12/20/1995 AgreementAGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this
A-kv-C n&A*#- , 1995, by and between
2&
day of
IRA S. SILVER, Esquire, as Personal Representative of the Estate of David E.
Swartz
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: r
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1. In consideration of ten dollars ($10.00) in hand, paid by MONROE COLNTY, thegaceipt-W
which is hereby acknowledged, the Seller(s) agree to sell to MONROi COUNTX cent-
lands upon the terms and conditions hereinafter set forth, and for the price of onW milQa
three hundred thirty seven thousand eight hundred fifty seven and Q100 -�s
1,337,857.96) 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:
A tract of land and submerged lands, being a part of Government Lot 3, Section 10,
Township 66 South, Range 32 East, at Marathon, Key Vaca, Monroe County,
Florida, lying Southerly and adjacent to U.S. Highway No. 1, and being more
particularly described by metes and bounds in Attachment A.
RE # 103350-000200
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,
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within this specified time period, notify Seller(s) in writing specifying defect(s). If the
defect(s) render title unmarketable, MONROE COUNTY, at its sole option, may elect to
terminate this agreement and neither party shall have any further obligations under this
agreement.
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 $ 1,337,857.96. 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, and recording fees. 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 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.
9. It is understood and agreed that this agreement shall not be assigned without the mutual
consent of the parties.
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:
PO Box 110808
Miami, FL 33111
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
MONROE COUNTY has signed this agreement.
13. MONROE COUNTY may conduct an environmental site assessment to determine the
existence and extent, if any, of any hazardous materials on the property. For the purposes of
this agreement "hazardous materials" shall mean any hazardous or toxic substance, material
or waste of any kind or any other substance which is regulated by any environmental law. In
the event that the environmental site assessment confirms the presence of hazardous materials
on the property, MONROE COUNTY, at its sole option, may elect to terminate this
agreement within sixty (60) days of the effective date of this agreement and neither party
shall have any further obligations under this agreement.
14. This agreement is contingent upon the Seller(s) obtaining an Order Approving Sale from the
Probate Court for the Estate of David E. Swartz within fifteen (15) days of the effective date
of this agreement.
15. This transaction shall be closed and the deed and other closing papers delivered on or before
March 1, 1996, unless extended by mutual consent of the parties. In the event MONROE
COUNTY requires additional time to obtain the grant funding necessary to close this
transaction, the Seller(s) hereby agree to a closing date of on or before April 30, 1996.
16. In the event that MONROE COUNTY fails to purchase the subject property in accordance
with the terms of this agreement, the parties agree that the Seller(s) shall be entitled to
3 � St�P� ,.rho
damages in the amount of the 1995 property taxes assessed against the subject property, plus
the 1996 property taxes up to the date the contract was breached. In the event that the
Seller(s) fail to perform this contract, the parties agree that MONROE COUNTY may seek
specific performance.
17. This agreement is initially transmitted to the Seller(s). s an offer. If this agreement is not
executed by the Seller(s) on or before November 24, 1995, this offer will be void unless
MONROE COUNTY, at its sole option, elects to accept this offer.
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 is
subject to approval by MONROE COUNTY.
S �
Sel (s)/ IRA S. SILVER, Esquire
as Personal Representative of
the Estate of David E. Swartz
4*)o10ef 440' Zg . 1995
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through
its MAYOR, has executed this agreement on behalf of the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS this 40t6 day of A060m&& 1995.
Attest:
DANNY L. KOLHAGE, Clerk
(Seal)
-aaj (). Qh'14�
Deputy Clerk
MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS
7
Shirley Freenign, Mayor
y
4
ATTACHMENT A
RE # 103350-000200
AK # 1120651
A tract of land and submerged lands, being a part of Government Lot 3, Section 10, Township 66
South, Range 32 East, at Marathon, Key Vaca, Monroe County, Florida, lying Southerly and
adjacent to U.S. Highway No. 1, and being more particularly described by metes and bounds as
follows:
Commencing at the intersection of the East Line of Government Lot 3 and the
Southerly Right -of -Way Line of U.S. Highway No. 1, bear South 74 degrees 20
minutes 00 seconds West, along the Southerly Right -of -Way Line of U.S.
Highway No. 1, for 823.25 feet to the POINT OF BEGINNING of the tract of
land and submerged lands hereinafter described, from said Point of Beginning
continue bearing South 74 degrees 20 minutes 00 seconds West for 684.60 feet;
thence South 15 degrees 40 minutes 00 seconds East for 1088.02 feet; thence
bear North 74 degrees 20 minutes 00 seconds East for 506.60 feet; thence bear
North 06 degrees 22 minutes 00 seconds West for 1102.48 feet, back to POINT
OF BEGINNING.
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