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Item J4 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: May 18, 2005 Division: Land Authority Bulk Item: Yes No l Staff Contact Person: Mark Rosch Agenda Item Wording: Approval to purchase Key Largo acreage (RE 90830-000000) for conservation. Item Background: This acquisition is proposed pursuant to BOCC Resolution 39-2004, which calls for the Land Authority to purchase natural areas consisting of at least two acres of upland native habitat located outside the Conservation and Natural Area. The subject property consists of 3.8 total acres of land and baybottom, of which approximately 3.2 acres is above mean high water and approximately 2.9 acres is tropical hardwood hammock. Following initial work to remove solid waste and exotic vegetation from the site, land stewardship needs for this property are anticipated to be low. The Executive Director has executed the Land Authority's standard purchase contract for this transaction, with revisions negotiated by the Seller and approved by the Land Authority Attorney and the County Attorney. The agenda packet spreadsheet lists the legal description, purchase price, and estimated closing costs. Advisory Committee Action: On April 27, 2005 the Committee voted 4/0 to approve this item. Previous Governing Board Action: Sitting as the BOCC, the Board approved Resolution 39-2004 on January 21, 2004. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $513,218.50 Budgeted: Yes ~ No _' Costto Land Authority: $513,218.50 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney -L County Land Steward X. Executive Director Approval: Mt. \ fll-- UMark J. Rosch To Follow: Not Required: Documentation: Included: X Disposition: Agenda Item LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: May 18, 2005 Division: Land Authority Bulk Item: Yes No l Staff Contact Person: Mark Rosch Agenda Item Wording: Approval to purchase Key Largo acreage (RE 90830-000000) for conservation. Item Background: This acquisition is proposed pursuant to BOCC Resolution 39-2004, which calls for the Land Authority to purchase natural areas consisting of at least two acres of upland native habitat located outside the Conservation and Natural Area. The subject property consists of 3.8 total acres of land and baybottom, of which approximately 3.2 acres is above mean high water and approximately 2.9 acres is tropical hardwood hammock. Following initial work to remove solid waste and exotic vegetation from the site, land stewardship needs for this property are anticipated to be low. The Executive Director has executed the Land Authority's standard purchase contract for this transaction, with revisions negotiated by the Seller and approved by the Land Authority Attorney and the County Attorney. The agenda packet spreadsheet lists the legal description, purchase price, and estimated closing costs. Advisory Committee Action: On April 27, 2005 the Committee voted 4/0 to approve this item. Previous Governing Board Action: Sitting as the BOCC, the Board approved Resolution 39-2004 on January 21, 2004. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $513,218.50 Budgeted: Yes ~ No _' Costto Land Authority: $513,218.50 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney -L County Land Steward X. Executive Director Approval: Mt. \ fll-- UMark J. Rosch To Follow: Not Required: Documentation: Included: X Disposition: Agenda Item Property Key Largo Acreage RE#00090830-000000 (Ettinger) PURCHASE CONTRACTS 05/18/05 Envr. Audit, Survey, Purchase Appraisals or Title Price Clean-up Insurance $500,000.00 $10,000.00 $2,700.00 Attorney Fee $500.00 Recording Fee $18.50 Acquisition Total $513,218.50 APR-06-2005 03:51 BEDROCK TITLE SERVICES 305 854 7745 P.Ol AGREEMENT FOR THE PURCHASE OF lANDS I ' ~ ,0., - ....ru. '.t THIS AGREEMENT i. made and entered into lhi. {y~ day of 'A (1'\ and between ~ 1 .2005, Ie by Lenny Ettinger and Jackie Ettinger hereinafter style the SeUer(i), for themselves, their heirs. executors, administrators, succeuors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, Hland Authorityj acting by and through the Executive Director ofth@ LAND AUTHORITY. WITNESSETH: 1. Selti,r(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereInafter set forth, and for the price of $500,000.00 for ail of the lands and other interests, which lands shall include ail tenements, hereditaments, together with all water and other easements, appurtenances. and any and all of the Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, Stilte 01 Florida, more particularly described as follows; to-wit: Acreage parcel at MM 98 on Key Largo (aee Attachment A for metes and bounds descriptIon) RE' 00090B30-o00000 2, TheSeller(s) agree that they have full right, power and authOrity to convey, that they Will convey to the LAND AUTHORITY the fee simple title together with legal and practical access thereto clear, free and unencumbered, exeept sUbj&ct to the following ea$ements or reservations: Existing easement! for canals. ditches, flumes, pipelines, rsilroads. public highways and roads, telephone, telegraph. power transmission lines and public utilitiea. The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survay discloses encroachments on the feal property or that improvements located thereon encroacn on setback lines, easements, lands of others, or violate anyreatrictions, contract covenantt. or applicable governmental regulations, the SElme shall constitute Ii title defect. Seller(s} shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualification set forth herein. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar ilnd in accordance with law. The L.AND AUTHORITY shall have sixty (60) days from the effec1ive date in which to examine title. If title Is found defective, the LAND AUTHORITY shall, within this speeifled time period. Seller(s) in writing specifying defect(e), If the defect(s} render title unmarKetable the SaUer(s) have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), railing which the LAND AUTHORITY shail have the option of either accepting the title as it then is or rescinding 1he oontract herein: thereupon the LAND AUTHORITY and the Seller(s) shall one another of all further obllgstions under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to corract defeeHs) in title Within the time provided therefore. 3. The Seller(s) further agree not 10 do, or suffer others to do, !'!In)' act by which the value or title to lands may be diminished or encumbered, It is further agreed that any IOS8 or damage 1 APR-OG-2005 03:52 BEDROCK TITLE SERVICES 3D!:' 854 7745 P.02 oCCurring prior to the vesting of satisfactory title In the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); ana that, in the event any such los$ or damage occurs, the LAND AUTHORITY may refuse. without liability, to accept conveyance of said lands. or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this jm~trument officers and accredited agents of the LAND AUTHORITY shall have at atl proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes. including examination of said lands and the resources upon them. In the event the LAND AUTHORITY's inspections damBg& said lands, the LAND AUTHORITY shall repair said damage. Further, the LAND AUTHORITY shall hold harmless and indemnify the Seller($) from any cause of action by the LAND AUTHORITY or the LAND AUTHORITY'S agents resulting from said inspections or entering. upon the lands on behalf of the LAND AUTHORITY. ,'1'''''e $e1l6r(s) hertiby WaiVCl U reir I igM$ to any -:and all \ilall"!'ls agail.et U,e "-ANn ~IIT""QflITY ur Monroe CeljAty u,eeiated with, er arising from- ,- eWl'\er9l'1i~ Iil" i~id lands BAS t!alia wai..'F ~hall SUn,iv6 c.lo,;ng. __ ""- 5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND AUiHORITY e good a.nd $ufficlent deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY and said deed shall provide that the use, occupation and operation of th& rights-of- way. easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be presoribed by the LAND AUTHORITY governing the use. occupation, protection and administration of lands, The LAND AUTHORITY shall prepare the deed and closing papers for approval by the Seller(s)' attorney and sa!d approval shall not be, unreasonably withheld. 6. In ccnside/liltion whereo1 the LAND AUTHORITY agrees that it will purchase all of said lands and' other interests af the price of $500.000.0Q, The LAND AUTHORITY further agress that. after the preparation, execution, delivery and recordation of the deed. and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchali6 price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the conveyance of the property: deed recording fees, settlement fees. abstraet fees. title elCaminatJon fees. the Buyer's attorney's fee., and title Insurance, as well 8S the pro rata share of prepaid real property taxes allocable to the period subsequent to the vestlng of tllle in the LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever Is earlier. The Seller(s) shall pay the &)(penaes of documentary stamps to be affixed to the deed. Full po&&esslon of the premises shall pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above, 7, It is mutually agreed that an abstr~~, title Insurance policy or othAr AvidAnce of title to the property herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY any documents in Serler(&)'s possession establishing evidence of title including, but r'iOt limited to, abstracts, title commitments. title pOlicies and opinions 01 title 8. It shell be the obligation of the Seller(s) to pay all taxes prorated through the closin9 date and assessments outstanding aa liens at the date title vests of record In the LAND AUTHORITY, whether or not such taxes and as&e$sments ere then due and payable. :2 APR-06-2006 03:54 BEDROCK TITLE SERVICES 305 854 7745 P.03 e, It i$ mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s} by mail addressed to the Seller(a) at the following addres&: 9321 NW 48(1\ Dora. Terrace Miami, Fl 33118-2015 and shell be effective upon date of mailing and shall be binding upon all of the Seiler(s) without sending a separate notice to each, except as such obHgation may be affected by the provisions of paragraph 6 hereof, 1 a. The property shall be dl!!tlvered at closing free of any tenant or occupancy whatsoever, 11. The effective date of this agreement &hall be that date when the last one of the Seller(s) and the LAND AUTHORITY has signed this agreement. 