Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.014 - Closing

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to closing the Trust shall prepare
				a grant reconciliation statement which shall evidence expenditures for all
				eligible project costs for the portion of the project to be closed. The
				reconciliation statement shall be based on the prepared buyer and seller
				closing statements, the prepaid project costs of the recipient and the Trust
				evidenced by paid receipts, any reimbursements to the seller or others to be
				made after closing, the grant award amount and any revisions to the award. The
				reconciliation statement shall evidence the amount of funds needed from the
				Trust and recipient in order that the closing may occur.
(2) The Trust Executive Director shall have
				the authority to modify the purchase agreement previously approved by the Trust
				to extend the time for option exercise, closing date, submittal deadlines or
				any other time limit relating to such agreement, provided the total extension
				of time for closing does not exceed 180 calendar days after the date
				contemplated in the purchase instrument approved by the Trust. The Executive
				Director shall also have the authority to execute or modify all documents
				necessary for the implementation of Trust action, including but not limited to
				the purchase agreement, letter of notification of exercise of option, leases,
				easements, legal descriptions, deeds, assignments, and other miscellaneous
				agreements and affidavits, provided the modification does not change the
				substance nor the scope of Trust approval, and provided the document executed
				or modified was either approved by the Trust or contemplated by Trust approval.
				Any changes in the purchase price to be paid to the owner not contemplated by
				the terms of the purchase agreement must be approved by the Trust. An extension
				or modification may only be made under the terms of the purchase agreement, or
				with the owner's agreement.
(3) The
				party responsible for negotiations shall have obtained all disclosures of
				beneficial interest required in Section
				 286.23, F.S., and those required
				by Section  380.08(2),
				F.S., before entering into a purchase agreement. All other disclosures shall be
				obtained no later than 10 days prior to closing. Appropriate disclosures shall
				be filed with the Department of State as required by law. Disclosures not
				required by statute may be waived by the Executive Director in the case of
				acquisitions of property for a price of $250, 000.00 or less where the
				Executive Director finds that the difficulty on the person providing such
				disclosures outweighs the value of the disclosed information to the Trust or
				the acquiring agency. The following information shall also be included in the
				statement supplied by the owner no later than 10 days prior to closing:
(a) The total amount of any finder's fee,
				real estate commission or other similar commission, including a statement as to
				whom those fees will ultimately be paid;
(b) The total amount of the attorney's fees
				paid to the owner's attorney, including a statement as to whom these fees will
				ultimately be paid;
(c) The amounts
				of other costs incidental to the sale, indicating to whom these sums have been
				or are to be paid.