Loading...
11/21/1995LAP1D AUTH0F:ITY ID -5-292-4561 Of T 1 =+ 5 1 i.=, : i=1 hd o . i=1 IJ AGREEMENT FOR THE Pl )RCHASF Ole LANDS THIS AGkEHMENT is made and entered into this IqA/ day of _��, 1995, by and between Frederick C. Feirn Rosemarie E. Fcrrn hereinafter style the Seller(s), for themselves, their heirs, executors, adniinislrators, successors and assigns, and the MONROF. COUNTY BOARD 01' COUNTY-�C'C)MML.5ZS1UisIL1tS (hereinafter, "Monroe County") acting by and through the Mayor of MortrosC`ounty, WITNF..SSET11: C—i L In consideration of One ($1.00) Dollar in hand, pi -id by MONROE CC) 1NTY, tl Nreceh; i of which is hereby acknowledged, the Seller(s) agree to sell to MONROE COU'gY ce�'ain lands uron the terms and conditions hereinafter set forth, and for the price of S 2(1,0(10 frr all of the lands and other interests, which lands shall include all tenements, lucrcditan,e-i-its, together with all water and other rights, easements and appurtenances tlicrctmto belonginc, 0WAeld by them, situate and lying in the County of Monroc, State of l'lorida, mare particularly described as follows; to -wit; A tract of land in a part of the Northeast Quarter of the Southwest Quarter of Section 15, Township 66 South, Range 29 East, on Big Pine Key, %louroe County, Florida, lying West of State Road S 940 and being more particularly described by metes and bountls in Attachment A, n ade n part hereof. RRI. 4109710-001400 2. The Seller(s) agree that they have. full right, power and authority t(-) conti•c•, , aad that they will convey to MONTROF COUNITY the fee simple title together with legal a_nd practical access liiereto clear, free and unencumbered, except sUbje<;t to the follu,wing easements or 3•eservations: F'»;sting easements ierr uallals, ditehes, f!utttc;s, pipelines, railroads, pLrhlic higlltVays argil _,ais, telephone, telegraph, power iret:smrssion lines and public utilities. Seller(s) shall convey a marketable title subject only to the aforenic:itioned 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. MONROF COUNTY shall have thirty (30) days front the effective date of this contract to exalttine title. l.f =itle is found defective, MONROF COUNTY shall. within this specified time perio,!, notify Selrcrf s) in writing specify ittg <k:li c t(s ), Tf the def,-Ct(s) render title unmarketfj�iv the Sclier(s) will have one .:tindred twvnt ,' il'Qi:l I'e(:I'sl`t i?f tir•t:":' U4, !hir, kx1hil-A tc, (.•, f v_it :ii: I rs ' •(:.�, [a :�li. .'•oli A_L•i' Tl. COUNTY shall have tli: cep iwi or either rccc1)tiL'9 the title us it then is or re,sQinding the cou;traet herein; thereupon MG-NPOE COUNTY and the Sellers) small release onC anoth'n. of all funher obligatio,-,A wider this Agreement. The Seller(s) will, il` title: is found unmarketable, use diii,,eni eii'c,rt 'to correct defect's) in title within tit% !.inxe t?I;)vided therefore, including the bringing of necessary suits, 3. The Seller(s) further agree not to do, or suffer ethers to de, any act by which the; value ar title to said lands may be d riinished or encumbereed. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in MONROE COUNTY by reasons of the unauthorized shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, MONROE C01_. N'1'Y may ;efuse, Yvilihout liability, to ac'cc pt conveyance of said lands, or it may elect Lit ac:ecpt %.anvevstn(•e Upon an equitable adjustment of the purchase pric:. LH1lD HUTHURIT''r I 305 i2-45 1 0(-T 18 +5 16 fir_ . U U 2 F .G^ 4. The Seller(s) further agree that during the period coverer] by this instrument officers and Elecredited agents of MONROE COUNTY 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 then]. 5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of MONROE COUNTY a good and sufficient warranty deed conveying to MONROE COUNTY good and marketable title to the said lands of such character as to be satisfactory to the legal counsel of MONROE COUNTY and said deed shall provide that the use, occupation and operation of the rights -of -way, easements and reservations retained therein, Shall be subordinate to and subject to such rules and regulations as may be prescribed by MONROE COUNTY governing the use, occupation, protection and administration of lands. 