , being 30 days from the last date of publication of the legal notice requesting bids for the purchase of the Premises. Should the 30th day fall on a Saturday, Sunday or holiday, the final date of execution of this Agreement by Buyer is hereby extended to the first business day following Sunday or such holiday, with the Agreement being delivered to SELLER before 3:00 pm on such date. 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 $ ), 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 ($ ) DOLLARS representing ten percent, 10%, of the purchase price. 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. All of BUYER"S payments to SELLER shall be made via cashier's check drawn from a local branch bank located in Collier County, Florida. 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 Packet Page-1210- 9/24/2013 16.A.8. way limiting the preceding, BUYER acknowledges and agrees that Buyer hereby waives, releases and discharges any claim that Buyer has, might have had, or may have against the SELLER with respect to the condition of the Premises. 7. PRORATIONS. ADJUSTMENTS and CLOSING COSTS. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: A. 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. B. All other items required by any other provision of this Agreement to be prorated or adjusted. C. 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. D. 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. 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. 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. 10. CLOSING. Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 90 days from SELLER's approval and execution of this Agreement. 11. 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. Packet Page -1211- 9/24/2013 16.A.8. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. ormt 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. oak If to SELLER: Transportation Engineering & Construction Management Attn: Kevin Hendricks, Right-of-Way Acquisition Section 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239-774-5874 Fax 239-213-5885 With a copy to: Emily R. Pepin Assistant County Attorney 3299 Tamiami Trail E, Suite 800 Naples, Florida 34112 Telephone 239-252-8400 Fax 239-252-6300 As to BUYER: I. This Agreement shall be governed in all respects by the laws of the State of Florida. Packet Page-1212- 9/24/2013 16.A.8. 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. 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 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, BY: Deputy Clerk Georgia A. Hiller, Esq., Chairwoman AS TO PURCHASER: DATED: BY: Witness (Signature) TITLE: Name: (Print or Type) Witness(Signature) Name: (Print or Type) Packet Page-1213- 9/24/2013 16.A.8. BY: Witness(Signature) TITLE: Name: (Print or Type) Witness(Signature) Name: (Print or Type) Approved as to form and legality: Emily R. Pepin Assistant County Attorney Packet Page-1214- 9/24/2013 16.A.8. Cif 41',...'.. . 4. Cr)L.L - xi x• w _ '4{' N A.V. ~ Q ar „D ms., w r Z y..�N ry Jr` /, t ' .�a fig, • r Q 6, ❑ g -U ,�,, f a $, d -w a' ' ♦ x r+. ❑ dx. b .,r— •w. ',*f.;ti. Z "."^",:W 5 d+ R „',7,,.. CO 0 -; '. us: U '. * ,sn Q ., r _ 4, a its'` �%w CL H '°».. :”•,rc'. Packet Page -1215- 9/24/2013 16.A.8. EXHIBIT A UNDER WATER ! !- That's right. This 10 acre, landlocked parcel of land is almost entirely under water. It can be viewed on the Collier County Property Appraiser's website at www.collierappraiser.com. Search for the parcel by Folio No. (00403640009) using GIS Maps. The Board of County Commissioners is now accepting sealed bids for the sale and purchase of this very unique property. The property will be sold "AS IS" to the highest bidder, who will be required to enter into a Real Estate Sales Agreement, and who will receive a "Statutory Deed" from Collier County in exchange for payment of the bid amount at a real estate closing. Copies of these documents may be obtained for review by calling Michelle Sweet at 252-6027. The buyer will be responsible to pay all closing costs, including, but not limited to: the premium for lender and owner's title insurance policies; charges for title search, title examination, and the title continuation through the date of deed recording; a survey (if desired), documentary stamps on the deed and recording fees. In the event of a tie between or among two or more of the highest bidders, the award shall be made to the bidder having first submitted its bid. PLEASE HAND DELIVER OR FORWARD VIA US MAIL SEALED BIDS TO: (In BOLD letterstype or write by hand "SEALED BID" on the envelope) Attn: Michelle L. Sweet Transportation Engineering— Right-of-Way Acquisitions Growth Management Division —Construction and Maintenance 2885 South Horseshoe Drive Naples, FL 34104 BIDS WILL NOT BE ACCEPTED AFTER 2:00 P.M. ON , 2013. Packet Page -1216-