Item F4BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
Ile Florida Keys 4� �� m i =U, Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: F.4
Agenda Item Summary #3064
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295 -5180
9:15 AM Land Authority
AGENDA ITEM WORDING: Approval of a contract to purchase Tier 1 property for conservation
— Lot BN and a 1/61 interest in parcel marked reserved, Wickfield Acres, Big Pine Key.
ITEM BACKGROUND: This acquisition is proposed to protect property rights and the natural
environment and to provide mitigation land in support of the Big Pine Key Habitat Conservation
Plan.
The subject property consists of a 43,968 square foot lot on Nora Drive on the bay side of Big Pine
Key near mile marker 30. The property has a tier designation of Tier 1 — Natural Area, a zoning
designation of Suburban Residential, and vegetation consisting of pineland transitioning to tropical
hardwood hammock. The Southeast Florida Regional Climate Change Compact 50 -year sea level
rise projection is 14 to 26 inches by the year 2060. In the event of a 24 -inch increase in sea level,
estimates provided by the South Florida Water Management District indicate most of this property
will have a 25.1% to 74.9% probability of being inundated. The property qualifies for purchase
under the Acquisition List because it is Tier 1.
The property owners have agreed to sell the property for the price of $20,000. The estimated closing
costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On May 31, 2017 the Committee voted 4/0 to approve
purchasing this property for the price of $20,000.
PREVIOUS RELEVANT BOCC ACTION: The Board has approved the purchase of many other
conservation properties in this subdivision.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
LotBN
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Charles Pattison Completed 06/05/2017 11:24 AM
Kathy Peters Completed 06/06/2017 6:35 PM
Board of County Commissioners Pending 06/21/2017 9:00 AM
PURCHASE CONTRACT
06/21/17
Purchase
Property Price Survey
Title Fees & Attorney
Insurance Fee
Recording Total
Fee Costs
Lot BN and 1/61 interest in $20,000.00 N/A $490.00 $475.00 $35.50 $21,000.50
parcel marked reserved
Wickfield Acres
Big Pine Key
Sellers: Estate of Evelyn Pearl Chassar et al. and Evelyn P. Csasar Trust
Stephanie C. Robertson and Jill Kovacs as Co- Personal Representative and Co- Successor Trustees
F.3.a
Aerial Photograph of Subject Property
Block 3, Lot 11, Harris Ocean Park Estates
Key Largo
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Packet Pg. 1398
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 2017 by
and between
Stephanie C. Robertson and Jill Kovacs, Co- Personal Representatives of the
Estate of Evelyn Pearl Chassar et al. and Co- Successor Trustees of the Evelyn P.
Csasar Trust dated May 12, 1992
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:
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
upon the terms and conditions hereinafter set forth, and for the price of $20,000.00 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:
Lot BN, Wickfield Acres and 1/61 interest in parcel marked "Reserved" (OR 584 -189)
more particularly described in Exhibit A.
RE# 00110230 - 006400
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). The Seller(s) will use diligent effort to correct defect(s) in title within the time
provided therefore, failing which the LAND AUTHORITY shall have the option of either accepting
the title as it then is or rescinding the Agreement herein. Notwithstanding anything to the contrary,
the Seller(s) shall not be required to expend money to correct title defects.
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 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, 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 LAND AUTHORITY shall have at all reasonable times but no more than
sixty (60) days from the effective date of this Agreement 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
and this waiver shall survive closing. The LAND AUTHORITY shall repair all damage to the
property resulting from the LAND AUTHORITY'S access and examination as stated herein.
5. The Seller(s) will execute and deliver at closing a good and sufficient deed conveying to the LAND
AUTHORITY a marketable title to the said lands of such character as to be satisfactory to the legal
counsel of the LAND AUTHORITY. The closing date shall be within seventy -five (75) days from
the effective date of this Agreement.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $20,000.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, and delivery 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 on the closing date. 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 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, if
the Seller(s) have these documents in their possession.
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 LAND AUTHORITY, 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 addresses:
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c/o Law Office of Annette Z. P. Ross, PL and Richard R. Gans, Esquire
901 Venetia Bay Blvd., Suite 240 Fergeson Skipper
Venice, FL 34285 1515 Ringling Blvd., Tenth Floor
Sarasota, FL 34236
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
LAND AUTHORITY has signed this Agreement.
12. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 26, 2017 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 by July 21, 2017, failing which the LAND AUTHORITY and the Seller(s) shall
release one another of all further obligations under this Agreement.
13. The parties herein represent that no real estate associate or broker was involved in this
transaction nor is a commission due to any real estate associate or broker.
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 fourteen (14) days from the execution thereof by the Seller(s), and to purchase said lands as
herein provided.
Seller/ Stephanie C. Robertson, Co- Personal Representative of the Estate of Evelyn Pearl Chassar et al.
and Co- Successor Trustee of the Evelyn P. Csasar Trust dated May 12, 1992
Signature
Date Phone Number
Seller/ Jill Kovacs, Co- Personal Representative of the Estate of Evelyn Pearl Chassar et al.
and Co- Successor Trustee of the Evelyn P. Csasar Trust dated May 12, 1992
Signature
Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 03 -2016, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
.2017.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Charles G. Pattison, Executive Director
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