7/27/1999 - Laserfiche WebLink

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• In coordinating this matter with Wayne McDonough, the attorney for the Humane Society, the idea of a County deed rather than a ninety-nine year lease was discussed. Section 125.38, F.S., authorizes the County to make such transfer at a nominal price. ANALYSIS: Such a transfer would relive the County and any record keeping responsibility and possible liability. Accordingly, staff feels that a transfer of the property by deed rather than a long term lease is preferable. The proposed transfer would include the existing parking lease and an extension of the parking area and the five (5) acre tract west of the Humane Society. A legal description of the property and sketches of the parcels to be transferred is attached If the Board finds it desirable to issue a County Deed, it should contain a reversion clause and assumption of risk clause, which would read as follows: This conveyance is made on the condition that if grantee or grantee's heirs or assigns fails to use the above-described land for Humane Society activities, then all rights conveyed herein will revert to the grantor and grantor's heirs and assigns, and grantee, grantee's heirs or assigns shall forfeit all rights thereto. This deed is made and accepted on the condition and understanding that the land hereby conveyed was a former landfill and grantor assumes no responsibility or obligation for the condition of the property now or is in the future or for any liability that may attach or be associated with the former landfill. All risk shall vest with grantee or grantee's heirs or assigns. RECOMMENDATION: It is recommended that the Chairman be authorized to execute, on behalf of the Board of County Commissioners, a County deed with appropriate reversion and assumption of risk clauses transferring the property described in the attachment to the Humane Society. After Director Frame's presentation, County Attorney Vitunac explained that the restrictions recommended in the memorandum do not mean the County will not be liable for damages in the future; the County is still a potentially responsible party. It means that the County will not be subject to actions by the Humane Society. MOTION WAS MADE by Commissioner Ginn, SECONDED BY Commissioner Tippin, to approve staff's recommendation. Vice Chairman Adams believed there were people in the audience who wished to speak and Chairman Macht invited those who wished to speak to do so. Joan Carlson, Executive Director of the Humane Society of Vero Beach and Indian River County, wanted the Board to understand what they planned to do with the additional five -acre tract. She explained they are ready to begin the site plan and permitting process to build an educational adoption center on their existing site and initially put in a service road through the new tract for the purpose of animal control and for service vehicles. Additional JULY 27t 1999 75 600K 10 0 PAGE K?