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  County Administrator's Report     10. 12.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 03/19/2015  
Issue:    Approval of the Agreement for Sale and Purchase of Surplus Real Property Located at 5000 Commerce Park Circle
From: Stephan Hall
Department: OMB  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Agreement for Sale and Purchase of Surplus Real Property Located at 5000 Commerce Park Circle - Stephan Hall, Management and Budget Services Interim Department Director

That the Board take the following action concerning approval of the Agreement for Sale and Purchase of Surplus Real Property Located at 5000 Commerce Park Circle:

A. Approve the Agreement for Sale and Purchase that was prepared in anticipation of the sale of real property located at 5000 Commerce Park Circle (Account Number 04-0861-821, Reference Number 39-1S-30-0200-002-002); 

B. Authorize the County Attorney's Office to prepare and the Chairman to sign all documents necessary to complete the sale of the real property, without further action of the Board; and

C. Authorize the County Administrator to review and approve the intended use to ensure it is consistent with the zoning and the purposes for which Marcus Pointe Commerce Park was established.
BACKGROUND:
5000 Commerce Park Circle is part of the Marcus Pointe Commerce Park that was developed by the County (Plat Book 14 at page 82).  The property is approximately 9.04 acres and is encumbered by a 225-foot Gulf Power easement.  The Property Appraiser's assessed value of the property is currently set at $155,610.

At its November 6, 2014 Commission Meeting, the Board declared this property as surplus.  An appraisal was requested by the Board to determine the market value of the property.  The Board requested the appraisal be brought before it for consideration prior to authorizing sale of the property.  In addition, the Board added as a stipulation to the sale of this property that the buyer abide by the covenants existing in the Marcus Pointe Commerce Park, including the obligation to improve lots without County approval, and an option for the County to repurchase lots that have not been improved within 1 year.

At its January 8, 2015 Commisssion Meeting, the Board reviewed the appraisal reflecting a current market value of $340,000, based on that portion of the property that is not encumbered by the easement, or 5.42 acres.  At that meeting, the Board authorized sale of the property to the bidder with the highest offer received at or above the minimum bid, which is to be set at the appraised value of $340,000.

It has been determined that the Marcus Pointe Commerce Park covenants have expired; therefore, the attached Agreement for Sale and Purchase has been drafted to keep with the intentions of the Board regarding the sale of this property.  Language has been included to reflect the buyer's obligation to improve the land, the right of the County to re-purchase the property, and documenting the buyer's intended use of the property.  In addition, language has been added as approved by the Board at its November 16, 1993 Commission Meeting approving the inclusion of the following statement in the closing documents associated with the sale of lots within Marcus Pointe Commerce Park:

In addition to the purchase price and costs of closing, buyer shall be responsible to pay unto the Escambia County Utilities Authority ("ECUA") a proportionate share of the cost of providing water and sewer transmission lines and related water and sewer facilities to the property.  The proportionate share shall be based upon an acre by acre allotment of the cost incurred by ECUA.  This cost shall constitute a line connection fee and be payable as a lump sum payment, by installment plan between the buyer and ECUA, or by other agreement between the buyer and ECUA.  If paid as a lump sum as part of the purchase price, the seller shall be responsible to promptly transfer the payment to ECUA upon closing.

The County does not have a need for this property.
BUDGETARY IMPACT:
Sale of this property will provide revenue for the Economic Development Fund (Fund 102).
LEGAL CONSIDERATIONS/SIGN-OFF:
All legal documents will be approved as to form and legal sufficiency by the County Attorney's Office prior to execution by the Chairman.  The purchaser will pay all closing costs.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
Escambia County Ordinance, Section 46.134

IMPLEMENTATION/COORDINATION:
N/A

Attachments
Agreement for Sale and Purchase
5000 Commerce Park Circle - Backup

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