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12/20/1995 AgreementAGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this , 1995, by and between Adam W. Hawk Minnie E. Hawk .PD ty day of hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter, "Monroe County") acting by and through the Mayor of Monroe County. WITNESSETH: 1. In consideration of One ($1.00) Dollar in hand, paid by MONROE COUNTY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to MONROE COUNTY certain lands upon the terms and conditions hereinafter set forth, and for the price of $ 9,979.70 for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements and appurtenances thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, more particularly described as follows; to -wit: Block K, Lots 3-4, Pine Heights Subdivision, Big Pine Key RE # 00261680-000000 00261690-000000 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 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. 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. MONROE COUNTY shall have thirty (30) days from the effective date of this contract to examine title. If title is found defective, MONROE COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which MONROE COUNTY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon MONROE COUNTY 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 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 COUNTY 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 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 them. 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 $ 9,979.70. MONROE COUNTY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of MONROE COUNTY shall 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 on the account of MONROE COUNTY. MONROE COUNTY shall pay the following expenses associated with the conveyance of the property: 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 MONROE COUNTY, 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, recording fees, and the removal of trash and debris from the property, if any. Full possession of the premises shall pass to MONROE COUNTY 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 MONROE COUNTY will be obtained by MONROE 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 commitments, title policies and opinions of title. 8. It is mutually understood and agreed that this contract shall not be assigned in whole or in part 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 MONROE COUNTY, 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 certified mail addressed to the Seller(s) at the following address: 400 Pennsylvania Avenue Fruitland Park, FL 34731 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. This agreement is initially transmitted to the Seller(s) as an offer. If this agreement is not executed by the Seller(s) on or before December 4, 1995, this offer will be void unless MONROE COUNTY, at its sole option, elects to accept this offer. F IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first 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 COUNTY 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 MONROE COUNTY, and to purchase said lands as herein provided. La", � L'i ' 4" Seller/ Adam W. Hawk Seller/ Minnie E. Hawk 2LIL- / Q , 1995 / 6r . 1995 The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its MAYOR, has executed this agreement on behalf of the M NROE COUNTY BOARD OF COUNTY COMMISSIONERS this �� day of di G , , 1995. Attest: DANNY L. KOLHAGE, Clerk (Seal) Deputy Clerk MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Shirley FreemQ1, Mayor Per Resolution #3 C-/ , this contract form has been approved by the Board of County Commissioners and the County Attorney for staff use and legal sufficiency. %ppp"LE FORM BY ATTO N S FFICE GATE /2-- 3