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Item N10 N.10 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: N.10 Agenda Item Summary #6428 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170 No AGENDA ITEM WORDING: Approval to Accept Bid and Authorize Sale of Duck Key Non- Conservation Density Reduction Lot Parcel ID No. 00379720-000000 for $22,600.00. ITEM BACKGROUND: In 2017, the County Commission started purchasing undeveloped single- family lots from willing sellers to buy down potential takings liability in anticipation of the State cutting off additional ROGO allocations in 2023. Eleven of these lots are located on Duck Key. Residents of that community have repeatedly inquired about the possible purchase of these lots for non-housing uses. On October 16, 2019, the Board authorized the County Attorney to initiate the statutory process for disposing of County owned property with respect to these 11 lots on the condition that they be deed restricted so that no residential housing could be built upon them. Pursuant to the process set forth in F.S. 125.35, the lots went out for bid in December of 2019. The request for bids was advertised in the Key West Citizen on December 71' and December 14th. The Citizen is the County's only local newspaper of general circulation that meets the statutory requirements for noticing sale of excess property. In order to reach more readers, ads were also placed in the Keys Weekly on December 12th and December 19th and the News Barometer on December 13th and December 20th. Additionally, notice was published online at www floridap, jjcri tIlce�.corii, on the County's website, DemandStar.com, and www.MonroeCountybids.com. The request for bids was publicized on social media. Each parcel had a minimum bid established by an appraisal. The minimum bid for Parcel ID No. 00379720-000000 was $19,600. The Bids were opened on January 7, 2020. The highest Bid for Parcel ID No. 00379720-000000 was $22,600. This Bid is presented to the Board of County Commissioners for acceptance and for authorization to sell the parcel. County staff has determined that these lots are not required to provide municipal services on Duck Key. The sale of this lot would reduce the County's maintenance costs and liability exposure should Packet Pg. 1994 N.10 someone be injured on the lots, as well as return the lot to the tax rolls. PREVIOUS RELEVANT BOCC ACTION: On 10/16/19, the BOCC adopted Resolution 378- 2019. CONTRACT/AGREEMENT CHANGES: No STAFF RECOMMENDATION: Approval DOCUMENTATION: Appraisal for Parcel ID No. 00379720-000000 Bid Packet for RE00379720 Final Bid Tabulation Sheet Notice of Intent to Award Parcel ID No.00379720 FINANCIAL IMPACT: Effective Date: 1/22/20 Expiration Date: n/a Total Dollar Value of Contract: $22,600.00 Total Cost to County: n/a Current Year Portion: n/a Budgeted: n/a Source of Funds: n/a CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: Yes If yes, amount: $22,600.00 Grant: No. County Match: No. Insurance Required: No Additional Details: Proceeds to be deposited into FUND 316 to replenish land acquisition fund. Possible Revenue REVIEWED BY: Bob Shillinger Completed 01/07/2020 6:22 PM Bob Shillinger Skipped 01/07/2020 5:35 PM Maria Slavik Skipped 01/07/2020 6:20 PM Packet Pg. 1995 N.10 Budget and Finance Completed 01/08/2020 8:04 AM Kathy Peters Completed 01/08/2020 10:04 AM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 1996 N.10.a N EXECUTIVE SUMMARY-PROPERTY A LOT 26,BLOCK 3, CENTER ISLAND,DUCK KEY d Property: Lot 26, Block 3, Center Island, Duck Key, Plat Book 5, Page 82, Monroe County, Florida. Location: Adjacent to the north of 133 Bimini Drive, Duck Key, Monroe County, Florida. This location is south of Overseas Highway (U.S. Highway 1) at Mile Marker 61. 