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11/21/1995I°1 . C . LAND PUTHOR I T`,` I D : 305-2 '2 - 4 5 6 1 i = T l : { _ . _ _ 1- 111 ' I=-` - AGRF,F.MFNT FOR THE PURCHASF. OF LANDS THIS AGREEMENT is made and entered into this cia\ SFr' OCTOBER OF ! 1995, by and between Rupert G. Fantau Mar y C. Fantau DECEASED. hereinafter style the Seller(s), for themselves, their heirs, excctitOrs, administrators, sUccess01-S and assigns, and the MONROE COUNTY BOARD OF C'OUNTY�1C.OMMI I(WE S (hereinafter, "Monroe County") acting by and through the Mayor of`MOtlresi :CLYUil.ty, i C-_ WITNF,SSETH: _ do 1. In consideration of One $J ,00 Dollar in hand, ( ) paid by MONRC)]_: (`'C)INTY", th�.'receit=:�f which is hereby acknowledged, the Seller(s) agree to :ell to f�1C)N]:GE COITN�Y cei) . lands upon the tongs and conditions hereinafter set forth, and for the 1- vkx of ;S 15,000 ibr all of the lands and other interests, which bolds shall include all tcncnlents. herediWments. together with all water and Other rights, easements and appurtenances thereupoo belonging, owned by them, situate and lying in the C(')unty of Monroe, State of Florida, More particularly described as follows; toi-wit., A parcel of land in st part of the Southwest Quarter of Section 4, Township 66 South, Range 29 East, on Big Pine Key, Monroe County, Florida, and being; more particularly described in Attachment A, made a part hereof. RE #10871Q-000000 2. The Seller(S) agree that they have full right, power and authority to convey, and that they will' convey to MONROE COUNTY the fee simple title together with legal and practical access thereto clear, free and uncilcumbercd, except subject to the following casements Or reservations: Existing casements for canals, ditches, ilumeS, pipelines, railroads, public hig hw4ys and roads, telephone, telegraph, power transmission lines and public utilities. Seller(s) shall convey a marketable title subject only to the aforcmrtltioncd liens. encumbrances, exceptions Or tlualilication set forth Herein. Marketable title Shrill lie determined according; to applicable title standards adopted by aUth0rity Cf the i.'lorida I3ar and in accordance with law. MONROE COUNTY steal l have thirty (30) clays from the el fect iN C date of this contract to ex4tnline title. If title is found defective., MONROF (''01_iN I-Y sh;� ;:, within this specified time period, notify Sellers) in writing specifying dcfcct(s). If tl--e defect(s) render title unmarketable the Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove the deiect(s), failir..g; which NiC)NROE COUNTY shall have the option of either accepting; the title aS it then is or rescinding the contract herein; thereupon MONROE COUNTY and the Scllcr(s) shy+.11 release one another of all further obligations under this Agreement. The Sellei:•(s) V*gill. if title is fburcl unmarketable, use diligent effort to correct. defect(s) in titl within the tune provio-i-i therefore, including the bringing of necessary suits, 3. The Scllcr(s) further agree not to do, or suffer others to do, ally act ty wi,ich the val>>c or title to said lands may be diminished or encumbered. It is Rjrther ag,rced that any loss or occurring prior to the vesting of satisfactory title, in MONROE COJTNTY by reasons of ti c unauthorized shall be borne by t11e Seller(s); and that, in the event any such loss or chic-', occurs, MONROE COUNTY nlay reftise, without liability, to accept conveyance of s' .i lands, or it may elect to accept conveyance upon in equitable adjustment Of the purchase price. M.C. LHND HLTHLIRIT'r ID:305-292-4561 ii C- T 1 ` .' 1- 6 PJ i 1 i1 4. The Seller(s) further agree: that during the period covered by this instrumcnt officers and accredited agents of MONROE COUNTY shall have at all proper times the unrestricted right and privilege to enter upon said lands f'or all proper and lawful purposes, inrludirig examination of said lands and the resources upon them, 5. The Seller(s) will execute and deliver upon demand of the prober officials and .agents c.,f MONROE COUNTY a good and sufficient warranty deal convf•ying to MCiNROE COUNTY good and marketable title to the said lands of such charficler as tc.