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Agenda 03/14/2017 Item #16E403/14/2017 EXECUTIVE SUMMARY Recommendation to take no action to purchase the Port of The Islands Hotel located at 12323 Union Road in the Port of the Islands at a minimum opening bid of $2,360,063.83, plus interest. The property is currently on the Lands Available List and if not purchased by January 9, 2020, will escheat to the County pursuant Chapter 197, Florida Statutes. OBJECTIVE: To give members of the public the opportunity to purchase approximately 6.86 acres of property with the defunct hotel located at 12323 Union Road and, if no such purchase occurs by January 9, 2020, the Property (three years after the day the land was offered for public sale) will escheat to the County free and clear. CONSIDERATIONS: On May 24, 2016, Item 16.K.2, the Board authorized applications for tax deeds for four tax certificates. The applications were then transmitted to the Tax Collector’s Office. One of the tax deed applications pertains to the subject Property. Pursuant to Chapter 197, Florida Statutes, a public tax deed sale for the Property was held on January 9, 2017. There were no bidders at the public sale, and on January 10, 2017, the Clerk of the Circuit Court notified the County that the Property was placed on the “list of lands available for taxes.” During the first 90 days after the Property is placed on the list, the County may purchase the land for the opening bid of $2,360,063.83, plus interest or may waive its right to purchase the property. The vast majority of the outstanding sums are due to the Port of the Islands Community Improvement District (“District”) and were assessed on the non ad valorem tax roll and tax certificates held by private entities (Private Entities). Real Property Management’s in-house state certified appraiser has valued the land at $481,000. The existing structures are in severe disrepair and would ultimately require demolition. Demolition costs are estimated between $500,000 and $750,000. In addition, Collier County Code Enforcement has paid $42,070.52 for nuisance abatement costs. There are multiple liens on the property with a current payoff of $85,448.78 with interest and fines continuing to accrue. Although the County could acquire the Property for its inventory for future use, it does not have any immediately need for the Property. Staff took a proactive approach and met with representatives from the District and contacted the Private Entities to discuss the feasibility of satisfying the outstanding liens at a reduced amount. Unfortunately, the proposed amounts aren’t significantly less than the minimum bid. Accordingly, the County presently has two options: 1) Purchase the Property for $2,360,063.83, plus interest and documentary stamps or 2) Take no action and waive its rights to purchase the Property during the statutory 90-day period. This option does not prevent staff from engaging in future discussions with District representatives and other lien holders and coming back to the Board if an economically feasible deal on the Property later becomes available. If the County does not purchase the Property, the Property continues to be offered for public sale by the Clerk. Any person, the County, or any other governmental unit may purchase the Property, without further notice or advertising, for the opening bid, except that if the County or other governmental unit is the purchaser for its own use, the Board of County Commissioners may cancel omitted years’ taxes under certain circumstances. Omitted taxes are taxes which have not been extended on the tax roll against a 16.E.4 Packet Pg. 914 03/14/2017 parcel of property after the property has been placed on the list of lands available for taxes. Interest on the opening bid $2,360,063.83 continues to accrue through the month of sale. If the Property is not purchased by January 9, 2020 (three years after the day the land was offered for public sale) it will escheat to the County free and clear. This means all tax certificates, accrued taxes, and liens of any nature against the Property will be deemed canceled as a matter of law and of no further legal force and effect. The Clerk will execute an escheatment tax deed vesting title in the Board of County Commissioners of Collier County. Although approval of this item will result in the County waiving its rights to Purchase the property during the 90-day period, the County may purchase the Property at any time before January 9, 2020, for $2,360,063.83 plus accrued interest. The District’s representatives informed staff that there are on-going negotiations with a potential developer who may be interested in purchasing the Property once the 90-day period has expired. Until such time as the Property is purchased or escheats to the County, the title of the property remains in Port of the Islands Hotel & Resort of Naples LLC, the entity to which the taxes are assessed. FISCAL IMPACT: The approval of this item will not result in a fiscal impact to the County. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan associated with this Executive Summary. LEGAL CONSIDERATIONS: This executive summary has been prepared in accordance with Section 197.502, Florida Statutes, which sets forth the tax deed process. Accordingly this item is approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To take no action to purchase property located on Port of the Islands at 12323 Union Road. Prepared by: Toni A. Mott, Manager, Facilities Management Division 16.E.4 Packet Pg. 915 03/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4 Doc ID: 2799 Item Summary: Recommendation to take no action to purchase the Port of The Islands Hotel located at 12323 Union Road in the Port of the Islands at a minimum opening bid of $2,360,063.83, plus interest. The property is currently on the Lands Available List and if not purchased by January 9, 2020, will escheat to the County pursuant Chapter 197, Florida Statutes. Meeting Date: 03/14/2017 Prepared by: Title: Manager - Property Acquisition & Const M – Facilities Management Name: Toni Mott 02/23/2017 3:53 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 02/23/2017 3:53 PM Approved By: Review: Facilities Management Dennis Linguidi Additional Reviewer Completed 02/23/2017 4:40 PM Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 02/23/2017 4:48 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/27/2017 11:45 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/27/2017 12:29 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/27/2017 3:01 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 03/01/2017 10:23 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2017 11:50 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/05/2017 11:15 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM 16.E.4 Packet Pg. 916