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Agenda 03/10/2009 Item #10B Agenda Item No. 10B March 10, 2009 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the financing and expenditure for the purchase and renovation of the Naples Lodge 2010 Benevolent and Protective Order of the Elk's ofthe USA, Inc., at a cost not to exceed $4,618,891. OBJECTIVE: To obtain approval from the Board of County Commissioners for the financing and expenditure of funds for the purchase and renovation of the Naples Lodge 2010 Benevolent and Protective Order of the Elk's of the USA, Inc. (Elk's Lodge). CONSIDERATION: During recent meetings of the Board of County Commissioners, the County Manager discussed his intentions to research the current real estate market for any opportunities for the County to purchase property in order to reduce the number of County leases that are currently in effect. The County is forced to reduce spending and Is required to cut its budget due to the State's reduction in funds to counties throughout the State. At the Board of County Commission meeting of February 24, 2009, the County Manager advised the Board that he would like to terminate the existing lease for the Property Appraiser's building, which has become very expensive, and relocate that office to a County-owned property. However, there is no facility available in the County's inventory of buildings that can accommodate that office. Staff was asked to research the market and found a number of properties, including the Elk's Lodge, located on Radio Road, to be available for sale and suitable for County use. The Elk's Lodge is approximately 27,474 square feet of interior space with abundant parking surrounding the building. On February 23, 2009, the County provided the Elk's Lodge with a Letter of Intent for the purchase of the property. The Letter of Intent, which is attached, included a purchase price of $3,500,000, without any stipulation for the Seller to prOVide financing. The negotiations included a provision for $250,000 to be held in escrow to correct any structural issues that the County would be made aware of during the inspection period. Closing shall take place on or before June 26, 2009. The estimated costs for the purchase of the property are as follows: Purchase price: Closing and associated costs: Renovations and associated costs.: Total: $3,500,000 $49,000 $1,069,891 $4,618,891 (*The building would be converted from banquet and kitchen space to office space.) .- Agenda Item No. 10B March 10, 2009 Page 2 of 5 Elk's Lodge Page Two The County anticipates the main tenant for the building to be the Property Appraiser's Office, with a portion that may be used by the Supervisor of Elections for records storage. The Property Appraiser is currently leasing space across from the Government Center at the corner of Tamami Trail East and Airport-Pulling Road. The annual rent for that building is $549,365.25 and the common area maintenance charges (CAM) are $83,694.75 annually, for a total annual cost of $633,060. The rent is increased by 5% annually throughout the life of the lease and the CAM is increased to reflect the landlord's actual operating expenses. In theory, the County could service the mortgage for the Elk's Lodge in approximately eight (8) years in lieu of making rent and CAM payments at the current leased space, and in turn, the major benefit would be final ownership of the property. If the Board is agreeable to purchase the Elk's Lodge, staff will be submitting an Agreement for Sale and Purchase for Board approval at the April 28, 2009, meeting. FISCAL IMPACT: The Solid Waste Department has set aside money for landfill closure costs in Fund (471). A portion of the fund's cash balance will be bOlTOwed and repaid within eight (8) years and the repayment will include interest set at the missed opportunity cost (blended interest lost on fund investments). The interest rate will be adjusted annually on January 1. Budget amendments are needed to transfer the money from Solid Waste Fund (471) to General Governmental Facilities Impact Fee Fund (390). The property purchase and related renovations are allowable expenditures out of the Impact Fee Fund. Loan repayment will be out of the General Governmental Facilities Impact Fee Fund if cash is available or the General Fund (001). The estimated annual loan payment is $630,000 per year. GROWTH MANAGEMENT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. - JBW RECOMMENDATION: That the Board of County Commissioners approves the financing and expenditure for the purchase and renovation of the Elk's Lodge and approves all related Budget Amendments. PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Property Management I Department of Facilities Management Page ] of 1 Agenda Item No. 10B March 10, 2009 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10B Meeting Date: Recommendation to approve the financing and expenditure for the purchase and renovation of the Naples Lodge 2010 Benevolent and Protective Order of the Elks of the USA, Inc. at a cost not to exceed $4.618.891 (Jim Mudd, County Manager and Skip Camp, Facilities Management Director) 3/10/200990000 AM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 3/2f2009 2:27 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 3/2/2009 2:28 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 3/2f2009 3:52 PM Appro\'ed B:r Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 312/20093:57 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3/2/2009 4:37 PM Approved By Daniel R. Rodriguez Solid Waste Director Date Public Utilities Solid Waste 3/3/20098:08 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 3/3/2009 9:50 AM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 3f3f2009 12:59 PM Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 3/3/20093:47 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/3/20093:55 PM file:! /C:\AgendaT est\Export\ 125-March%20 1 0, %202009\ 10. %20COUNTY%20MANAG ER... 3/4/2009 Agenda Item NO.1 OB March 10, 2009 Page 4 of COLLIER COUNTY OFFICE OF TIlE COUNTY MANAGER 3301 East ramiami rT1lil . Naples. Florida 34112 'i239} 252-8383' fAX: (239) 252.4010 Letter of Intent Elk's Lodge 3950 Radio Road, Naples, Florida Wben executed by both the undersigned, Collier County, as Buyer, and the Naples Lodge 2010 Benevolent and Protective Order of the Elks of the USA, Inc., as Seller, this document will constitute a Letter ofJntent relative to the acquisition of the Property by the unden;igned Buyer. The pUlJlOSe of this Letter of Tntent is to (i) indicate certain terms upon which the Buyer is prepared to purchase the Property from the Seller and the Seller is prepared to sell the Property to the Buyer and (il) spell out certain rights and obligations of the Buyer and Seller pending the execution of an Agreement for Sale and Purchase between the parties. By acceptance of this Letter of Intent, the Seller gives the Buyer the exclusive right to purchase the Property for the period begirm.ing from the dale hereof through and including said closing date ofJune 26, 2009. The Contrnct shall contain, among other things, the following terms and conditions: I. The total purchase price for the Property shall be $3,500,000.00, without any financing contingency. This will be a cash purchase. 2. The sum of $250,000.00 shall be held in escrow to correct any structural deficiencies which may be determined during the inspection period. 3. The Buyer shall bave a period of sixty (60) days from the effective date of the Agreement for Sale and Purchase to conduct its due diligence ("Inspection Period"). 4. Seller's obligation shall be contingent on its execution of the Agreement for Sale and Purchase, to be prepared by Buyer, from the Board of Trustees of the Naples Lodge 2010 Benevolent and Protective Order of the Elk. of the USA, Inc. and the Elks Grand Lodge on or before MlUt:h 30, 2009. 5. Buyer's obligation shall be contingent on its obtaining approval of the purchase from the Collier County Board of CoWlty Commissioners on or before April 28, 2009. 6, Tbe closing shall oc:eor on or before June 26, 2009. Agenda Item NO.1 OB March 10, 2009 Page 5 of 5 The Buyer and SeUer agree that should the Buyer decide to go forward with the purchase. negotiations on the Agreement for Sale and Purchase shall begin immediately to ensure that the c1()Sing shall take place on or before June 26. 2009. Datw: /-~ /t;? Agreed and accepted: On behalf of Collier County: ,~~ -y~ ~ James V, Mudd Dated: ,.:.-/)'1/01 On bchalfoffue Naptb Lodge 2010 Benevolent IIJld Pro:~pte Order of the Elks of the USA, Inc. I~ ~~ j--" ~~7/ Ro1:fert Smith, Cbainnan of the Bow ofTrostees