09/20/1995 AgreementAGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT, made and entered into this
September , 1995, by and between
Brian Sullivan
20th
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 Cohnty..
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WITNESSETH: ''
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1. In consideration of One ($1.00) Dollar in hand, paid by MONROE COUNTY, the rMeipt 01
which is hereby acknowledged, the Seller(s) agree to sell to MONROE COUNT certa I
lands upon the terms and conditions hereinafter set forth, and for the price of $ 18,39,E for 4
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:
Cutthroat Harbor Estates, Block 4, Lots 8, 9, 45, 46, 47, and 48
RE # 177040, 177050, 177410, 177420, 177430, and 177440
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 $ 18,393. 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. Except for the expense of documentary stamps to be affixed to the
deed, which expense is the responsibility of the Seller(s), all other expenses incidental to the
conveyance of the property, including recording fees, 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; shall be the responsibility of the MONROE COUNTY. 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:
PO Box 421063
Summerland Key, FL 33042
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 Seller(s) agree to clean and remove all trash and debris from the property to the
satisfaction of MONROE COUNTY prior to closing. 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 October 5, 1995, this offer will be void unless
MONROE COUNTY, at its sole option, elects to accept this offer.
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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.
Se ler/ Brian Sul ivan
, 1995
Seller/
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 o?U "6* day ofSep AA 4 e r , 1995.
Attest:
DANNY L. KOLHAGE, Clerk
(Seal)
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Deputy Clerk Ar
4PMOVEO AS TO FORV
AND LEGAL SUF lC/ENr—y
MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS
Shirley Free , Mayor
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