Title
Florida Food Service, Inc. - Proposed Amendment to Option Contract for Purchase and Sale of Land (B)
This item is intended to amend an Option Contract for Purchase and Sale of Land with Florida Food Service previously approved by the City Commission. The amendment seeks to address potential environmental mitigation issues that may arise regarding development of the subject property.
Explanation
On September 26, 2005, the City Commission approved an Option and Purchase and Sales agreement for the purchase of 3.51 acres of un-platted property in the Airport Industrial Park to Florida Food Service, Inc. to assist in facilitating their expansion plans. This is in addition to the firm's pending request to exercise a pre-existing Option on a parcel of equal size (Lot 12) located adjacent to the north of their property.
Subsequent to this initial approval, Florida Food Service, Inc. has asked that it be provided with some degree of protection from the City, in addition to the previously approved indemnification, should the pre-existing environmental conditions related to the un-platted property be impacted by Florida Food Service's proposed expansion. This includes: 1) a maximum $50,000 cost contribution related to prospective dewatering that may be necessary regarding development of the subject property and associated with mitigation of the pre-existing environmental condition; and 2) a release of responsibility related to prospective abandonment of monitoring wells installed on the subject property in connection with the pre-existing environmental condition.
As with all land transactions in the Airport Industrial Park, this proposed amendment is subject to review by the Gainesville Alachua County Regional Airport Authority (GACRAA). To expedite the review on behalf of Florida Food Service Inc., this matter was reviewed by GACRAA on June 22, 2006 at its regular monthly meeting.
Fiscal Note
Upon closing, proceeds from the sale of the subject properties (approximately $150,000) will be disbursed to the Gainesville Alachua County Regional Airport Authority (GACRAA) per prior agreement between the City of Gainesville and GACRAA. As stated above, GACRAA did review this matter at its June 22, 2006, regular monthly meeting and has approved setting aside the identified costs associated with potential mitigation of the pre-existing environmental condition. This includes the $50,000 cost associated with potential dewatering and a nominal cost associated with the retrofitting of existing monitoring wells.
Recommendation
Recommended Motion: The City Commission: 1) approve the Amendment to Option Contract for Purchase and Sale of Land with Florida Food Service, Inc. provided that disbursements to GACRAA of sale proceeds associated with the subject property be designated for the potential mitigation associated with the pre-existing environmental condition; 2) authorize the City Manager to sign the contract following approval by the City Attorney as to form and legality; 3) authorize the City Manager to negotiate a reservation agreement with GACRAA; and 4) authorize the Mayor and Clerk of the Commission to execute the closing documents.
Alternative Recommendation A: The City Commission takes no action.