Item F2LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date:Division:
March 20, 2013Land Authority
Bulk Item:Contact / Phone #:
Yes No XMark Rosch / 295-5180
__________________________________________________________________________________
Agenda Item Wording:
Approval of a revised contract for the purchase of Sugarloaf Acreage RE
#00118090-000100 for conservation to excludeRE #00117510-000500 from the transaction.
__________________________________________________________________________________
Item Background:
This agenda item is proposed to resolve a closing issue in a pending transaction.
The Land Authority has an existing contractto purchase RE #00118090-000100 (Lot 15) and RE
#00117510-000500(Lot 6) in the Sugarloaf Acres area on the bayside of Sugarloaf Key near mile
marker 19 for $18,607. During the inspection period of this transaction staff discovered the presence of
extensive trash and debris on Lot 6. In its present condition Lot 6 is nota desirable acquisition and the
Seller is not in a position to perform the necessary cleanup at this time. The proposed revised contract
willexcludeLot 6 from the transaction and allow the Land Authority to proceed with the purchase of Lot
15 at the reduced price of $8,050.
The estimated closing costs for this transaction are listed in the agenda documentation.
__________________________________________________________________________________
Advisory Committee Action:
On November 26, 2012 the Committee voted 4/0to approve purchasing
Lots 6 and 15 for the price of $18,607. On January 30, 2013 the Committee voted 4/0 to approve the
proposed revised contract.
__________________________________________________________________________________
Previous Governing Board Action:
On December 12, 2012 the Board approved purchasing Lots 6
and 15 for the price of $18,607.
__________________________________________________________________________________
Contract/Agreement Changes:
Exclude Lot 6 from the transaction; reduce the purchase price from
$18,607 to $8,050; and retain the waiver of any claims against the Land Authority or the County with
respect to both Lots6and 15.
__________________________________________________________________________________
Staff Recommendation:
Approval
__________________________________________________________________________________
Total Cost:Indirect Cost:Budgeted:
$8,793.50 $______ Yes XNo .
Cost to Land Authority:Sourceof Funds:
$8,793.50Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By:
Attorney X County Land Steward X .
Documentation:
Included: X To Follow: Not Required: .
Disposition:
Agenda Item ____
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date:Division:
December 12, 2012Land Authority
Bulk Item:Contact / Phone #:
Yes No XMark Rosch / 295-5180
__________________________________________________________________________________
Agenda Item Wording:
Approval of contracts to purchase property for conservation -Sugarloaf Key
Acreage RE #00117510-000500 and 00118090-000100.
__________________________________________________________________________________
Item Background:
This acquisition is proposed to protect property rights and the natural environment.
The subject property consists of two parcels on the bayside of Sugarloaf Key near mile marker 19 in the
area known as Sugarloaf Acres. Both parcels are designated Tier 1 -Natural Area.The first parcel is a
1.02 acre tract on Mad Bob Road that is zoned Native Area and has a mix of tropical hardwood
hammock, salt marsh, buttonwood, and exotic vegetation. The second parcel is a 1.01 acre tract on an
unnamed road that is zoned Native Area and Suburban Residential Limited and has tropical hardwood
hammock vegetation. The Southeast Florida Regional Climate Change Compact 50-year sea level rise
projection is 9 to 24 inches by the year 2060. In the event of a 12-inch increase in sea level, estimates
provided by the South Florida Water Management District indicate about one-half of the parcel on Mad
Bob Road will have a 25.1% to 100% probability of being inundated. In the event of a 24-inch increase
in sea level, the majority of both parcels will have a 25.1% to 100% probability of being inundated.
The owner hasagreed to sell the property for a price of $18,607.The estimated closing costs for this
transaction are listed in the agenda documentation.
__________________________________________________________________________________
Advisory Committee Action:
On November 26, 2012 the Committee voted 4/0to approve purchasing
this propertyfor the price of $18,607.
__________________________________________________________________________________
Previous Governing Board Action:
The Board has approved the purchase of other conservation
properties in this area of Sugarloaf Key.
__________________________________________________________________________________
Contract/Agreement Changes:
N/A
__________________________________________________________________________________
Staff Recommendation:
Approval
__________________________________________________________________________________
Total Cost:Indirect Cost:Budgeted:
$20,259.75 $______ Yes XNo .
Cost to Land Authority:Source of Funds:
$20,259.75Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By:
Attorney X County Land Steward X .
Documentation:
Included: X To Follow: Not Required: .
Disposition:
Agenda Item ____
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PurchaseTitleAttorneyRecordingTotal
PropertyPriceSurveyInsuranceFeeFeeCosts
Sugarloaf Key acreage$8,050.00N/A$225.00$500.00$18.50$8,793.50
RE# 00118090-000100
(Lot 15)
Seller: Kathryn J. Malone
Aerial Photograph of Property to be Acquired
RE #00118090-000100 (Lot 15)
Sugarloaf Key
DATE PALM DR
PELLICO RD
ROCKY RD
Aerial Photograph of Property to be Excluded
RE #00117510-000500 (Lot 6)
Sugarloaf Key
CRANE BLVD
MAD BOB RD
BAD GEORGE RD
MIRA RD
ACOSTA TRL
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this ______ day of __________________, 2013, is by
and between
Kathryn J. Malone
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter,
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
1.In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
$8,050.00
upon the terms and conditions hereinafter set forth, and for the price of 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:
Lot 15 in Government Lot #3, according to a Plat of Survey, said Plat being
recorded in Official Records Book 407 at Page 695 of the Public Records of
Monroe County, Florida.
RE# 00118090-000100
2.The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY 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 LAND AUTHORITY, at the LAND AUTHORITY’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
LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to
examine title. If title is found defective, the LAND AUTHORITY 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 LAND AUTHORITY shall have the option of either accepting the
title as it then is or rescinding the Agreement herein; thereupon the LAND AUTHORITY 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.
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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 anyloss or damage
occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by 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 ordamage occurs, the LAND AUTHORITY 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 bythis instrument officers and
accredited agents of the LAND AUTHORITY 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 waive their rights to any and all
claims against the LAND AUTHORITY or Monroe County associated with, or arising from
ownership of, said lands as well as Lot 6 in Government Lot #5 according to a Plat of Survey, said
Plat being recorded in Official Records Book 407 at Page 695 of the Public Records of Monroe
County, Florida (RE# 00117510-000500)and this waiver shall survive closing.
5.The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe
title to the said lands of such character as to be satisfactory to the legal counsel of the LAND
AUTHORITY 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 LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6.In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
$8,050.00
other interests at the price of . The LAND AUTHORITY further agrees that, after the
preparation, execution, delivery and recordation of the deed, and after the legal counsel of the
LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will
cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND
AUTHORITY. The LAND AUTHORITY 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 LAND AUTHORITY,
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 LAND AUTHORITY as of the date payment is made
to the Seller(s) subject onlyto 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 LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY 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 the LAND AUTHORITY 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 LAND AUTHORITY, 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:
PO Box 348
Howell, MI48844
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 6hereof.
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
LAND AUTHORITY has signed this Agreement.
March 4,2013
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until to
sign and return this Agreement to the LAND AUTHORITY. 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 Advisory Committee and Governing Board of the
LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one
another of all further obligations under this Agreement.
14. This agreement supersedes the Agreement between the parties dated October 24, 2012.
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 LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
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.
Kathryn J. Malone
Seller/
________________________ ___________ __________________
Signature Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTORin accordance with Resolution 09-2004, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this ______ day of
______________________, 2013.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
________________________________
Mark J. Rosch, Executive Director
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