04/19/2018 Contractf,� g a t
Clerk of the Circuit Court & Comptroller c Monroe County, Florida
DATE: May 30, 2018
TO: Kathy Peters, CP
County Attorney's Office
FROM: Pamela G. Hancock, D.C.
SUBJECT: April 19 BOCC Meeting
Attached are four Vacant Land Contracts with Florida Keys Community Land Trust, Inc.,
listed below, that were approved at the April 19' BOCC Meeting as Item M2, for vour handling.
31462 Avenue E, Big Pine Kev
31438 Avenue E, Big Pine Kev
31319 Avenue D, Big Pine Kev
31171 Avenue D, Big Pine Kev
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: Land Authority_
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
PKlROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 -852 -7145
FILED FOR RECORD
?018 MAY 30 Ali 8: to -•
Vacant Land Contract
CLERK CiR. G.T.
tl0f'4R COUNTY, FL
1. Sale and Purchase: FLORIDA KEYS COMMUNITY LAND TRUST INC ("Seller")
2 and MONROE COUNTY, Florida. a po itica subdivision ( "Buyer ")
(the "parties") agree to sell and buy on the terms and conditions specified below the property ( "Property ")
4 described as
s• Address 31438 Avenue E. Big Pine Key. FL 33043
Legal Description BK 32 LT 15 SANDS SUB P61 -65 BIG PINE KEY OR498 -510 OR659 -164 OR1282- 1AFF /DC
OR1282 -2/3 OR1507 -1358 OR2829- 1256/57 OR2886- 1138139
n
t 1 • SEC _!TWP /RNG ^ of County Florida Real Property ID No 00304320- 000000
12 including all improvements existing on the Property ano the following additional property
13 _
14• 2. Purchase Price: (U S currency) S 99.999 00
15 All deposits will be made payable to "Escrow Agent" named below and held in escrow by.
t6• Escrow Agent s Name Smith Hawks. PL
Escrow Agent's Contact Person Bryan Hawks
18• Escrow Agent's Address 538 Sim_ on Street _
9• Escrow Agent s Phone
2e• Escrow Agent s Email
bryan @smlthhawks.com
1 (a) tndW deposit (SO if left bla0) (Check if applicable)
22• accompanies offer
23• .: will be delivered to Escrow Ar within Gays (a days it left uianki
24• after Effective Date .. . —... ..... ... 5 0.00
2 (b) Additional deposit will be delivered to Escrov: Agent (Check if applicable)
26• ❑ within days (10 days if left blank) after Effective Date
27. T_.' within days (3 days if left blank) after expiration of Feasibility Study Period .
28• (c) Total Financing (see Paragraph 5) (express as a dollar amount or ;.ercentage)
29• (d) Other. g
;ire (e) Balance to close (not including Buyer's closing costs, prepaid items, and ororations)
31• to be paid at closing by wire transfer or other Collected funds S 99 00
(fl (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price ) The
33• unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ other (specify):
34• prorating areas of less than a full unit The purchase price will be S per unit based on a
35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in
36 accordance with Paragraph 7(c The following rights of way. and other areas will be excluded from the
calculatio
3. Time for Acceptance: Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy
c9• delivered to all parties on or before this offer will be withdrawn and Buyer's deposit, if
40 any. will be returned The time for acceptance of any counter offer will be 3 days after the date the counter offer is
t delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer
42 has signed or initialed and delivered this offer or the final counter offer.
431 4. Closing Date: This transaction will close on see Additional Terms ("Closing Date"). unless specifically
44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including,
-5 but not limited to. Financing and Feasibility Study periods However, if the Closing Date occurs on a Saturday.
4r, Sunday. or national legal holiday. it will extend to 5.00 p m (where the Property is located) of the next business
47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property
n insurance Buyer may postpone closing for up to 5 dsys after the insurance unde; suspension �s !gifted. If
49 this transaction does not close for any reason. Buyer will immediately return al! Seller provided documents and
5e other items
6uyer�A `i i_; and Seller — „ ac�now�edge lece pt of a cocy of this page v;r ch s 1 0l i pages
_ <.:e:b 091; �2.2001523888d9i
i Financing: (Check as applicable) :
52• (a) L Buyer will pay cash for the Property With no financing contingency
53- (b) El This contract 1s contingent on Buyer qualifying for and obtaining the commitment(s) or approvals)
5;- specified below ( "Financing ") within days after Effective Date (Closing Date or 30 days after Effective
55 Date, whichever occurs first. if left blank) ( "Financing Period "). Buyer will apply for Financing within
6 gays after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial.
