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Item N12 N.12 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.12 Agenda Item Summary #6431 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 Sell Duck Key Non-Conservation Density Reduction Lot Parcel ID No. 00380240-00000 for $20,000. 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 that was established by an appraisal. The minimum bid for Parcel ID No. 00380240-000000 was $18,800. Bids were opened on January 7, 2020. The highest Bid for Parcel ID No. 00380240-000000 was $20,000.00 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 Packet Pg. 2025 N.12 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. 00380240-000000 Final Bid Tabulation Sheet Bid Packet Notice of Intent to Award FINANCIAL IMPACT: Effective Date: 1/22/2020 Expiration Date: n/a Total Dollar Value of Contract: $20,000.00 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: $20,000.00 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 6:31 PM Bob Shillinger Skipped 01/07/2020 5:38 PM Budget and Finance Completed 01/08/2020 8:06 AM Maria Slavik Skipped 01/07/2020 6:30 PM Packet Pg. 2026 N.12 Kathy Peters Completed 01/08/2020 10:11 AM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 2027 N.12.a cv EXECUTIVE SUMMARY-PROPERTY D 00 LOT 3,BLOCK 6, CENTER ISLAND,DUCK KEY d Property: Lot 3, Block 6, Center Island, Duck Key, Plat Book 5, Page 82, Monroe County, Florida. Location: Adjacent to the northeast of 141 S. Indies 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: 7,500 square feet(0.17 acre) 0 Shape/Dimensions: Rectangular 75.00'x 100.00' Ownership History: Ownership of the subject property is currently held by Monroe County. Monroe County purchased the lot in July, 2018 from 141 PPH Properties, LLC, for an 00 indicated sales price of $85,000. (ORB 2916, Pg. 418). To the best of our knowledge, the property is not currently listed for sale. Parcel Access: The property is accessible via S. Indies Drive. It is not waterfront. Real Estate Taxes and Assessments: Parcel ID: 00380240-000000 Alternate Key: 1463931 2019 Just/Assessed Value: $68,850 2019 Real Estate Taxes: $0.00 (Exempt) E 17 JOHNSTON Packet Pg. 2028 N.12.a cv Flood Zone: Zone AE (8). Special flood hazard areas subject to 00 inundation by the 1% annual chance flood. National Flood Insurance Community Panel Number d 12087C 1168K, 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. 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. 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. Highest and Best Use: Open space and/or accessory uses N Present Use: Vacant 00 M Future Land Use: RM (Residential Medium); Monroe County d Zoning: IS-M (Improved Subdivision-Masonry); Monroe County Tier Designation: Tier III (Infill Area) Habitat: Undeveloped Land a� Opinion of Value: $182750 1'8 HN5TON Packet Pg. 2029 N.12.a CD Iq N CD PHOTOGRAPH OF THE SUBJECT PROPERTY 00 CD CD 0 a s�� w� it a//,/ut i Yr! /✓GfII,' f� i� r: dl�il'�/��2rm/'m m � t%liar✓�% �//i�/r� "'u I / u ���i����Y�r1/ i /�%///j�'��/ ��� i 11 � ✓�/fJ��{rll 0 i n,/� i lli/p/� � 'Nl /i i r ,� mr ',„ o,�V?7aj ti r y, �✓�� �rol %��1� ' (aym�l�;,l�/�� � wi T CL AERIAL PHOTOGRAPH OF THE SUBJECT PROPERTY 0 i ` r C14 00 CD CD Source: Monroe County Property Appraisers Office. Boundaries shown are approximate. 19 JOHNSTON Packet Pg. 2030 N.12.a CD Iq cv SUBJECT PROPERTY PLAT CD CD CD •. ® �ry d' O,.B dP,2P.9' If OS b4YM °S !/I7l ,tl�.^P' ,. 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L CD Cr m Q. w A Cf 04 eb N Packet Pg. 2034 N.12.c Ln Q C7 3 b a, o a. 0 CL o GO g 3 a. o p r, mCL y f�D lag � � Cr•� 0 H V7 CD Cr mCD Q T m 0 '•* CD rA CD C CL u I 0A CA d ([1 R y v .•� ,n� rc�t`n� O o F, .1 `CD-' rA vdi c Q `''.QCD n r� N w d h a t" o rL ro O $ CL D e CL ti b CL. a C pL WrL - r 0 y R in En M ar E rr f0 cc mto in m v 1171 C fG Gn O � O R N CD z a In Q ., ft o � N P~T d• QQ Packet Pg. 2035 N.12.c NON-COLLUSION AFFIDAVIT I, _3 c R_ MAW 09SE�the city of according to law on my oath, and under penalty of perjury, depose and say that; 1. 