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Home My WebLink About2001-044 RESOLUTION NO. 2001- 044 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LEASE OF COUNTY PROPERTY TO THE HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY, INC. WHEREAS, Indian River County has agreed to purchase the current facility and property operated by the Humane Society of Vero Beach and Indian River County, Inc. (HUMANE SOCIETY); and WHEREAS, the HUMANE SOCIETY needs to maintain its operations until a new facility is constructed; and WHEREAS, the HUMANE SOCIETY has made application to Indian River County to lease its current facility and property until such time as the new facility is constructed; and WHEREAS, the Board of County Commissioners has found that the property is not currently needed for County purposes and that the use of the property as an animal shelter and for educational activities and other related purposes serves to promote the general health, safety, and welfare of the citizens of Indian River County, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. That the HUMANE SOCIETY has made application for the lease of certain real property and facilities as described in Exhibit "A" attached. 2. That the leased property is to be used for an animal shelter and for related educational activities and other purposes of the HUMANE SOCIETY. 4/2001RESO(LEGAL)WGC/nhm 1 RESOLUTION NO. 2001- 044 3. That the term of the lease will be for five years or until 90 days after the HUMANE SOCIETY receives a Certificate of Occupancy for its new facility, whichever is earlier. 4. That the rental consideration for the lease shall be One Dollar ($1.00) per year payable Five Dollars ($5.00) in advance. The resolution was moved for adoption by Commissioner Macht and the motion was seconded by Commissioner Ti ppi n , and, upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Ayp Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 10th day of April, 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By s Caroline D. Ginn, Chairman W ATTEST,--)-e fr=ey K. Baton, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY] Deputy Cler BY ��=� "y> WILLIAM G. COLLINS II C)EPUTY COUNTY ATTORNEY' 4/2001RESO(LEGAL)WGC/nhm 2 EXHIBIT "A" (a) North 660 feet of the East 20 acres of Tract 10, Section 28, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25; all being situated in Indian River County, Florida. (b) The West 50 feet of the North 660 feet of Tract 9, Section 28, Township 32 South, Range 39 East, according to the last general plat of the lands of the Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida. Less the North 30 feet for canal right-of-way. Now lying in Indian River County. (c) Parking areas described in existing lease agreements dated October 16, 1990 and December 15, 1992. 4/2001RESO(LEGAL)WGC/nhm 3 CONTRACT FOR THE SALE AND PURCHASE OF REAL PROPERTY AND RELATED MATTERS Seller, HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY, INC., (the "HUMANE SOCIETY") and Buyer, INDIAN RIVER COUNTY, a political subdivision of the State of Florida, (the "COUNTY"), hereby agree that the respective Seller shall sell and the Buyer shall buy from the Seller the following described property upon the terms and conditions hereinafter set forth as follows: 1. Improved Real estate located in Indian River County, Florida which consists of two (2) five (5) acre contiguous parcels, more or less, of real property located along South Gifford Road, more particularly described as follows: (a) North 660 feet of the East 20 acres of Tract 10, Section 28, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25; all being situated in Indian River County, Florida. (b) The West 50 feet of the North 660 feet of Tract 9, Section 28, Township 32 South Range 39 East, according to the last general plat of the land of the Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida. Less the North 30 feet for canal right-of-way. Now lying in Indian River County. 2. Purchase Price. COUNTY shall pay to HUMANE SOCIETY at closing the sum of THREE HUNDRED EIGHTY THOUSAND DOLLARS ($380,000.00), said payment to be by cash or warrant or cashier's check. The County shall commit to the HUMANE SOCIETY the sum of TWENTY THOUSAND DOLLARS ($20,000.00) towards the paving costs related to the prospective new location between 58th Avenue and 66th Avenue. Finally, the COUNTY will pay the sum of$40,248.00 at closing which represents the equivalent value of thirteen (13) sewer ERUs and three (3) water ERUs. 3. Time for Acceptance. The date of contract, for purpose of performance, shall be regarded as the date when the last one of the HUMANE SOCIETY and COUNTY has signed this contract. 4. Closing Date. This contract shall be closed and the Deed shall be delivered on or before thirty (30) days after the execution of this Contract. 5. Closing Costs. The COUNTY shall incur all closing costs associated with this transaction permitted by law-with the exception of costs prohibited by State law. 6. Lease. Pursuant to Section 125.38, Fla.Stat. COUNTY shall execute a Lease to HUMANE SOCIETY relative to the realty and improvements transferred hereunder in a separate but contemporaneous document. The substance of the Lease is that the HUMANE SOCIETY shall remain in possession of the subject property at the cost of$1.00 per year until 90 days after such time the HUMANE SOCIETY receives a C.O. for its new facility or, at it's sole discretion seeks to terminate the lease upon a thirty (30) day notice. The parties acknowledge that there exists two (2) existing leases relative to certain parking more particularly described in documents executed on or about the dates of December 15, 1992 and October 16, 1990. Said Leases shall remain in effect until 90 days after such time that the Seller receives a Certificate of Occupancy for it's new facility or elects to terminate same upon thirty (30) days notice. 7. Conveyance. HUMANE SOCIETY shall convey title to the aforesaid property to COUNTY by Special Warranty Deed. 8. HUMANE SOCIETY has the option to retain possession and title to the following property P Y which may be removed upon expiration of this Lease: (a) kennel fencing (b) sliding doors in kennels (c) exhaust fans (d) outdoor shelters for livestock (e) outdoor light poles and fixtures (f) County shall retain the perimeter fencing. 9. The COUNTY shall maintain and incur the cost of operation and necessary repairs to the following: (a) lift stations (b) all costs associated with the lift station operations and lift station utility bills (c) cost of all activities associated with remediation of the subject property, if required. The Humane Society shall incur no expense nor any responsibility whatsoever relative to any remediation or efforts to address the contamination as to the subject property. 10.Restrictions and Easements. The COUNTY shall take title subject to (a) zoning and/or restrictions and prohibitions imposed by governmental authority. (b) public utility easements of record, (c) any and all other restrictions or reservations contained in a title insurance policies, subject to said policy, insuring marketable title. 11. HUMANE SOCIETY shall provide and carry liability insurance coverage f rated best A+ VII in an amount not less than THREE H g from a company HUNDRED THOUSAND DOLLARS ($300,00.00) per occurrence and comply with the County ordinances as to compensation coverage. The COUNTY shall ben the worker's named an additional insured. 12.Contract Recordable. The parties agree that this agreement may be recorded Records of Indian River County, Florida, at the expense in the Public P of the recording party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names, on the date set forth beneath their signatures. Date: April 10, 2001 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Caroline D. Ginn, C �irpers�on � Attest::/ r, Je ey . Barton, Cle\c Date: HUMANE SOCIETY OF VERO BEACH AND INDIAN V R OUNTY, INC. By: J/D 4ileen right, President Attest: D. Derr , Secretary APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY