Item F6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16, 2002
Division: County Administrator
Bulk Item: Yes
No X
Department:
AGENDA ITEM WORDING: Approval of a contract to purchase Block 19, Lot 32,
Breezeswept Beach Estates as a culvert site.
ITEM BACKGROUND: The subject property has been recommended by Public Works as
the proposed site for a culvert connecting the canal system in Breezeswept Beach Estates on
Ramrod Key to Newfound Harbor to improve the water quality of the canal system. The
success of this culvert project is dependent upon an affirmative vote on the November 5,
2002 special taxing district referendum and the County's receipt of necessary permits from
the Army Corps of Engineers, Department of Environmental Protection, and South Florida
Water Management District. In the event the referendum fails or Public Works has reason to
believe the necessary permits will not be issued, the County has the right to terminate the
contract for any reason until November 30, 2002.
PREVIOUS RELEVANT BOCC ACTION: On July 17, 2002 the BOCC directed staff to
negotiate for the purchase of the property. On September 4, 2002 the BOCC authorized
holding a referendum on the proposed special taxing district for Breezeswept Beach Estates.
CONTRACT I AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $76.441.00
COST TO COUNTY: $76.441.00
BUDGETED: Yes No _X_
(contingent upon referendum)
REVENUE PRODUCING: Yes
AMOUNT PER MONTH
YR
No X
APPROVED BY: County Atty _ OMB/Purchasing _
Risk Management
DIVISION DIRECTOR APPROVAL:
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James L. Roberts, County Administrator
DOCUMENTATION:
Included X
To Follow Not Required
AGENDA ITEM # r~
DISPOSITION:
AUG-31-B2 SAT 13:~B SULLIVAN REALE STATE
..
305B720069
p.B2
AGREEMENT FOR THE PURCHASE OF LAN8S I
THIS AGREfMENT is made and entered into thi8, ((J-.day of _~ . .2002, is by
and betwGcn . '
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hereinafter style the Seller(8), for themselves, their heirs, eXecutor., administrators, s~.or. and
assigns, and MONROE COUNTY (hereinafter, "County 10) acting by and through the ChaIrman/Mayor
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
hereby acknowledged. the Seller(s) agree to sell to the CGUNTY certain lands upon the terms and
conditions hereinafter set forth, and for the price of $76,000.00 for all of the lands and other
interests, which landS $h~1I include all ter'~ment8, hereditaments, together with all water and other
rights, easements, appurtenances. and any ar"ld all of the Seller's rights in or arising by reason of
ownership thereunto belonging, owned by them. sitl/ata and lying In the County of Monroe, State
of Florida, more particularly described as follows; to-wit:
Block 19, Lot 32, Breezeswept Beaoh Estates, (PB 4-143)
RE# 00206180-000000
2, The Seller(s) agree that they have full right, power and authority to convey. and that they will
convey to the COUNTY the fee simple title together with legal and practical access thereto clear.
free and unencumbered, except subject to the following easements or reservations:
Existing easements of public record for canals, ditches, flumes, pipelines, railroads. public
highways and roads, telephone. telegraph, power transmission lines and public utilities,
The COUNTY, at the COUNTY'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 survey discloses encroaChments on the real property or that Improvements
located thereon encroach on setback lines, easements, lands pf others. or violate any restrictions,
contract covenants, or applicable governmental regUlations, the sama shall constitute a title defect
Setler{e) shall convey a marKetable title subject only to the aforementioned liens, encumbrances.
exceptions or qualification set forth herein. Market~ble titre shall be dete.rmined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law, The
COUNTY shall have sixty (60) days from the effective date of this contract to examine title, If title
is found defective, the COUNTY shall, within this specIfIed lime period, notify Sefler(s) in writing
specifying defect(s). If the defect(s) render title unmarketable the Seller{s} will have one hundred
twenty (120) days from receipt of notice within which to remove the defect(s}, failing which the
COUNTY shall have the option of either aoc~ptlng the title 8S it then is or rescinding the contract
herein; thereupon the COUNTY and the Seller(s) shall release one ~nother of all further
obligations under thiS Agreement.
3, The Seller(s) further agree not to do, or 5utfcr others to do, any act by which th~ v~lue or title to
said lands may be diminished or encumbered. It is further agreed that any loss or damage
1
AUG-.31-02
,~. A T ~L~,:3 0:)
~ULLIVAN PEALESTATE
3()5872006'~
p.03
111-
occurring prior to the vesting of satisfactory title in the COUNTY by reasons of the u(\autho(ll~d
Clltting or removal of products therefrom, or becau"$ of fire, shall be borne by the Seller(S). and
that. in the event any such toss or damage OCQurs. the COUNTY may refuse, without liability. to
accept conveyance of said lands, or it may elect to accept conveyance upon ~n equitable
adjustment ()f the purchase price.
