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05/17/2017 AgreementDoi :# 2125446 06/01/2017 3:00PM 13u -4:0 2125446 Filed 8 Recorded in Official Records of 13103 235'7 Pgp 616 MONROE COUNTY KEVIN MADOK AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this 3_72 day of /y9 y 2017, by and between Richard J. Johnson and Joann C. Johnson, also known as Joann Johnson hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter, "COUNTY "). WITNESSETH: In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain lands upon the terms and conditions hereinafter set forth, and for the price of $87,000.00 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 rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, more particularly described as follows; to -wit: Block 11, Lot 10 and Block 12, Lot 1, Tropical Bay 3rd Addition (PB 5 -81) RE# 00314220 - 000000 and 00314250 - 000000 2. The Seller(s) agree that they have full right, power and authority to convey, and that they 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 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). The Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits, failing which the COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. 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 while this Agreement is pending. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the COUNTY by r uoo:p 2125446 13103 2 35'7 INN 617 reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the COUNTY may, without liability, refuse to accept conveyance of said lands. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable 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 waive their 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 marketable 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 $87,000.00. The COUNTY further agrees that, after the preparation, execution, and delivery 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. 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 prorata 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 agree herein to furnish to the 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 the COUNTY, whether or not such taxes and assessments are then due and payable. 9. 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: 6477 Marbletree Lane with a copy to Lake Worth, FL 33467 -7235 Amy Prumo Coldwell Banker Schmitt Real Estate amyprumo @cbschmitt.com I)a,A 21.25446 wo 2851 1 618 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. 10. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 11. 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. 12. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 5, 2017 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 Monroe County Board of County Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all further obligations under this Agreement. IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby 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/ Richard J. Johnson az��� J" - Lv 561 q 1 7 - y 52 0 Signature ' Date Phone Number Seller/ Joann C. Johnson, also known as Joann Johnson Signature Buyer/ COUNTY: KEVIN MADOK, CPA, Clerk Date Phone Number Date: 6 117/ -- - 3 MONROE COUNTY, FLORIDA P+eu►o. r AN= W CObMMIUM / FF 911MIS a e«a.a EM M FAnmy2Z.2M nw Nfty F,bAc Lkdwmtt nt 6 117/ -- - 3 MONROE COUNTY, FLORIDA DwA 2125446 8103 2357 1 619 AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REAL ESTATE STATE OF FLORIDA COUNTY OF P4-t --1 6e_4t rf I, RICHARD J. JOHNSON, being first duly sworn on oath, depose and state as follows: I. I, RICHARD J. JOHNSON, am the surviving spouse of JOANN C. JOHNSON ALSO KNOWN AS JOANN JOHNSON, who died on the l3 day of �o vLl;ci (3 r , 2*jW in the city of G y�-G- I3c���� , County of / -5 s'1-0 and State of Ya g K 2. The following- described real estate was owned by my spouse, JOANN C. JOHNSON ALSO KNOWN AS JOANN JOHNSON, and me, at the time of the death of JOANN C. JOHNSON ALSO KNOWN AS JOANN JOHNSON: Parcel I.D. Number: 00314220 - 000000 Block 11, Lot 10 Tropical Bay Third Addition, Big Pine Key, Plat Book 5, Page 81 Public Records of Monroe County, Florida Vacant land on Hawk Lane, Big Pine Key, Florida and Parcel I.D. Number: 00314250- 000000 Block 12, Lot 1, Tropical Bay Third Addition, Big Pine Key, Plat Book 5, Page 81, Public Records of Monroe County, Florida Vacant land on Egret Lane, Big Pine Key, Florida 3. That my spouse, JOANN C. JOHNSON ALSO KNOWN AS JOANN JOHNSON, and I were continuously married from the date of our marriage on the )_Q - 'day of �c Prc." 13 Ct , 19 3�, until the date of her death. A certified copy of the Death Certificate is attached hereto and ma=_ofx7.c 4. Further Affiant Sayeth Not. RI Sworn to and subscribed by me this i b a�5 day of , 201 by RICHARD J. JOHNSON, (who is personally known to me) ( ho produced the following type of photographic identification: TL © ) , and who did take an oath.•,,... n /� My Commission Expires: t 20 �n cy fig` °7 r" •,'E'� ` My �r mrn. Fx rF,s Decsrn 1(2, 9017 FF 75644 i OF Pub ate of FWida at Large Printed Name of Notary MONROE COUNTY OF ICIAL RECORDS