Agenda 11/10/2020 Item #11E (Consider an offer to purchase the Riviera Golf Club Property)11/10/2020
EXECUTIVE SUMMARY
Recommendation to consider an offer to purchase the Riviera Golf Club Property and fulfill the
Land Development Code requirement for applicants filing an Intent to Convert application in
accordance with LDC section 5.05.15 C.2.
OBJECTIVE: To satisfy the Land Development Code (LDC) requirements for an applicant that has filed
an Intent to Convert Application.
CONSIDERATIONS: In 2017, the Board of County Commissioners (Board) adopted procedures related
to the conversion of golf courses to non -golf course -related uses. Adopted LDC section 5.05.15 requires a
robust public vetting process prior to the submittal of a zoning action called an "Intent to Convert"
application. One element of the Intent to Convert process is the requirement to submit a "Developer's
Alternatives Statement" that identifies several conversion or purchase options for the project, including
the potential for the County to purchase the property.
In 2018, the Riviera Golf Course (see attached location map) was listed for sale at an asking price of $3
million. At that time, the Riviera Golf Estates Board of Directors proposed borrowing up to $3.3 million
As an owner of two parcels within Riviera Golf Estates, the Board cast two votes in favor of the proposal
at the December 11, 2018 Board meeting (see attached agenda item I U). However, the proposal did not
achieve the required votes to authorize the purchase and no further action was taken.
On September 17, 2020, Zoning Division staff held a Pre -Application meeting for an Intent to Convert
and companion rezone request related to the conversion of the Riviera Golf Club Property to a residential
development. At that meeting, staff instructed the applicant of the need to "coordinate with the County to
determine if there is any interest to donate, purchase, or maintain a portion or all of the property for a
public use, such as a public park, open space, civic use, or other public facilities." The attached letter
satisfies that requirement and allows the applicant to continue the Intent to Convert application process.
This same offer to purchase was extended to the Riviera Golf Estates Homeowners Association (HOA).
Staff reached out to the HOA Board President on November 2nd to determine interest in the offer to
purchase and representatives for the HOA have expressed interest in addressing the Board on November
1 Od'.
The Intent to Convert process only requires coordination between the Applicant and the County and does
not require the County to purchase the property or otherwise engage with the Applicant.
FISCAL IMPACT: The offer to purchase totals $6,500,000. This purchase if contemplated has not been
planned for and thus funds are not earmarked as part of the adopted FY 21 budget. If the Board chooses to
engage in discussions regarding the purchase of the property, under the premise that this is a strategic
acquisition, the short timeline to closing as stated in the offer letter would likely require certain existing
capital project deferrals to raise the necessary capital followed by future reimbursement through either
existing FY 21 or FY 22 budgeted funds and/or short term financing.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To consider the offer to purchase the Riviera Golf Club Property and direct
staff as to how to respond.
Prepared by: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
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11/10/2020
ATTACHMENT(S)
1.2020.10.29 Letter to L. Ochs re Riviera Acquisition (PDF)
2. Location Map (PDF)
3. 12-11-18 BCC Agenda Item 1 U (PDF)
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11.E
11/10/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E
Doe ID: 14072
Item Summary: Recommendation to consider an offer to purchase the Riviera Golf Club Property
and fulfill the Land Development Code requirement for applicants filing an Intent to Convert application
in accordance with LDC section 5.05.15 C.2. (Jeremy Frantz, Land Development Code Manager, Zoning
Division)
Meeting Date: 11/10/2020
Prepared by:
Title: Planner, Senior — Zoning
Name: Jeremy Frantz
11/02/2020 9:07 PM
Submitted by:
Title: Manager - Planning — Zoning
Name: Ray Bellows
11/02/2020 9:07 PM
Approved By:
Review:
Growth Management Department
Facilities Management
Zoning
Growth Management Department
Growth Management Department
Office of Management and Budget
Budget and Management Office
County Attorney's Office
County Manager's Office
Board of County Commissioners
Judy Puig
Level 1 Reviewer
Roosevelt Leonard Additional Reviewer
Anita Jenkins
Additional Reviewer
James C French
Deputy Department Head Review
Thaddeus Cohen
Department Head Review
Laura Wells
Level 3 OMB Gatekeeper Review
Mark Isackson
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Leo E. Ochs
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed
11/03/2020 8:12 AM
Completed
11/03/2020 9:06 AM
Completed
11/03/2020 9:53 AM
Completed
11/03/2020 1:41 PM
Completed
11/03/2020 4:35 PM
Completed
11/03/2020 4:39 PM
Completed
11/04/2020 10:40 AM
Completed
11/04/2020 11:01 AM
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11/04/2020 11:44 AM
11/10/2020 9:00 AM
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11.E.1
CYI<
COLEMAN I YOVANOVICH I KOESTER
October 29, 2020
Via Electronic Mail
Mr. Leo E. Ochs, Jr., County Manager
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples, FL 34112-5746
RE: Riviera Golf Club Acquisition
Dear Mr. Ochs,
4001 Tamiarni Trail North, Suite 300
Naples, Florida 34103
T:239.435.3535 1 F:239.435.1218
Email: ryovanovich(a�,cyklawfrm.com
Our firm represents La Mimnesota Riviera LLC ("La Minnesota"). La Minnesota is the owner of
the Riviera Golf Club property. La Minnesota intends to re -develop the property as a residential
community. As part of the Collier County process, La Minnesota is required to determine if
either the Association or Collier County is interested in acquiring the property. La Minnesota is
willing to sell the property to either the Association or Collier County for the sum of six million
five hundred thousand dollars. If either the Association or Collier County is interested in
acquiring the property, a contract to purchase the property must be entered into by 5:00pm on
November 13, 2020. There must be no contingencies for the acquisition. However, a due
diligence period of thirty (30) days will be provided. Closing is to occur sixty (60) days after the
expiration of the due diligence period.