► be satisfactory to the legal counsel Of MONROE COUNTY and said deed shall 1--rovide that the usl., occupation and Operation of the rights -of --way, easements and reservations retained therein. shall be subordinate to and subject to such rule, and regulations as may lit! prescribed by MONROE COUNTY governing the use, occupation, protection and administration of ?ands. 6. In consideration whereof' MONROL COUNTY agrees that it will purchase all of said lands and other interests at the price of S 115,000, MONROE COUNTY further agrees that, after the preparfttion, execution, delivery and recordation of the deed, and alter the legal counsel of MONROE C:Ot NTY shall have approved the title thus vested. in MONROE C:Oi.JNTf ', it will cause to be paid to the Seller(s) the. purchase price by a check drawn on the acci,unt Of MONROE COUNTY. MONROE COUNTY shall pay the following expenses associated with the conveyance of the property: settlement fees, abstract fees, title examination Rcs, the Buyer's attorney's fees, and title insurance, as well as the proraw share of prepaid refii property taxes allocable to the period subsequent to the vesting o,f title ill the MONR0 COUNTY, or the. effective date of possession of such real propeirty by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary starnps to b�-. affixed to tlt,� deod. recording fees, and the removal of trash and debris from the property, T any. ]lull t), in of the premises shall pass to MONROE COLTNTY as of the dote pay.lncnt is I11Uu1; to the Seller(s) sul?ject only to the reservations stated in Section 2 above. 7. It 1s mutually agreed that an abstract, title insurance policy or other evidence: of ti'le to the property herein contracted to be sold, satisfactory to the legal counsel Of N,10;114ROI✓ COUNTY will be obtained by MONROE COUNTY at its expense. The Seller(s) expressly, agree herein to furnish to MONROE COUNTY any documents in �,eller(;gs possessio establishing evidence of title including, but not limited to, abstracts, t.itic commitments, title policies and opinions of title. 8. It is mutually understood and agreed that this contract shall not be assignea ii. whoh� or in part without the consent in writing of MONROE COLJNTY. 9. It shall be the obligation of the Sellers) to pay all taxes and assessments outstanding as liens at the date title vests of record in MONROE COUNTY, whether or not :;Lich 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 Sclicr(s) by certified rail addressed to the Seller(s) at the following, address: IVO Box 42 Whiitc Stone, VA 22578 and shall be effective upon date of mailing and shall be hinding uport all of the Sellt:rlsl without sending a separate notice to each, except as such obligation may be affected by th provisions of paragraph 6 hereof; 11. The property shall be delivered at closing free of any tenant or Occupancy whatsoever. 12. This agreement is initially tra»sillitted to the ScHer(s) as an offer. If this agreement is not executed by the Seller(s) on or before 00ohe.r• 20, 1995, this offer will be void unless MONROE' COUNTY, at its sole option, elects to accept this offer. K LN %liAMESS on 'lie tlay firsi I-tuvlvasc cannot he ext,vined by mUNROF C 0UNTY oftex it is n2poo.!:d h ons i idc I ralion, and them-liore th%� St'Af-lls for and in o" the 0ne I W; reccived, have and do 'i iereb1 fan, iu7 o i t UN I t. or are' othty officc or agellt '. J)- BIZ'`; 'illtlioi ize�' purrims., aid iands, he, 0 ter i to .111cl rigill to nt I n th.e ('X('vuh0'l thel-e-of 1--1> MONROE and to purclimc- lo d< as 19 OCTOBER OF I I DECEASED. I i�."V and thl"'Ll'il-I bell'All'Of (Ile N—IONROE C SC o A, —Potr- I K01,11PUIL, Ocrk- N' BOARD Of Cij :p - UN'I*Y C0MNJT3";jC,'N,'' wenlwj, Nia'vol' fora, has lb -on nmd dle ( C'o"V, A norn,--v for stail u.-;C xitl, jeLn).j s uof ici I . %-nc;'.:. A OCT 18'95 17:21 NeA00-7, - % I fa_'. ("I I N.] LIN I I A -1 Pamel K land ID a pwl of, tje ,.0 Quarter of SoNon 6A !3f!Llti-j� 1�,%� Pjtl� LrOc (-'C)UIIAYp Florida, and r,,c u all.: describcd thm lur of AsSectjcp, " i0- MC:9E&roll VItSf0jj distmee of 330 hoz N, do pg,.. ijig t)f the ti!Iidjp(:mt of N�ginmirg, C011tillile to rujj '4"cSt Jor' tt diso!,i)u, --w at a light angle rw; SOuth for a distanct of 635 f6et to a pp,r,, lh,, a 'tuilce of 130 fi�et jo .1 point. thence. at a right ant'Ie mr. Nor!!. haghuting, cuntainhip