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Home My WebLink AboutF. Land AuthorityLAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Land Authority Bulk Item: Yes No X Staff Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval of the minutes for the May 19, 2010 meeting. Item Background: N/A Advisory Committee Action: N/A Previous Governing Board Action: N/A Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ Indirect Cost: $ Budgeted: Yes _ No Cost to Land Authority: $ Source of Funds: Approved By: Attorney _ County Land Steward Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY GOVERNING BOARD May 19, 2010 Meeting Minutes The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular meeting on Wednesday, May 19, 2010 at the Nelson Government and Cultural Center located at 102050 Overseas Highway, Key Largo, Florida. Chairman Kim Wigington called the meeting to order at 9:45 AM. Present and answering roll call, in addition to Chairman Wigington, were Commissioner Heather Carruthers, Commissioner Mario Di Gennaro, Mayor Sylvia Murphy, and Commissioner George Neugent. Also in attendance were Executive Director Mark Rosch, Office Manager Kimberly Nystrom, Counsel Larry Erskine, and members of the press and public. The first item on the agenda was approval of the minutes for the April 21, 2010 meeting. A motion was made by Commissioner Neugent and seconded by Mayor Murphy to approve the minutes as submitted. There being no objections, the motion carried (5/0). The next item was approval of a resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to finance the purchase of 817-820 Washington Street in Key West as an affordable housing site. A motion was made by Mayor Murphy and seconded by Commissioner Neugent to approve the resolution. During Board discussion Commissioner Carruthers said she had heard that within the last year the property was listed on the market for about $1,600,000. Commissioner Carruthers proposed the following amendment to the motion: presuming there is no evidence the property was actually listed for less than what we are paying for it, that we proceed. Mayor Murphy accepted this amendment to her motion and Commissioner Neugent accepted this amendment to his second. There being no objections, the motion carried (5/0). [Resolution 02-2010] The next item was approval of a resolution concerning the transfer of funds. A motion was made by Mayor Murphy and seconded by Commissioner Di Gennaro to approve the resolution. There being no objections, the motion carried (5/0). [Resolution 03-2010] There being no further business, the meeting was adjourned at 9:51 AM Minutes prepared by: Mark J. Rosch Executive Director Approved by the Board on: LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 9, Lot 8, Harris Ocean Park Estates First Addition, Key Largo. Item Background: This item is proposed to protect natural resources and property rights pursuant to County Commission Resolution 066-2010 (ROGO administrative relief). The subject property consists of a 5,100 square foot lot on Indies Drive near mile marker 93 on the oceanside of Tavernier. The property has a tier designation of Tier 1 — Natural Area, a zoning designation of Improved Subdivision, and vegetation consisting of tropical hardwood hammock. The owner has agreed to sell the property for a price of $25,000. The estimated closing costs for this transaction are listed in the agenda packet spreadsheet. Advisory Committee Action: On April 28, 2010, the Committee voted 3/0 to approve this acquisition. Previous Governing Board Action: Sitting as the County Commission, the Board adopted Resolution 066-2010 on February 17, 2010, requesting the Land Authority to offer to purchase the property as administrative relief. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 25,787.25 Indirect Cost: $ Cost to Land Authority: $ 25,787.25 Budgeted: Yes X No — Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: — Disposition: Agenda Item Property Purchase Price PURCHASE CONTRACT 06/16/10 Title Attorney Recording Survey Insurance Fee Fee Total Costs Harris Ocean Park Estates $25,000.00 N/A $268.75 $500.00 $18.50 $25,787.25 First Addition Block 9, Lot 8 Seller: Miriam Candy Rodriguez ,ti }r-j.k� .'i''-_,L•�•?{J ', •.4�'M1 .*� Ly+�{�:-M1�-:,•.- _+• ' ':�L',� J .t:� r _ .� • ?. �;�+�:v4�1':M1_� �.`- .. �-��4: �;=Y '<' _••-.•, � •L-'• •. ''i;•S'•K i. y'•r`i '• Yti•r i{ v' ;•. •s- ;'' ry.�L• L -{ ' Y \ ' M1t_. _tt! -.{ L• -. 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M1 y y •L t �l ~r•Y}4 , Y1 4; _ 4_ a••.��1 =fib-. r ."� ' ` a1 Y�•-_F*_:''{ FY.?�:_ :`, •l: �' Sal _•L •'_•}%i'-'•+• L •~yV" �v.T'�''' ;,•M1•. :••yr '_. :r•• �_ �.� .. •9 :}i �:, �•' �_J::+.-.:7- 'moo_ �•':M,' •. ti-'l•-_••••cJ• _}},.`'•-. RESOLUTION NO. 066 —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY MIRIAM CANDY RODRIQUEZ ON PROPERTY DESCRIBED AS LOT 8, BLOCK 9, HARRIS OCEAN PARK ESTATES 1ST ADDITION, KEY LARGO, RE # 00450150.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Miriam Candy Rodriquez submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Miriam Candy Rodriquez is for Lot 8, Block 9, Harris Ocean Park Estates 1st Addition, Key Largo in Monroe County, Florida having RE# 00450150.000000. 2. The date of the ROGO application is 3/30/2005. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 7/16/2009, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 RE# 00450150.000000 05300846 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Harris Ocean Park Estates 1st Addition and is located in a Tier 1 designated area. 9. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 1. