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Item T05M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke S y ��� � � I ;�� Mayor Pro Tern David Rice, District 4 ; - = = :' j y Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: T.5 Agenda Item Summary #3526 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 N/A AGENDA ITEM WORDING: Approval of a contract 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. ITEM BACKGROUND: This acquisition is proposed to protect property rights, to reduce density, and to reduce the County's potential liability for takings suits. This property is one of those proposed to be purchased under the County's density reduction initiative. At the request of County staff, the Monroe County Land Authority (MCLA) negotiated the proposed agreement on the Board's behalf pursuant to an interlocal agreement between MCLA and the County. The subject property consists of a 7,950 square foot lot on Bimini Drive on Duck Key. The property is designated Tier 3 — Infill Area, is zoned Improved Subdivision — Masonry, and is in a mowed condition. The property owners have agreed to sell the property for the price of $81,000.00. The estimated closing costs for this transaction will be approximately $1,351.25. Staff has yet to determine how to best maintain the property. Options include staff mowing it or hiring a contractor to mow it. PREVIOUS RELEVANT BOCC ACTION: The Board budgeted funds for purchases which are intended to reduce density and to reduce the County's potential exposure to property rights' related lawsuits through voluntary purchases. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: KirchnerContract KirchnerRECard FINANCIAL IMPACT: Effective Date: November 14, 2017 Expiration Date: None Total Dollar Value of Contract: $81,000.00 plus estimated closing costs of $1,351.25 Total Cost to County: $82,351.25 Current Year Portion: $82,351.25 Budgeted: Yes Source of Funds: 304 Funds infrastructure sales surtax CPI: N/A Indirect Costs: To be determined — mowing and maintenance Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes, will be covered by County's liability policy Additional Details: $81,000.00 plus closing costs estimated to be approximately $1,351.25 None 11/14/17 NEW COST CENTER ADDED $82,351.25 REVIEWED BY: Charles Pattison Completed 10/30/2017 8:35 AM Bob Shillinger Completed 10/30/2017 11:33 AM Budget and Finance Completed 10/30/2017 2:42 PM Maria Slavik Completed 10/30/2017 2:46 PM Kathy Peters Completed 10/30/2017 2:50 PM Board of County Commissioners Pending 11/14/2017 9:00 AM AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of , 2017, by and between Harold Kirchner and Donna Kirchner hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter, "COUNTY "). WITNESSETH: 1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is 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 $81,000.00 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 3, Lot 36, Center Island (PB5 -82) RE# 00379820 - 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 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, including the bringing of necessary suits, failing which the COUNTY shall have the option 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, 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 COUNTY 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 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 $81,000.00. 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(s) 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 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 COUNTY, 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 COUNTY 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 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: 5409 Overseas Highway PMB 120 Marathon, 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 paragraph 6 hereof. 2 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 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/ Harold Kirchner .--- Sig4ature Seller/ Donna Kirchner Signature Buyer/ COUNTY: KEVIN MADOK, CPA, Clerk By: Deputy Clerk (Seal) �z �(4-8�g- -1�e Phone Number MONROE COUNTY, FLORIDA George Neugent, Mayor Date: Od - I7- 10 9 y6- $1 - 1499 Date Phone Number ad- /I - & Date 3 gPublic.net - Monroe County, FL +gPublic.net Monroe County, FL Summary 2017 Parcel ID 00379820 - 000000 Account# 1463515 Property ID 1463515 MillageGroup 500D Location VACANT BIMINI DR, DUCK KEY Address $0 Legal BK 3 LT 36 DUCK KEY CENTER ISLAND SEC 2 PART 1TOMS HARBOR Description PB5-82 OR489-364/366 OR737-320 OR801-1874/1875 OR803- • Market Land Value 1577/1578 OR805 -85/86 OR953- 104Q /C OR1045- 785/JB OR1461- $40,108 2476 OR2236- 1855/56 $42,067 (Note: Not to be used on legal documents) Neighborhood 4720 Property Class VACANT RES (0000) Subdivision CENTER ISLAND Sec/Twp /Rng 16/65/34 Affordable No Housing $40,202 Owner KI RCHNER HAROLD AND DONNA 5409 OVERSEAS HWY PMB 120 MARATHON FL 33050 Valuation Page 1 of 2 T.S.b Sales Sale Date 2017 2016 2015 2014 2012 • Market Improvement Value $0 $0 $0 $0 $0 • MarketMiscValue $0 $0 $0 $0 $0 • Market Land Value $40,148 $40,108 $44,114 $42,067 $40,202 = Just Market Value $40,148 $40,108 $44,114 $42,067 $40,202 = Total Assessed Value $40,148 $40,108 $44,114 $41,867 $40,202 School Exempt Value $0 $0 $0 $0 $0 = School Taxable Value $40,148 $40,108 $44,114 $42,067 $40,202 Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY UNPERMITTED(01DM) 7,950.00 Square Foot 0 0 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 9/5/2006 $150,000 Warranty Deed 2236 1855 Q - Qualified Vacant 5/1/1997 $27,500 Warranty Deed 1461 2476 C - Unqualified Vacant 3/1/1988 $30,000 Warranty Deed 1045 785 Q - Qualified Vacant Photos i ca U W m C t V i r C N E t V ftj r r Q Packet Pg. 1525 https:Hgpublic. schneidercorp. com /Application. aspX ?AppID= 605 &LayerfD= 9946 &PageT... 10/26/2017 gPublic.net - Monroe County, FL Map Page 2 of 2 T..b No data available for the following modules: Buildings, Commercial Buildings, Mobile Home Buildings, Yard Items, Exemptions, Permits, Sketches (click to enlarge). The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its �v responsibi I ity to secure a just va I uation for ad valorem tax purposes of a I I property within the County. The Monroe County Schneider Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the Developed by The Schneider Last Data Upload: 10/26/2017 6:17:08 AM Corporation Packet Pg. 1526 https:Hgpublic. schneidercorp. com /Application. aspx ?AppID= 605 &LayerfD= 9946 &PageT... 10/26/2017