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Home My WebLink About2005-114 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into a a new forty (40) year Lease (the 1980 Lease") for the Property that specifically recited that the 1964 Lease was revoked and terminated; WHEREAS, the 1964 Lease and the 1980 Lease were each entered in accordance with Florida Statutes section 125.38, the statutory authorization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 i RESOLUTION NO. 2005- 114 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that 1. the sale of the Property promotes the community interest and welfare; (ii) such Property is required for such community interest and welfare use; (iii) such Property is not needed for County purposes; and (iv) the purchase price for the Property is Three Hundred and Fifty-Two Thousand Dollars ($352,000.00). 2. an Agreement to Purchase and Sell Real Estate between the Board of County Commissioners of Indian River County, Florida, and the Sunshine Rehabilitation Center of Indian River County, Inc., a Florida non-profit corporation d/b/a Sunshine Physical Therapy Clinic., for Three Hundred and Fifty-Two Thousand Dollars ($352,000.00) is hereby approved. The foregoing Resolution was offered by Commissioner Bowden and seconded by Commissioner Davi s , and, upon being put to a vote, the vote was as follows: Chairman Thomas S. Lowther Ave Vice Chairman Arthur R. Neuberger Aye Commissioner Sandra L. Bowden Aye Commissioner Gary C. Wheeler Aye Commissioner Wesley S. Davis Aye The Chairman thereupon declared the Resolution duly passed and adopted this 2nd day of August, 2005. BOARD OF COUNTY COMMISSIONERS INDI VER COUNTY, FLORIDA s : Barton, C Thomas S. Lowther, Chairman Deputy Clerk App ed a o form and legal sufficiency: Maria F I Assistant County Attorn y 2 22 1 12 9 2 14 147 1 t 14 1g�< a atx 5 , � p10 N1p }lya 13 if 10 €1 lfl I - Ir 1 fd C,f tl i+ lk .♦f +T a3A-_ l: r '( p AY.. +mit "1D 3q '.+. �Df3 �15, r 1Jy t. 4 it gga 12 V { 11 1 12 11 $ 1$ 'iI p,th12 e �G -s1 ]27213." 2n Irl ' �elj SI�sB� tali ...� a t ## - � -.. � STREET g 10TH 5.,...�4, 3.I..""w.I'1 t ! 6' 4� g 2 .1�� ,,, ' I .. 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I " - -1 T 00007.0 710 1 13.43 AC n •,... 2 00000 7000 00001.2 1 141 AC CITY OF UUO0 VERO BEACH 2 ,, + q - C 26D 0429t RC y� 3 =0 070�0o0Q0'1 f Y A otlof�.o s- Jq k v I6 6 ( -�c 700 1 00000 b o 15 007002.0 00000 M1tt 306 i 1 Gt ,14-1 lJ _ 4 _ civ 00000 � � 7 t 13, 7000 00001.3 .. ... ..... t -- CITRUS BOWL 00000 T y 12 i �f 1t3d = 7000 i m33 11 00012.0E XH 1176 ACMa++er.xar�„..w jyq�� 1.09 AC ..-+''. +•.-..- 6D 66!,19 60320 � } 400 al) 23 1 122 16TH STREET 161-H STREET 0000 ; -�----------- _--_--_--_--_�_�T• 52. 2...i `;5. 2. -----------------------------------------------------------------------=a - _-'''^- PARCEL # 33390200000700000001.2 NAME INDIAN RIVER COUNTY, LEGAL ADDR1 C/O SUNSHINE REHAB CTR FROM SW COR OF SEI/4 OF SEC 2-33-39 RUN ADDR2 1705 17TH AVE N ALONG 1/4 SEC LINE 80 FT TO A PT ON N . ADDR3 R/W LINE OF 16TH ST, TH E 943. 19 FT MORE CITY VERO BEACH ST. FL ------------------------------------------------------------------------------ TAXES awmt. TIC 8 DR IRF EXEM. WHL ZIP 32960 ------------------------------------------------------------------------------ SALES 1===> SALE CD BOOK PAGE DATE PRICE 2===> SALE CD BOOK PAGE DATE PRICE ------------------------------------------------------------------------------ VALUES LAND 77900 BLDG 450000 MISC 20910 JUST VALUE 548810 ------------------------------------------------------------------------------ LA_ND ACRES 1 . 41 FRNTAGE 000000. 00 DEPTH . 00 TYPE A ------------------------------------------------------------------------------ IMP PUSE 8600 STYLE COMM BASE ADJ 7216 YRBLT 00 ----------------------------------------------------•-------------------------- PFTY AnnR 170.5 17TH AV V'-rn Raanh .7962 V1, -7 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE, AND SELL REAL ESTATE (this "Agreement") is made and entered into as of the2_nd_ day of X005, by and between Indian River County, a political subdivision of the State of Florida, 1840 25th Street,Vero Beach, FL 32960 ("Seller"), and Sunshine Rehabilitation Center of Indian River County; Inc., a Florida non-profit corporation d/b/a Sunshine Physical Therapy Clinic, 1705 17th Avenue,Vero Beach, FL 32960("Buyer"), who agree as follows: 1. Agreement to Purchase and Sell. Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 1705 17th Avenue, Vero Beach, County of Indian River, State of Florida and more specifically described on Exhibit"A"attached hereto and incorporated by this reference containing approximately 1.41 acres, in"as-is,where-is"condition,together with all easements, rights, and uses appurtenant thereto, if any, (collectively, the "Property"). 2. Purchase Price, Effective Date. The purchase price(the"Purchase Price")for the Property shall be Three Hundred and Fifty-Two Thousand Dollars($352,000.00). The Purchase Price shall be paid by Buyer to Seller on the Closing Date. The Effective Date of this Agreement shall be the date upon which Indian River County as Seller shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board,or by the County Administrator pursuant to his delegated authority. 