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Miriam Candy Rodriquez, for Lot 8, Block 9, Harris Ocean Park Estates 1st Addition Subdivision, Key Largo in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17th day of February, 2010. C) r- Mayor Sylvia J. Murphy es o •• L� c� Mayor Pro Tern, Heather Carruthers Yes N = :r- c - .. _ Commissioner Mario Di Gennaro No °- - Commissioner George Neugent Yes . ,:._ Commissioner Kim Wigington Yes � r., BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Sylvia . Murphy (SEAL) ATT KOLHAGE, CLERK DEPUTY 6LERK MONR0ECOLINfYATTORNEY APF " E� AS 70 FOR 110ate: � - ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RE# 00450150.000000 05300846 AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2010, is by and between Miriam Candy Rodriguez hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereinafter set forth, and for the price of $25,000.00 for all of the lands and other interests, which lands shall include all 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 9, Lot 8, Harris Ocean Park Estates First Addition (PB 4-139) RE# 00450150-000000 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY 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 for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY'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 LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to examine title. If title is found defective, the LAND AUTHORITY 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 LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 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. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all proper times 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 LAND AUTHORITY or Monroe 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 LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY 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 as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $25,000.00. The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY 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 LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to 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 legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY 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 is mutually understood and agreed that the LAND AUTHORITY 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 record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 2 PO Box 941166 Miami, FL 33194 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. 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 LAND AUTHORITY has signed this agreement. 13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 15, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. 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 of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY 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 Seller(s), and to purchase said lands as herein provided. Seller/ Miriam Candy Rodriguez Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 12010. (Seal) MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch, Executive Director ,C] LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation - Big Pine Key Acreage (RE #110600-000000, 110620-000000, 110630-000000, and 110680-000000). Item Background: This acquisition is proposed to protect property rights and the natural environment and to provide mitigation land in support of the Big Pine Key Habitat Conservation Plan. The subject property consists of four parcels totaling 2.3 acres on Beach Drive and Warner Street near mile marker 31 on the bayside of Big Pine Key. The property has a tier designation of Tier 1 — Natural Area and a zoning designation of Suburban Residential. The predominant vegetation on the three Beach Drive parcels is buttonwood, while the Warner Street parcel is a mix of buttonwood and mangrove vegetation. The owners have agreed to sell the property for a price of $40,000. The estimated closing costs for this transaction are listed in the agenda packet spreadsheet. Advisory Committee Action: On May 28, 2010, the Committee voted 3/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this area. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 42,873.50 Indirect Cost: $ Cost to Land Authority: $ 42,873.50 Budgeted: Yes X No Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Property Purchase Price PURCHASE CONTRACT 06/16/10 Title Survey Insurance Attorney Recording Total Fee Fee Costs Big Pine Key Acreage $40,000.00 $2,000.00 $355.00 $500.00 $18.50 $42,873.50 RE# 110600-000000, 110620-000000, 110630-000000 and 110680-000000 Seller: Robert Devlin, Michael Debartolo and Lisa Debartolo r7 Wmah4MM, !; : ' ;%3 AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2010, is by and between Michael Debartolo, Lisa Debartolo, and Robert Devlin hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereinafter set forth, and for the price of $40,000.00 for all of the lands and other interests, which lands shall include all 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: 4 parcels on Big Pine Key more particularly described in Exhibit "A" RE# 00110600-000000, 00110620-000000, 00110630-000000, and 00110680-000000 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY 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 for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY'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 LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to examine title. If title is found defective, the LAND AUTHORITY 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 LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 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. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all proper times 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 LAND AUTHORITY or Monroe 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 LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY 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 as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $40,000.00. The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY 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 LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and real estate commissions, if any. