Okaloosa County BOCC — August 5, 2014 — Resolution Approving Transfer and Exhibits — reading text

RESOLUTION 2014- A RESOLUTION AUTHORIZING THE TRANSFER OF PROPERTY TO THE OCEAN CITY-WRIGHT FIRE DISTRICT; ESTABLISHING THE CONSISDERATION TO BE PROVIDED; DETERMINING THAT SUCH PROPERTY IS REQUIRED FOR SUCH USE AND IS NOT NEEDED FOR COUNTY PURPOSES; AUTHORIZING THE CHAIRMAN TO EXECUTE THE REAL ESTATE TRANSFER AGREEMENT AND TO EXECUTE THE QUIT CLAIM DEED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Okaloosa County (the “County”) owns that certain parcel of real property that is more particularly described in the Real Estate Transfer Agreement which is attached hereto as Exhibit “A” and made a part hereof (the “Property”); and WHEREAS, that property was previously leased to the Ocean City-Wright Fire District (the “Fire District) and has been used as the location of a fire station from which the Fire District provides fire and public safety services for the homes, businesses and citizens located with the boundaries of the Fire District in the geographic area of the Property; and, WHEREAS, the Fire District has constructed substantial building improvements on the Property and uses the Property as a permanent site for one of its fire stations; and WHEREAS, the Fire District, which is an independent district created by an Act of the Legislature, has made application to the County to convey fee simple title of the Property to it. WHEREAS, the Fire District’s continued use of the Property is in the best interest of the residents of Okaloosa County residing within the jurisdictional boundaries of the Fire District and is a proper public governmental use of the Property, which benefits the County by facilitating the delivery of fire and public safety services to its citizens; and, WHEREAS, the Property is not needed for County purposes; and WHEREAS, it would be in the best interest of both the County and the Fire District for the Fire District to obtain ownership of the Property and become fully responsible for the long- term care, maintenance and control of the Property and the facilities located thereon at its own cost and expense. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY: 1. The recitals set forth above are approved and incorporated as essential terms and conditions of this Resolution. 2. This Resolution is adopted pursuant to the provisions of section 125.38, Florida Statutes and all of the requirements of that statute have been found and satisfied. 3. The Board determines that it is in the public good to convey the Property to the Fire District and to continue its use as a fire station which provides fire and public safety services for the homes, businesses and citizens located with the boundaries of the Fire District in the geographic area of the Property. The Board also determines that the Property is not needed for County purposes. 4. The terms of the sale of the property are as set forth in Exhibit “A” and in consideration of the transfer, Fire District shall waive the plan review fees and all fire inspection fees related to the County’s intended renovation and/or construction at the current County courthouse annex located in Shalimar adjacent to the Property and those same fees related to construction at the Sheriffs Administration Offices located on 2™ Street in Shalimar. 5. Additionally, the quit claim deed shall contain a reverter clause, which shall provide that if the Property should ever cease to be used by the Fire District as a fire station for the provision of fire and public safety services for the homes, businesses, and citizens located within the boundaries of the Fire District, that the ownership of the Property and the permanent improvements located thereon shall automatically revert to the County. 6. The Chairman is authorized to sign the Real Estate Transfer Agreement and to execute the Quit Claim Deed attached to that Agreement. 7. This Resolution shall become effective upon adoption. DULY ADOPTED this day of August, 2014. ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr., Chairman REAL ESTATE TRANSFER AGREEMENT THIS AGREEMENT is entered into effective the day of 2014, by and between THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"), whose address is 1804 Lewis Turner Boulevard, Suite 100, Fort Walton Beach, Florida 32547 and the OCEAN CITY-WRIGHT FIRE CONTROL DISTRICT, and independent fire control district under the laws of the State of Florida (the "Fire District"), whose address is 2 Racetrack Road NE, Fort Walton Beach, Florida 32547. WITNESSETH: WHEREAS, the County owns that certain parcel of real property that is more particularly described on Exhibit “A” attached hereto and made a part hereof (the “Property”), which is leased to the Fire District; and, WHEREAS, the Fire District has constructed substantial building improvements on the Property and uses the Property as a permanent site for one of its fire stations, providing fire and public safety services for the homes, businesses, and citizens located within the boundaries of the Fire District in the geographical area of the Property; and, WHEREAS, the Fire District’s continued use of the Property is in the best interest of the residents of Okaloosa County residing within the jurisdictional boundaries of the Fire District and is a proper public governmental use of the Property, which benefits the County by facilitating the delivery of fire and public safety services to its citizens; and, WHEREAS, it would be in the best interest of both the County and the Fire District for the Fire District to obtain ownership of the Property and become fully responsible for the long-term care, maintenance and control of the Property and the facilities located thereon at its own cost and expense. