Item F3 F3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
September 11, 2024
Agenda Item Number: F3
2023-2966
BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of a contract to purchase Tier 3 property for density
reduction Lot 16, Stillwright Point Plat No. 1 near mile marker 105 from G & E 99 Properties, LLC for
the price of$400,000.
ITEM BACKGROUND:
This acquisition is proposed to protect property rights, to reduce density, to reduce the County's
potential liability for takings suits, and to provide a location for the Stillwright Point Road
Elevation/Drainage/Pump Station construction. The Monroe County Land Authority (MCLA)
negotiated the proposed agreement on the Board's behalf pursuant to an interlocal agreement between
MCLA and the County authorizing MCLA to administer the County's Density Reduction Acquisition
Program.
The subject property is located on N Blackwater Lane on the bay side of Key Largo.
Purchase Price and Estimated Closing Costs:
• Purchase Price: $400,000.00
• Cost of Appraisal: $1,900.00
• Cost of Survey: $0.00
• Title Fees &Insurance: $2,550.00
• Attorney Fee &Notary Fee: $725.00
• Recording Fees: $35.50
• Total Costs: $405,210.50 (estimated)
Attributes of the Subject Property:
• ParcelID#: 00514490-000000
• Size: 6,300 square feet
• Tier Designation: Tier 3
• Zoning Designation: Improved Subdivision (IS)
• Future Land Use Map Designation: Residential Medium (RM)
• Vegetation: Mix of undeveloped and developed Land.
• Florida Forever Boundary: This property is outside the Florida Forever boundary.
• Transferrable Development Rights (TDRs): 1 TDR
• Cost per TDR: $400,000
• ROGO Dedication Points: 5 points
• Cost per ROGO Dedication Point: $80,000
• Lot has a valid, unexpired building permit with a ROGO allocation; however, the ROGO
allocation will not be used and will be returned to ROGO (LDC 138-26).
This site is within the Stillwright Point neighborhood where the County has obtained a grant and is
currently designing a Road Elevation project to eliminate flooding of roadways. County Staff
identified this lot, along with an adjacent parcel also on this agenda for approval, as suitable for
placement of the required pump station.
The first appraisal of this site was $280,000. A second appraisal of the site is pending and is expected
to be received before the 9/11/24 BOCC meeting. The negotiated purchase price is $400,000 plus
closing costs outlined above. The seller is a developer and was planning on building a home and
receiving a profit upon sale; therefore, they were not willing to negotiate a lower price. The site
obtained a permit through the permitting system with a ROGO allocation. This means the developer
has an active permit for construction. Following this purchase, because the permit will not be
consummated, the permit will be withdrawn or voided, and the allocation will be returned to the
County. The Land Authority cannot keep the allocation because the only way in the code to keep the
allocation is for the structure to receive a Certificate of Occupancy.
This is the one of two purchases of neighboring lots that are owned by separate but related legal
entities. When both purchases are combined, the total purchase price will exceed $500,000, which, if
one purchase would require the need for two appraisals. The second appraisal has been ordered in an
abundance of caution. The County Attorney has advised that because each lot is owned by a separate
legal entity, each transaction must be treated separately. The County Attorney has further advised that
even though the purchase price of each lot exceeds the appraised price of the first appraisal, this
purchase may be approved by a simple majority vote because the extraordinary vote requirement only
applies to purchases in excess of $500,000, where two appraisals are required. See, F.S. 123.355(1)
(b).
125.355 Proposed purchase of real property by county; confidentiality of records;procedure.
(1)(a) In any case in which a county,pursuant to the provisions of this section, seeks to acquire by
purchase any real property for a public purpose, every appraisal, offer, or counteroffer must be in
writing. Such appraisals, offers, and counteroffers shall not be available for public disclosure or
inspection and are exempt from the provisions of s. 119.07(1)until an option contract is executed or, if
no option contract is executed, until 30 days before a contract or agreement for purchase is considered
for approval by the board of county commissioners. If a contract or agreement for purchase is not
submitted to the board of county commissioners for approval, the exemption from s. 119.07(1)will
expire 30 days after the termination of negotiations. The county shall maintain complete and accurate
records of every such appraisal, offer, and counteroffer. For the purposes of this section, the term
"option contract" means a proposed agreement by the county to purchase a piece of property, subject to
the approval of the local governing body at a public meeting after 30 days' public notice. The county
will not be under any obligation to exercise the option unless the option contract is approved by the
governing body at the public hearing specified in this section.