If you have any questions regarding this matter, please feel free to contact me.
Sincerely,
Richard D. Yovanovich7Esq.
cyklawfirm.com
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Riviera Golf Club Property 11.E.2
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Source: Esri, Maxar, GeoEye, Earthstar Geographies, CNES/Airbus DS,
USDA, USGS, AeroGRID, IGN, and the GIS User Community, GIS/
Addressing
11.E.3
12/11/2018
EXECUTIVE SUMMARY
Recommendation to authorize the County Manager to cast two affirmative votes for the Riviera
Golf Estates Homeowners Association Board of Directors, to negotiate a contract for the acquisition
of the 93-acre golf course and to borrow up to $3.3 million for the land purchase and maintenance
equipment for use as a private community park. Collier County owns two (2) lots at 767 and 771
Charlemagne Court in Riviera Golf Estates and thus has two (2) votes it can cast.
OBJECTIVE: To cast affirmative votes for the Riviera Golf Estates HOA to purchase the Riviera Golf
Estates Golf Course.
CONSIDERATIONS: In late 2016, the Riviera Golf Estates Board of Directors learned that the 93-acre
Riviera Golf Course was for sale at an asking price of $3 million. The Golf Course Advisory Committee
(GCAC) was created in early 2017 and asked to research the situation and to develop alternatives and
recommendations. The GCAC comprised of volunteers that included full-time and seasonal homeowners
of all ages that live on and away from the golf course. The GCAC also included residents that do similar
type work in their professional lives. The GCAC spent more than a year to research, analyze and compile
a comprehensive report that determined purchasing the golf course was in the best interest of protecting
the community from development. The Riviera Golf Estates Board of Directors supports the GCAC
recommendation to purchase the golf course and authorize borrowing up to $3.3 million, which includes a
maximum purchase price of $3 million, plus a 10% reserve for purchase -related closing costs, due
diligence costs, and maintenance equipment for use as a private community park.
A positive vote doesn't assure purchase of the 93-acre golf course. Should the vote to purchase the land
be positive, the Riviera Golf Course Board of Directors would select a committee to negotiate pricing and
ensure due diligence is completed before any purchase takes place.
Collier County owns two (2) lots at 767 and 771 Charlemagne Court in Riviera Golf Estates and thus has
two (2) votes it can cast. If the County abstains from voting, it counts as two (2) no votes and a super
majority yes vote is required to purchase the golf course.
A location map for the golf course and the land acquisition ballot are attached for reference.
FISCAL IMPACT: If the golf course is purchased with a bank loan of $3.3million, the County would
be responsible to pay approximately $4,768 per lot, plus an additional $12/month for operating expenses.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To authorize the County Manager to cast affirmative votes for the Riviera
Golf Estates HOA Board of Directors, to negotiate a contract for the acquisition of the 93-acre golf course
and to borrow up to $3.3 million for the land purchase and maintenance equipment for use as a private
community park.
Prepared By: Toni A. Mott, Manager, Facilities Management Division
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11.E.3
12/11/2018
ATTACHMENT(S)
1. Location Map (PDF)
2. Land Acquisition Ballot (PDF)
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11.E.3
12/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.6
Doe ID: 7496
Item Summary: Recommendation to authorize the County Manager to cast two affirmative votes
for the Riviera Golf Estates Homeowners Association Board of Directors, to negotiate a contract for the
acquisition of the 93-acre golf course and to borrow up to $3.3 million for the land purchase and
maintenance equipment for use as a private community park. Collier County owns two (2) lots at 767 and
771 Charlemagne Court in Riviera Golf Estates and thus has two (2) votes it can cast.
Meeting Date: 12/11/2018
Prepared by:
Title: Manager - Property Acquisition & Const M — Facilities Management
Name: Toni Mott
12/04/2018 2:07 PM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
12/04/2018 2:07 PM
Approved By:
Review:
Public Utilities Department
Facilities Management
County Attorney's Office
County Attorney's Office
Office of Management and Budget
Budget and Management Office
County Attorney's Office
County Manager's Office
Board of County Commissioners
Dan Rodriguez
Additional Reviewer
Damon Grant
Director - Facilities
Jeffrey A. Klatzkow Level 2 Attorney Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Valerie Fleming
Level 3 OMB Gatekeeper Review
Mark Isackson
Additional Reviewer
Emily Pepin
CAO Preview
Leo E. Ochs
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed 12/04/2018 3:11 PM
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