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RESOLUTION NO . 2005 = 114 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE SALE OF REAL PROPERTY, PURSUANT TO AN AGREEMENT TO PURCHASE AND SELL REAL ESTATE , TO SUNSHINE REHABILITATION CENTER OF INDIAN RIVER COUNTY, INC . , A FLORIDA NON-PROFIT CORPORATION D/B/A SUNSHINE PHYSICAL THERAPY CLINIC IN ACCORDANCE WITH FLORIDA STATUTES SECTION 125 . 38 FOR CONTINUED COMMUNITY INTEREST AND WELFARE USE AS A PHYSICAL THERAPY CLINIC . WHEREAS , effective June 22 , 1964 , the County and Sunshine Rehabilitation Center of Indian River County , Inc . , a Florida non - profit corporation ( " Sunshine " ) entered into a Lease (the " 1964 Lease" ) for certain real property situated in Indian River County , having an area of approximately 1 . 41 acres and a street address of 1705 17th Avenue and more specifically described on Exhibit " A" attached hereto and incorporated by this reference (" Property WHEREAS , in 1979 Sunshine adopted the fictitious name of Sunshine Physical Therapy Clinic ; WHEREAS , effective February 20 , 1980 , the County and Sunshine entered into a new forty (40 ) year Lease (the 1980 Lease" ) for the Property that specifically recited that the 1964 Lease was revoked and terminated ; WHEREAS , the 1964 Lease and the 1980 Lease were each entered in accordance with Florida Statutes section 125 . 38 , the statutory authorization for the County to lease land not needed for County purposes to a not-for- profit corporation organized for the purposes of promoting community interest and welfare for a nominal amount regardless of the actual value of the real property ; WHEREAS , on April 19 , 2005 , Sunshine requested that the Board of County Commissioners sell the Property that is currently subject to the 1980 Lease to Sunshine in accordance with Florida Statutes section 125 . 38 so that the Sunshine Physical Therapy Clinic may remain on the Property and be expanded ; WHEREAS , in accordance with Florida Statutes section 125 . 38 , the Board of County Commissioners finds : ( i ) that the sale of the Property promotes the community interest and welfare ; ( ii ) that such Property is required for such community interest and welfare use ; and ( iii ) such Property is not needed for County purposes ; WHEREAS , in accordance with Florida Statutes section 125 . 38 , the Board of County Commissioners , having made the required findings , may thereupon convey the Property at private sale to Sunshine for such price , whether nominal or otherwise , as the Board of County Commissioners may fix , regardless of the actual value of such Property ; 1