10/16/2002 Agreement
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FILEO FOR RECORD
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AGREEMENT FOR THE PURCHASE OF LANDS
.\, . r\OU-lAGE ____
THIS"'. ~,RE!E~&T~t:,is. made and entered Into this /S day of tJ ?-77l,8 E /t I 2002, is by
ariacwe1We~RuNf'r. t L.~.
Gary Teplltaky, Irving Teplltsky and Lynn Teplit9ky
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY (hereinafter, "County ") 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 COUNTY certain lands upon the terms and
conditions hereinafter set forth, and for the price of $80,500.00 for all of the lands and other
interests, which lands shall include an tenements, hereditaments. together with 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 them, situate and lying in the County of Monroe, State
of Florida, more particularly described as follows; to-wit:
Block 2, Lots 11 and 12, Bay Point Amended Plat (PB 3-75)
RE# 160040-000000 and 160050-000000
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:
All existing easements of public record including those 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 of others, or violate any restrictions,
contract covenants, or applicable governmental regulations, the same shall constitute a 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 and In accordance with law. The
COUNTY shall have sixty (60) days from the effective date of this contract to examine title. The
subject property Is being sold in "as is" condition, with the exception of the court order described In
Paragraph 14. If title is found defective, the COUNTY shall have the option of either accepting the
title as it then is or rescinding the contract herein; thereupon the COUNTY and the Seller(s) shall
release one another of all further Obligations under this Agreement.
3, The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered.
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4. The Seller(s) further agree that during the period covered by this Instrument officers and
accredited agents of the COUNTY shall have during normal business hours and following 24-hour
notice 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, The Seller(s) hereby
waive their rights to any and all claims against the COUNTY associated with, or arising from
ownership of, said lands and this waiver shall survive closing.
5, The Seller(s) 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
lands of such character as to be satisfactory to the legal counsel of the COUNTY and said deed
shall provide that the use, occupation and operation of the rights-of-way. easements and
reservations retained therein, shall be subordinate to and subject to such rules and regulations ae
may be prescribed by the COUNTY governing the use, occupation, protection and administration
of lands.
6- In consideration whereof the COUNTY agrees that it will purchase all of said lands and other
interests at the price of $80,500.00. The COUNTY further agrees that, upon preparation,
execution, and delivery of the deed, it wfll cause to be paid to the Seller(s) at closing the purchase
price by a check drawn on the account of the COUNTY. The COUNTY shall pay the following
expenses associated with the conveyance of the property: deed recording fees, settlement fees,
abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the
prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of
title in the COUNTY, or the effective date of possession of such real property by the same,
whichever is earlier. The Seller(s) shall pay the expeneBs of documentary stamps to be affixed to
the deed. Full possession of the premises shall pass to the COUNTY as of the date payment is
made to the Seller(s) subject only to the reservations stated in Paragraph 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 legal counsel of the COUNTY will be obtained by
the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY 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.
8. 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 the COUNTY, whether or not such taxes and assessments are then
due and payable.
9, It is mutually underetood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by mall addressed to the Seller(s) at the following address:
clo James S. Luplno, EsqulrQ
Hershoff, Lupino & Mullck, LLP
90130 Old Highway
Tavernier, FL 33070
Phone: 852-8440
10, and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
Paragraph 6 hereof.
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11. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
COUNTY has signed this Agreement.
13. Notwithstanding anything in this Agreement to the contrary, the COUNTY, at itB 60le option, shall
have the right to terminate this Agreement for any reason during the 60.day due diligence period
specified in Paragraph 2.
14. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until October 15, 2002 to
sign and return this Agreement to the COUNTY.
15. This transaction Is contingent upon the Seller(s) obtaining the court order necessary to convey the
interest of Irving Teplitsky, deceased. Seller(s) agree they will diligently pursue obtaining said
court order,
16. This transaction shall Close on or before December 31, 2002.
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IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written, with the understanding that this Agreement for Purchase cannot
be executed by the COUNTY until after it is reported to it for its consideration, and therefore 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 representative, or any other office or
agent of the COUNTY authorized to purchase said 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.
/ r:P5/0 2-- ,2002
/
Deceased
,2002
Seller/ Irving Teplitsky
/1//3/' 7-' , 2002
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
CHAIRMAN/MAYOR, has executed this Agreement on behalf of MONROE COUNTY this ~G f:.,/'day
of 0 c..-.f () b~r' , 2002.
MONROE COUNTY
Charles McCoy, airman/Mayor
Monroe County Bard of County Commissioners
~
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Purchase
Property Price
Bay Point Amended Plat (PB 3-75)
Block 2, Lots 11 and 12 $80.500.00
(Teplitsky)
BOCC PURCHASE CONTRACTS
10116102
Envr. Audit, Survey
or Clean-up
Title
Insurance
$2,500,00
$617.50
1 of 1
Attorney
Fee
$402.50
Recording
Fee
$6.00
Acquisition
Total
$84,026.00