3. Title and Survey. Seller shall convey marketable title to the Property by County deed, pursuant to Florida Statutes, Section 125.411, subject, as set forth herein, to that certain Lease between Seller, as Lessor, and Buyer as Lessee dated February 20, 1980 (the "Lease"); and further subject to property taxes for the year of Closing and covenants, restrictions, and public utility easements of record provided that none of the foregoing prevents Buyer's intended use and development of the Property(the"Permitted Exceptions"). The parties acknowledge and agree that at Closing the Lease shall terminate, by operation of law, upon recordation of the County deed contemplated in Section 6.1 of this Agreement. 3.1 At Buyer's sole cost, Buyer may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. Buyer shall, prior to the expiration of the Inspection Period(as hereinafter defined),deliver written notice to Seller of title defects. Title shall be deemed acceptable to Buyer if (a) Buyer fails to deliver notice of defects within the time specified; (b) Buyer delivers notice to Seller to terminate this Agreement, whereupon this Agreement shall be of no further force and effect; or(c) Buyer delivers notice to Seller to accept title subject to existing defects and proceed to closing. 3.2 At Buyer's sole cost, Buyer may obtain a survey of the Property (the "Survey"), certified to Buyer, Seller, the Title Company (and underwriter) issuing the Title Insurance Commitment, and Buyer's lender, if any, and certifying,that such Survey was prepared in accordance with the minimum technical requirements and standards promulgated by the Florida Board of Professional Land Surveyors. Any defects shown on the Survey shall be objected to and handled in the same manner as set forth in Paragraph 3.1 above; provided however, Buyer shall have five (5) days from receipt of the Survey to deliver written notice of any defects to Seller. 4. Inspection Period. Buyer shall have until 5:00 p.m. on the date that is thirty (30) calendar days from the Effective Date hereof(the"Inspection Period"), to determine, in Buyer's sole and absolute discretion,that the Property is suitable and satisfactory for Buyer's intended use. Buyer shall have the unconditional and absolute right to terminate this Agreement for any reason whatsoever during the Inspection Period, including but not limited to, the inability to obtain adequate financing. In order to terminate this Agreement, Buyer must provide Seller with written notice so stating no later than the expiration of the Inspection Period. Thereafter, the parties shall have no further duties, obligations or responsibilities hereunder, except matters specifically stated herein as surviving the termination of this Agreement. 4.1 Within five (5) business days after the Effective Date, Seller shall deliver to Buyer copies of all documents, if any, in Seller's possession concerning the Property ("Seller's Due Diligence Information"). During the Inspection Period, Buyer may cause its agents,consultants, surveyors, engineers,and employees, as needed,to go upon the Property to inspect, examine and otherwise undertake those actions which Buyer, in its discretion,deems necessary or desirable to determine the suitability of the Property for Buyer's intended uses. Neither Buyer, nor any of Buyer's agents, shall damage any portion of the Property or any surrounding property, and Buyer hereby agrees to indemnify and hold Seller harmless for any such damage caused by Buyer or Buyer's agents, and this indemnity shall survive the termination of this Agreement. 4.2 In the event Buyer fails to provide Seller with the required written notice of termination prior to the expiration of the Inspection Period, Buyer shall automatically be deemed to have elected to waive its right to terminate this Agreement under this Paragraph 4. Buyer shall keep the Property free and clear of any liens and encumbrances in connection with its inspections of the Property. 5. Representations of Seller. 5.1 Seller is seized of marketable,fee simple title to the Property,and is the sole owner of and has the authority to convey and transfer the Property, pursuant to Florida Statutes section 125.38, subject to the Lease as set forth in this Agreement. 5.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of Buyer. 5.3 Except as specifically set forth herein,Seller makes no representations or warranties of any nature whatsoever, express or implied, with respect to the Property. 6. Default. 6.1 In the event Buyer shall fail to perform any of its obligations hereunder, Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to Buyer prior to the Closing Date or at Closing and thereupon neither Seller nor any other person or party claiming by, though, or under Seller shall have any claim for specific performance, damages, or otherwise against Buyer; or (ii) waive Buyer's default and proceed to Closing. 