4. The Seller(s) fllrther, agreo that during the periOd covered by this instrument offIcers and
accredited agents of the COUNTY shall have at all proper times the unrestricted right and privilege
to enter upon said lande for all proper and lawful purposes, InCluding examination of said lands
and the resourceS upon them. The Seller(s) hereby waive their rights to any and all claims against
the COUNTY G\!5sociated with, or arising from ownershlp of, said lands and this waiver shall
SlHVlve closing
5. The 8eller(6) will execute and deliver upon demand of the proper officials and agents of the
COUNTY a good and sufficient deed of warranty conveying to the COUNTY a safe title to the said
lclr'lds of such character as to be satisfactory to the legal counsel of the COUNTY and said deed
shall prOvl06 that the use, occupation and operation of the rights-of-way, easements end
reservations retaIned therein, shall ,be subordinate to and subject to such rules and regulations as
may be prescribed by the COUNTY governing the use, occupation. protection and administration
of lands
6. In consideration whereof the COUNTY agrees tbat it will purchase all of said lands and other
tnterests at the price of $75,000,00. The COUNTY further agrees that. after the prepamtion.
execution, delivery and recordation of the deed, and after the legal counsel of the COUNTY shall
rlave approved the title thus vested in the COUNTY, it will cause to be paid to the Seller(s) the
purchase price by a check drawn on the account of the COUNTY. The COUNTY shall pay the
foliowing expenses associated with the conveyance of the property: deed recording fees,
settlement fees, abstract fees, title examination fees, the Buyer's a.ttorney's fees, and title
insurance, as well as the prorate share of prepaid real property taxes allocable to the period
subsequent to the vesting of title in the COUNTY, or \he effective date of possession of such real
property by the same, whlohever is earlier. The Seller(S) $hall pay the expenses of documentary
stamps to be affixed to the deed and the removal of trash and debris from the property, if any Full
possession of the premises ehal1 pass to the COUNTY as of the date payment Is made t.o the
Seller(s} subject only to the reservations stated in Section 2 above.
7 It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the leg~l counsel of the COUNTY will be obtained by
the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to tt1e COUNTY any
documents in Seiler(Sr6 possession eetablishing evidence of title including, but not limited tl),
abstracts. title commitments, title PQliciea and opinions of title
a. It I.S mutualiy understood and agreed that the COUNTY may assign thi~ contract.
9 It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record In tho COUNTY, whether or not such taxes and assessmenls are then
due and payable,
1(), It is mutually under,stood and agreed that notice of acceptance of this agreement shall be given to
the Seller(s) by mall addressed to the 8ellet{s) at the following address:
2
AUG-2B-B2 TUE 13:59 SULLIVAN REALESTA1~
.~. .....J :::' d I .L U '1::..' '-'::' 7
. - - -. - - - - - - -.. - - -
c/o Wendy Sulllv"n, Realtor
PO Box 420428
Summerland Key I FL 33042
Phone(305)e72.~Q01
Fax (305) 872.0069
and shall be effective upon date of mailing and shall be bir'\dir19 upon all of the Seller(a) without
fJl)nding a eeparate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
'1 The property shalf be delivered at closing free of any tenant or occupanoy whatsoever.
12. The effective date of this agreement shall be that date when the last one of the Seller(s) and ttle
COUNTY has signed this agreement.
the contrflry
13. Notwithstanding anything in this Agreement to-(lontraQt, t"e COUNTY, at its sole option, shall
have the nght to termInate this Agreement for any reason until November 30, 2002.
14 If Hl6 Seller(s) wish to proceed with this transaction, the Seller(s) have llntil August 21, 2002 to
sign and return this contract to the COUNTY.
IN VVITNESS WHEREOF, the Seller{s) have hereunto signed their names and affixed their respective
seals on the day first above written, with the undenitanding that thi~ Agreement for Purchase cannot
be executed by the COUNTY until after it i~ reported to it for ite consideration, and the(~fo(e the
Seller(s) for and in consideration of the Ten Dollars ($10.00) hereInabove acknowledge as received,
have and do hereby grant unto the COUNTY or its authorized represent~tlve. or 3ny other office or
agent of the COUNTY authorized to purchase $aid lands, the option and right to enter Into this
Agreement for Purchase within sixty (60) days from the execution thereof by the COUNTY, and to
purchase said lands as herein provided,
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Ie{ ,2002
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
CHAIRMAN/MA YOR, has executed this agreement on behalf of MONROE COUNTY this _ day
of . __" 2002.
ATTEST:
DANNY L. KOLHAGE. CLERK
MONROE COUNTY
(Seal)
By: oepllty Clerk
Charles MoCoy, Chairman/Mayor
Monroe County Board of County Commissioners
3
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- . - ~ .. .. .. ... "' ... . - . - - . - ~ - - - - - - -, - - -. - - - .' - - -
Property
Purchase
Price
Breezeswept Beach Estates (PB 4-143)
Block 19, Lot 32 $75,000,00
(Tatham Estate)
BOCCPURCHASECONTRACTS
10/16/02
Envr. Audit, Survey
or Clean-up
Title
Insurance
$500,00
$560.00
1 of 1
Attorney
Fee
$375.00
Recording
Fee
$6.00
Acquisition
Total
$76,441,00
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8- II
Mile Marker
27.5
Island
Ramrod Key
Property Name
Breezeswept Beach Estates