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to 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 legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY 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 is mutually understood and agreed that the LAND AUTHORITY 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 record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 2 7709 Sawyer Road Darien, IL 60561 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. 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 LAND AUTHORITY has signed this agreement. 13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 26, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. 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 of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY 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 Seller(s), and to purchase said lands as herein provided. Seller/ Michael Debartolo Signature Date Social Security Number Phone Number Seller/ Lisa Debartolo Signature Date Social Security Number Phone Number Seller/ Robert Devlin Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 12010. (Seal) MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch, Executive Director ,C] EXHIBIT "A" loft A parcel of land in a part of the "VIRGIL S. LOWE SU©DIVISION", Dig pins Any, Monroe County, trlorida, said eubdivisiou being reeorded'in Plat llovk Jr page 31 of the Public, Records of Monroe Count.pp, Florida and said parcel of land being more particularly described by metes and bounds as follows: Coaoaenoing at tine center o Section 25, V GG S, R 29 9, bear south for a distance of 1275,9 feet to a oiutl thence bear South 22 degrees 55' 33" Sant fora distance of 50.1G feet to the Poin: of Beginning of the parcel of land lrerednafter 'loscribad; from said Point of Beginning, oorltinue bearing South 22 degrees :3s' and 33" East, along the.Eaeterly right-of-way line of U.S. Highway No. 1 for n dietonco bf 181.75 feet to n point; thoncn bear North 11 degrees 40' and 8" Bast for a distance of 94.16 feet to a pointl thence bear, North 22 degrees, 55• and West for a dietanae of 107.75 feet to lie Southerly right -of y line of Beach Drive} thence bear South 71 degrees, 401 and 38" west along tine southerly right-of-way of Haach Drive for a ctitttlnco of 94.16 feet, back to the Point of Aoyiunl.ng. A parcel -of Ke j Monroeacount art off'1'lorida, BaldSsubdivision lbeingN", Big recorded fine Key, Y+ + reoordetl in Plat Uook 3, Page 31, of ties Public Records of Monroe County, Florida', and paid parcel of land being more particularly doscribed by metes and bounds an follows: Cowitianoing aL the center of Section 25, Towueltip 66 south, lta»ga 29 Eaet, bear South for a dlutance of 1215.40 feet to a Point; thence boar South 22 degrees, 55' and 33" Baet for a distance of th grees, 4o' East6along theaSoutherlyl1C..ystbear of-wayxlinelofeDeach Drive for sid 3" feipt to fora distance of 94.16 feet to a Point of Beginning of the ppexcel of land hereinafter described! from unid Point of aeginningr continue•-bearingl69 North 71 degrenn, 40, and 30" Cant for a distance Or ear 551 and 33" West fora distavcotoft101.75feet b,�ol,actk2to tlgteees, point of Beginning. pdrL of VIRGIL S. LOWE SUBDIVISION, a subdivision of part of Government Lot No. 4, Section 25, Townuhlp 06 South, Range 29 East, Tallahassee Meridian, laid Pine Key, Monroe Countyr Florida, according to plat thereof recorded in Plat Hook 3, at page 31, in the office of the Cleek of the Circuit Court, in and jyr Monroe County, Florida. Commencing at a point on the NortheouLorly property line Of Warner Street, distance 150.49 fuel 5vutiLeaaL-erly from the corner 'of the intersection of Warner Street and Beach Road and running thence along the Northeasterly property line of Warner Street in a Southeasterly direction 33.60 fsetl tltettoa In a Hastet�y direction and parallel With Beach Road 301.2� Lost to the Du f# of Nsxico; theuc@ aldhg the waters of the Guif of Mexico in a Northwesterly direction 33.72 feet'td'an ikon"Pill tltettoa North 37' 26" Weat, 16.20 feut; thence inn a Westerly direction and parallel with Beach Road 300.4 feet to the Northeasterly property line of Warner Gtreet; thence along the Northeasterly property lints of Warner GLrsst, in a Southeasterly direction, 16.31 feet to Lite Point of Beginning. A parcel of land in "VIRGIL S. LOWE SUBDIVISUN", Big Pine Key, according to the Plat thereof recorded in Plat Book 31 Page J1, of the Public, Nocartis of Monroe County, Florida, more p4rtivd1arly dauuribed no follows; Commencing at the center of Section 25, Townehip 66 South, Range 29 L+asL•', bear South along the North -south quarter -section line for a dietatca of 1275.48 feet to its intersection with the Easterly right-of-wayy line of U.S. Highway No. 1, as existing on December 15, 1956; tltenee bear South 22 degrees 55' 33" least along said right-of-way lltte for a distance of 237.91 feet to the PGliat of Beginning of the parcel of land here in after EX1I1 BIT "A" 2 of'2 deserib4; from Bald Point of Hoc.inning, bear North 81 degrees 21' 37" abt !Or a distance of 330.07 fact to a point; thence bear South 99 degreee 39, 12" caaL for a distance of 150 feet, more or loss, to the westerly right-of-way lie« of Warner Street as shown on said Plat; thence, bear North 04 degrees 06' 40" West alohg said right -of -sway 11tie for a distance of 160.77 feet to a point; thence continue along said right-of-way line North 20 degrees 40' 20" West- for a iisL•a:tce of 06.72 feet to its intersection with the Southerly right-of-way line of beach Drivel thence bear North 09 degreou 39, 32" West along said rigyht-of way of Reach Drive for a distance of 149.90 East to a pointl thence continua along :aid right -of -Hay line South 71 deg;eea 40' 36" West for a distance Of 100.32 feet to a point; thence bear South 22 degrees 55' 33" East for a di.etance of 187.75 foot to a pol.ut; thence boar aouth 'n degrees 40, 36- West for a dietanee of 108.32 feet, more or leas, back to the Point of the 8eginrtiag, EXCEPTING THEREFROM the following description parcels of land: EXCEPTION 41: A11 that certain parcel