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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
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BULK ITEM: DEPARTMENT:
No 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 26, Whispering Pines Plate #4, 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 10,275 square foot lot on Almond Lane on the bay side of Big
Pine Key near mile marker 30. The property is on a canal and has a tier designation of Tier 1
Natural Area, a zoning designation of Improved Subdivision, and vegetation consisting of tropical
hardwood hammock and exotic species. 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 36-inch
increase in sea level, estimates provided by the South Florida Water Management District indicate
approximately 2,000 square feet 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 owner has agreed to sell the property for the price of $45,000. The estimated closing
costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION:
On January 31, 2017 the Committee voted 4/0 to approve
purchasing this property for the price of $45,000.
PREVIOUS RELEVANT BOCC ACTION:
Sitting as the BOCC, the Board has acquired another
conservation property in this subdivision.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval
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DOCUMENTATION:
Lt26
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: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Charles Pattison Completed 02/06/2018 5:25 PM
Kathy Peters Completed 02/06/2018 7:01 PM
Board of County Commissioners Pending 02/21/2018 9:00 AM
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Purchase Title Fees &AttorneyRecordingTotal
PropertyPriceSurveyInsuranceFeeFeeCosts
Lot 26$45,000.00N/A$633.75$475.00$35.50$46,144.25
Whispering Pines Plat #4
Big Pine Key
Seller: Bandon Enterprises, Inc.
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this ______ day of __________________, 2018,by
and between
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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, paidby 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 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:
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2.TheSeller(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 encroachon 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 aforementionedliens, 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, including the bringing of necessary suits, failing which the LAND AUTHORITY
shall have the option of either accepting the title as it then is or rescinding the Agreementherein.
3.The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
saidlands may be diminished or encumberedwhile this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the LAND
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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 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, Monroe 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 LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a
marketabletitle to the said lands of such character as to be satisfactoryto 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
other interests at the price of . The LAND AUTHORITY further agrees that, after the
preparation, execution, anddelivery 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 theSeller(s) the purchase price. 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 thedate 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 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 Agreementshall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
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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 affectedby 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 Agreementshall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this Agreement.
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12. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until to
sign and return this Agreementto 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, failing which the LAND AUTHORITY 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 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 thisAgreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein
provided.
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Seller/
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By:
________________________ ___________ __________________
Signature Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTORin accordance with Resolution 03-2016,has executed this Agreementon
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this ______ day of
______________________, 2018.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
________________________________
Charles G. Pattison, Executive Director
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