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04/21/2010 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: April 28. 2010 TO: Suzanne A. Hutton County Attorney A TTN: FROM: Kathy M Peters Executive Assistant Pamela G. Hanc~. At the April 21, 2010, Board of County Commissioner's meeting, the Board granted approval to accept the negotiated purchase price of $5,000 for the purchase of County property on Long Key - Parcel ID: 386360 and approved the Contract for Purchase and Sale and Quit Claim Deed 'with attached Exhibit A - Public Access Easement. Enclosed is an original for Mr. William S. Pesch and a copy for your records. Should you have any questions, please feel free to contact this office. cc: Finance File! Project: County owned property on Long Key, Florida! Parcel ID 386360/Alternate Key 1470082 Property Tax I.D. #I 386360 CONTRACT FOR SALE AND PURCHASE OF PROPERTY THIS AGREEMENT is made tmsdJ~y of ~ . 2010, between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, as " Seller'., 1100 Simonton Street, Key West, Florida 33040, and WILLIAM S. PESCH, as "Purchaser", whose address is 65620 Overseas Highway, Long Key, Florida, 33001 and whose mailing address is 271 Greenwood Drive, Key Biscayne, FL 33149. In consideration of the mutual promises contained herein, Seller hereby agrees to sell to Purchaser the real property located in Monroe County, Florida, described below, together with all improvements, easements, rights and appurtenances ("Property"), in accordance with the provisions of this Agreement. 1. DESCRIPTION OF PR.OPERTY. The property which the Seller agrees to sell and the Purchaser agrees to buy pursuant to the terms of this Agreement is that property situated on Long Key, Momoe County, Florida, and more particularly described as: Long Key Ocean Bay Colony PB 3-130 SEe 1 Long Key PT LOTS 1-2-3 2. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is Five thousand dolan and DO cents ($5,000.00) which will be paid by Purcl1aser at closing. Seller hereby authorizes Purchaser to issue a certified check directly to an escrow agent who is authorized by law to receive such payment, and who is acceptable to Purchaser, and to require the escrow agent to pay Sellerfs expenses of sale and real estate taxes. This Total Purchase Price presumes to include the entire 8,634 square feet of land unless otherwise stated. If the Total Purcbase Price is for a portion of the property the Proposer shall include the approximate square feet of land and a survey of the property that the Proposer wishes to purchase. Conveyance of the Property by Quit Claim Deed from Seller to Purchaser will take place at the closing, in exchange for the payments to be made to Seller at closing as set forth above in this paragraph. 3. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Purchaser a quit claim deed, conveying marketable title to the Property clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are of record and acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. An access easement to is required to provide ingress and egress to the adjacent parcel described as Pt Lot 1 Long Key Ocean Bay Colony, PB 3...130 See I, Alternate Key 1470074, RE 00386350-o00ooo. Pesch Contract SaleIPchs lof4 4. PREP~ON OF CLOSIN(! ~ It is the Purchaser.s obligation to prepare any documentation that the Purchaser seeks to be completed and executed by the Seller at the dosing. All prepared documents sha11 be submitted to the Seller for review and approval at least 10 (tell) days prior to the Oosing Date. If the Purchaser wishes to purcbase title insurance. it is the Purchaser. s obligation to do so and the purchaser must prepare and complete any documentation required by the title insurer. s. nFEMSES. Purchaser will pay the documentary revenue stamp tax and all other taxes or oosts associated with the conveyance. including the cost of recording the deed and any other recordable iDstmments which is deemed necessary by the parties. Except as provided in this Agreement, each party hereto shal1 pay its own expenses incurred in connection with this Agreement and the transactions contemplated hereby. 6. TAXES AND ASSESSMENTs. All real estate taxes and assessments which could have become a lien against the Property shall be satisfied of record by Seller by the date of closing. The Seller as a govemmenta1 agency is exempt from taxation, but upon transfer of the property the Purchaser may be assessed taxes on the property. The Purchaser may be obligated to pay an amount equal to the current taxes prorated from the date of transfer, based upon the current assessment and millage rates on the Property. 7. CLOSING PLACE AND DATE. The dosing shall be on or before the 31st day of May, 2010; provided, however, that if a defect exists in the title to the Property, the dosing shall occur either on the original dosing date or within 20 days after receipt of documentation curing the defects, whichever is later or agreed to by the parties. The parties may conduct the closing at an earlier date if they are satisfied that all conditions have been met prior to the date set herein. For purposes of the Seller. the determination that the conditions have been met prior to the closing date set herein shall require the County Administrator and County Attorney to sign approval of an earlier closing date and the contract need not go back before the Seller's governing body to reform the contract to provide the earlier closing date. 8. RISK OF LOSS AND CONDmON OF REAL PROPEllTY. Seller assumes all risk of loss or damage to the Property prior to the date of dosing and warrants that the Property shall be transferred and conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear accepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. ,. RIGHT TO ENTER PR.OPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property' for all lawful purposes in counection with this Agreement Seller shall deliver possession of the Property to the Purchaser at closing. Pesch Contract SalelPchs 2of4 10. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, the prevailing party will be entitled to recover reasonable attorney's fees and costs. 11. RECQRD~C1. This Agreement, or notice of it, may be recorded by Purchaser in the Official records of Monroe County. 12. ASSIGNMENT~ This Agreement may not be assigned by either Party without the prior written consent of the other Party. 13. TIME. TlDle is of essence with regard to all dates or times set forth in this Agreement. 14. SEVEllAQILIT[. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 15. S11~RS IN IN'1'ERE$t. Upon Seller's execution of this Agreement, Seller's ~ legal representatives, sua:essors and assigns will be bound by it Upon Purchaser's approval of this Agreement, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 16. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 17. WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 18. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 1'. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 20. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the fitst page of this Agreement, or such other address as is designated in writing by a party to this Agreement. Pesch Contract Sale/Pchs 3of4 TInS IS TO BE A LEGALLY BINDING CONTRACf. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. :D(W1TNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF FLORIDA) COUNTY OF MONROE) The foresping instrument was acknowledged before me this ,~ day of _ . ~2010. by . He/she .i~ perSODalr::knOwn to me or produced identification. ... rl ./ I)~ (Seal) '1\ ~ NOTARY PUBUC - SI'ATE OFFLO ~ My Commission Expires: ~' <'~~J,:;~~: ~ L KO!BAGE, CLERK ,'< 8y'''', ,'" U , ~, "',C:':/ ' Deputy Clerk ER: 1) ~~~~ PriDtName Date: ~, I~~/O 2) ~'1.AA 4<' fl--. / Slpature - - (J- D l a I\A..- K.. A rIA. '1 '7.- PriDt Name Date: 4- it, ,- , 0 Date: ~ _.3~ ~"1 ~~~~ ~ " - c::::t r- :JlIia fT1 -0 0 :0 N .." CD 0 ::0 ---.... ~~~ ~ ~~) R_ ....._... -0 ~ ::0 rT1 n <:) +:- ::0 .::- 0 :.. . J -t.... :-':-4> c; fTl .r:- .. as (PrIntlTyped or Stamped Name of Notary Public) Pesch Contract SaleIPchs 40f4 \\\"""" DIANA K. ARAUZ ,\ ~y PtJ. I, f Florid $'orlj'" ~(~~ Notary Public.. State 0 a "'~4o .. ...~ !. * * .)My Commission Expires Ju118. 2010 \~ ~~ Commission # DO 575430 " -)i ~", . N A "',,9f.r;'i," Bonded By National otary san.