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10/16/2002 1~~G-31-02 SA~_13:~0 SULLIVAN REALESTATE 3058720069 P.02 AGREEMENT FOR THE PURGHASE OF I.A~ THIS AGRE~MENT is made and entered into this. (~ay of _ " '. 2002, is by and~ tJ~~ ~e:l::tti ~,~.{ herelnaftor style /lsoller(8), for themselVes, their heirs, execulors. administrators, ~ 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 CGUNTY certain lands, upon the terms ~nd conditions hereinafter set forth, and for the price of $76,000.00 for all of the lands and other interests, which landS $h~1I include all terv~ments, hereditament$, together wit., all water and other rights, easament~, appurtenances. and any ar'ld all of the Seller's rights in or arising by reason of oWI"ership 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, Breeze8wept BeaQh 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 reserv~ions: 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 tJme 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 vlblate any restrictions, contract covenants, or applicable governmental regUlations, the same shall constitute a title defect 86116r(8) shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualification set forth herein. Marketeble titte shall b~ 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. If title is found defective, the COUNTY shall, within this specified time period, notify Seller(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 acc$ptlng the title as it then is or rescinding the contract herein: thereupcn the COUNTY and the Seller(s) shall release one ahother of all further obligations under this Agreement. 3. The Seller(s) further agree not to do, or \Suffer others to do, any act by whiqh the value or title to said lands may be diminished or enoumbered. It is further agreed that any loss or damage 1 ..'r."..~~IG-31-02 SAT ~...L.3..:30 ~I,J.!-LIVAN REALESTATE 3058720069 P.03 occurring prior to the vesting of sa.ti$factory title in the COUNTY by reasons of the Uriauthorized clltting or removal of products therefrom, or becau~~ of fire. shaH be borne by the Seller(s); and that. in the event any such loss or damage ocours. the COUNTY may refuse, without liability. to accept conveyance of said lands, or it may elect to accept conveyance upon pn equitable adjustment of the purchase price. 4, The Seller(s) further, agree that during the period covered by this jnstr~ment officers and accredited agents of the COUNTY shall have at all proper times the unrestrict~d right and privilege to enter upon said lands for aU proper and lawful purposes, Including examitlation of said lands aM the resources upon them, The Seller(s) hereby waive tneir rights to any and all claims against the COUNTY associated with, or arising frOr'l1 ownershIp of, said lands and this waiver shall survIVe closing, 5, The Seller(&) 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 lc.lt~ds of such character as to be saUsfactory 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, shaHbe subordinate to and subject to such rules and regulations as ma.y 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 mterests at the price of $15,000,00. The COUNTY further agrees that a{ter the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the COUNTY shall have approved the title thus veated in the COUNTY, it will cause to be paid to the Seller(s} the purChase price by a check drawn on the account of the COUNTY. The COUNTY shall pay the foliowing expenses associated with the conveyance of the property: deed recording foes, settlement fees, abstract fees. title examination fees, the Buyer's attorney's fees, and title insurance, as well as the prorate share of prepaid real property taxes allqcable to the period subsequent to the vesting of title in the COUNTY, or the effective date of posseSSion of such real property by the sama, whlohever is earlier. The Seller(S) shall pay the expenses of documentary stamps to be affixed to the deed and the removal of trash and debris from the property, if any Full poss6ssion of the premises shall pass to the COUNTY as of the date payment Is made to the Sel/er(s) subject only to the reservations stated in Section 2 above. 7 It is mutually agreed that an abstract, title insurance policy or other evidence Of title to the property herein contracted to be sold, satisfactory to the legal counsel of the COUNTY will be obtained by the COUNTY at its expense, The Seller(s) expressly agree hereIn to furnish to the COUNTY any documents in Seller(sfs posseSSion e~tablishjng evidence of title including, but not limited to. abstracts, titte commitments, title poliCies and opinions of title e, It i.s mutually understood and agreed that the COUNTY may assign this contract. 9 It shall be the Obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date title vests of reoord In the COUNTY, whether or not such taxes and a~sessments are then due and payable. 1D. It is mutually under.stood and agreed that notice of acceptance of this agreem~nt shall be given to the Seller(s) by mall addressed to the 8eller($) ~t tha following address: 2 AUG-20-02 TUE 13:59 SULLIVAN REALESTATE 3058720069 P.05 .. '.. . ... . - - - - - - - - - - . - - - - . . .. c/o Wendy Sullivan, Realtor PO Box 420428 Summerland Key, FL 33042 Phone (305) 872.~001 Fax (305) 872.0069 and shall be effective upon date of mailing and shall be bi"dir'lg upon all of the Seller(a} without ~I)r'lding a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. '11 The property shalt be delivered at closing free of an enant or occupancy whatsoever. 12, The effective date of this agreement shall be tha da when the last ~ of the Seller(s) and the COUNTY has signed this agreement. th c ntrflry 13. Notwithstanding anything in this Agreement to , tne COUNTY, at its sole option, shall have the right to termlnote this Agreement for any reason until November 30, 2002. 14 If t~le Seller(s) wish to proceed with this transaction, the $e/Jer(s) have llntll August 21, 2002 to sign and return this contract to the COUNTY. IN \iVITNESS WHEREOF, the Seller(s) have hereunto signed their names and $ffixed their respective seals on the day first above written, with the understanding that thi~ Agreement for Purchase cannot be executed by the COUNTY until after it i5 reported to it for its oonsideratibn, and therefofe 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 purohase said lands. the option and right to entor Into this Agreement for Purchase within sixty (60) days from the execution thereof by the COUNTY, and to purchase said lands as herein provided. ~~~ 7:;(. Sal art ' -4r-~/o? jJ.' 17\ .2002 M ' ~e ~NflOE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and throuaB its ~AI~, 1M ~has exeQlJte~ this agreement on behalf of MONROE COUNTY this /120{ day cf .. .. _, 200", x:~=> PS MONROE COUNTY SO"d 100'ON L~:~l Charles M Monroe Co 3 18TS-S6c>SO~: aI AIIdOHlnH n~Hl '