Agenda 09/22/2020 Item #16C 7 (Resolution - Real Estate Sales Agreement)16.C.7
09/22/2020
EXECUTIVE SUMMARY
Recommendation to surplus the attached list of County owned real properties to be disposed
pursuant to the provisions of Section 125.379, Florida Statutes and authorize that property located
at 3080 Francis Avenue be conveyed to Residential Options of Florida, Inc., a not for profit
corporation, for $1,000 pursuant to the provisions of Section 125.28, Florida Statutes.
OBJECTIVE: To dispose of Collier County owned real properties for which the County has no use.
CONSIDERATIONS: The attached list of proposed surplus properties was circulated among various
departments within the County, constitutional offices, and the sheriff's office, to determine if any
department(s) have an intended use or need for any of these properties. The departments expressing an
interest are the CRA, regarding 3080 Francis Avenue, and Transportation which is interested in acquiring
1020 Desoto Blvd. Pending the Board's approval, those two properties shall be set aside and all other
properties on the proposed surplus list shall be offered via a private and/or advertised public sale in
accordance with Section 125.35(c), Florida Statutes.
Note that most properties on the list are not buildable and are only suitable to adjacent property owners to
add additional acreage, albeit minimal. By selling the surplus properties, the County will be relieved of
maintenance responsibility and liability. Also, in addition to receiving sales revenue, the properties sold
will generate ad valorem tax revenue to the County.
3080 Francis Avenue is located within the Bayshore Gateway Triangle Community Redevelopment Area
(BGTCRA). CRA staff has requested that the parcel be conveyed directly to ROOF (Residential Options
of Florida, Inc.), a not for profit corporation, to help support their mission of enabling individuals with
intellectual and developmental disabilities to successfully obtain and maintain affordable and inclusive
housing of their choice. The BGTCRA Advisory Board discussed ROOF's interest in developing a
residential unit in the area at the June 10 and July 9 Advisory Board meetings and supported ROOF's
mission. Subsequent to those meetings the 3080 Francis Avenue property was identified as being suitable
for ROOF. Pursuant to Section 125.28, Florida Statutes, the County may convey this County owned
property at a nominal price to a not for profit organization. The suggested consideration is $1,000. A
copy of the County's standard form Real Estate Sales Agreement is attached for reference purposes only.
FISCAL IMPACT: The appropriate County departments will be reimbursed from the sale of surplus
properties and any remaining funds will be deposited in the Affordable Housing Trust Fund, Fund (116),
Cost Center 138711, Program 50137. The total value of the surplus properties is $305,800 as determined
by Real Property Management's internal appraiser.
GROWTH MANAGEMENT IMPACT: Excess revenue resulting from the sale of surplus property
will be used for the development of affordable housing which furthers the goals, objectives, and policies
of the Growth Management Plan and specifically the Housing Element. Tax revenues shall be deposited
to the general fund.
LEGAL CONSIDERATIONS: The County is under no obligation to accept any bids. The Real Estate
Sales Agreement with ROOF and resolution may be routed for Chair signature so long as it is
substantially similar to the attached standard forms. This item is approved as to form and legality and
requires a majority vote for Board action. - JAB
RECOMMENDATION: For the Board of County Commissioners to: i) approve the list of attached
County owned properties as surplus, ii) authorize the Chairman to execute the County's standard form
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16.C.7
Real Estate Sales Agreement and Resolution, as approved by the County attorney, for the parcel to be
conveyed to ROOF, iii) submit a bid tabulation as a future agenda item for the Board's consideration, iv)
deposit funds received from the sales in the appropriate accounts, and v) direct the County Manager or his
designee to follow all appropriate closing procedures, and record the Deed(s) in the Collier County Public
Records.
Prepared by: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Disposition List - Circulation (6-10-20) (PDF)
2. Resolution - CAO Approved (PDF)
3. Real Estate Sales Agreement (final draft) (DOC)
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16.C.7
09/22/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.7
Doe ID: 13319
Item Summary: Recommendation to surplus the attached list of County owned real properties to
be disposed pursuant to the provisions of Section 125.379, Florida Statutes and authorize that property
located at 3080 Francis Avenue be conveyed to Residential Options of Florida, Inc., a not for profit
corporation, for $1,000 pursuant to the provisions of Section 125.28, Florida Statutes.
