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rMY 18 1993 1 <br />pox53 w goo <br />TO: Members of the Board DATE: FILE: <br />May 12, 1983 <br />of County Commissioners <br />SUBJECT: Humane Society -- Agreement <br />For Sale of County Property <br />FROM: Gary M. Brandenburg REFERENCES: <br />County Attorney <br />Attached to this memorandum you will find a letter from Wayne R. <br />McDonough together with a standard form contract for the sale and <br />purchase of County property for use by the Humane'Society received <br />by our office on Wednesday afternoon, May 11, 1983. The agreement <br />calls for the sale of 5 acres along South Gifford Road for <br />$10,000.00, the purchase price to be paid in cash at closing. The <br />contract requires the County to obtain and pay the cost of title <br />insurance for the site. The closing date is set for 45 days after <br />all contingencies are satisfied. Curiously, the contract is <br />written to allow the buyer the ability to assign the contract. The <br />contract is contingent upon four items. That being: <br />1. Buyer obtaining site plan approval satisfactory to buyer. <br />2. Seller furnishing -sufficient water supply to the site. <br />3.. The successful testing and approval of the site by the <br />applicable governmental agencies. <br />4. Provision that in the event the Society desires to sell the <br />realty the County shall have the right of first refusal to <br />purchase the property for the sum of $10,000.00 plus the <br />• appraised value for all improvements situated on the property. <br />The following aspects with respect to the -contract should be <br />reviewed. <br />1. The contract does not limit the time in which the buyer must <br />satisfy the contingencies. <br />2. No provisions have been arranged for the County to pay the cost <br />of supplying the water to the site. <br />3. No arrangements have been made to date for the County to <br />release an easement for parking cars on the strip adjoining the <br />property. <br />4. <br />The original letter to the County indicated "if the Humane <br />Society at a future time is dissolved, the land and buildings <br />will revert to people of Indian River County to be used for the <br />care of homeless animals." No provisions are mentioned in the <br />sales agreement to accomplish this commitment. <br />Resp ully ban' <br />y . randenbur <br />30 <br />