of land lying and being in the County of Monroe, and state u1 Florida, more particularly described as followst On the .Island of Big Pine Kay, and is part of Lot No, 4 in Section 25 Of TowuShip 66 Sout-h of Mange 29 1aut of Tallahaueae Meridian in Florida. For a starting point run 1325 feet Southeaaterly from the intersection of the North east and Hest Boundary Line of said Lot 4, and the Beach, thence West 350 feet, aft starting point for two lots. Thence Southeasterly along a:50 foot edicated Street 100 feet, thence West 150 fuel; thence Northweatsrly parallel to the first line 100 feet, thence East 15Q feet to the Point of Degtnning. EXCEPTION 421 All that: cartaiu parcel of land lying and being in the County of Monroe, and State or riorida, more particularly described as follows: On the Island of 81.9 Pine Kay, and is part of Lot. No. 4 in Section 25 of Township 66 South of itange 29 east of Tallahaaooe Meridian in Florida. For a starting point run 1325 feet Southeasterly from the .intersection of the North East and West Boundary Line and the Beach, thence Waat 350 feat, tbenco Southees,terl.y 100 feet (starting point:), thence zunnittg along a dedicated 50 foot, street in a Southeasterly direction 100 foot, thence Waet 150 feet, thence Northwentorly 100 feet, thence East 150 feet to the Point of Doginuing- LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation — Block 2, Lot 22, Windward Beach Estates, Little Torch Key. Item Background: This acquisition is proposed to protect property rights and the natural environment. The subject property consists of a 6,000 square foot lot at the corner of County Road and Catalina Drive near mile marker 28 on the bayside of Little Torch Key. The property has a tier designation of Tier 1 — Natural Area, a zoning designation of Native Area, and vegetation consisting of buttonwood with some Australian pine. The owner has agreed to sell the property for a price of $3,377.55. The estimated closing costs for this transaction are listed in the agenda packet spreadsheet. Advisory Committee Action: On May 28, 2010, the Committee voted 3/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this subdivision. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 4,121.05 Indirect Cost: $ Budgeted: Yes X No. Cost to Land Authority: $ 4,121.05 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X Documentation: Included: X County Land Steward X . To Follow: Not Required: — Disposition: Agenda Item Property Purchase Price PURCHASE CONTRACT 06/16/10 Title Attorney Recording Survey Insurance Fee Fee Total Costs Windward Beach Estates $3,377.55 N/A $225.00 $500.00 $18.50 $4,121.05 Block 2, Lot 22 Seller: Lesbia Feliz , : km m• FYI- w y m, r 60 4 , . -A AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2010, is by and between Lesbia Feliz hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereinafter set forth, and for the price of $3,377.55 for all of the lands and other interests, which lands shall include all 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, Lot 22, Windward Beach Estates Subdivision (PB 4-131) RE# 00221500-000000 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY 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 for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY'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 LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to examine title. If title is found defective, the LAND AUTHORITY 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 LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 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. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all proper times 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 LAND AUTHORITY or Monroe 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 LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY 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 as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $3,377.55. The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY 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 LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to 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 legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY 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 is mutually understood and agreed that the LAND AUTHORITY 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 record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 2 7643 Juniper Street Miramar, FL 33023 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. 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 LAND AUTHORITY has signed this agreement. 13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 20, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. 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 of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY 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 Seller(s), and to purchase said lands as herein provided. Seller/ Lesbia Feliz Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 12010. (Seal) MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch, Executive Director ,C] LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation - Parcels H and I, Cudjoe Acres, Cudjoe Key. Item Background: This acquisition is proposed to protect property rights and the natural environment. The subject property consists of two parcels totaling approximately 8.7 acres near Blimp Road and mile marker 22 on the bayside of Cudjoe Key. The property has a tier designation of Tier 1 — Natural Area and a zoning designation of Native Area. The vegetation is predominantly salt marsh and mangrove but also includes approximately 5,300 square feet of tropical hardwood hammock. The owners have agreed to sell the property for a price of $16,151.75. The estimated closing costs for this transaction are listed in the agenda packet spreadsheet. Advisory Committee Action: On May 28, 2010 the Committee voted 3/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this subdivision. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 16,895.25 Indirect Cost: $ Budgeted: Yes X No Cost to Land Authority: $ 16,895.25 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Property Cudjoe Acres Parcels H and I Seller: Vernon S. & Yvonne M Purchase Price $16,151.75 Julson PURCHASE CONTRACT 06/16/10 Title Attorney Recording Survey Insurance Fee Fee N/A $225.00 $500.00 $18.50 Total Costs $16,895.25 AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2010, is by and between Vernon S. Julson and Yvonne M. Julson hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereinafter set forth, and for the price of $16,151.75 for all of the lands and other interests, which lands shall include all 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: Parcels H and I, Cudjoe Acres RE# 00115510-004100 and 00115510-004200 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY 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 for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY'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 LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to examine title. If title is found defective, the LAND AUTHORITY 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 LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 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. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all proper times 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 LAND AUTHORITY or Monroe 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 LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY 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 as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $16,151.75. The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY 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 LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and real estate commissions, if any. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to 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 legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY 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 is mutually understood and agreed that the LAND AUTHORITY 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 record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 2 38 Bay Drive Key West, FL 33040 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. 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 LAND AUTHORITY has signed this agreement. 13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 18, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. 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 of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY 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 Seller(s), and to purchase said lands as herein provided. Seller/ Vernon S. Julson Signature Date Social Security Number Phone Number Seller/ Yvonne M. Julson Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 12010. (Seal) MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch, Executive Director ,C] LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval of a resolution authorizing the modification of affordable housing deed restrictions for Bayside Landing. Item Background: Bayside Landing is an 18-unit affordable housing development recently built by Habitat for Humanity of Key West and Lower Florida Keys, Inc. (HFH) on the bayside of Big Coppitt Key near mile marker 10. The Land Authority purchased the site in 2004. In 2005 the Land Authority imposed deed restrictions and donated the property to a community land trust created by HFH known as Florida Keys Community Housing and Land Trust, Inc. (FKCHLT). The deed restrictions reflected HFH's preferred resale formula at that time, which was 25.5 times the monthly median income for a family of four in Monroe County. HFH has since merged with FKCHLT, completed the construction phase of the project, and is now preparing to sell the homes. HFH plans to use the land trust model of affordable housing and sell the homes subject to a long-term ground lease. The ground lease will include a resale formula limiting the appreciation of resale prices to 1.5% per year. HFH requests that the Land Authority modify the deed restrictions to reflect this new resale formula and to generally follow the same updated restrictions the Land Authority recently approved for the Habitat Landing development on Big Pine Key. In addition to the proposed restrictions in favor of the Land Authority, there are also separate affordable housing restrictions on the property in favor of Monroe County and Florida Housing Finance Corporation. Advisory Committee Action: On May 28, 2010, the Committee voted 3/0 to approve this resolution. Previous Governing Board Action: On November 18, 2009, the Board authorized similar modifications to the deed restrictions at the Habitat Landing development on Big Pine Key. Contract/Agreement Changes: Revise partner name from FKCHLT to HFH; establish initial sales prices; revise resale formula; delete references to management as rental housing; delete reference to HFH's not -for -profit status; and delete Monroe County Housing Authority and the SHIP requirements from the monitoring section. Staff Recommendation: Approval Total Cost: $ 500.00 Indirect Cost: $ Budgeted: Yes X No Cost to Land Authority: $ 500.00 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Rosch-Mark From: Bob Calhoun[execdirector@habitatlowerkeys.org] Sent: Thursday, May 20, 2010 9:50 PM To: Rosch-Mark Subject: LA deed restriction revision Bayside Landing Mark, We respectfully request an update to the 2005 Monroe County Comprehensive Land Authority's deed restrictions on the Bayside Landing property on Big Coppitt Key. As with the previous deed restriction revision for Habitat Landing of Big Pine Key, the organizations transition to a ground lease model of ownership necessitates this revision. Thank you for your assistance and cooperation. I will return to the office