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Agenda 02/26/2008 Item #16E 3 Agenda !tem No. 16E3 February 26, 2008 Page 1 of 3 ,-' EXECUTIVE SUMMARY Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other documents required for the sale of GAC Land Trust property during the 2008 calendar year. OBJECTIVE: To obtain from the Board of County Commissioners (Board) approval and execution of the attached Resolution authorizing the Board's Chairman, during the 2008 calendar year, to execute Real Estate Sales Agreements, Statutory Deeds, and other documents related to the sale of GAC Land Trust Property (Trust Lands) in Golden Gate Estates which were conveyed to Collier County by Avatar Properties, Inc. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., and the Board entered into an Agreement (Avatar Agreement) whereby Avatar would convey, in phases, to the County at no cost, 1,061.5 acres of Trust Lands in Golden Gate Estates. These conveyances came with the stipulation that the Trust Lands and money derived from the sale thereof would be used by Collier County for purposes directiy beneficial to the residents of Golden Gate Estates. The Avatar Agreement further provides that transactions must close within 120 days of the date of the appraisal. If not, the Real Estate Sales Agreement becomes null and void and the County, instead of the purchaser, will be required to pay for the cost of the appraisal. Prior to 1989, transactions were submitted to the Board individually for approval. However, recognizing - the difficulty in meeting this 120-day timeframe, Boards have since given the sitting Chairman the authority to execute Real Estate Sales Agreements, Statutory Deeds, and other related closing documents on behalf of the Board without the necessity of presenting each transaction to the Board for approval. This process still gives the Chairman, if he or she so desires, the flexibility of having Real Estate Services' staff present a transaction to the Board. All documents required for a sale are first reviewed and approved by the County Attorney's Office prior to submittal to the Chairman for execution. This request only affects those parcels currentiy on the Available List of Trust Lands for sale. At its December 14, 2004 meeting, Agenda Item 16E4, the Board directed that Trust Lands on the Reserved List can only be moved to the Available List with the Board's approval. The attached Resolution has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: All proceeds from property sales are deposited into the GAC Trust - Land Sales (605). GROWTH MANAGEMENT IMPACT: There is no impact to Collier County's long-range planning effort. RECOMMENDATION: That the Board approves and accepts the attached Resolution authorizing the Chairman to execute the attached Resolution on the Board's behalf; and authorizing the Chairman, during the 2008 calendar year, to execute Real Estate Sales Agreements, Statutory Deeds, and other such documents required for the sale of Trust Lands. - PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Estate Services I Facilities Management Department .'--~~~~-~"'" .. " - -..---.-.-.. ,,'... . --.->-.--..--,'-",., Page 1 of 1 fl,genda Item ~~Cl. ~16E3 February 26, 2008 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E3 Item Summary: Recommendation to approve a Resolution aulhoflzlng the Chairman of the Board of County Commissioners. Collier County, Florida, to execute P.greements, Deeds, and other documents required for the sale of GAC Land Trust property during the 2008 calendar year Meeting Date: 2/26/2008 90000 AM Prepared By Jason Bires Property Acquisition Specialist Date Administrative Services Facilities Management 215/20085:07:41 PM Approved By Toni A. Matt Real Property Supervisor Date Administrative Services Facilities Management 2/7/20087:56 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 2/7/20083:52 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 2/12120089:41 AM Approved By OMS Coordinator AppHc:atiom; Analyst ~ate Administrative Services Information Technology 2,113/200810:34 AM Approved By Laura Davisson Management &. Budget Analyst Date County Manage:-'s Office Office of Management c; 8udget 2/15/200811 :52 AM Approved By Leo ::.. Ochs, Jr. Deputy County f",'ar.ager Date Board of County Commissioners County Manager's Office 2/15/200812:22 PM -, file://C:\AgendaTest\Export\ 10 l-Februarv%2026. %202008\ l6.%20CONSENT%20AGEND... 2/20/2008 --_.-.- .".- 0____.~u~ -._--" ..---- ::sm :~O. 'i 0=:3 ;::sb:-uarv =6 2008 RESOLl.:TION 200S - ::'3g'2 3 013 ----._- A RESOLUTION OF THE BOARD OF COlP.\iTY COMMISSIONERS Of COLLIER COllNTY, FLORIDA, AUTHORIZING THE EXECUTION OF TilE REAL ESTATE SALES AGREEMENTS A!\:D STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF TilE BOARD fOR THE 2008 CALENDAR YEAR. WHEREAS, Collier County, Florida entered into an agreement with A,"atar Properties Inc. on November 15, 1983 to accept as Trustee 1.061.5 acres of real property in Golden Gate Estates fDr the purpose of sale to the public: and \\-.'tJERl.:AS. Collier County. Florida accepted the acreage in phases: Phase I on November 15. ] 983. Phase II and III on February 16. 1988 and Phase IV and V on .Iune 13. 1989: such conveyances have been recorded in the Public Records of Collier County. Florida: and WHEREAS. on April 5. ] 988. and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Facilities Management Department has been actively marketing the property' (Phases I through V) for sale to the general public; and \\--'HEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguard of statf and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. "iOW, THEREfORE BE IT RESOI.VED BY THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. that I. The l30ard of County Commissioners does hercb-y authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, ] 983 and the County's administration of such Agreement. whereupon the Real Estate Sales Agreements and Statutory' Deeds have been previously approved hy the Facilities Management Department, the Finance Depal1mcnt and the County Attorney's Or/ice. , The authorization or the Chaim1an to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2008 calendar year. This Resolution adopted this _..._ day of' '- .2008. after motion, second and majority vOIC. ATTEST: BOARD OF COU!\:TY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. fLORIDA BY: BY -~.~ ,~- Deputy' Ckrk rOM HENNING, CHAIRMAN .A~~ to form and legal sufficiency: .'_kC/(r) Heidi F. Ashton - Cicko Assistant COllnty Attorney