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INDIAN RIVER COUNTY <br />OFFICE OF MANAGEMENT AND BUDGET <br />PURCHASING DIVISION <br />DATE: October 19, 2015 <br />TO: BOARD OF COUNTY COMMISSIONERS <br />THROUGH: Joseph A. Baird, County Administrator <br />Jason Brown, Director, Office of Management and Budget <br />Chris Mora, P.E., Public Works Director <br />FROM: Jennifer Hyde, Purchasing Manages " <br />SUBJECT: <br />Update to Sealed Bid Sale of 5940 26th Street — Bid 2015042 <br />BACKGROUND: <br />On September 22, 2015, the Board ratified the highest of three sealed bids submitted for the purchase of <br />5940 26th Street. The property had been purchased for right-of-way, and the remaining parcel determined <br />sufficient for sale. The three bids received were in the amounts of $14,572.00, $50,000.00, and $106,000.00. <br />On October 14, 2015, the awarded bidder, Mr. Tuan Nguyen provided written notification that he no longer <br />intends to close on the property, as the depth of the lot is not as he interpreted from the legal description. <br />The second high bidder is no longer interested in the property for their submitted bid price, and Staff <br />believes the property is more valuable than the amount submitted in the third bid. Deposits placed by the <br />non -awarded bidders were returned to them when the Board ratified the high bid, in accordance with the <br />bid documents; therefore neither have an obligation to hold their bid. As a result, the property must again be <br />advertised for sale, either by sealed bid or auction. <br />Mr. Nguyen has verbally requested a refund of his $1,000 deposit in escrow placed at the time of his bid. The <br />bid documents state "if the winning bidder fails to close within the prescribed time period, the security will <br />be retained by the County, not as a penalty, but as liquidated damages." The cost of the newspaper <br />advertisement required by Statute for the sale of real property was $267.30. Monthly utilities for the <br />property are approximately $75, with a minimum of two additional months due by the County before a new <br />sale can be completed. Additionally, significant staff time was allocated to this sale, both by Purchasing Staff <br />making the house open for viewing by prospective buyers and by County Attorney Staff to assist in the <br />preparation of documents necessary for closing. As the failure to close is not due to any error on the <br />County's part, Staff suggests it is in the County's best interest to retain the security as liquidated damages. <br />FUNDING: <br />Expenses for maintenance and sale of the property are deducted from Traffic Impact Fees/District II/ROW <br />26th Street, 43rd Ave to 66th Ave account #10215241-066510-06011. The security submitted by Mr. Nguyen <br />141 <br />