6. In consideration whereof MONROE COUNTY agrees that it will purchase all of said lands and other interests at the price of $ 20,000. MONROE COUNTY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of MONROL COUNTY .has have approved the title thus vested in MONROE COUNTY, it will cause to be paid to the Seller(s) the purchase price by a check drawn oil the account of MONROE COUNTY. MONROE COUNTY shall pay the following expenses associated with the conveyance of the property: settlement fees, abstract fees, title exttrt1r11attotl fees, the iiuyer'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 MONROE COUNTY, or the effective date of possession of'such real property by the same, Nvhichc•vr:r is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed, p f I.oI recording; fees, , if an Full possession I Y ) I of the premises shall pass to MONROE COUNTY as of the date payment is nladc to the Seller(s) subject only to the reservations stated in Section 2 above. 7. It is mutually agreed that an abstrfut, title ittst altee policy or other evidence of title to the property herein contmeted to be sole.], satisfactory to the legal counsel of N40NROF COUNTY will be obtained by MONROL COUNTY at its expense. The Seller(s) expressly agree herein to furnish to MONROE COUNTY any documents in Seller(s)'s possession establishing evidence of title including, but not limited to, abstracts, title conitnitill enIS, title policies and opinions of title. 8. It is mutually understood and agreed that this contract shall nett he assigrtcrl in whole or in par: without the consent in writing of MONROE COUNTY. 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 MONR64; COUNTY, whether or not such taxes and assessments are then due and payable. 10. It is mutually understood and agreed that notice of acceptatice of this agreement shall be given to the Sellers) by certified mail aO dressed to the Seller(s) ai the fo l'owinb address: ilo ,loam Tucker, Itcaltor Greg O'13crry, Inc. PO Box 430333 llig Pine Key, FIB 33043 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 sucli obligation may be affected by the provisions of paragraph 6 hereof. 11. The property shall be rielivered at closing free of any tenant or occupancy whatsoever. 12. This agreement is initially transmitted to the Seller(s) as an offer. If this agreclllent is not executed by the Seller(s) on or before October 20, 1995, this offer will he void unless MONROE COUNTY, at its sole option, elects it) acctrpt this offer. 2 M.C. LHND AUTHORITY ID:305-'22-4561 OCT , i=iCF' . oq IN WITNESS WHElt14,0F, the Seller(s) have hereunto signed their, names and affixed their respective seals on the day .6r.st above written, with the understanding that this Agreement for Purchase cannot be executed by MONROE COUNTY until after it is reported to it for its consideration, and therefore the Seller(s) for and in consideration of the One ($1.00) Dollar hereinabove acknowledge as received, have and do hereby grant unto MONROE COUNTY or its authorized representative, or any other office or agent of MONROE C:O[ TNTY authorized to purchase said lands, the option and right to enter into this Agreement fOr Purchase within sixty (60) days fi•oni the execution thereof by MONROE COUNTY, and to purchase said lands as herein provided. Seller/ Frederick C. Feirn Roscmarlwk Feirn Ocl t &K�, 20 j 995 The, MONROE COUNTY BOARD OF COUNNTY COMMISSIONERS, acting by and thr()ugh its MAYOR, has executed this agreement on behalf of the MONROF COUNTY Fat )A It I) Ol COUNTY COMMISSIONERS this ayxt day of if) ?��- , 1995. Attest: DANNY I,. KOLHAUE, Clerk (Seal) L..'J'ac QAdk Deputy Clerk MONROE COUNTY 130ARD OF (-'OUNTY COMMISSIONERS Shirley Freemai . ayor Per Resolution #t5-/99�5, this contract form has been approved by the Board of County Commissioners and the County Attorney for staff use and leg,-d sufficiency. APPROVEVFFOk/ b ND tEGA BY ATTO EY'0 FICE TE �.,,� 3 LHNLI HU I HUKIT'Y` IU 305-292-!1561 0 C T 18' +. 16 CI - 0 2, P . 0 5 ATFAC'HMENT A A tract of land in a part of the Northeast Quarter of the Southwest Quarter of Section l.5, Township 66 Soutla, Range 29 East, on Rig Pine Key, Monroe County, Florida, lying west of State Road S 940 and being more particularly described by metes and bounds as folloNN,s: Beginning at the Northeast Corner of "EDEN PINES COLONY, TIII1Zll ADDITION," as recorded in Plat ]hook 5, Page 59, of'the Public Records of Mortroc County Florida, bear West. along the North Line of "EDEN PINES COLONY, 'THIRD ADDITION," for a (listice of 435.90 feet; thence North far a distance of 225 fret; thence Last for distance of 301.09 feet to the Southwest right of way line of the said State Road; thence South 30 degrees 55 minutes 40 seconds Last along the said right of way line for a distance of 262.29 feet hack to the Point of Beginning, containing 1.903 acres, more or less. 51