Item N11 N.11
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.11
Agenda Item Summary #6430
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
None
AGENDA ITEM WORDING: Approval to Accept Bid and Authorize Sale of Duck Key Non-
Conservation Density Reduction Lot Parcel ID No. 00379820-00000 for $21,000.
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 process 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 were placed out for bid in December of 2019. The request for bids was
advertised in the Key West Citizen on December 71' and December 141'. 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.
Notice was also published online at wavy OIc")"rIl a"lrublicriotice�,co �_i, on the County's website,
DemandStar.com, and www.MonroeCountybids.com. The request for bids was also publicized on
social media.
Each parcel had a minimum bid established by an appraisal. The minimum bid for Parcel ID No.
00379820-000000 was $19,900.
Bids opening was January 7, 2020. The highest Bid for Parcel ID No. 00379820-000000 was
$21,000.00 and is presented to the Board of County Commissioners for acceptance and authorization
to sell. The Board reserves the right to reject any and all Bids.
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
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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:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Appraisal for Parcel ID No. 00379820-000000
Bid Packet
Notice Intent to Award
Final Bid Tabulation Sheet
FINANCIAL IMPACT:
Effective Date: 1/22/2020
Expiration Date: n/a
Total Dollar Value of Contract: $21,000.00
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: $21,000.00
Grant: No.
County Match: No.
Insurance Required: No.
Additional Details: Proceeds to be deposited into FUND 316 to replenish land acquisition
fund.
Potential Revenue
REVIEWED BY:
Bob Shillinger Completed 01/07/2020 6:23 PM
Bob Shillinger Skipped 01/07/2020 5:35 PM
Budget and Finance Completed 01/08/2020 8:04 AM
Maria Slavik Skipped 01/07/2020 6:23 PM
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Kathy Peters Completed 01/08/2020 10:29 AM
Board of County Commissioners Pending 01/22/2020 9:00 AM
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EXECUTIVE SUMMARY-PROPERTY C
LOT 34,BLOCK 3, CENTER ISLAND,DUCK KEY
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Property: Lot 36, Block 3, Center Island, Duck Key, Plat Book 5,
Page 82, Monroe County, Florida.
Location: Adjacent to the east of 1103 S. Indies Drive, Duck Key,
Monroe County, Florida. The subject property has
frontage on Bimini Drive. This location is south of
Overseas Highway (U.S. Highway 1) at Mile Marker 61.
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Ownership: Monroe County
1100 Simonton Street
Key West, FL 33040
Date of Valuation: November 1, 2019
Date of Report: November 11, 2019
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Interest Appraised: Fee simple estate based on the deed restriction
prohibiting development with a dwelling unit (non-
buildable lot)
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Land Area: 7,950 square feet
Shape/Dimensions: Slightly irregular dimensions
75.00'x 95.79', more or less
Ownership History: Ownership of the subject property is currently held by 00
Monroe County. Monroe County purchased the lot in
December, 2017, from Harold Kirchner and Donna
Kirchner for an indicated sales price of $81,000 (ORB d
2884, Pg. 2244). The grantor acquired the lot in
September, 2006 for an indicated sales price of$150,000.
To the best of our knowledge, the property is not
currently listed for sale.
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Parcel Access: The property is accessible via Bimini Drive. It is not
a�
waterfront.
Real Estate Taxes and Assessments:
Parcel ID: 00379820-000000 E
Alternate Key: 1463515
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JOHNS' 'ON
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2019 Just/Assessed Value: $72,266
2019 Real Estate Taxes: $0.00 (Exempt)
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Flood Zone: Zone AE (8). Special flood hazard areas subject to
inundation by the 1% annual chance flood. National
Flood Insurance Community Panel Number
12087C 1168K, dated February 18, 2005.
Easements: There are no known easements or encroachments that
would adversely affect the utilization of the subject
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property for its highest and best use.
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.
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.
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. 00
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Highest and Best Use: Open space and/or accessory uses
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Present Use: Vacant
Future Land Use: RM (Residential Medium); Monroe County
Zoning: IS-M (Improved Subdivision-Masonry); Monroe County
Tier Designation: Tier III (Infill Area)
Habitat: Undeveloped Land
Opinion of Value: $19,900
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JOHNSTON
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PHOTOGRAPH OF THE SUBJECT PROPERTY
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AERIAL PHOTOGRAPH OF THE SUBJECT PROPERTY
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Source: Monroe County Property Appraisers Office. Boundaries shown are approximate.
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BID T : MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 6
CIO PURCHASING DEPARTMENT Z
1100 SIM NT N STREET,, O h1 2-21 ®_
KEY WEST,FLORIDA 33040
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BID FROM: Philip Kircher ILm
1103 South Indies Drive
Duck Key,FL 33050
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1'hc undersigned,having carefully ex,airwined the parcel aind ell documentation referenced a! m�u ru luuanu7r[mne a.,;l,u,un:u�m�1 q:,li u,,,llbuipa II,U,;yil upl,,,,fear 0
The sale or Eleven(11)County- weed Non-Conservation r!5
Density Reduction Lots on Duck key with n DeedRe-friction Prohibiting the Construction of Ila imhle space
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Monroe County,Florida
and having carefully examined the property,having become familiar with all Federal„State,and local laws,ordinances,rules and regulations affecting the
parcel,does hereby propose to purchase the following dce&restricted parcel
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The undersigricclshall purchase the following,parcel(s) , RE00379820-0,00000 ._.
