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RESOLUTION NO. 2005- 1 1 4 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; i WHEREAS, effective February 20, 1980, the County and Sunshine entered into a a new forty (40) year Lease (the 1980 Lease") for the Property that specifically recited that the 1964 Lease was revoked and terminated; WHEREAS, the 1964 Lease and the 1980 Lease were each entered in accordance with Florida Statutes section 125.38, the statutory authorization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 I