mid afternoon tomorrow, and be available by phone after 12:30. Sincerely, Bob Calhoun Executive Director RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE MODIFICATION OF AFFORDABLE HOUSING DEED RESTRICTIONS FOR BAYSIDE LANDING. WHEREAS, section 380.0666(3), Florida Statutes and section 2-396, Monroe County Code empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire and dispose of interests in real property in order to provide affordable housing; and WHEREAS, on November 19, 2004, the Land Authority acquired Tract C, Porpoise Point Section 4 (PB 5-118) as an affordable housing site (hereinafter "subject property"); and WHEREAS, on August 12, 2005, the Land Authority conveyed the subject property via deed recorded in Official Records Book 2146, Page 1264 to Florida Keys Community Housing Land Trust, Inc. for development with affordable housing known as Bayside Landing; and WHEREAS, on May 25, 2007, Florida Keys Community Housing Land Trust, Inc. merged with Habitat for Humanity of Key West and Lower Florida Keys, Inc. (hereinafter HFH); and WHEREAS, HFH has developed the subject property with 18 residential units and requests the Land Authority to amend the affordable housing deed restrictions in said deed; and WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held on May 28, 2010 and voted 3/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Chairman of the Land Authority Governing Board is hereby authorized to execute the Modification of Deed Restrictions shown in Attachment A. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2010. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Kim Wigington Executive Director Chairman Approved as to Legal Form Larry R. Erskine This Instrument Prepared By: ATTACHMENT A Larry R. Erskine, Esq. 1200 Truman Avenue, Suite 207 Key West, FL 33040 MODIFICATION OF DEED RESTRICTIONS This Modification of Deed Restrictions is made and entered into on this day of , 20107 by Monroe County Comprehensive Plan Land Authority, a land authority under section 380.0663(1), Florida Statutes, and Monroe County Ordinance No. 031-1986, whose post office address is 1200 Truman Avenue, Suite 207, Key West, FL 33040, and Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida not -for -profit corporation, whose post office address is 30320 Overseas Highway, Big Pine Key, FL 33043. RECITALS A. WHEREAS, Monroe County Comprehensive Plan Land Authority is the grantor named in a Warranty Deed dated August 12, 2005, and recorded August 25, 2005, in Official Records Book 2146, Page 1264, of the Public Records of Monroe County, Florida (hereinafter "Warranty Deed"). B. WHEREAS, Florida Keys Community Housing Land Trust, Inc., the grantee in the Warranty Deed, merged with Habitat for Humanity of Key West and Lower Florida Keys, Inc. on May 25, 2007. C. WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys, Inc. has requested Monroe County Comprehensive Plan Land Authority to modify the deed restrictions created in Exhibit A to the Warranty Deed. D. WHEREAS, Monroe County Comprehensive Plan Land Authority Resolution authorizes said modification. NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) from Habitat for Humanity of Key West and Lower Florida Keys, Inc., receipt whereof is hereby acknowledged, Monroe County Comprehensive Plan Land Authority does modify its deed restrictions pertaining to the following portion of the premises encumbered by said restrictions: Tract C, Porpoise Point, Section Four, according to the plat thereof recorded in Plat Book 5, Page 118, of the Public Records of Monroe County, Florida. RE Number 00155820-000000 Page 1 of 3 by substituting the restrictions contained in Exhibit A attached hereto in place of those restrictions contained in Exhibit A attached to the Warranty Deed referred to hereinabove. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the day and year first above written. Signed, sealed and delivered in the presence of: Print: Print: STATE OF FLORIDA COUNTY OF MONROE Monroe County Comprehensive Plan Land Authority In Kim Wigington, Chairman The foregoing instrument was acknowledged before me this day of 2010, by Kim Wigington, Chairman of the Monroe County Comprehensive Plan Land Authority, who ( ) is personally known to me or who ( ) has produced (type of identification) as identification. My commission expires: Notary Public (Type or Print Notary Name Here) Notary Commission Number Signed, sealed and delivered in the presence of: Habitat for Humanity of Key West and Lower Florida Keys, Inc. By: Print: Owen Trepanier, President Print: Page 2 of 3 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , 20107 by Owen Trepanier, President of Habitat for Humanity of Key West and Lower Florida Keys, Inc., who ( ) is personally known to me or who ( ) has produced _ (type of identification) as identification. My commission expires: Notary Public (Type or Print Notary Name Here) Notary Commission Number Page 3 of 3 EXHIBIT A AFFORDABILITY COVENANTS (Monroe County Comprehensive Plan Land Authority Resolution = 2010) 1. Affordability Period. These affordability covenants are perpetual, run with the land in favor of the Monroe County Comprehensive Plan Land Authority (hereinafter "MCLA"), and are binding on all present and subsequent owners and mortgagees. 2. Ownership Housing. Habitat for Humanity of Key West and Lower Florida Keys, Inc. (hereinafter HFH) shall develop the subject property and make same available as ownership housing subject to a ground lease. HFH shall retain fee simple title to the land and shall not subsequently transfer fee simple title to the land without prior written approval of MCLA. Ownership of the improvements, together with a leasehold interest in the land, may be conveyed by HFH subject to the following conditions. 3. Use and Occupancy. The subject property shall be owner occupied and used as the homeowner's primary residence and such other uses incidental to residential use as may be permitted by local zoning and land use regulations. 4. Income Qualified Buyers. Ownership shall be restricted to households earning less than or equal to 120% of the Monroe County median income adjusted for household size at the time of conveyance. 5. Affordability. Monthly housing costs, defined as principal, interest, taxes, insurance (PITI), and homeowner association fees [if any] shall not exceed the annual adjusted gross household income multiplied by 0.30 and divided by 12, all in accordance with §420.0004, Florida Statutes. 6. Initial Sales Price Limits. HFH's sales prices for new homes shall be $150,000 for the two - bedroom models and $180,000 for the three -bedroom models. 7. Resale Price Limits. The sales price for subsequent sales of homes shall not exceed the sum of the sales price the current owner paid plus one and one half percent (1.5%) simple interest (not compounded) per full calendar year of the current owner's period of ownership. No adjustment to the "price the current owner paid" shall be made for improvements, additions, or maintenance of the property. For the purposes of this resale provision, the "price the current owner paid" shall not be deemed to include for the calculation of a permitted resale price the amount of any forgiven or released "silent" or other such mortgage devices used by HFH in the past, regardless of required state documentary stamp or intangible tax obligations on the resale of a unit. All transfers are contingent upon HFH maintaining the right of first refusal to either purchase the property or provide the Seller a qualified Buyer. 8. Refinancing Limits. The property may not be encumbered for any purpose without the prior approval of MCLA, except for encumbrances for projects resulting in capital improvements to the property and encumbrances imposing additional affordability covenants. 9. Affordability Monitoring. HFH will be responsible for ensuring these affordability requirements are maintained. Whenever the property is transferred HFH shall provide certification to MCLA documenting these affordability requirements have been met. 10. Nullification. Any written instrument attempting or purporting to sell, convey, grant, transfer, exchange or assign any legal or equitable rights or interests to the property shall be deemed null and void where such instrument is, on its face or in effect, inconsistent with or contrary to these covenants. 11. Notice. All deeds or instruments conveying title to the property or improvements shall expressly set forth verbatim this and the foregoing covenants or, in lieu thereof, incorporate them by specific reference to this Warranty Deed, by Book and Page numbers where recorded in the Public Records of Monroe County. In addition, the grantee in any such conveyance shall execute and record with the documents of conveyance an affidavit certifying that HFH has advised grantee as to the meaning of said covenants and certifying that grantee understands and accepts said covenants. t Ex i S� �� !° � 'rj�� Doep 1538170 08/25/2005 10:13AM Filed 3 Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE THIS INSTRUMENT PRFPARED BY AND RETURN TO: Larry Ersklne, Esq. eB/25/2005 10:13AM 1200'1'ruman Avenue, Suite 207 DEED DOC STAMP CL : SG $0. 70 Key Wusl, Florida 33040 Property Appraisers Parcel Identification (Folio) Number: 00155820 DooN 1538170 BkU 2146 Pylt 1264 E ABOVE THIS LINE FOR RECORDING 171IS WARRANTY DEED, made the _La.'� day of August, 2005, by Monroe County Comprehensive Plan Land Authority, a land authority under section 380.0663(I), Florida Statutes, and Monroe County Ordinance No. 031- 1986, whose post office address is 1200 Truman Ave., Suite 207, Key West, FL 33040 herein called the Grantor, to Florida Keys Community Housing and Land Trust, Inc., a Florida not for profit corporation, whose post office address is 30320 Overseas Highway, Big Pine Key, FL 33043, hereinafter called the Grantee: (Wherever used herein the terms 'grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns njcorporations) W 1 T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in MONROE County, State of Florida, viz.: Tract C, PORPOISE POINT, SECTION FOUR, according to the Plat thereof, recorded in Plat Book 5, at page 118, of the Public Records of Monroe County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2005 and thereafter. SUBJECT TO: Restrictions as contained in Monroe County Comprehensive Plan Land Authority Resolution Number 02-2005, attached hereto and made a part hereof as Exhibit "A". THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE HOMESTEAD OF THE GRANTOR HEREIN NOR HIS/HER SPOUSE NOR ANY OF HIS/HER IMMEDIATE HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004, IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of '1`I k Witness 41 Si--g---lllnat Monroe County MitQK 73--. '1zbSLtf Plan Land Aush Witness # I Printed Name 7 Witness #2 S' rt ture U By: Charles ". nny" Kimberly A. Nystrom Witness #2 Printed Name t STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 12th day of August, 2005, by Charles "Sonny" McCoy, Vice Chairman ofthe Monroe County Comprehensive Plan Land Authority, who is personally known to me or -has -produced — -------------ems idertlificatou".. SEAL ,,• Illmberty A Nystrom My Commkulon DDttloN7 a Expires April 19, 2007 My Commission Expires: April 19, 2007 File No.: CM013R Kimberly A. Nystrom Printed Notary Name EXHIBIT A RESOLUTION NO. 02-2005 A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE CONVEYANCE OF TRACT C, PORPOISE POINT SECTION 4 ON BIG COPPITT KEY TO FLORIDA KEYS COMMUNITY HOUSING AND LAND TRUST, INC. FOR AFFORDABLE HOUSING. WHEREAS, section 380.0666(3), Florida Statutes (FS) and section 9.3-2, Monroe County Code, empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire and dispose of interests in real property for the purpose of providing affordable housing to very low, low, and moderate income persons as defined in section 420.0004, FS, where said acquisitions are consistent with a comprehensive plan adopted pursuant to Chapter 380, FS; and WHEREAS, the Land Authority has purchased Tract