(b) If the exemptions provided in this section are utilized, the governing body shall obtain at least one
appraisal by an appraiser approved pursuant to s. 253.025 for each purchase in an amount of not more
than $500,000. For each purchase in an amount in excess of$500,000, the governing body shall obtain
at least two appraisals by appraisers approved pursuant to s. 253.025. If the agreed purchase price
exceeds the average appraised price of the two appraisals, the governing body is required to approve the
purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an
amount of$100,000 or less from the requirement for an appraisal.
PREVIOUS RELEVANT BOCC ACTION:
On September 21, 2022 the Board approved the Third Amended and Restated Interlocal Agreement
between MCLA and the County authorizing MCLA to administer the County's Density Reduction
Acquisition Program.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Aerial Photograph
Property Record Card.pdf
Purchase Agreement executed
FINANCIAL IMPACT:
Effective Date: September 11, 2024
Expiration Date: None
Total Dollar Value of Contract: $400,000.00 plus estimated closing costs of$5,210.50 (estimated)
Total Cost to County: $405,210.50 (estimated)
Current Year Portion: $405,210.50 (estimated)
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: To be determined
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing:No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes, will be covered by County's liability policy
Additional Details: $400,000 plus estimated closing costs of$5,210.50 (estimated)
Lot 16, Stillwright Point Plat No. 1
Key Largo
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Monroe County, FL
**PROPERTY RECORD CARD**
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data
provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you
hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for
any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00514490-000000
Account# 1633763
Property ID 1633763
MillageGroup 500K
Location 44 N BLACKWATER Ln,KEY LARGO
Address
Legal LT 16 STILLWRIGHT POINT PLAT NO 1 KEY LARGO OR449-391 OR382-576/77
Description OR821-1120 OR1004-2046/48 OR1089-2267/68 OR1089-2269/70 OR1158-1518
OR1294-2050 OR1634-575 OR1621-677 OR2272-25 OR3101-2378 OR3113-23 "pia
II4W,'P',auIbeir,udou,Ilu.c dducijIIm.Inil',°x.)
Neighborhood 1862
Property Class VACANT RES(0000)
Subdivision STILLWRIGHT POINT NO 1
Sec/Twp/Rng 01/61/39
Affordable Now+
Housing
Owner
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11543 SW 150th PI
Miami FL33196
Valuation
2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values
+ MarketlmprovementValue $0 $0 $0 $0
+ MarketMiscValue $1,279 $1,326 $0 $0
+ Market Land Value $95,445 $133,623 $69,993 $25,452
= Just Market Value $96,724 $134,949 $69,993 $25,452
= Total Assessed Value $96,724 $134,949 $13,474 $12,249
School Exempt Value $0 $0 $0 $0
= School Taxable Value $96,724 $134,949 $69,993 $25,452
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2022 $133,623 $0 $1,326 $134,949 $134,949 $0 $134,949 $0
2021 $69,993 $0 $0 $69,993 $13,474 $0 $69,993 $0
2020 $25,452 $0 $0 $25,452 $12,249 $0 $25,452 $0
2019 $25,452 $0 $0 $25,452 $11,135 $0 $25,452 $0
2018 $23,861 $0 $0 $23,861 $10,123 $0 $23,861 $0
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Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 6,300.00 Square Foot 0 0
Yard Items
Description Year Built Roll Year Size Quantity Units Grade
CH LINK FENCE 2020 2022 160 x 0 1 640 SF 1
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
6/14/2021 $100 Warranty Deed 2330443 3113 23 11-Unqualified Vacant
5/21/2021 $125,000 Warranty Deed 2322725 3101 2378 01-Qualified Vacant
2/17/2000 $12,000 Warranty Deed 1621 0677 Q-Qualified Vacant
2/1/1994 $27,000 Warranty Deed 1294 2050 U-Unqualified Vacant
1/1/1991 $1 Warranty Deed 1158 1518 M-Unqualified Vacant
12/1/1986 $1 Warranty Deed 1004 2046 M-Unqualified Vacant
Permits
Date
Number Datelssued Completed Amount Permit Type
Notes 0
22300566 11/7/2023 $468,308 Residential PERMIT APPROVAL FOR THE CONSTRUCTION OF A 2292 SQ FT SINGLE FAMILY RESIDENCE WITH
297 SQ FT STORAGE,1886 SQ FT CARPORT/BREEZEWAY,1995 SQ FT 1ST FLOOR,190 SQ FT
TERRACES AND 2400 SQ FT METAL ROOF AS PER APPROVED PLANS.