4- Ownership: Monroe County 0 1100 Simonton Street Key West, FL 33040 a� Date of Valuation: November 1, 2019 Date of Report: November 11, 2019 Interest Appraised: Fee simple estate based on the deed restriction prohibiting development with a dwelling unit (non- buildable lot) 0 Land Area: 9,375 square feet(0.22 acre) 0 Shape/Dimensions: Rectangular 75'x 125' Ownership History: Ownership of the subject property is currently held by Monroe County. Monroe County purchased the lot in December, 2017 from Chauncey G. Cozine, IV and Pamela Vasilakis for an indicated sales price of$78,000 (ORB 2885/1754). The grantors purchased the lot in d June, 2000 for an indicated price of$25,000. To the best of our knowledge, the property is not currently listed for sale. Parcel Access: The property is accessible via Bimini Drive. It is not waterfront. a� Real Estate Taxes and Assessments: Parcel ID: 00379720-000000 Alternate Key: 1443418 E 2019 Just/Assessed Value: $78,469 5 JOHNSTON Packet Pg. 1997 N.10.a N 2019 Real Estate Taxes: $0.00 (Exempt) Flood Zone: Zane AE (8). Special flood hazard areas subject to inundation by the 1% annual chance flood.National Flood Insurance Community Panel Number 12087CI 168K, dated February 18, 2005. Easements: There are no known easements or encroachments that would adversely affect the utilization of the subject property for its highest and best use. 0 Soil Conditions: No soil report of the property was provided. It is assumed that the soil is of sufficient load bearing capacity to support the construction of permanent structures. No evidence of any adverse soil conditions at the site was observed upon our visit to the property. Utilities: All public utilities are available in the area. T Land Use Restrictions: No authoritative report of title has been provided or reviewed. There do not appear to be any easements or encroachments that would adversely affect the utilization of the site. > 0 Environmental Study: An environmental risk study was not provided for our review. This appraisal report is based on the assumption that no conditions exist that would adversely affect the utilization or marketability of the property. N Highest and Best Use: Open space and/or accessory uses Present Use: Vacant d Future Land Use: RM (Residential Medium); Monroe County Zoning: IS-M (Improved Subdivision-Masonry); Monroe County 0 Tier Designation: Tier III (Infill Area) Habitat: Undeveloped Land Opinion of Value: $19,600 6. JOHNSTON Packet Pg. 1998 N.10.a CD PHOTOGRAPH OF THE SUBJECT PROPERTY ... � . k Ul AERIAL PHOTOGRAPH OF THE SUBJECT PROPERTY of YC CD CD A / H Source: Monroe County Property Appraisers Office. Boundaries shown are approximate. 4- a� 7 JOHNSTON Packet Pg. 1999 N.10.a CD SUBJECT PROPERTY PLAT QIri � d C�� Ertl sY ah s off» �'r �•®�`� +p i7v a +yam VJ �,� J' g �'Q ��' ! �vpa. t ip ter° r ioo• �h t ii�• � � 41 �r� ���y° �,! Epp � tO ti ij�• por- o ti �1 CL 91 91 cv d J HNSTON Packet Pg. 2000 N.10.b C �ltoN t 00 c� tz m C' °' ° a a 0 1- oCD 1� sCA o m cn0At� o m a. z0 ° �e r r 0 to Z F tom . ni m m Ac o 0 0 3 1, .1 ;11. > c a y o g0C=7 "O� ° rA � c xm ro A NCO a a o b w -4 mID a � ¢ ° -c Q w ~' e7e`� O in C G G = .► "" t� d26 m m S Z CMd O A 2 m 04 ti a O A � � O � O n �w rn m to Cr m 4) C. T m O O� 5 cn Packet Pg. 2001 r.,q > mr Ln CL rL Cr m -0 =: CD 'Ro a CD in 0 CD CD A o CD C— CD Up I > CD CL > RD, C14 C CL CL a CL to Co Ln 8 = C6 0- 'o w CD Ell La a C6 Cri F! rr o FA En 6 C6 w N 2, rr 4L V 0 C13 o 0) (P Co F, z CA) 0 @ CA) CD N fb ft C) W -j 0 = 0 m Er 0 @ o- n Isa 5. 0 to Up R Cr* -4 W (0 Cn 91, 0 0 Co tr 3 MO (D =r IQ cm- 3 0 46 0 too am Ln to' Z L 0 =r CD z M m rr 62 sl 0 3 0 C6 0 CL 0 'n ro 04 V.