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02/16/2022 Agreement �t MONROE COUNTY,FLORIDA VOLUNTARY HOME BUYOUT PROGRAM AGREEMENT FO PURCHASE This AGREEMENT made this gift. day of .���t+ , 2022, by and between Monroe County, a political subdivision of the State of lorida,whose post office address is 1100 Simonton Street, Suite 205, Key West, FL 33040 (hereinafter referred to as "Buyer") and Robert James Kinssies and Laura Marie Kinssies.(hereinafter referred to as"Seller(s)"): 1. OFFER AND DESCRIPTION. Buyer agrees to buy, and Seller(s)agrees to sell all of a certain piece, parcel or lot of land, and for all of the lands and other interests, buildings, structures and improvements thereon,which lands shall include all tenements, hereditaments, together with fixtures and Personal Property (as described below), all water and other rights, easements, appurtenances, and any and all of the Seller(s)' rights in or arising by reason of ownership thereunto belonging, owned by there,situate and lying in the Monroe County, State of Florida, more particularly described as follows (which will be collectively referred to as "Property") ;to wit: LEGAL DESCRIPTION: Commencing at the Center of Section 25, Township 66 South, Range 29 East, Tallahassee Meridian, Big Pine Key, Monroe County, Florida; thence South 89° 39' 12" East, along the East West 1/4 line, 51.08 feet thence South 17° 48' 50" East, 658.52 feet; thence South 89° 39' 12" East, 110.31 feet; thence South 20° 40' 20" East, 691.28 feet; thence South 04° 06' 48" East, 278.17 feet to the Point of Beginning; thence continue South 04° 06' 48" East along the Easterly R/W line of Warner Street, 95.11 feet;thence South 89°39' 12"East, 313.78 feet to the Mean High Water Line of the Gulf of Mexico; thence meandering said Mean High Water Line, North 06° 16' 33"West, 95.44 feet thence North 89° 39' 12" West, 310.27 feet to the Point of Beginning. PLUS Commencing at the Center of Section 25, Township 66 South, Range 29 East, Tallahassee Meridian, Big Pine Key, Monroe County, Florida, as shown on the Plat of VIRGIL S. LOWE SUBDIVISION, as recorded in Plat Book 3, Page 31, of the Public Records of Monroe County, Florida; thence South 89° 39' 17' East, along the East West 1/4 line, 51.08 feet; thence South 17° 48' 50" East, along the Easterly right-of-way line of Warner Street, as shown on said plat, 658.52 feet; thence South 89° 39' 12" East, along the Northerly right-of-way line of Warner Street, 110.31 feet; thence South 20° 40' 20" East, along the Easterly right-of-way line of Warner Street, 691.28 feet; thence South 04° 06' 48" East, along the Easterly right-of-way line of Warner Street, 183.06 feet, to the Northwest Corner of those lands described in Official Records Book 1074, Page 656; thence South 89° 39' 12" East, 306.76 feet, to the Northeast Corner of said lands; thence South 06° 16' 33" East, along the Easterly line of said lands described in Official Records Book 1074, Page 656, 95.44 feet to the Point of Beginning of the filled bay bottom land hereinafter described; thence continue South 06° 16' 33" East, along the Easterly line of said lands as described in Official Records Book 1074, Page 656, 95.44 feet; thence South 89° 39' 12" East, along the Easterly projection of the South line of said lands, 169.01 feet, to the Mean High Water Line of Bogie Channel (Gulf of Mexico); thence Northwesterly, along the Mean High Water Line, on the following two Courses; 1) North 29° 1T 57"West, 78.55 feet 2) North 28° 38'01" West, 30.40 feet; thence North 89°39' 12" West, 126.23 feet, back to the Point of Beginning. RE NUMBER: 00110650-000000 ate' ;, � �, 4 ::.t''< MONROE COUNTY,FLORIDA VOLUNTARY HOME BUYOUT PROGRAM Seller(s) must relinquish all development/building rights to the property including but not limited to any and all allocations legally existing or granted under the MONROE COUNTY's RATE OF GROWTH ORDINANCE (ROGO). The Seller(s) agree that they have full right, power, and authority to convey, and that they will convey to the Buyer the fee simple title together with legal and practical access thereto clear, free and unencumbered, subject to the following easements or reservations for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. 