01/21/2015 Agreement •
AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
DATE: January 28, 2015
TO: Bob Shillinger,
County Attorney
ATTN: Kathy Peters
FROM: Lindsey Ballard, D.C.Nr
At the January 21, 2015, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item L3 Agreement for purchase of Lot 1, Block 1, Treasure Cove
Subdivision No. 2, Key Largo, FL.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any
questions,please feel free to contact my office.
h:tG
Let
cc: County Attorneycicctronic copy) 101
Finance (electronic copy)
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fox:305-852-7146
AGREEMENT FOR THE PURCHASE OF LAND ^ _` ry�lv^�
THIS AGREEMENT is made and entered into this „cam day of fttVVGYPC�
2015, by and between Teresa Montz, hereinafter, the Seller(s), for herself (themselves), her (their)
heirs, executors, administrators, successors and assigns, and the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS (hereinafter, "County,") as Buyer:
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
hereby acknowledged, the Seller(s) agrees to sell to the COUNTY certain lands upon the terms
and conditions hereinafter set forth, and for the price of Five Thousand and No/100ths Dollars
($5,000.00) for all of the lands and other interests, which lands shall include all tenements,
hereditaments, together with all water and other rights, easements, appurtenances, and any and
all of the Seller's (s') rights in or arising by reason of ownership (hereunto belonging, owned by her
(them), situate and lying in the County of Monroe, State of Florida, more particularly described as
follows; to-wit:
BK 1 Lot 1, Treasure Trove No. 2 Key Largo (PB1-128)
RE#00438610-000000
2. The Seller(s) agrees that she (they) has full right, power and authority to convey, and that she
(thety) will convey to the 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.
The COUNTY, at the COUNTY'S expense, within the time allowed to deliver evidence of title and
to examine same, may have the real property surveyed and certified by a registered Florida land
surveyor. If the survey discloses encroachments on the real property or that improvements
located thereon encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants, or applicable governmental regulations, the same shall constitute a title
defect.
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. The
COUNTY shall have sixty (60) days from the effective date of this Agreement in which to examine
title. If title is found defective, the 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 the COUNTY shall have the option of either accepting the title as it then is or rescinding the
Agreement herein; thereupon the 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 agrees 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 the COUNTY by reasons of the unauthorized
cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and
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that, in the event any such loss or damage occurs, the 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 agrees that during the period covered by this instrument, officers and
accredited agents of the 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. The Seller(s) hereby waives her rights to any and all claims against
the COUNTY associated with, or arising from, ownership of said lands and this waiver shall
survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY a good and sufficient deed of warranty conveying to the COUNTY a safe title to the said
lands of such character as to be satisfactory to the legal counsel of the 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 the COUNTY governing the use, occupation, protection and administration
of lands.
6. In consideration whereof, the COUNTY agrees that it will purchase all of said lands and other
interests at the price of $5,000.00. The COUNTY further agrees that, after the preparation,
execution, delivery and recordation of the deed, and after the legal counsel of the COUNTY shall
have approved the title thus vested in the COUNTY, it will cause to be paid to the Seller(s) the
purchase price by a check drawn on the account of the COUNTY. The COUNTY shall pay the
following expenses associated with the conveyance of the property: deed recording fees,
settlement fees, abstract fees, title examination fees, the Buyer's attorney's fees, and title
insurance, as well as the prorate share of prepaid real property taxes allocable to the period
subsequent to the vesting of title in the 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 the removal of trash, debris, and structures from the
property, if any, and real estate commissions, if any. Full possession of the premises shall pass to
the 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 the COUNTY will be obtained by
the COUNTY at its expense. The Seller(s)expressly agrees herein to furnish to the COUNTY any
documents in Sellers(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 the COUNTY may assign this Agreement.
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 the COUNTY, whether or not such taxes and assessments are then
due and payable.
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10. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by mail addressed to the Seller(s)at the following address:
185 Corrine Place
Key Largo, FL 33037
and shall be effective upon date of mailing and shall be binding upon all of the Sellers, if
applicable, 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 the
COUNTY has signed this Agreement.
13. If the Seller(s) wishes to proceed with this transaction, the Seller(s) shall have until December 1,
2014 to sign and return this Agreement to the COUNTY. This Agreement may be executed in
counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this
transaction is contingent upon approval by the Board of County Commissioners at a public
meeting.
IN WITNESS WHEREOF, the Seller(s) has hereunto signed her (their) name(s) and affixed
her (their) respective seals) on the day first above written and therefore the Seller(s) for and in
consideration of the Five Thousand Dollars ($5,000.00) hereinabove acknowledge as received, have
and do tiereby grant unto the COUNTY or its authorized representative, or any other office or agent of
the 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 the Seller(s), and to purchase said
lands as herein provided.
Seller/ Teresa Montz
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Signature Date Phone Number
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MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
AMY HEAVILIN, CLERK %1C3sCeear--
Deputy`�L!lerkJ"(,t�7"la-G[ll�i.t-
Clerk Ma
MONROE CONK.V ' ATTORNEY
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CHRISMLIE F;ARR WS
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