- w CD 'A 0 0 R, Err W IL 26 0 Packet Pg. 2002 N.10.b NON-COLLUSION AFFIDAVIT 1, Bryan&Christina Lemoine of the city of Cape coral, FL according to law on my oath, and under penalty of perjury, depose and say that; 1. I am Bryan&Christina Lemoine ,the bidder making the Bid pursuant to the Notice of Accepting Bids for: d The Sale of Eleven (11)County-Owned Non-Conservation Density Reduction Lots on Duck Key with a Deed Restriction Prohibiting the Construction of Habitable Space Monroe County, Florida and that I executed the said Bid with full authority to do so; 2. the price in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such process with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 0 January 6,2020 (Signature of Bidder) (Date) STATE OF: Florida COUNTY OF: PERSONALLY APPEARED BEFORE ME,the undersigned authority,,Gyrf� Cp/4T,ClA �sf //,c , p�,�e (name of individual g} who, after first b ' om by me, affixed his/her signature in the space M provided above on this day of 20, N Y My commission expires: ` v �q JEAN B POLYNkCE State of Florida-Notary Public Commission# GG 104143 My commission.Expires reru May 14, 2021 Packet Pg. 2003 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA C14 V.- 6 z (Company) ...warrants that it has not employed,retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation oft is provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, 4- deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, 0 percentage,gift, or consideration paid to the former County officer or employee". .2 0 6---ZIOZ-6 (Signature) (Date) STATE OK COUNTY OF 0 PERSONALLY APPEARED BEFORE ME,the undersigned authority, 2z.(J1 who,after first being sworn by me,affixed his/her C14 V.- the space provided (Name of individual signing) W 0 Above on this day o 20" NOTA#LU*C- 2 :2 co My commission expires.,Z�7/,W, E JEAN 8 POLYNICE I Packet Pg. 2004 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA C14 V.- 6 z (Company) warrants that it has not employed,retained or otherwise had act an its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any County officer or -19 19 employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision 4- the County may, in its discretion, terminate this contract without liability and may also, in its discretion, 0 deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, .2 M percentage,gift,or consideration paid to the former County officer or employee". (n 0 --------------- 2 .................................. (Signature) (Date) STATE OF 0 COUNTY OF 0 PERSONALLY APPEARED BEFORE ME,the undersigned authority, C14 V.- who. after first being sworn by me,affimed his/her Si &—V9!F in the space provided W 4ammne of�individualsign in ) _ 0 Above onthis dayo 20" QL NOTA UB E My commission expires:A!7/ JEAN 13 POLYNTC S state of Florida-Notary Public '= Commission# GG 104143 P114' My Commission,Expires May 14, 2021 ................. Packet Pg. 2005 N.10.b Bid Deposit KNOW ALL MEN BY THESE PRESENTS;,that we Bryan and Christina Lemoine (Here insert full name and address or legs{title of Bidder) td V.- as Principal,hereinafter called the Principal,are held and firmly bound unto Monroe County Board of County Commissioners as Obligee,hereinafter called the Obligee,in the sum of Dollars($ :�- (o O`er �,which is o -T*o v Se na ten(10)percent(°s`n)of the underlying bid amount of i pp Dollars (Here insert dollar amount of underlying bid) for the payment of which sum well and truly to be made,the said Principal,bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents WHEREAS,the Principal has submitted a bid for RE00379720-000000 (Here insert full Parcel M Number) a 0 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall-enter a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract. This Bid Deposit will be applied to the purchase price should the Principal be awarded the Contract. The Principal understands the Bid Deposit will be retained by the County until(a)the contract has been executed,or(b)the ninety-first(91 st)day after the Bid opening,or(c)all Bids have been rejected. 