View Tax Info
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this 26th day of August , 20247 by and
between
G & E 99 Properties, LLC
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns,
and MONROE COUNTY, FLORIDA (hereinafter "COUNTY").
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is hereby
acknowledged, the Seller(s) agree to sell to the COUNTY certain lands upon the terms and
conditions hereinafter set forth, and for the price of $400,000.00 for all of the lands and other
interests, which lands shall include all tenements, hereditaments, together with all water and other
rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of
ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of
Florida, more particularly described as follows; to-wit:
Lot 16, Stillwright Point Plat No. 1 (PB 4-117)
Parcel ID# 00514490-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey
to the COUNTY the fee simple title together with legal and practical access thereto clear, free and
unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities.
The COUNTY, at the COUNTY'S expense, within the time allowed to deliver evidence of title and
to examine same, may have the real property surveyed and certified by a registered Florida
surveyor. If the survey discloses encroachments on the real property or that improvements located
thereon encroach on setback lines, easements, lands of others, or violate any restrictions, contract
covenants, or applicable governmental regulations, the same shall constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
COUNTY shall have sixty (60) days from the Effective Date in which to examine title. If title is found
defective, the COUNTY shall, within this specified time period, notify Seller(s) in writing specifying
defect(s). If the defect(s) render title unmarketable the Seller(s)will have one hundred twenty (120)
days from receipt of notice within which to remove the defect(s). The Seller(s)will use diligent effort
to correct defect(s) in title within the time provided therefore, including the bringing of necessary
suits, failing which the COUNTY shall have the option of either accepting the title as it then is or
rescinding the Agreement herein.
3. The Seller(s)further agree not to do, or suffer others to do, any act by which the value or title to said
lands may be diminished or encumbered while this Agreement is pending. It is further agreed that
any loss or damage occurring prior to the vesting of satisfactory title in the COUNTY by reasons of
the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the
�� 1
Seller(s); and that, in the event any such loss or damage occurs, the COUNTY may, without liability,
refuse to accept conveyance of said lands.
4. The Seller(s) further agree that during the period covered by this instrument officers and accredited
agents of the COUNTY shall have at all reasonable times the unrestricted right and privilege to enter
upon said lands for all proper and lawful purposes, including examination of said lands and the
resources upon them. The Seller(s) hereby waive their rights to any and all claims against the
COUNTY or the State of Florida associated with, or arising from ownership of, said lands and this
waiver shall survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY a good and sufficient deed of warranty conveying to the COUNTY a marketable title to
the said lands of such character as to be satisfactory to the legal counsel of the COUNTY and said
deed shall provide that the use, occupation and operation of the rights-of-way, easements and
reservations retained therein, shall be subordinate to and subject to such rules and regulations as
may be prescribed by the COUNTY governing the use, occupation, protection and administration of
lands.
6. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other
interests at the price of $400,000.00. The COUNTY further agrees that, after the preparation,
execution, and delivery of the deed, and after the legal counsel of the COUNTY shall have approved
the title thus vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase price. The
COUNTY shall pay the following expenses associated with the conveyance of the property: deed
recording fees, settlement fees, abstract fees, title examination fees, the Buyer's attorney's fees,
and title insurance, as well as the prorata share of prepaid real property taxes allocable to the period
subsequent to the vesting of title in the COUNTY, or the effective date of possession of such real
property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary
stamps to be affixed to the deed and the removal of trash, debris, and structures from the property,
if any, and real estate commissions, if any. Full possession of the premises shall pass to the
COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in
Section 2 above.
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the COUNTY will be obtained by
the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY any
documents in Seller(s)'s possession establishing evidence of title including, but not limited to,
abstracts, title commitments, title policies and opinions of title.
8. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the COUNTY, whether or not such taxes and assessments are then
due and payable.
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s)
at the following address:
11543 SW 150 Place Gregory Pardo, Agent
Miami, FL 33196 Harbour 99 Properties, Inc.
arbour bellsout .net
C7)
2
and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
12. The effective date of this Agreement (hereinafter "Effective Date") shall be that date when the last
one of the Seller(s) and the COUNTY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until August 26, 2024, to
sign and return this Agreement to the COUNTY. This Agreement may be executed in counterparts.
Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is
contingent upon approval by the Monroe County Board of County Commissioners, failing which the
parties acknowledge that each shall be released of all further obligations under this Agreement. In
the event this transaction has not closed within one hundred eighty (180) days from the Effective
Date, then either party may terminate this Agreement at any time thereafter by providing written
notice, in which case the parties acknowledge that each shall be released of all further obligations
under this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s)for and in consideration of the Ten Dollars
($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY or its
authorized representative, or any other office or agent of the COUNTY authorized to purchase said
lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the
execution thereof by the Seller(s).
Seller/ G & E 99 Properties, LLC
By: Edgar Jose Nunez, Authorized Member
08/26/2024 305-905-0069 harbour99@bellsouth.net
SignatLffe U Date Phone Number Email Address
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
By:
As Deputy Clerk Holly Merrill Raschein, Mayor
(Seal)
Date:
3
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, September 10, 2024 8:17 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena;
Powell-Barbara
Subject: Item F3 BOCC 09/11/2024 REVISED ITEM WORDING BACKGROUND.
Attachments: AIS 2966 F3.pdf
Importance: High
Good Morning,
Please be advised that the agenda item wording background has been revised for item F3.
"Approval of a contract to purchase Tier 3 property for density reduction Lot 16, Stillwright Point Plat No. I
near mile marker 105 from G & E 99 Properties, LLC for the price of$400,000. "
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losing costs outlined above. The seller is a developer and was plainning oin building a home and receiving a profit upon sale,;therefore,theywere not willing
:ewer pfic,e. Time site obtained a pernmitthrouagh the penmiitting,system with a RorGo allocation. This rmeans the developer has an active perumit four constiructi
-iis pu_archase,because the pernmitwill not be consuuirn mated,the permit will,be withdrawn or voided,and the allocation will be returned to the County. The L
a nnot Ikeep the,allocation because the oinly way in,the code to keep the,aLloc,atioru!is for the structure to receive a Certificate:of occupancy: This!is the,one:
�aurchases of neighboring lots that are owned by separate buurt related legal entities. When both purchases are coimbiinedl,the total purchase price will exceei
rhich,if one purchase would require the need for two appraisals, The second appraisal has been orderedl in an abundlance of caution and valued the proper
340,1000. The County Attorney has adlviised that because each lot its owned Iby a separate legal entity,each transaction muuist be treated separately. The Couu
as further advised that even,through the purchase pi ice of each lot exceeds the appraiised price of the first aplprais,aL,this purchase may be approved by.0 sir
ote becau ise the extraordinaryvote requirement only applies to puarchases in excess Of$500,000,where two appraisals are reul1auiired. See,F.S.123.355(1)(b;
'uopaosedl(purchase off heal larolaerty byr county,conifiidleinrtiialiity of records„procedlure.,—(1)(a) In any case!in which a coumnity„puusuant to the provisions of thil
a acu-lluiire by purchase any real propertyfor-a public purpose„every-appraiisal„offer,or counteroffer must be iin writing.Such appraisals,offers„and countere
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
w.r o n r y e c_ u�n1y:�:V_e.gpy
g.c z- Y ... _rn qr ecou�l_n�.Y..-.�..:.i» .Y.
i
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
2
F3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
September 11, 2024
Agenda Item Number: F3
2023-2966
BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of a contract to purchase Tier 3 property for density
reduction Lot 16, Stillwright Point Plat No. 1 near mile marker 105 from G & E 99 Properties, LLC for
the price of$400,000.
ITEM BACKGROUND:
This acquisition is proposed to protect property rights, to reduce density, to reduce the County's
potential liability for takings suits, and to provide a location for the Stillwright Point Road
Elevation/Drainage/Pump Station construction. The Monroe County Land Authority (MCLA)
negotiated the proposed agreement on the Board's behalf pursuant to an interlocal agreement between
MCLA and the County authorizing MCLA to administer the County's Density Reduction Acquisition
Program.
The subject property is located on N Blackwater Lane on the bay side of Key Largo.
Purchase Price and Estimated Closing Costs:
• Purchase Price: $400,000.00
• Cost of Appraisal: $1,900.00
• Cost of Survey: $0.00
• Title Fees &Insurance: $2,550.00
• Attorney Fee &Notary Fee: $725.00
• Recording Fees: $35.50
• Total Costs: $405,210.50 (estimated)
Attributes of the Subject Property:
• ParcelID#: 00514490-000000
• Size: 6,300 square feet
• Tier Designation: Tier 3
1
• Zoning Designation: Improved Subdivision (IS)
• Future Land Use Map Designation: Residential Medium (RM)
• Vegetation: Mix of undeveloped and developed Land.
