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Home My WebLink About2017-029RESOLUTION NO. 2017 - 029 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE SALE OF THE 16TH STREET BALLFIELD PROPERTY IS IN THE BEST INTERESTS OF THE CITIZENS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, the County owns a parcel of property located north of 16th Street between 20th Avenue and 17th Avenue in Vero Beach, Indian River County; and WHEREAS, the property is known as the 16th Street Ballfields and contains improvements consisting of three softball/little league/baseball diamonds with lights, fencing, parking, concession, press boxes and announcers' booths; and WHEREAS, the County no longer desires to maintain the property and has declared the Ballfield property to be surplus; and WHEREAS, the Jimmy Graves Foundation was organized by Carole and Joseph Graves, whose son, Jimmy Graves died in a boating accident; and WHEREAS, the family and friends of Jimmy Graves wish to carry on the spirit and memory of this accomplished multi -sport athlete by purchasing the Ballfield property in order to honor the life of Jimmy Graves. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. It is in the best interest of the health, safety and welfare of citizens of Indian River County to sell this property to the Jimmy Graves Foundation for the sum of $250,000. 2. Staff is hereby directed to take the steps necessary to prepare the documents necessary to effectuate the sale of the Ballfield property to the Jimmy Graves Foundation. 3. " This Resolution is being made pursuant to Florida Statute 125.38. 1 RESOLUTION NO. 2017 - 029 This resolution was moved for adoption by Commissioner 71dam , and the motion was seconded by Commissioner Flescher , and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher AYE Vice Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYE Commissioner Bob Solari ABSENT Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duly passed and adopted this 14th day of March, 2017. Approved as to form and legal INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners By ph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk sufficiency: of the Court and C ptroller illiam K. DeBraal Deputy County Attorney By Deputy Cler 2 Kevin M. Barry °• 5 Brooke M. Benzio Rebecca F. Emmons 6 Stephen J. Lacey 1,3•9 Aaron D. Lyons 7.8 Justin W. McConnell Chelsea A. Miller J. Cole Oliver Tiffany S. Padgett Patricia L. Reid Bradley W. Rossway Gregory J. Schwendeman' Helen E. Scott Jason D. Slater 2 R. Blake Smith John M. Stewart Michael J. Swan Thomas W. Tierney 2 Timothy M. Williams Clifton A. McClelland, Jr. Of Counsel William J. Stewart Of Counsel Edward P. Swan (1927-2012) ' LLM - Taxation 2 Also admitted in CA 3 Also admitted in GA Also admitted in MA Also admitted in NY 6 Also admitted in OH ' Also admitted in PA 8 Also admitted in TN Also admitted in VA LOCATIONS VERO BEACH The Modern One Building 2101 Indian River Blvd. Suite 200 Vero Beach, FL 32960 772.231.4440 MELBOURNE One Harbor Place 1901 S. Harbor City Blvd. Suite 500 Melbourne, FL 32901 321.984.2700 CORAL GABLES* Gables International Plaza 2655 LeJeune Rd. Penthouse 1-C Coral Gables, FL 33134 305.443.5020 `ByAppposntment thff ROSSWAY SWAN ROSSWAY SWAN TIERNEY BARRY LACEY & OLIVER, P.L. WWW. ROSSWAYSWAN.COM March 7, 2017 VIA EMAIL TO: ibrownnu,irceov.com Jason E. Brown County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 RE: Jimmy Graves Foundation, Inc. ("Buyer') proposed purchase from Indian River County ("Seller") of "17`x' Street Ballfields" Dear Mr. Brown: This firm has the pleasure of representing the Jimmy Graves Foundation, Inc. in connection with the above -captioned matter. This letter represents a formal declaration of the Foundation's intent to purchase the property general identified as the "171h Street Ballfields" which consist of approximately 11.76 acres on the north side of 16th Street between 17th and 20th Avenue in the City of Vero Beach, Florida on the following terms and conditions: Property: Price: Purchaser: Earnest Money: FROM SW COR OF SE 1 /4 RUN N 80 FT TON R/W OF 16TH ST & POB, TH E 943.19 FT TO W R/W OF 17TH AVE, TH N 463.5 FT, RUN W 250 FT, RUN N 245 FT, RUN W 233.74 FT, RUN S 108.5 FT, RUN W 447 FT, TH S 600 FT TO POB LESS W 8 0 FT (RILEY FIELD BASE BALL DIAMONDS) $250,000.00 (Two Hundred Fifty Thousand Dollars). Purchase price is based, in part, upon existence of restrictive easements on the property and Purchaser's anticipated expenses associated with property improvement and need to change the future land use of the property to construct such improvements. Jimmy Graves Foundation, Inc. a Florida not for profit corporation (or its to be formed tax exempt whole owned LLC) $10,000.00 to be deposited into an escrow account held by Rossway Swan Tierney Barry Lacey & Oliver, P.L. within five (5) days of the effective date of a formal Purchase and Sale Agreement (the "Effective Date"). Deposit to be fully refundable at any time during the Due Diligence period, upon notice. NY sep E. Flescher r 1�c•: ` _ _ / hairman Due Diligence: Purchaser shall have a 10 business days due diligence period from the Effective Date and receipt of all relevant documents and records from County. Contract: Purchaser shall provide a draft purchase and sale agreement to seller within 5 business days of the execution of this letter. Closing Expenses: Each party shall be responsible for their own closing expenses traditionally paid for on transactions of this nature in Indian River County, Florida. Closing Date: Within 30 calendar days after the expiration of the Due Diligence Period. Contingency: Due diligence acceptable to Purchaser in its sole and absolute discretion, which includes without limitation: appraisal, environmental matters, physical inspection, title, zoning and financing. This letter of intent is not intended to create a binding agreement on the Seller to sell or the Purchaser to buy. The purpose of this letter is to set forth the primary terms and conditions upon which to execute a formal Purchase and Sale Agreement. All other terms and conditions shall be negotiated in the formal Purchase and Sale Agreement. This letter of intent is open for acceptance through March 21, 2017. Sincerely, Reb- c. F. Emmons, Esq. for the Foundation Agreed and accepted: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER CO w , FLORIDA By: W _ _ ` ice% _ / Date: March 14, 2017 ATTEST: Jeffro A R. Smith ,/� -rk of Court and Comptroller BY: P Y APPROVED AS TO FORM AN 1 A!. ^ f'F)"' i / ir S ,i1 BY _ WILLIA'" r..: 1.:6RAAL DEPUTY CvUNI Y ATTORNEY er