Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Real Property and Real Estate Development
Information
Requested Action
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MOTION TO AUTHORIZE County Administrator to negotiate and execute amendments to the Purchase and Sale Agreement between Edison Wheeler and Broward County and the Purchase and Sale Agreement between Arcelays Funeral Services LLC and Broward County to extend the inspection period under both agreements and clarify the testing permitted during the inspection period, subject to review and approval as to legal sufficiency by the County Attorney’s Office. (Commission District 8)
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Why Action is Necessary
Board of County Commissioners' approval is required to amend Purchase and Sale Agreements for real property.
What Action Accomplishes
Authorizes the County Administrator to negotiate the terms of the amendments and execute the amendments once approved.
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Previous Action Taken
On May 6, 2025 (Agenda Item 55), the Board of County Commissioners of Broward County, Florida approved the Purchase and Sale Agreement between Broward County and Mr. Edison Wheeler as Motion A and approved the Purchase and Sale Agreement between Broward County and Arcelays Funeral Services as Motion B.
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/REAL PROPERTY AND REAL ESTATE DEVELOPMENT DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This item relates to activities in the Broward Municipal Services District, formerly known as Unincorporated Broward County. The Broward County Board of County Commissioners is the governing body of the District and provides municipal services for the area.
On May 6, 2025, (Agenda Item 55), the Board of County Commissioners of Broward County, Florida approved the Purchase and Sale Agreement between Broward County and Mr. Edison Wheeler as Motion A and approved the Purchase and Sale Agreement between Broward County and Arcelays Funeral Services as Motion B.
On June 25, 2025, Broward County sent notice to Mr. Edison Wheeler that pursuant to Section 8.1 of the Purchase and Sale Agreement the County would be conducting a Phase II Environmental Site Assessment of the property. And in accordance with the terms of the Purchase and Sale Agreement the inspection period is extended through September 5, 2025.
On July 7, 2025, Broward County executed the First Amendment to the Purchase and Sale Agreement for the Arcelays Funeral Services property, extending the inspection period through September 5, 2025, allowing the County to conduct a Phase II Environmental Site Assessment of the property.
The two Purchase and Sale Agreements are for five adjoining, buildable parcel sites located at the corner of Sistrunk Blvd and NW 27th Avenue in Unincorporated Broward County, Florida 33311, identified by Broward County Property Appraiser (BCPA) folio numbers 504205061000, 504205060790, 504205060850, 504205060840, and 504205060830, and together comprise approximately 0.95 acres, as reflected in the BCPA data provided in Exhibit 4, (collectively the “Property”).
The Property has been identified as a possible site for the development of affordable housing. The total proposed purchase price under the two Purchase and Sale Agreements (“Agreements”) is $2,500,000, comprised of $2,100,000 for the purchase of the four parcels from Mr. Edison Wheeler (“Wheeler Parcels”) and $400,000 for the purchase of the parcel from Arcelays Funeral Services (“AFS Parcel”). There will also be typical closing costs in addition to the purchase price.
The First Amendment to the Arcelays Funeral Services’ Purchase and Sale Agreement and the Second Amendment to the Mr. Edison Wheeler’s Purchase and Sale Agreement will extend the inspection to a mutually agreed-upon date.
If the County Administrator is not able to secure an agreement on the amendments with both Sellers by September 5, 2025, the County Administrator will move to terminate the existing Purchase Sale Agreements with each Seller pursuant to the terms of the existing Purchase Sale Agreements.
All documents have been reviewed and approved as to legal sufficiency by the Office of the County Attorney.
The need for this item is the result of information received from a Phase II environmental analysis on the parcels which was received after the deadline for supplemental items.
Source of Additional Information
Lary S. Mahoney, Director of Real Property and Real Estate Development, Public Works Department, (954) 357-7357
Trevor M.A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
None.