6.2 In the event Seller shall fail to perform any of its obligations hereunder, Buyer shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to Seller prior to the Closing Date or at Closing and thereupon neither Buyer nor any other person or party 2 claiming by, though, or under Buyer shall have any claim for specific performance, damages or otherwise against Indian River County as Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Seller's default and proceed to Closing: 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" or "Closing Date") shall take place within sixty(60) days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) Indian River County as Seller shall execute and deliver to Buyer a County deed conveying marketable title to the Property as required by Paragraph 3 of this Agreement. (b) Buyer and Seller acknowledge and agree that Buyer is currently in possession of the Property under the terms of the Lease, and the delivery of unencumbered possession of the Property to Buyer shall be accomplished by the delivery and recordation of: (i)the County deed as set forth in this Agreement in the public records of Indian River Count, Florida; and (ii) the Indian River County Board of County Commissioners resolution required by Florida Statutes section 125.38 in the Indian River County Board of County Commissioners Records Books kept by the Clerk of the Circuit Court. (c) Buyer and Seller shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 8. Closing Costs: Expenses. 8.1. Seller shall prepare the County deed and resolution required in Paragraph 7.1 of this Agreement. 8.2 Buyer shall pay the following expenses at Closing: 8.2.1 The cost of recording the County deed, together with payment of all documentary stamps required to be affixed to the County deed; 8.2.2. All documentary stamps, any other taxes and surcharges, and all recording fees associated with the recordation of any note and mortgage obtained by Buyer; all recording fees on any financing statements associated with any financing obtained by Buyer; any and ail loan expenses incurred by Buyer in connection with the transaction contemplated in this Agreement.; and all title insurance premium and endorsement costs associated with any lender's title policy and owner's title policy for the Property. 8.2.3. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date(except current taxes which are not yet due and payable)shall be paid by Buyer. 8.3 Seller and Buyer shall each pay their own attorneys'fees, if any, in connection with the transaction contemplated in this Agreement. 9. Miscellaneous. 3 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, Buyer shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. Buyer shall have the right to participate in any such proceedings. 9.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between Seller and Buyer relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.4 Assignment and Binding Effect. Neither Buyer nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Buyer: Sunshine Rehabilitation Center of Indian River County, Inc. 170517 th Avenue, Vero Beach, FL 32960 Attn: Mr. Chris Beal . Facsimile # (772) 562-3153 With a Copy to: Rossway Moore & Taylor, P.L.C. 5070 N. Hwy A1A, Suite 200 Vero Beach, Florida 32963 Attn: Douglas Case, Esq. / Keiii M. Salo, Esq. If to Seller: Indian River County 184025 th Street, Vero Beach, FL 32960 Attn: Joseph A. Baird, County Administrator Facsimile# (772) 778-9391 Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party,or in any instruments delivered pursuant hereto or in connection herewith,shall survive the Closing Date 4 and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in Paragraph 2. 9.10 Special Conditions: 9.10.1. Lease. The parties acknowledge and agree that the Lease shall terminate, by operation of law, upon recordation of the County deed and resolution contemplated in Section 6.1 of this Agreement. 9.10.2.Zoning. The parties acknowledge and agree that the Property is located in the City of Vero Beach, and that all land use designations and zoning designations for the Property are governed solely by City of Vero Beach ordinances, regulations, and rules. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. BUYER: SELLER: Sunshine Rehabilitation Center INDIAN RIVER COUNTY, FLORIDA of Indian River County, Inc., Board of County Commissioners a Florida non-profit corporation d/b/a Sunshine Physical Therapy Clinic By------- ------------ ---- By:— --S�—�' ---- Title: _,zc?e c.v�_-_ aos��c o Y,j26e7-e* s Thomas S. Lowther, Chairman Date Signed: —_! S__ BCC Approval Date 08-02 2005 _ test: Barton, Cl rk B ---------------=----- Deputy Clerk Approved: By:_ _ _r_ A c-A--- _ County Administrator 5 Approved as to f m and legal sufficiency: I B --- 0 f 222 9 1?.. 14 - -- B f .3 14 9 - 14 9��- 14 21_ 13 1, S^ 3• g_ _11 12 11 1 11 1$ 11 1 g13. 1P- E. 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WHL ZIP 32960 ------------------------------------------------------------------------------ SALES 1===>' SALE CD BOOK PAGE DATE PRICE 2===> SALE CD BOOK PAGE DATE PRICE ------------------------------------------------------------------------------ VALUES LAND 77900 BLDG 450000 MISC 20910 JUST VALUE 54881( ------------------------------------------------------------------------------ LA_ND ACRES 1 . 41 FRNTAGE 000000. 00 DEPTH . 00 TYPE A -------------------------=--------------------------------------------.-------- IMP PUSE 8600 STYLE COMM BASE ADJ 7216 YRBLT 0( ------------------------------------------------------------------------------ DuV ➢nnD 17nXZ 97rnrs 71T� ----- - 4,- - -� •• "•