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11/14/2017 Agreementc ° °0 couar400 H R Oe cou'� Kevin Madok, cPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: November 17, 2017 TO: Kathy Peters, CP County Attorney's Office FROM: Pamela G. Hanco k .C. SUBJECT: November 14th BOCC Meeting Attached are electronic copies ol' the 1011owing items: T4 Contract with Gregory S. Fillmore for purchase of a lot described as Block 3, Lot 34, Center Island (PB 5 -82) with parcel number 00379800- 000000 for density reduction purposes. T5 Contract with Harold and Donna Kirchner for purchase of a lot described as Block 3, Lot 36, Center Island (PB 5 -82) with parcel number 00379820 - 000000 for density reduction purposes. T6 Contract with Juan Esteban Gonzalez - Aguiar for purchase of a lot described as Block 6, Lot 23, Center Island (PB 5 -82) with parcel number 00380440- 000000 for density reduction purposes. T7 Contract with David Lyon and Jean Lyon (a.k.a. Elizabeth J. Lyon) for purchase of a lot described as Block 4, Lot 7, Plantation Island (PB 5 -82) with parcel number 00383270 - 000000 for density reduction purposes. T8 Contract with Frank Edmund & Elizabeth Prout Lefler for purchase of a lot described as Block 6, Lot 12 and Lot 13, Plantation Island (PB 5 -82) with parcel numbers 00383850- 000000 and 00383860 - 000000 for density reduction purposes. T9 Settlement agreement in Circuit Court Case No. CA -M -14 -165 regarding Code Case Nos. CE09040149 and CE10070149 and property located at 69001 Overseas Highway, Long Key, Florida 33001. Should you have :uly questions, please feel free to contact me at ext. 3130. Thank you. cc: rinance File :Y WEST MARATHON PLANTATION KEY 0 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway y West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 5- 294 -4641 305 - 289 -6027 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305- 852 -7145 AGREEMENT FOR THE PURCHASE OF LANDS /yam THIS AGREEMENT is made and entered into this n � day of , 2017, by and between David Lyon and Jean Lyon, also known as Elizabeth J. Lyon hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter, "COUNTY "). WITNESSETH: In rnng idigr ltinn o Tpn holism (91 0.00) in hp.nd npirl h%# +hc (Yll InITV +hc rcrncin+ of which ic 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 - $78,000.00 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 4, Lot 7, Plantation Island (PB 5-82) RE# 00383270 - 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 snecifvino 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, inr_ludinn the hrinninn of necpscary Slits. failing which the COUNTY shall have the nntign 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.. anv 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 reasons of the unallthorizprl rtlttinn nr removal of nrgdur_.ts thprpfrom nr hPr_.ausp of frp shall hp. 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 or the State of Florida 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 $78,000.00. 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(a) 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 attnrnQv'c fPps, anti titlp incur irnnrp, ac %+W1 as the nmrntn share of nrannid real nrnnerty 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 ®vnnnsas of dnrr rmentanr nternns to h!± affind to tho r me d and the re notra! of trash rJnhris anri 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 thn roserratinnc ct�tor� in Cortina ') ohnirc 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: 220 W Seaview Circle Duck Key, FL 33050 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 noranranh A harcnf N - -- - U' = i' ' - n G 10. The property shall be delivered at closing free of anytenant or occupancy whatsoever. 11. The effective date of this Agrr-- emunt shall be that dato 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 October 30, 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/ David Lyon �.- 3o s - 3 2s --� � Signature Dat6 I Phone Number Seller! _lean 1 .yore, also known as Elizabeth J. Lyon /9+- for ? O 3 �S /���- Date Phone Number i yer /'COUNTW! - Q �' MONROE COUNTY, FLORIDA t, a � KEG Nl -.- - 00,"PA, Clerk By: B �2 Deputy C erl: Mayor David Rice n. (Seal) Date: MONROE COUNTY ATTORNEY APPROVED As TO FORM: ROE% . ,%*1. NGER, JR.