Meeting Date: 09/22/2020
Prepared by:
Title: — Facilities Management
Name: Jay Malamphy
08/19/2020 3:40 PM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
08/19/2020 3:40 PM
Approved By:
Review:
Public Utilities Operations Support
Joseph Bellone
Additional Reviewer
Facilities Management
Toni Mott
Additional Reviewer
County Manager's Office
Debrah Forester
Additional Reviewer
Facilities Management
Damon Grant
Director - Facilities
Public Utilities Department
Dan Rodriguez
Additional Reviewer
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
Public Utilities Department
George Yilmaz
Level 2 Division Administrator Review
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Budget and Management Office
Ed Finn
Additional Reviewer
County Manager's Office
Nick Casalanguida
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
08/25/2020 9:41 AM
Completed
08/26/2020 1:01 PM
Completed
08/28/2020 9:08 AM
Completed
08/31/2020 9:48 AM
Completed
08/31/2020 10:36 AM
Completed
08/31/2020 1:53 PM
Completed
08/31/2020 2:30 PM
Completed
09/01/2020 4:26 PM
Completed
09/02/2020 8:13 AM
Completed
09/10/2020 1:39 PM
Completed
09/14/2020 4:19 PM
Completed
09/16/2020 9:17 AM
09/22/2020 9:00 AM
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16.C.7.b
RESOLUTION NO.2020 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING A COLLIER COUNTY STANDARD FORM
REAL ESTATE SALES AGREEMENT WITH RESIDENTIAL OPTIONS OF
FLORIDA, INC., A NOT FOR PROFIT CORPORATION, SALE OF COUNTY -
OWNED PROPERTY.
WHEREAS, Residential Options of Florida, Inc. ("ROOF") desires to purchase vacant land owned
by Collier County, a political subdivision of the State of Florida ("Collier County"), located at 3080
Francis Avenue, Naples, FL 34112 ("Property").
WHEREAS, the Collier County Standard Form Real Estate Sales Agreement ("Agreement")
provides for the conveyance of all the County's right, title and interest in and to the Property to ROOF as
of the date of closing, for a purchase price of One Thousand Dollars ($1,000).
WHEREAS, the Board of County Commissioners is satisfied that Property may be purchased by
ROOF and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Pursuant to Section 125.38, Florida Statutes, the Board of County Commissioners does
approve the attached Agreement between Collier County and ROOF.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the Agreement for ROOF.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this day of , 2020.
ATTEST:
CRYSTAL K. KINZEL, CLERK
, DEPUTY CLERK
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L, SAUNDERS, CHAIRMAN
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16.C.7.c
PROJECT: Surplus Properties
FOLIO NO: 61482840005
REAL ESTATE SALES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2020,
by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, hereinafter referred to as SELLER, and RESIDENTIAL OPTIONS OF
FLORIDA, INC. (ROOF), 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:
1. 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 2020.
4. TITLE. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed in a form
acceptable to Seller.
5. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the Premises is One
Thousand Dollars ($1,000), payable by BUYER to SELLER at closing of this transaction.
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
way limiting the preceding, BUYER acknowledges and agrees that he hereby waives, releases
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16.C.7.c
and discharges any claim that he has, might have had, or may have against the SELLER with
respect to the condition of the Premises.
7. PRORATIONS, ADJUSTMENTS and CLOSING COSTS.
A. The following items shall be prorated and adjusted between SELLER and BUYER
as of midnight of the day preceding closing:
1. 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.
2. All other items required by any other provision of this Agreement to be prorated or
adjusted.
3. 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.
B. 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.
C. BUYER shall pay for all costs associated with this transaction including, but not
limited to transfer, documentary taxes, and recording costs for any curative instruments.
BUYER agrees to pay the cost of publication of the legal notice soliciting bids on the Premises.
SELLER shall pay the costs of recording the conveyance instrument.
