04/19/2018 AgreementClerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: April 20, 2018
TO: Kathy Peters, CP
County Attorney's Office
FROM: Pamela G. Hancock, D.C.
SUBJECT: April 19 BOCC Meeting
Attached is an electronic copy of Item P8, Contract for purchase of a lot described as the
West 70 feet of Lot 14, Conch Key Subdivision (PB 2-130) with parcel number 00385780-
000400 for affordable housing, for your handling.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305-294-4641 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
THIS AGREEMENT is made and entered into .this day of �� 20 {7f by
and between
Arthur Monahan, -Linda Monahan, and Andrea Van Buren
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 $165,000.00 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:
The West 70 feet of Lot 14, Conch Key Subdivision (PB 2 -130), more particularly
described in Exhibit A. The rights being conveyed in this transaction include the rights
to three residential dwelling units exempt from the Rate of Growth Ordinance
referenced in the August 7, 2006 letter shown as Exhibit B.
RE# 00386780- 000400
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 specked 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 $165,000.00. 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:
375 Connecticut Street
Ft. -Myers Beach, FL 33931
2
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
COUNTY has signed this Agreement.
12. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until April 3, 2018 to sign
and return this Agreement to the COUNTY. This Agreement may be executed in counterparts.
The parties agree to exercise reasonable and good faith efforts to close the transaction by June
19, 2018. If the transaction has not closed by June 19; 2018, either party may terminate this
Agreement at any time thereafter by providing written notice, at which point the parties shall
release one another of all further obligations under this Agreement. 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/ Arthu Monahan
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S ure Date Phone Number
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Seller/ Linda Monahan
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Signature Date Phone Number
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Seller/ Andrea Van Buren Q.
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Signature Date Phone Number
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Buyer/ COUNTY: MONROE COUNTY, FLORIDA t
h ;tiV KEVIN MADOK, CPA, Clerk Y ,
By ca o o C
- Deputy Clerk David Rice, MKor C::: w "�
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Date:
(Seal)
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EXHIBIT A
The West 70 feet of Lot 14, CONCH KEY SUBDIVISION, according to the Plat
thereof, recorded in Plat Book 2, Page 130, of the Public Records of Monroe County,
Florida. Said parcel of -land being more particularly described as follows, to wit:
At the Point of Beginning commence at a point on the North Right -of -Way line of
South Conch Avenue and the Southwest corner of Lot 14, Conch Key Subdivision,
according to the Plat thereof as recorded in Plat Book 2, Page 130, of the Public
Records of Monroe County, Florida; thence run in a Northerly direction along the
West boundary line of Lot 14 for a distance of 70 feet to the Northwest corner of
said Lot 14; thence proceed at a right angle along the Northern lot line of Lot 14 for
a distance of 70 feet to a point; thence at a right angle and running parallel with the
East lot line of Lot 14, run a distance of 70 feet to a point on the South lot line of Lot
14, and on the North Right -of -way line of South Conch Avenue said point being 70
feet from the Point of Beginning; thence at a right angle proceed in a Westerly
direction along the South lot line of Lot 14 a distance of 70 feet back to the Point of
Beginning.
NOWN 11:11a:
Planning Department
and of County Commissioners
2798 Overseas Highway
Mayor Charles McCoy, Dist. 3
Suite 400
M ayor Pro Tem Dixie Spehar, Dist. 1
Marathon, Florida 33050
Comm. George Neugent, Dist 2
Dist.
Voice: (305) 289 2500
cant, 4
FAX: (305) 289 2536
Comm. Murray Nelson, Dist. 5
County of Monroe
Bo
Va
We strive to be caring, professional and fair
August 7, 2006
Arthur Monahan
375 Connecticut Street
Ft. Myers Beach, FL 33931 / I4 51m '. 3 / s , ��► �
RE: Lot 14, Conch Key (RE: 00385780.000400) Z,[ neit
Mr. Monahan,
You requested a determination as to whether three (3) residential dwelling units may be rebuilt and
exempt from the Residential Rate of Growth Ordinance (ROGO) on the above - described premises.
A review of the records has determined:
• The property is located in a Commercial Fishing Special District (CFSD -16). Detached dwellings
and mobile homes are permitted as a matter of right. Attached dwellings are permitted, provided
that the total floor area of residential uses does not exceed twenty -five (25) percent of the land area
within the Commercial Fishing Area District. Prior to 1986, the property was within a BU -2, Medium
Business District.
• A site visit was conducted by a.Monroe County Planner, Joseph. Haberman, on August 3, 2006.
One (1) single - family detached dwelling and two (2) mobile homes were observed on the property.
There was electric and water service to each of the units.
• The Monroe County Property Appraiser's records show that a residential unit has existed on the tax
roll from 1982 to present. Currently, there are three (3) residential buildings being assessed on the
property, with years built of 1982 (Building 1 — 768 ft' detached dwelling), 1975 (Building 2 —192 ftz
mobile home) and 1975 (Building 3 — 320 ftz mobile home). The property received a homestead
exemption from 1982 to 2005.
• Archived records from the Property Appraiser indicate that there were two (2) mobile homes on the
property in 1977 and include photographs. The two mobile homes present on the property in 1977
appear to be the same mobile homes currently on the property.
• Aerial photography indicates that there were three (3) structures on the site in 1984 and 1989.
• The following Building Permits were found for the property:
Permit Number
Date Issued
Description
052 -6740
12/14/2005
Hook up sewer line from unit
952 -0957
08/29/1995
Re -roof existing buildin
B -6902
03/04/1981
Construction of single-family residence
B -3803
01/12/1979
Replace existing trailer
10640
01/26/1966
Install patio
Lot 14, Conch Key (RE: 00385780.000400)
Page 1 of 2
• Florida Keys Energy Electric Cooperative records indicate that 31 Conch Avenue had two (2)
separate meter accounts on the property from 1975 to 1981. In 1981, a new account was initiated
to service all units on the property and currently remains active.
Based on our review of the records, once all existing structures are.demolished,.three (3) residential
-' -units may be rebuilt conforming to all current Monroe County Codes without going through ROGO;
Pursuant to Monroe County Code Section 9.5-43 you are entitled to rely upon the representations set
forth in this letter as accurate under the regulations currently in effect. Please feel free to contact the
Planning Department at (305) 289 -2500 if you have any questions. ,
Sincerely,
Heather Beckmann Aref Joulani
Principal Planner Senior Director of Planning & Environmental Resources,
Lot 14, Conch Key (RE: 00385780.000400)
Page 2 of 2