Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Real Estate topic
No spam. Unsubscribe anytime.
Commission staff seeks right-of-way dedication and payment of outstanding PILOTs before sale of Championship Academy property
Summary
Staff asked commissioners to accept conveyance of improved right-of-way from the Championship Academy parcel and to require collection of unpaid PILOT fees (staff estimated outstanding fees near $260,000) at closing of a pending sale by the lender.
City staff asked the commission to approve a resolution to accept right-of-way dedication for the property known as Championship Academy (3020 Northwest 33rd Avenue) and to collect outstanding payment-in-lieu-of-taxes (PILOT) at closing.
City counsel and staff traced the property's history to a 2018 development agreement that required the private school to improve a public easement, convert it to a public right-of-way and dedicate it to the city. Staff said the school breached those obligations and later lost its charter; the lender foreclosed and now holds title via an LLC. Staff estimated outstanding PILOT fees from 2022 through the present at approximately $260,000 and said the lender has agreed to pay the outstanding fees at the time of sale.
"Part of what we will be proposing to do to the city commission is to have the commission consider acceptance of the improved right of way from the owner," a staff attorney explained, and added the lender has provided a survey, title opinion, permits, a letter of warranty for one year and some driveway improvements as conditions precedent to acceptance. Staff cautioned there may be legal limits to enforcing some development agreement obligations on a future private owner depending on recent state legislation affecting private schools, but said collection of past-due PILOTs at closing remains a city priority.
Next steps: staff asked commissioners for direction to proceed with the resolution, to finalize conditions precedent and to continue researching enforceability of development-agreement obligations against a future private owner.