12, Tne l.AND AUTHORITY shall have sixty (60) days from the effective date of this agreement in which to conduct an environmental site assessment to determine the existence and extent. if any, of any hazardous materials on the property. For the purposes of this agreement. "hazardous materia!tiu shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any environmental law If the environmental site assessment identifies the presence of ha2:ardous materials on the property, the LAND AUTHORITY shall, within this specified time period, notify Seller(s) in writing of the findings, The Seller(s) will then have one hundred twenty (120) days from receipt of notice within which to pursue, at Setll!l!r(s)' sole cost and expense, any ansssmenl, clean-up, and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, failing which the LAND AUTHORITY shall have the option of either accepting the property as it then is or rescinding the contract herein: tnereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement 13. Seller(s) shall have the riGJht to elect in writing to exchange the property for one or more properties in a transaction intending to qualify as a ta)(-deferred exchange under the provisions of Section 1031(a) of the Internal Revenue Code of the United Statos. The LAND AUTHORITY agrees to cooperate with Seller(s) and take all reasonable actions neoessary, including the execution of appropriate documentation, to permit Seller(s) to exchange the property for one or more properties pursuant to the provisions of Section 1031(a) of the Code, provided that the exchange does not delay the closing on the property as provided for in this Agreement 14. In the event of any controver!lY, claim or dispute arising under this Agreement, the parties agree to the jurisdiction and venue of the federal and state courts in Monroe County, Florida and the prevailing party shall be entitled to recover reasonable attorney's fees and costs, Including appeals. 3 AFR-06-2005 03:55 BEDROCK TITLE SERVICES 305 8[54 7745 P.04 15. If the Seller(s) wish to proceed with this transac1ion, the Seller(!) ha~e until April 8. 2005 to sign and return this oontract to the LAND AUTHO~ITY. Notwithstanding any provision of this Agreement to the contrary, this transaction shall close on or before 60 days from the effective data and said oloslng is contingent upon approval by the LAND AUTHO~ITY Governing Board, failing which the LAND AUTHORITY and the Seller(s} shall release one another of all further obligations under this Agreement. IN WITNESS WHEREOF, the Seller(s) and the LAND AUTHORITY have hereunto signed their names and affixed ineir respective seals. Seller/ Lenny Ettinger '1-4 ~j- (52 7 / - 32- - c)f? I- Date Socia! Security NumDeK The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR, has executed this agreement on behalf of the MONROe COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this 8th day of __ April , 2005 MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY I xecutive Director 4 APR-06-2005 03:56 BEDF.OCK TITLE SERVICES 305 854 7745 P.05 ATTACHMENT A RE# 00090830-000000 A portion of Lot B, according to the Plat of Government Lots 5 and 6 and the NW Y. of the NW X of Section 5, and Lots 1 and 2 of Section 6, Township 62 South. Range 39 East, made by George L. MacDonald and recorded in Plat Book 1, Page 59 of the Public Records of Monroe County, Florida more particularly described as follows: From the intersection of the dividing line between Lots 7 and 8, according to said plat recorded in Plat Book 1, Page 59. and thtol ~uuthea$terly right-of-way line ot Old Stlll18 Road 4A, run southwesterly on said southeesterly right-of-way lIne a distance of 110 feet to the point of beginning of the parcel hereinafter d8scribed; thence continue southwesterly along said 60utheasterty right-of-way line a distance of 225 feet; thence southeasterly at right angles to said southeasterly right-of-way line a distance of 700 feet more or less to the shore of the Atlantic Ocean; thence northeasterly meandering said shore to a pOint of intersection with a line which runs southeasterly from the point of beginning and at right angles to said southeasterly rlght-af-way line; thence northwesterly along said line a di8tance of 787 feet more or tess to the point of beginning. TOTAL P.05 OO?:-; .S\ ...J!:J ~ , <(<( ~ 0- 00 O::Z <(::> o~ o <(z Q::; O::z 0- ...J<( u..~ ~ J <( ~~ Oen ri Oz ~<( ~o <(0 a w en c:~ LU::> 0..0 ~~() ~ Q ~ o ~ o / I ROCK HARBOR Mile Marker 98 Island Ettinger (RE#00090830-000000 Key Largo Property