1 am SEOWN � the bidder making the Bid pursuant to the Notice of Accepting Bids for: 00 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 c 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 a 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 Cl 20 c ?((Signat of Bidder) SoC'c- (Date) T1STATE OF: 4 COUNTY OF: Arffo IL PERSONALLY APPEARED BEFORE ME,the undersigned authority, hi. r Y1U 5 (name of individual signing) who, after first being sworn by me, affixed his/her signatnic in the space 0 provided above on this I'o day or ADA202Q. - ca /t17� NOTARY PUBLIC": My commission expires: OjjoLef 02_3 ��A A JANNY OLIVA lPn Notary Public,State of FVoroda Oommission#GG 921217 My romm expires Oddwr 9,2922 Packet Pg. 2036 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA 91 It A C14 PIN L�a AA .&AI U Q 00 (Company) 6 z a warrants that it has not employed,retained or otherwise had act on its behalf any former County officer -6 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 of this 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 paid to the former County officer or employee". 4- 0 ..............Y-� Signatur S d WNW. (Date) 0 STATE L11 _LA COUNTY OF_&Val(O 0 PERSONALLY APPEARED BEFORE ME, the undersigned authority, > 0 tp-womto who,after first being sworn by me,affixed his/her Signatur n the space provided an ofindividual signing) Above on this day of 1cm%JaYQ 20-W E NOTARY PUBLIC A I My commission expires: VC/ ----------------------- JANNY oLkVA Notary Public,State of Florida Commission#GG 921217 My oDmm expires October 6,2023 Packet Pg. 2037 N.12.c Bid Deposit KNOW ALL MEN BY THESE PRESENTS,that we Ur 1 � "Ar&o u S f t� (Here insert full name and address or legal title of Bidder) as Principal,hereinafter called the Principal,are held and firmly bound unto Monroe County Board of County Commissioners �asrObligee,hereinafter called the Obligee,in the sum of 1020 - 1 BTUO S"D Dollars which is 00 ten(10)percent(n/o)of the underlying bid amount of 2-01 000 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 M IL o03 0 �WHEREAS,the Principal has submitted a bid For RE (Here insert full Parcel ID Number) 4- 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(91st)day after the Bid opening,or(c)all Bids have been rejected. �A n � Signed and sealed this day of,,,,,,,,,,,,V I`O 20 � o 0 (Witness) 3CXY1VL 0W/0L Principal (Seal) .� c IL S 0 L F- E12- (Title) c (Witness) CACfzY F at u c Packet Pg. 2038 N.12.d BOARDCOUNTY COMMISSIONERS Mayor I lcathcr CarrothaYrs DcstrucO Mayor Pro Tern Michelle Coldiron,District 2 The Florida Keys a Craig Cates,District I David Mice,Dist a 4 _ S)Ma J Murph,l Diwtrid 5 Robert B.Shillinger,County Attorney" Pedro J.Mercado,AssistantCounty Attorney** Office oft the County A orey Cynthia L.Hall,Assistant County Attorney** I I l 1 12l Street,Suite 408 Christine Li bert-Barrowvs,Assistant County Attorney** Key West,FL 33040 Derek V.Howard,Assistant County Attorney** (305)292-3470 Phone Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax 00 Peter H,Morris,Assistant County Attorney** Patricia Eables,Assistant County Attorney Paunece Scull,Assistant County Attorney Joseph X.Diovo,Assistant County Attorney **Board Cenified in City,,G;'ounty&Local Govt,Law ca January , 2020 To: All Bidders Re: Notice of Intent to Award a Contract For Sale of Duck Key Parcel ID No. 00380240-000000 To Whom It May Concern: This letter will serve as notice of Monroe County's intent to award a contract to Jennifer Magnussen, the highest bidder for Duck Key Parcel ID No. 00380240-000000 at the January 22, 2020, Meeting of the Board of County Commissioners. 0 Monroe County Purchasing Department received bids for the Sale of Duck Key Parcel ID No. 00380240-000000 on January 7, 2020. Sincerely, 0 QOW&UU Paunece Scull Assistant County Attorney 0 0 0 Packet Pg. 2039