2. CONSIDERATION. The purchase price for the Property and improvements above described is $830,000.00 to be paid at dosing, minus any outstanding liens or assessments which are due and payable at the date of settlement. 3. CONTINGENCIES. 3.1 Seller(s) shall vacate the property within 90 days from the date of this contract or by the vacancy inspection date, whichever is earlier. If Seller(s) does not vacate the property,the Buyer shall have the right to void this contract, unless an extension has been agreed upon, in writing, between Seller(s)and the Buyer. The Property shall be delivered by Seller(s) at settlement/closing date free of any tenant(s) or occupant(s) and future tenancies. 3.2 Buyer shall have access to Property and the right to perform any and all inspections on the Property up until day of closing/settlement date. If Buyer's inspections are not satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer shall also have the right to void this contract lithe Buyer's intended use of the property is a violation of any restrictive covenants on the property that cannot be modified. 3.3 Buyer and Seller(s) acknowledges that this Property is being purchased with U.S. Department of Housing and Urban Development(HUD)funds that are being allocated through Florida's Department of Economic Opportunity(DEO)in accordance with the Voluntary Home Buyout Program. The Seller(s)acknowledges that this contract does not constitute a guarantee to the commitment of funds or site approval, and that such commitment of funds or approval is subject to satisfactory completion of an environmental review, DEO approval of the purchase, and Monroe County, FL Board of County Commissioner's approval of the purchase, and. The Buyer may terminate this Agreement at any time if any of the above Contingencies are not met. 3.4 The Seller(s)shall resolve any open code enforcement proceedings prior to closing. Page2 of 5 I Attachment 4 — Agreement for Purchase MONROE COUNTY,FLORIDA ''`,:)./ VOLUNTARY HOME BUYOUT PROGRAM 4. TRANSACTION COSTS, Buyer's Transaction. Costs include the appraisal fee, Buyer's attorney fees, deed preparation, title search charges, survey (if required) and title insurance, owner's policy, inspections, municipal lien search, and all documentary stamp taxes and recording fees, if applicable. Seller(s)'s Transaction Costs include deed preparation and payoff fees. Buyer shall be responsible for Buyer's transaction costs and Seller(s)'s transaction costs. SeHer(s) shall be responsible for any costs necessary to deliver a marketable title (including recording of loan and/or lien satisfactions or other fees needed to cure title). If Seller(s) is represented by a realtor or attorney, the Seller(s) is responsible for all Seller(s)' realtor and attorney fees. Seller(s)shall furnish to Buyer at Closing an affidavit attesting to the absence of any financing statement,claims of lien,or potential lienors known to Seller(s). 5. REAL ESTATE TAXES. Buyer shall be responsible for the pro-rata share of prepaid real property taxes, including any special taxes, due at the date of settlement/closing. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date of settlement/closing, whether or not such taxes and assessments are then due and payable. 6. ADJUSTMENTS. NONE. 7. CONVEYANCE DATE OF CLOSING/POSSESSION. Conveyance will be made subject to all easements and covenants of record (provided they do not make the title unmarketable or prohibits Buyer from its desired use of the property) and to all governmental statutes, ordinances,rules,and regulations_The Seller(s)expressly agree herein to furnish to the Buyer any documents in Seller(s)'s possession establishing evidence of title including, but not limited to, abstracts,title commitments,title policies and opinions of title.Seller(s)agrees to convey by marketable title with a general warranty deed,free of encumbrances. The deed will be prepared by the Closing Attorney in the name of Monroe County,_FL, or as otherwise stipulated by Buyer, and delivered to stipulated place of dosing. Closing Attorney shall be authorized to disburse the sales proceeds at the time of settlement. This transaction will be closed on or before 90 days of the signing of this contract unless an extension has been agreed upon between Seller(s)and the Buyer. 