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Item F3aLAND 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 contracts to purchase property for conservation -Key Largo Acreage RE #00089680-000000. __________________________________________________________________________________ Item Background: This acquisition is proposedto protect property rights, to protect the natural environment, and to preserve green space along US 1. The subject property consists of a 1.7 acre parcel fronting US 1 and Pointview Drive on the baysideof Key Largo near mile marker 92in Tavernier.The property has a tier designation of Tier 3A -Special Protection Area, a zoning designation of Suburban Commercial, and vegetation consisting of tropical hardwood hammock. In addition to preserving valuable habitat, acquisition of this property will help protect the community character of Tavernier and preserve 350 feet of green space along US 1. 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 36-inch increase in sea level, estimates provided by the South Florida Water Management District indicate this property will have a less than 25.1% probability of being inundated. The owners have agreed to sell the property for $240,000 and to pay $5,000 for the removal of trash and debris from the property.The estimated closing costs for this transaction are listed in the agenda documentation. __________________________________________________________________________________ Advisory Committee Action: On February 27, 2013the Committee voted 4/0 to approve purchasing this propertyfor the price of $240,000with the Sellers paying $5,000 for the removal of trash and debris. __________________________________________________________________________________ Previous Governing Board Action: None. __________________________________________________________________________________ Contract/Agreement Changes: N/A __________________________________________________________________________________ Staff Recommendation: Approval __________________________________________________________________________________ Total Cost:Indirect Cost:Budgeted: $243,718.50 $______ Yes XNo . Cost to Land Authority:Source of Funds: $243,718.50Land 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 ____ ÐËÎÝØßÍÛ ÝÑÒÌÎßÝÌ ðíñîðñïí PurchaseESATitleAttorneyRecordingTotal PropertyPriceand SurveyInsuranceFeeFeeCosts Key Largo acreage$240,000.00$1,800.00$1,400.00$500.00$18.50$243,718.50 RE# 00089680-000000 Seller: Ronald E. Molinari and Theresa R. Molinari Aerial Photograph of Subject Property RE #00089680-000000 Key Largo AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this ______ day of __________________, 2013, is by and between Ronald E. Molinari and Theresa R. Molinari 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 $240,000.00 upon the terms and conditions hereinafter set forth, and for the price of for all of the landsand 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: See Exhibit A RE# 00089680-000000 2.The Seller(s) agree that they have full right, power and authority to convey, and that they will conveyto 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.The LAND AUTHORITY acknowledges receipt of survey dated 6/7/76. 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 contract within which to examine title. If title is found defective, the LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all 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 the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Page 1of 4 Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands. 4.The Seller(s) further agree that for sixty (60) days from the effective date of this contract, 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.In the event the LAND AUTHORITY does not purchase the subject property for any reason, the LAND AUTHORITY agrees to return the lands to the condition they were inprior to the LAND AUTHORITY’S examination thereof. LAND AUTHORITY hereby holds Seller(s) harmless from any damages or liabilities (including reasonable attorney’s fees) arising frominjuries caused by LAND AUTHORITY, its agents or representatives in pursuing the activities permitted under this section. Upon title to the subject property passing to the LAND AUTHORITY, the Seller(s) waive their rights to any and all claims against theLAND AUTHORITY or Monroe County associated with, or arising from ownership of, said lands and this waiver shall survive closing. 5.The Seller(s) will execute and deliver at closing tothe LAND AUTHORITY a warranty deed conveying to the LAND AUTHORITY title to the said lands. 6.In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and $240,000.00 other interests at the price of . The LAND AUTHORITY further agrees that, they will providethe closing documents to the Seller(‘s)attorneyfor review.The deed will then be delivered to Larry R. Erskine, P.A., the law firm that is handling the closing. Said law firm will not release the deed to the LAND AUTHORITY until the Seller(‘s) attorney acknowledges receipt of the Seller(‘s) proceeds check and said check has cleared the Seller(‘s) attorney’s trust account. 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, real estate commissions, and $5,000.00 to the Monroe County Building Department toward the removal of trash, debris, and structures from the property.Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) 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 establishingevidence 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 Agreementbut will not be released from liability hereunder. 9.With the exception of assessments levied by the Key Largo Wastewater Treatment District, 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. Page 2of 4 10.It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to the Seller(s) by U.S. Mail addressed to the Seller(s) at the following address: Brent E. Baris, P.A.with a copy to: Lisa Frins PO Box 223Realty World –Freewheeler Inc. High Springs, FL32655lisafrins@florida-keys-homes.com brent@barislaw.com 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 authorized 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. 13.The LAND AUTHORITY shall have sixty (60) days from the effective date of thisAgreement in which to 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 LAND AUTHORITY’ssole discretion, it may accept the property “as-is”or the LAND AUTHORITY may terminate this contract thereby releasing the both parties from all further obligations under this Agreement. 14.The parties acknowledge that the legal description contained in Exhibit A was prepared based upon historic chain of title information, without the benefit of a current survey of the property. The parties agree that if, in the opinion of the LAND AUTHORITY, it becomes necessary to amend the legal description of the property to correct errors, to more properly describe the property, to cut out portions of the property affected by title defects unacceptable to the LAND AUTHORITY or which cannot be timely removed by the Seller(s), or to otherwise revise the legal description of the property, the legal description to be used in the survey (if any) and in the closing instruments required by this Agreement shall be revised by or at the direction of the LAND AUTHORITY, and shall be subject to the final approval of the LAND AUTHORITYand the Seller(s). Anything to the contrary hereinabove notwithstanding, such a revision of the legal description of the property shall not require a written amendment to this Agreement. In such event, the Seller’s execution and delivery of the closing instruments containing the revised legal description and the LAND AUTHORITY’S acceptance of said instruments and of the final survey (if any) containing the revised legal description shall constitute a full and complete ratification and acceptance of the revised legal description of the property by the parties. February 15,2013 15.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. Seller(s’) signature(s) on said Agreement shall constitute an offer to the LAND AUTHORITY. Said offer will terminate if Seller(s) does not receive, on or before March 1, 2013, acceptance of the offer by the LAND AUTHORITY. 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. This transaction shall close on or before 70 days from the effective date of this Agreement, failing which either party shall have the right to terminate this Agreement by Page 3of 4 providing written notice, at which point both parties shall be released of all furtherobligations under this Agreement. 16.Time is of the essence of this Agreement. Should any period of time specified herein end on a Saturday, Sunday or legal holiday, the period of time shall automatically be extended to 5:00 P.M. of the next full business day. 17.This Agreement embodies and constitutes the entire understanding between the parties with respect to the transaction contemplated herein. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modifications, amendment, discharge or termination is sought and then only to the extent set forth in such instrument. 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 as herein provided. Ronald E. Molinari Seller/ ________________________ ___________ __________________ Signature Date Phone Number Theresa R. Molinari 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 Page 4of 4 EXHIBIT “A” Legal Description Lot 30, according to a survey and Plat made by George L. McDonald, C.E. captioned as Absolum, William & Joseph V. Albury property Recorded July 31, 1914, in Plat Book 1, Page 64 of the Public Records of Monroe County, Florida, LESSa tract described as:Beginning at a point Northeasterly 409 feet from the Southwest corner of said Lot 30, run thence 200 feet in a Northeasterly direction along and parallel to U.S. Highway 1, thence Northwesterly along the Northwesterly border of said Lot 30 for 470 feet; thence due South 10 feet; thence in a Southeasterly direction by a straight line back to the point of beginning. ALSOLESS the West 25 feet for roads. ALSO LESS that part more particularly described as follows: Beginning at the Southwest corner of said Lot 30, run N 42°35’04” E on the Southeasterly line of said Lot 30 (Northwesterly Right of Way line for State Road 5) a distance of 51.64 feet; thence N 47°24’56” W a distance of 50.31 feet to the West line of said Lot 30; thence Southerly on the West line of said Lot 30 a distance of 72.10 feet to the point of beginning; containing 1300 square feet, more or less.