(Wnte Parcel ID.,numbers)
at the price below
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Twenty One thousand ( �6i
(Total Base Bid-words) m
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121,0000 . .........................................................................................................
("total lease Hid-numbers)
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Bidder acknowled,p,^ at this Fled sew not indusive of all cosis for closing the tmnsaction. The Oiaddur understands that he will be responsible for all closing 0
costs and attisr<t fe ksoc led with this tramaction, �
12131/21 6
�. --sornwOwner
Signatu�Xc Date
° p included the s po�al hic entails live E3id 1 u the Nnit-Collusion
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A�fV�davitled ,t € Le byin�dandtcanflict f1 tcre,;,tt lause andthc lid paiwitmm ....,,
(The above Is intended as a courtesy review checklist of the required bid items. However,it does not imply that these are the only items needed. It �
is the Bidders responsibility to provide sill required hid items.)
Mailing Address ilip Kircher
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1103 South Indies Drive
Duck e L 33050
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Phone NumbLv
5- ®3201
Email Address ps ircher f
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f)atc 12/31/2019 Signed Scale Owner M
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Kircher
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Resident
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Bid Deposit
KNOW ALL MEN BY THESE PRESENTS,that .. ......._.K I r..c It e r I 1 0 3 S o q t h Indies Drive Duck,Key FL 3305(
.. .................... .. .. ........... .....................................................................................................................................
(Here iriserl ffillinan-ic and address nr legal title of Bidder)
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
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Two thousand on re ollars($_2 100.00
which is
ten(10)percent(%)of the underlying bid amount of twently One thousand Dollars
............................... 6
(Flare onsert dollar arnouni ofunderlying bid) z
for the payment of which sum well and truly to be made, the said Principal, in ourselves,our heirs,
executors,administrators,successors and assigns,jointly and severally,firmly by these presents
WHEREAS,the Principal has submitted a bid for RE00379820-000000 19....................................................................
(I lere rnwrt roll Parcel ID Number)
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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 0
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(9 Ist) are after the Bid opening, or(c)all Bids have been rejected.
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Signed and sealed this, 31 day of December 2019
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("Xitness) (Principal) (Sea[)
Resident
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(Title)
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(Witness)
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NON-COLLUSION AFFIDAVIT
1, Philip Kircher of the city of unincorporatect,Monroe countyaccording to law on my
oath, and under penalty of perjury, depose and say that;
1. I am Philip Kircher
the bidder
making the Bid pursuant to the Notice of Accepting Bids for:
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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
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Monroe County, Florida z
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, a.
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;
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3. unless otherwise required by law, the prices which have been quoted in this bid 0
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
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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.
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o e Owner 1213112019 >
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(Signature of Bidder) (Date) CL
STATE OF: +_L10 RA rz A
COUNTY OF: �_X 0 t-J co IL
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PERSONA L�I[ Y`APPEARED BEFORE the undersigned authority,
ing
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........ (na e of i�Zry I sij� ) who, after first being sworn by me, affixed his,�her signature in the space
provided above on this day of Jrvrvrvrvry 20ZO' E
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NOTARY PUIBLIC
My commission expires: 2,2s
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
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Philip Kircher
...........
(Company)
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... 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,
deduct from the contract or purchase price,or otherwise recover, the full amount of any fee, commission,
percentage,gift,or consideration
P tl former County officer or employee".
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e Owner 12/31/2019
(Signature) (Date) 0
STATE OF
...............
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COUNTY OF 1-�0 Rzlie!�
.................. 0
S ALLY
APPEARE'D, FORE ME,the undersigned authority, >
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who, after first being sworn by me,affixed his/her
Signature
.................. in the space provided
( me of individual signing)
Above on this 2— day of 200
......................
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NOTARY PUBLIC
mony PUN=Stm of Fimsda
Susan M Corbin
My CAurammW GG OIW21 My commission expires: �ZZZ13
Emma osar=6aw,w�j
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BOARD OF COUNTY COMMISSIONERS
County Of MODrOe Mayor I leather(aiauihcri.Rstn,,�L 3
Mayor Pro Tern Michelle Coldiron,District 2
The Florida Keys Craig Cates,District I
Da%id R i(,c,,Diarict gl$
55hiaJ,Nlurph�,Distiria 5
Robert B.Shillinger,County Attorney"
Pedro J.Mercado,Assistant County Attorney*• Office of the County Attorney Q
Cynthia L.Hall,Assistant County Attorney* I 111 12"Street,Suite 408
Christine Limbers-Barrows,Assistant County Attorney** Key West,FL 33040
Derek V.Howard,Assistant County Attomey*• (305)292-3470 -Phone C14
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Steven T,Williams,Assistant County Attorney" (305)292-3516—Fax
Peter H.Morris,Assistant County Attorney**
Patricia Fables,Assistant County Attorney
Paunece Scull,Assistant County Attorney
Joseph X.DiNovo,Assistant County Attorney 6
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Board Certified in City,County&Local Govt Law
January 8, 2020
To: All Bidders 4-
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Re:Notice of Intent to Award a Contract (n
For Sale of Duck Key Parcel ID No. 00379820-000000
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To Whom It May Concern:
This letter will serve as notice of Monroe County's intent to award a contract to Philip Kircher, the
highest bidder for Duck Key Parcel ID No. 00379820-000000 at the January 22, 2020, Meeting of the
Board of County Commissioners.
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Monroe County Purchasing Department received bids for the Sale of Duck Key Parcel ID No.
00379820-000000 on January 7, 2020. >
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Sincerely,
QW) WWI 0
Paunece Scull
Assistant County Attorney
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