• Florida Forever Boundary: This property is outside the Florida Forever boundary.
• Transferrable Development Rights (TDRs): 1 TDR
• Cost per TDR: $400,000
• ROGO Dedication Points: 5 points
• Cost per ROGO Dedication Point: $80,000
• Lot has a valid, unexpired building permit with a ROGO allocation; however, the ROGO
allocation will not be used and will be returned to ROGO (LDC 138-26).
This site is within the Stillwright Point neighborhood where the County has obtained a grant and is
currently designing a Road Elevation project to eliminate flooding of roadways. County Staff
identified this lot, along with an adjacent parcel also on this agenda for approval, as suitable for
placement of the required pump station.
The first appraisal of this site was $280,000. A second appraisal of the site is pending and is expected
to be received before the 9/11/24 BOCC meeting. The negotiated purchase price is $400,000 plus
closing costs outlined above. The seller is a developer and was planning on building a home and
receiving a profit upon sale; therefore, they were not willing to negotiate a lower price. The site
obtained a permit through the permitting system with a ROGO allocation. This means the developer
has an active permit for construction. Following this purchase, because the permit will not be
consummated, the permit will be withdrawn or voided, and the allocation will be returned to the
County. The Land Authority cannot keep the allocation because the only way in the code to keep the
allocation is for the structure to receive a Certificate of Occupancy.
This is the one of two purchases of neighboring lots that are owned by separate but related legal
entities. When both purchases are combined, the total purchase price will exceed $500,000, which, if
one purchase would require the need for two appraisals. The second appraisal has been ordered in an
abundance of caution and valued the property at $340,000. The County Attorney has advised that
because each lot is owned by a separate legal entity, each transaction must be treated separately. The
County Attorney has further advised that even though the purchase price of each lot exceeds the
appraised price of the first appraisal, this purchase may be approved by a simple majority vote because
the extraordinary vote requirement only applies to purchases in excess of $500,000, where two
appraisals are required. See, F.S. 123.355(1)(b).
125.355 Proposed purchase of real property by county; confidentiality of records;procedure.
(1)(a) In any case in which a county,pursuant to the provisions of this section, seeks to acquire by
purchase any real property for a public purpose, every appraisal, offer, or counteroffer must be in
writing. Such appraisals, offers, and counteroffers shall not be available for public disclosure or
inspection and are exempt from the provisions of s. 119.07(1)until an option contract is executed or, if
no option contract is executed, until 30 days before a contract or agreement for purchase is considered
for approval by the board of county commissioners. If a contract or agreement for purchase is not
submitted to the board of county commissioners for approval, the exemption from s. 119.07(1)will
expire 30 days after the termination of negotiations. The county shall maintain complete and accurate
records of every such appraisal, offer, and counteroffer. For the purposes of this section, the term
"option contract" means a proposed agreement by the county to purchase a piece of property, subject to
the approval of the local governing body at a public meeting after 30 days' public notice. The county
will not be under any obligation to exercise the option unless the option contract is approved by the
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governing body at the public hearing specified in this section.
(b) If the exemptions provided in this section are utilized, the governing body shall obtain at least one
appraisal by an appraiser approved pursuant to s. 253.025 for each purchase in an amount of not more
than $500,000. For each purchase in an amount in excess of$500,000, the governing body shall obtain
at least two appraisals by appraisers approved pursuant to s. 253.025. If the agreed purchase price
exceeds the average appraised price of the two appraisals, the governing body is required to approve the
purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an
amount of$100,000 or less from the requirement for an appraisal.
PREVIOUS RELEVANT BOCC ACTION:
On September 21, 2022 the Board approved the Third Amended and Restated Interlocal Agreement
between MCLA and the County authorizing MCLA to administer the County's Density Reduction
Acquisition Program.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Aerial Photograph
Property Record Card.pdf
Purchase Agreement executed
FINANCIAL IMPACT:
Effective Date: September 11, 2024
Expiration Date: None
Total Dollar Value of Contract: $400,000.00 plus estimated closing costs of$5,210.50 (estimated)
Total Cost to County: $405,210.50 (estimated)
Current Year Portion: $405,210.50 (estimated)
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: To be determined
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Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing:No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes, will be covered by County's liability policy
Additional Details: $400,000 plus estimated closing costs of$5,210.50 (estimated)
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