0 Signed and ealed this 6th day of Janya r S wu W nn ✓ IfA Y (Witness) (Principal) (Seal) (Title) {Witness E Packet Pg. 2006 ai f80a eM )Iona joeleS ez'aoy;n sae pq ;dOOOV 0; f Aoadd ) eeu Leo'; IreqejL p!E3 leui :;uewgo ;; c o c r N Z al a m U U } a O Q } G a z 0 0 0 0 0 0 0in Z o o o ° rn O LU0 0 0 C o M O cs J Q I m O N I O O Ln O N J N m Z m OQ LL � O Z W a W zZ GG L W � M z � A oC 0 0 0 � '0 7 Q � LU Lu th w O O O O O O O u H Lu Q p Z COO O O O O O O a, L Z O O O O O O O O — i..i GC 2 p ' O O O O O O O O a L ILQ � N ZUw z o o O O o O a °' c a Z p O W O N N O O O t N Z W O N Z = o� rn rn 0 0 � 0 >o FBI G J 00 I" r" r" 00 00 CM (' ^ W Z w ('M ('M ('M ('M ('M ('M rf) p rn o C7 U 00 O O 00 00 O 00 - LU N J Z Z 0� ('M O O ('M ('M O ('M Q O w w O O w O� � � N cn Q Q m O d O O O O o cn 02QZ ' COW w ^ Z O a 0 o 0 0 0 0 0 0 ¢ in in a Vj Z co O O O O O O O y o Q U �Z Q } L G ^ m V u N Z LU a U o in o 00> o O W aJ H c J E a W U to a W J U U L J J U } L O W w Lru () L L in W LU 0 co , L ro ro U a L w rp J G z L .� Y L L N w a- - Q Q a O Q O O = N '- a > aU) U - U U N O in � s o in W = w r) CO 3ru t o } o LU LL N L �' U J LU o Q NBC v En H V) CO ai I83J eM )Iona joeleS ez'aoy;n sae pq ;dOOOV 0; f Aoadd ) ;eeq uo'; IreqejL p!E3 leui :;uewgo ;; o o c r N Z al a m U U } a Q O O in a z O O Z o o a, O W � o u -a HQ p ON °' u Z oo OQ HU. = } � O Z W a W O NOS L M A ZWH ZH ._ oC O O Q � WH LU w O O u ZHWQ GZ � CO o o L N = O ' O o o a L N Z W } Wa. UW z O O a o W = s W Z N Z = 0 N N j ZpOm ^ GHEE w coo ccoo r. o a a � ZQ � Z U o o °�' W m J 0 � N O Q ww ww N in Ox ca V 02QZ SCOW mow„ -a — GG n 04 O in in a W w co O O � cn O � Z W � ~ O o can L. N o O > H ca .� W (n C u L. a JW Q) � � � � u-s W cn u t t L � W z a `n w c w � in O LU W p � N 0 rp ro Jp z0 g O Q (n in a a W = Z o in w `� co } vim cN o CO } 0 JL >'� r- W co 0 N u- i..i �L CD v L. } O m H CO N.10.d BOARDF COUNTY ISS1 N Mayor Heather Carruthcrs„Di,,striii a 3 Mayor Pro Tenn Michelle Coldiron,District 2 N The Florida Keys Craig Cates,District I Dar id Rim,1;Vmu u;,t 4 c�a S)Kin J,MurFh%,D aria„t 5 Robert B.Shillinger,County Attorney" Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney 6 Cynthia L.hall,Assistant County Attorney** 1111 12ie Street,Suite 408 Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040 Derek W.Howard,Assistant County Attorney** (305)292-3470 Phone Steven T.Williams,Assistant County Attorney** (305)292-3516 Fax Pcter H.Morris,Assistant County Attorney** Patricia Eables,Assistant County Attorney Paunece Scull,Assistant County Attorney Joseph X.Diovo,Assistant County Attorney *�Board Certified in City,County&Local Govt.Law 4- 0 January 8, 220 a 0 To: All Bidders Re: Notice of Intent to Award a Contract For Sale of Duck Key Parcel ID No. 00379720-000000 To Whom It May Concern: c This letter will serve as notice of Monroe County's intent to award a contract to Bryan and Christina Lemoine, the highest bidder for Duck Key Parcel ID No. 00379720-000000 at the January 22, 2020, Meeting of the Board of County Commissioners. N Monroe County Purchasing Department received bids for the Sale of Duck Key Parcel ID No. 00379720-000000 on January 7, 2020. d Sincerely, Z Paunece Scull 3 Assistant County Attorney c tm tm 4- 0 0 0 tm Packet Pg. 2009