8. DEFAULTS AND TERMINATION. Except as otherwise stated herein, 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.
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16.C.7.c
9. EXPENSES. Any and all costs and expenses incurred by SELLER in connection with this
transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions, if any),
including, without limitation, recording fees, conveyance fees, public notice cost, documentary
and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER.
10. 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 N
and reasonable attorneys' fees incident thereto. This provision shall survive closing of this
transaction.
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11. CLOSING. Closing shall take place during normal business hours at the County Attorney's y
Office, Collier County Courthouse, 3329 East Tamiami Trail, Naples, Florida, 34112 or such a
other location as SELLER may select, within 30 days from the date SELLER executed this
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Agreement.IV
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12. CONSTRUCTION REQUIREMENT AND REVERSION. BUYER acknowledges that
SELLER is conveying Premises to BUYER strictly to help support BUYER's mission of
enabling individuals with intellectual and developmental disabilities to successfully obtain and 2
maintain affordable and inclusive housing of their choice. Accordingly, in support of this
mission, SELLER requires that BUYER obtain all required permits and approvals and
commence construction of a residential dwelling within 12 months from date of closing on the
Premises ("Deadline #1") and obtain a certificate of occupancy ("CO") on such dwelling unit by
no later than 24 months from the date of closing on the Premises ("Deadline 2").
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In the event that construction has not commenced by Deadline #1 or a CO is not obtained by
Deadline #2, with the exception of Force Majeure, the Premises shall automatically revert to
SELLER. In addition, should the Premises not be used for residential dwelling purposes in
support of BUYER'S aforementioned mission, at any time within 30 years of the date of closing
on the Premises, the Premises shall automatically revert to SELLER. This Construction
Requirement and Revision clause shall be stated in the deed conveying property to BUYER.
Any reversion of Premises shall be without the necessity of any affirmative action by SELLER.
BUYER shall fully cooperate in the conveyance of Premises to SELLER including the signing of
any legal documentation to effectuate such reversion. BUYER acknowledges and agrees that it
shall not contest the reversion and conveyance of Premises and shall pay SELLER all costs
associated with SELLER needing to enforce this provision, including reasonable attorney's fees
and other legal costs.
BUYER shall not obtain any financing or mortgage or encumber the Premises in any manner for
a period of 30 years from the date of closing. This restriction shall be stated in the deed
conveying property to BUYER.
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16.C.7.c
In the event of Force Majeure, SELLER, at SELLER'S sole option, shall determine the length of
time to extend any deadline, if any.
13. 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.
B. This Agreement may be amended only by a written memorandum subsequently a
executed by all of the parties hereto. a
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C. No waiver of any provision or condition of this Agreement by any party shall be y
valid unless in writing signed by such parry. No such waiver shall be taken as a waiver of any a
other or similar provision or of any future event, act or default.
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D. Time is of the essence of this Agreement. In the computation of any period of time CD
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. y
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.
AS TO SELLER: Collier County Real Property Management
Attention: Toni Mott
3335 East Tamiami Trail
Naples, Florida 34112
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16.C.7.c
WITH A COPY TO: Collier County Attorney's Office
Attention: Jennifer A. Belpedio, Asst. County Attorney
W. Harmon Turner Building, 8th Floor
3335 East Tamiami Trail
Naples, Florida 34112
AS TO BUYER: Residential Options of Florida, Inc.
3050 Horseshoe Dr. N.
#285
Naples, FL 34104
I. This Agreement shall be governed by the laws of the State of Florida.
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. N
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 A7gr!ee ment, 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.
14. OTHER PROVISION. SELLER has the right to maintain possession of the property until
the date of closing
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16.C.7.c
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:
CRYSTAL K. KINZEL, Clerk
, Deputy
AS TO PURCHASER:
Dated:
Witness (Signature)
Print Name:
v
Witness (Si not„rP�
Print Name:
Approved as to form and legality:
Jennifer A. Belpedio, Asst.County Attorney
BOARD OF COUNTY COMMISSIONERS O
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, Chairman
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16.C.7.c
EXHIBIT A
PAD#: 61482840005
Address: 3080 Francis Avenue, Naples, FL 34112
Legal: NAPLES BETTER HOMES 1ST ADD BLK 6 LOT 12
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