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the Fire District, intending to be legally bound, do agree as follows: 1. The County shall convey fee simple ownership of the Property to the Fire District Page 1 of 3 EXHIBIT A TO RESOLUTION by Quit Claim Deed, free and clear of any financial liens or other encumbrances with the exception of any easements that may exist on the property and a reverter clause, which shall provide that if the Property should ever cease to be used by the Fire District as a fire station for the provision of fire and public safety services for the homes, businesses, and citizens located within the boundaries of the Fire District, that the ownership of the Property and the permanent improvements located thereon shall automatically revert to the County. A form of the Quit Claim Deed to be provided is attached hereto as Exhibit “B”. In consideration for the County’s transfer and conveyance of ownership of the Property, the Fire District shall waive the plan review fees and all fire inspection fees related to the County’s intended renovation and/or construction at the current County courthouse annex located in Shalimar adjacent to the Property and those same fees related to construction at the Sheriff’s Administration Offices located on 2™ Street in Shalimar. It is expressly understood that this fee waiver does not include a waiver of the required impact fees that will be payable by the County to the Fire District based on the square footage of new construction at both the courthouse annex facility and the Sheriff's offices. Each party to this transaction shall bear its own attorneys’ fees and the Fire District shall be responsible for all other closing costs required to conclude this transaction. Upon recording of the Quit Claim Deed to the Property, the current lease agreement between the County and the Fire District for the Property shall be terminated and become null and void. Page 2 of 3 IN WITNESS WHEREOF, each of the parties have caused their respective officers and/or authorized representatives to affix their hands and seals to this Agreement on the dates indicated below to be effective as of the day and year first above written. ATTEST: BOARD OF COUNTY DON W. HOWARD COMMISSIONERS OF CLERK OF THE CIRCUIT COURT OKALOOSA COUNTY, FLORIDA By: By: Gary J. Stanford, Charles K. Windes, Jr., as Chairman Deputy Clerk of Circuit Court Date: Okaloosa County, Florida ATTEST: OCEAN CITY-WRIGHT FIRE CONTROL DISTRICT om a — BY: “7 cretary-Treasurer Michael Urenda, as its Chairman Date: Soly Si 2074 . 7 Page 3 of 3 EXHIBIT “A” SECTION 8 PARCEL OF LAND N THE NGRTIVEST ONE, QUARTER 6 _ fOANSHIP 2 2 SOUTH, ON aie NORTH ‘ey THE cr site GONTAI NG THAT PG: 954. | LR s E LY eS CLOSED. ‘BY. ort ANGE ‘6 ae Bait 2 MA WEST OF HIG Hive f&Y #85 CLOSED BY ORDINANCE # 7 MORE PARTICULARLY DESCRIBED AS FOLLOWS: ORET Te OTHE P “ALONG EAS ANCE OF & TIN £ ALONG SHB EAST LINE. A DISTANCE oF 255.8: THENCE Cok " PONT OM THE CURVED. WESTERLY RIGHT_OF_WAYT LINE RIGHT-OF-WAY: THENCE GO NORTHEASTERLY ALGNG THE ie RIGHT-OF-WAY LINE BEING: CONCAVED SGUTHEASTERLY AE “FEET, AN ARC GISTSNCE OF 251.84 FEET, A CENTRAL ANGLE OF a net ye CHRD = 351.85 FEET, CHORD SEARING = NORTH 21°59°48" EAST: THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY, GO RORTH 884400" west, ‘A GISTANCE OF 194,87 FEET‘T& THE POINT OF BEGINNING. ne SAND EXCEPT A STRIP OF:LAND ON THE. § LES TH PORTION GF LOTS 25-28 INCLUSIVE, : 120, PORT DIXIE SUBDIVISION, DEEDED TQ OKALOOSA COUNTY GAS LISTRICT FOR 4 -SECULATING STATION AS SECORDED IN. DEED. BOSK in, (A PAGE 417 OF THE OFFICIAL RECORDS OF ORALOGSA COUNTY, FLORIDA. Prepared by and return to: Gregory T. Stewart, Esq. Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224-4070 QUIT CLAIM DEED THIS QUIT CLAIM DEED effective this _— day of August, 2014, by OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1804 Lewis Turner Boulevard, Suite 100, Ft. Walton Beach, Florida 32547, hereinafter called “Grantor,” to OCEAN CITY-WRIGHT FIRE CONTROL DISTRICT, and independent fire control district under the laws of the State of Florida hereinafter called "Grantee", whose address is 2 Racetrack Road NE, Fort Walton Beach, Florida 32547. WITNESSETH: That Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, all that certain real property, more particularly described on Exhibit A attached hereto and incorporated herein, including any rights to improvements that have made upon such property. TOGETHER with all the tenements, hereditaments and appurtenances thereto of Grantor belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD, the same in fee simple forever, however provided that should the Property ever cease to be used by the Grantee as a fire station for the provisions of fire and public safety services for the homes, businesses, and citizens located within the boundaries of the Grantee, that the ownership of the Property and the permanent improvements located thereon shall automatically revert to the Grantor. EX B IN WITNESS WHEREOF, Grantor has caused this Quit Claim Deed in favor of Grantee to be executed in its name, by its proper officers hereunto duly authorized, the day, month and year first above written. Signed, sealed and delivered in the presence of: OKALOOSA COUNTY, FLORIDA Sign: By: Print: Charles K. Windes, Jr. Chairman Sign: Print: STATE OF FLORIDA COUNTY OF This instrument was acknowledged before me this day of , 2012 by Charles K. Windes, Jr., as Chairman of the Okaloosa County Board of County Commissioners, on behalf of said Board. He is [| personally know to me or []_ has _ produced as