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County Administrator's Report   14. 12.
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BCC Regular Meeting |
Budget & Finance Consent   |
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RECOMMENDATION: |
Recommendation Concerning the Amendment to Sales Agreement for the Acquisition of Real Property Located at 10836 Lillian - Joy D. Blackmon, P.E., Public Works Department Director
That the Board approve and authorize the Chairman to execute the Amendment to Agreement for Sale and Purchase of Property from RL REGI Florida, LLC, for the acquisition of real property located at 10836 Lillian Highway.
[Funding for this Project is available in Funding Source: Fund 352, "LOST III," Cost Center 220102, NESD Capital Projects, Project 08NE0018, Boat Ramps]
Meeting in regular session on June 10, 2013, the Board approved the Agreement for Sale and Purchase for the acquisition of three contiguous parcels of real property (totaling approximately 40 acres) located at 10836 Lillian Highway, from RL REGI, Florida, LLC. In preparation for closing, it was noted that there was an error in the legal description on Exhibit "A" attached to the Sales Agreement, as presented to the Board. The legal description (Exhibit "A") included in the Sales Agreement by the seller's attorney mistakenly included two other parcels the seller owns but was not intended to be part of this transaction. Appraisals did not include this unintended property. In all other aspects, the Agreement for Sale and Purchase remains unchanged. Staff is requesting the Board approve the Amendment to the Agreement for Sale and Purchase to correct the legal description of the property to be acquired and to proceed with the closing for this acquisition. |
BACKGROUND: |
Meeting in regular session on June 10, 2013, the Board approved the Agreement for Sale and Purchase for the acquisition of three contiguous parcels of real property (totaling approximately 40 acres) located at 10836 Lillian Highway, from RL REGI, Florida, LLC. In preparation for closing it was noted that there was an error in the legal description on Exhibit "A" attached to the Sales Agreement, as presented to the Board. The legal description (Exhibit "A") included in the Sales Agreement by the seller's attorney mistakenly included two other parcels the seller owns but was not intended to be part of this transaction. Appraisals did not include this unintended property. In all other aspects, the Agreement for Sale and Purchase remains unchanged. Staff is requesting the Board approve the Amendment to the Agreement for Sale and Purchase to correct the legal description of the property to be acquired and to proceed with the closing for this acquisition. |
BUDGETARY IMPACT: |
Funding for this Project is available in Funding Source: Fund 352, "LOST III," Cost Center 220102, NESD Capital Projects, Project 08NE0018, Boat Ramps. |
LEGAL CONSIDERATIONS/SIGN-OFF: |
The seller's attorney and title company will conduct the closing. The Amendment to the Agreement for Sale and Purchase was approved as to form and legal sufficiency by Stephen West, Assistant County Attorney on July 15, 2013.
Because of the amendment, closing will not occur within the timeline contemplated in the original contract. However, the attorneys for the parties have agreed to proceed to closing as soon as practicable after the Board approves the amendment (tentatively on August 13th). |
PERSONNEL: |
All work associated with this request is being done in-house and no additional staff is required. |
POLICY/REQUIREMENT FOR BOARD ACTION: |
These actions are consistent with the provisions of Section 46-139 of the Escambia County Code of Ordinances. |
IMPLEMENTATION/COORDINATION: |
Upon Board approval, staff will maintain compliance with Section 46-139 of the County Codes. |
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