Item F3bLAND 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 #00089700-000000.
__________________________________________________________________________________
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 one-acre parcel fronting US 1 and Pointview Drive on the bayside of
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 200 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. Based on a preliminary review of the property’s chain of title it appears the property’s
legal description will need to be modified prior to closing to exclude a 475 square foot area along
Pointview Drive that was conveyed to the Florida State Road Department in 1967.
The owners have agreed to sell the property for $170,000.The estimated closing costs for this
transaction are listed in the agenda documentation.
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Advisory Committee Action:
On February 27, 2013 the Committee voted 4/0 to approve purchasing
this propertyfor the price of $170,000.
__________________________________________________________________________________
Previous Governing Board Action:
None.
__________________________________________________________________________________
Contract/Agreement Changes:
N/A
__________________________________________________________________________________
Staff Recommendation:
Approval
__________________________________________________________________________________
Total Cost:Indirect Cost:Budgeted:
$173,368.50 $______ Yes XNo .
Cost to Land Authority:Source of Funds:
$173,368.50 Land 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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PurchaseESATitleAttorneyRecordingTotal
PropertyPriceand SurveyInsuranceFeeFeeCosts
Key Largo acreage$170,000.00$1,800.00$1,050.00$500.00$18.50$173,368.50
RE# 00089700-000000
Seller: Thomas and Dale Chasteen
Aerial Photograph of Subject Property
RE #00089700-000000
Key Largo
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this ______ day of __________________, 2013, is by
and between
Thomas ChasteenandDale Chasteen
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
$170,000.00
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, situateand lying in the
County of Monroe, State of Florida, more particularly described as follows; to-wit:
See Exhibit A for legal description.
RE# 00089700-000000
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, together with any easements or
reservations of record.
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 thirty(30) days from receipt of an acceptable environmental site
assessment 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 contract 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 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
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, 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 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 themat the risk of the LAND AUTHORITY. 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 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
$170,000.00
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.Full
possession of the premises shall pass to the LAND AUTHORITY 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 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 not 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:
91900 Overseas Highway
Tavernier, FL33070
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 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 thirty(30) days from the effectivedate of this Agreement 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. If the environmental site
assessment identifies the presence of hazardous materials on the property, the LAND
AUTHORITY shall, within this specified time period, notify Seller(s) in writing of the findings. The
Seller(s) will then have one hundred twenty (120) days from receipt of notice within which to
pursue, at Seller(s)' sole cost and expense, any assessment, clean-up, and monitoring of the
property necessary to bring the property into full compliance with any and all applicable federal,
state or local laws, failing which the LAND AUTHORITY shall have the option of either accepting
the property 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.
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 legaldescription 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 AUTHORITY. Anything to the contrary
hereinabove notwithstanding, sucha 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.
March 1, 2013
15.If the Seller(s) wishto proceed with this transaction, the Seller(s) have until to
sign and return this Agreementto 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, failing which the LAND
AUTHORITY and the Seller(s) shall release one another of all further obligations under this
Agreement.
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16.The LandAuthority hasuntil March 1, 2013 at 5:00 pm EST to accept this counteroffer.
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 forPurchase
within thirty(30) days from the execution thereof by the Seller(s), and to purchase said lands as
herein provided.
Thomas Chasteen
Seller/
________________________ ___________ __________________
Signature Date Phone Number
Dale Chasteen
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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EXHIBIT A