Council approves small amendment to Harry Chapin land sale after hour‑long debate

The Fort Myers City Council voted to approve a walk‑on addendum to the January purchase agreement with the Harry Chapin Food Bank that adds language allowing the seller either to obtain a Corps “no permit required” determination or to obtain a permit from the U.S. Army Corps of Engineers.

Fire department and city staff said the 17‑word change preserves the deal's intent while addressing the seller's board concerns and does not change the council's prior approval. Fire Chief Tracy McLean told the council staff’s read of the addendum was that “there is no change to the city whatsoever” and that the addendum simply clarifies how the seller can meet required conditions.

Council debate focused on contract mechanics and city risk. One council member argued the contract as written could leave the city exposed because a standard real‑estate “as‑is” clause could prevail; that member said he would “never do this contract the way it's been done,” citing the combination of an as‑is purchase and significant obligations the seller must complete before closing. Other members and staff said the addendum only clarifies the seller's options and that closing deadlines and escrow language remain protective of the city’s interests.

After extended exchange the council voted to adopt the addendum by roll call (4 yes, 3 no). Supporters cited the council’s prior vote and the risk the seller would otherwise withdraw, saying the narrow change helps ensure delivery of the pad‑ready property needed for the fire station project. Opponents pressed for stronger contractual safeguards or removal of conflicting preprinted language; the minutes show concerns about title policies and the timing for permit approvals.

Next steps: the city attorney and staff will finalize documentation and proceed toward the scheduled closing dates called out in the agreement.