C, Porpoise Point Section 4 as an affordable housing site; and WHEREAS, certain members of Habitat for Humanity of Key West and Lower Florida Keys, Inc. (hereinafter "HFH") have formed a Florida non profit corporation known as Florida Keys Community Housing and Land Trust, Inc. in order to have better control of affordable housing over the long term; WHEREAS, on February 23, 2005, HFH representatives appeared before the Land Authority Advisory Committee and requested the Land Authority to convey title to the subject property to Florida Keys Community Housing and Land Trust, Inc. for development with affordable housing; and WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held on March 23, 2005 and voted 5/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Chairman of the Land Authority Governing Board is hereby authorized to sign a deed conveying title to the subject property to Florida Keys Community Housing and Land Trust, Inc. Said deed shall restrict future use of the property to the requirements specified in Attachment A. Doc# 1538170 Bk# 2146 Pg# 1265 Page 1 of 2 PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this 20th day of April 2005. _I S MONROE COUNTY COMPREHENSIVE T'S,PLAN LAND AUTHORITY MaPk J. Rosch David P. Rice Executive Director Chairman Approved for Legal S ency -1a, Larry R. Erskine DocN 1538170 Bkp 2146 Pgq 1266 Page 2 of 2 ATTACHMENT A AFFORDABILITY COVENANTS 1. Affordability Period. These affordability requirements shall run with the property in favor of the Monroe County Comprehensive Plan Land Authority (hereinafter "MCLA") and shall not expire. 2. Income Limits, Use and Transfer Restrictions. Florida Keys Community Housing and Land Trust, Inc. (hereinafter "FKCHLT") shall make the property available as either ownership housing or rental housing in accordance with the conditions specified below. 2.1. Ownership Housing. FKCHLT shall retain title to the land under ownership housing and shall not subsequently transfer title to the land without prior written approval of MCLA. Ownership of the improvements, together with a leasehold interest in the land, may be conveyed by FKCHLT subject to the following conditions. 2.1.1. Use and Occupancy. The subject property shall be owner occupied and used as the homeowner's primary residence and such other uses incidental to residential use as may be permitted by local zoning and land use regulations. 2.1.2. Income Qualified Buyers. Ownership shall be restricted to very low income persons, low income persons, or moderate income persons as defined in §420.0004, Florida Statutes (hereinafter "Income Qualified Buyer"). 2.1.3. Affordability. Monthly mortgage payments shall be affordable as defined in §420.0004, Florida Statutes. 2.1.4. Resale Limits. The leasehold estate and the improvements located thereon may be transferred, subject to the provisions of Paragraph 2.1.2 above, provided the transfer price does not exceed 25.5 times the monthly median household income for a family of four residing in Monroe County, Florida at the time of the transfer. 2.1.5. Right of First Refusal. All deeds or instruments conveying title to the improvements shall expressly set forth a right of first refusal in favor of FKCHLT. 2.1.6. Special Provisions. (None) 2.2. Rental Housing. FKCHLT shall retain title to the land and improvements and shall not subsequently transfer title to same without the prior written approval of MCLA. 2.2.1. Use & Occupancy. The subject property shall be operated, managed and otherwise administered as permanently affordable rental housing and such other uses incidental to residential use as may be permitted by local zoning and land use regulations. 2.2.2. Income Qualified Tenants. Occupancy of rental housing units shall be restricted to very low income persons, low income persons, or moderate income persons as defined in §420.0004 (hereinafter "Income Qualified Tenant"). 2.2.3. Affordability. Monthly rents shall be affordable as defined in §420.0004, Florida Statutes. 2.2.4. Special Provisions. (None) 3. Profit. FKCHLT is a not -for -profit corporation. FKCHLT is prohibited from earning profit on the subject property. Doca 1538170 Bka 2146 Pgq 1267 4. Refinancing Limits. FKCHLT shall be prohibited from encumbering the land for any purpose without the prior written approval of MCLA, except for encumbrances for projects resulting in capital improvements to the property. 5. Affordability Monitoring. FKCHLT will be responsible for ensuring these affordability requirements are maintained. Prior to occupying the property, all buyers and tenants must be certified by the Monroe County Housing Authority as to compliance with Paragraphs 2.1.2, 2.1.3, 2.1.4, 2.2.2, and 2.2.3 above using the State Housing Initiatives Partnership (SHIP) requirements of 24 Code of Federal Regulations Part 5. FKCHLT shall be responsible for obtaining said certifications from the Monroe County Housing Authority and shall provide a copy thereof to MCLA. 6. Nullification. Any written instrument attempting or purporting to sell, convey, grant, transfer, exchange or assign any legal or equitable rights or interests to the property shall be deemed null and void where such instrument is, on its face or in effect, inconsistent with or contrary to these covenants. 7. Notice. All deeds or instruments conveying title to the property or improvements shall expressly set forth verbatim this and the foregoing covenants or, in lieu thereof, incorporate them by specific reference to this Warranty Deed, by Book and Page numbers where recorded in the Public Records of Monroe County. In addition, the grantee in any such conveyance shall execute and record with the documents of conveyance an affidavit certifying that FKCHLT has advised grantee as to the meaning of said covenants and certifying that grantee understands and accepts said covenants. Covenants Acknowledged and Accepted by Florida Keys Community Housing and Land Trust, Inc. By: Date: S7Z- ames Smith, Director DocN 1538170 Bkp 2146 Pga 1268 MONROE COUNTY OFFICIAL RECORDS