8. FIXTURES AND PERSONAL PROPERTY. At the time of closing/settlement date, this sale includes all property,fixtures, equipment and improvements of any kind left on the premises. Personal property, such as fixtures, can be removed from the property prior to Vacancy Inspection so long as this removal does not cause health or safety concerns on the premises. 9. EXPIRATION OF OFFER. This offer from Buyer will be withdrawn at 5 o'clock PM. (Eastern Time) on January 11, 2022 unless accepted or countered by Seller(s) in written form prior to such time. If Seller(s) requires an extension to the time and date stated above to accept or counteroffer the offer presented by the Buyer, a written request with reasoning needs to be submitted to and approved by the Buyer prior to the expiration date. 10.TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this contract that stipulate a specific period of time for performance. Failure of Seller(s) to complete any provision of this contract within the stipulated period of time for completion of the provision will constitute,where applicable,a default of this contract. Page 3 of 5 I Attachment 4 — Agreement for Purchase . �: MONROE COUNTY,FLORIDA VOLUNTARY HOME BUYOUT PROGRAM 11.SURVIVAL. If any provision herein contained which by its nature and effect is required to be observed, kept or performed after closing, it will survive-the-closing and remain binding upon and for the Parties hereto until fully observed kept or performed. 12. ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the Certificate of Removal of Personal Property and Abandonment, the Subrogation Agreement, Right of Entry, Hold Harmless and Indemnification Agreement, and Certificate of Vacancy Inspection supersedes any and all understandings and agreements between the parties and constitutes the sole and entire agreement between the parties. No oral agreement or representations prior hereto shall be included herein unless set forth in writing.Any change to this contract shall be in writing.This agreement shall be constructed in accordance with the laws of the State of Florida. It is understood by the parties that this agreement is subject to Chapter 119, Florida Statute regarding Public Records Law. 13.EFFECTIVE DATE The effective date of this Agreement shall be that date when the last one of the Seller(s)and the Buyer has signed this Agreement. Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. Page 4 of 5 I Attachment 4 — Agreement for Purchase 01.y0rs)r .� v' Vic' .. "I. ,. MONROE COUNTY,FLORIDA VOLUNTARY HOME BUYOUT PROGRAM IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first above written and therefore the Seller(s)for and in consideration hereinabove acknowledge as received,have and do hereby grant unto the Buyer or its authorized representative, or any other office or agent of the Buyer authorized to purchase said lands, the option and right to enter into this Agreement and to purchase said lands as herein provided. Seller/Robert James Kinssies,as Trustee for the Robert James Kinssies Revocable Living Trust dated July 25,2007 14-u57-6 /4Jf)9Ze- j-7C;0--64(‘1( ign re Date Phone Number Seller/Laura Marie Kinssies,as Trustee for the Laura Marie Kinssies Revocable Living Trust dated July 25, 2007 4-A-0 c-rn cm IA 1 iu At,;_,12--fl'uS,/ee 1 1g/L2- &SL/) 7 3 Z-6,4 E-o Signature Date Phone Number Buyer/COUNTY: MONROE COUNTY, FLORIDA ATTEST: Kevin Madok, CPA, Clerk TIV AP 1I-DiAity?� lerk avid Rice, M yor •r-s f„�,y ..� (SFI)r a1 �1 �= rlld� 1.:�� f o f ice v:;a e ` tea '' !6 10 yy OE COUNTY ATTORNEY'S OFFICE -. ‘j APP TO 0 A ECE CULL. ASSISTANT OIU�f YC�1Tf�''RNEY DATE: I] TT ,�� Page 5 of 5 1 Attachment 4 — Agreement for Purchase