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July 11, 2023 Board Meeting
Title
Disposal of Surplus Property - Whispering Hills Education Center
Meeting Date(s)
Consent w/o Information - 07/11/2023
Consent Type
Without Information
Discussion

The School Board owns approximately 10.19 acres of property including a closed school, located in Titusville along South Street (State Road 405) and Lane Avenue, referred to as Whispering Hills.  The school was built in 1959 as Whispering Hills Primary School (grades K-3).    After years of deferred maintenance, most of the school has been condemned and is unsafe to occupy.  Brevard Public Schools has not had any uses in the facility for several years. 

The Educational Plant Survey, approved by the School Board on December 12, 2017 and approved by the Florida Department of Education, states that the Whispering Hills Education Center facility/site is no longer required for instructional or ancillary purposes and will be offered for sale.  At the August 10, 2021 School Board Meeting, the School Board adopted Resolution 2022-03 declaring the Whispering Hills Education Center facility unnecessary or unsuitable for educational or ancillary purposes and facilitating the disposal of the property.

The property has been advertised for sale through the District's real estate broker who has received an offer of $1.575 million for the property from 800 Land Ave, LLC. The contract has a due diligence period of 90 days and a closing date within 100 days.  The due diligence may involve Comprehensive Plan changes and zoning changes through the City of Titusville.  As the owner, the School District may need to sign the application(s) for any land use or zoning changes.  The buyer will submit a $100,000 deposit and forfeits 10% of the deposit if they do not close within 100 days.  The broker's commission is 4.25% which will be paid from the proceeds of the sale. All other closing costs will be paid by the buyer. The proceeds of the sale must be used for capital outlay projects per State Requirements for Educational Facilities Section 1.4 (4). 

Staff recommends allocation of the net proceeds of the sale to supplement ongoing projects in the FY 24 capital plan including flooring, classroom renovations and student restroom renovation.

Recommendation

Authorize the Superintendent, or designee, to execute the contract for the sale of the Whispering Hills Education Center property with 800 Land, LLC for $1.575 million.

Authorize the Superintendent, or designee, to sign any necessary documents during the due diligence period that the Buyer may be required to file with local government offices in connection with any land use or zoning changes necessary for the buyer's intended use of the property .

Approve allocation of the net proceeds of the sale to supplement ongoing projects in the FY 24 capital plan including flooring, classroom renovations and student restroom renovation.

Authority for Action
1013.28(1)(a) F.S.; 1001.42 F.S.; State Requirements for Educational Facilities
Involves Expenditure of Funds Directly in the Classroom
No
Source of Funding

Agenda Item will not Require the Expenditure of Funds
Financial Impact
FY Amount Budgeted Fund Cost Center Project Function Object Program
                 
Legal Counsel Review
Yes - Review Date: 06/23/2023
Contact
Susan Hann, P.E., Assistant Superintendent Facilities Services 633-1000, ext. 11446 or David Lindemann, AICP Director Planning & Project Management 633-1000, ext. 11463
Attachments
Adopted Resolution 2022-03_Parcel 80 Whispering Hills Educational Center Facility Disposal.pdf
800_Lane_Ave_Brochure.pdf
800 Lane Ave Offer - Israel Realty Group $1.575m.pdf
State Requirements for Educational Facilities - Excerpt RE Disposal of Real Property.pdf
Agenda Plus