57 and other information required by the lender, If Buyer after using diligence and good faith. cannot obtain the
sa Financing within the Financing Period. either party may terminate this contract and Buyer's deposits) will be
5S returned
so• (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for S _
c: � • or % of the purchase price at (Check one) [' a fired rate not exceeding _ % ❑ an
62• adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate
63 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully
c.a informed of the loan application status and progress and authorizes the lender or mortgage broker to
65 disclose all such information to Seller and Broker.
�• (2) _s Seller Financing: Buyer will execute a n first LJ second purchase money note and mortgage to
67 • Seller in the amount of S bearing annual interest at % and payable as
a8• follows
69 The r ;ortgage, note, and any security agreement will be in a form acceptable to Seller and will follow
io forms generally accepted in the county where the Property is located will provide for a late payment fee
Ti and acceleration at the mortgagees option if Buyer defaults: will give Buyer the right to prepay without
72 penalty all or part of the principal at any time(s) with interest only to date of payment. will be due on
73 conveyance or sale, will provide for release of contiguous parcels. if applicable; and will require Buyer to
a keep liability insurance on the Property. with Seller as additional named insured Buyer authorizes Seller
75 to obtain credit, employment, and other necessary information to determine creditworthiness for the
6 financing Seller will withw, 10 days after Effective Date. give Buyer written notice of whether or not
Seller will make the loan.
+'8• (3) a Mortgage Assumption: Buyer will take title suc;ect to and assume and pay existing first mortgage to
80- Ltd# in the approximate amount of S currently payable at
ar• S per month. including principal. interest. _ taxes and insurance. and having a
82• LE fixed Eother iciescriCe;
n?• interest rate of % which ❑ will ❑ will not escalate upon assumption Any variance in the
e (nortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will
85- purchase Seller's escrow account dollar for dollar If the interest rate upon transfer exceeds % or
86- the assumption /transfer fee exceeds S . either party may elect to pay the excess,
a; failing which this contract will terminate. and Buyer's deposits) will be returned If the lender disapproves
88 Buyer this contract will terminate and Buyer's deposit(s) will be returned
8S- ii. Assignability: (Check one Buyer i_]ima assign and thereby be released from ^ any further liability under this
90• contract. _! may assign but not be released from liability under this contract. or ,_O may not assign this contract
91 i. Title: Seller has the legal capacity to and will convey marketable title to the Property by ❑ statutory warranty
92• deed special warranty deed ❑ other (specify) . free of liens. easements.
< and encumbrances of record w 1:nown to Seller. but subject to property taxes for the year of closing, covenants.
91 restrictions. and public utility easements of record, existing zoning and governmental regulations, and (list any
95• other matters to which title will be subject)
gr, provided there exists at closing no violation of the foregoing
97 (a) Title Evidence: The party who pays for the owners title insurance policy will select the closing agent and
98 pay for the title search, including tax and Tien search if performed. and all other fees charged by closing agent
99 Seller will deliver to Buyer. at
100• (Check one) G' Seller's D Buyer's expense and
i01• (Check one) E%vwithin 3 days after Effective Date I_ at Teas€ days before Closing Date.
102 (Check one)
(1 `x a title insurance cor?imtment by a Florida licensed title insurer sernng forth those matters to be
?oa ruischarged by Seller a; or before closing and. upon Buyer recording the deed. an owner's policy in the
ion. amount of the purchase price for fee simple title subject only to the exceptions stated above If Buyer is
ioE paying for the owner s title insurance policy and Seller has art owner s policy Seller wil? deliver a copy to
10? Buyer within 15 days after Effective Date
t3uye 1 1!r 1_ i and Seiie �"" a6nowieoge receir %t o± a cop of li'ns page ..h,6: s 2 of 7 pages
r .* e
• a
091742-2001162 1888197
1 • '2) _an abstract of titre prepared or brought current -by -an existing abstract firm or certified as correct by an
109 existing firm. However if such an abstract is not available to Seller, then a prior owner's title policy
10 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy
11 will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy
1 12 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents
113 recited in the prior policy and in the update if such a� abstract or prior polio; is not available to Seller
114 then (1) above will be the title evidence.
115- (b) Title Examination: After receipt of the title evidence. Buyer will, within 2 days (10 days if left blank)
1 .6 ;wt no later than Closing Date. deliver written notice to Seller of title defects. Title will be deemed acceptable
:17 to Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and
.18• Seller cures the defects within 10 days (30 days if left blank) ( "Cure Period ") after receipt of the notice. If
119 the defects are cured within the Cure Period closing will occur within 10 days after receipt by Buyer of notice
120 of such cure Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured
;21 within the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after
122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept
123 title subject to existing defects and close the transaction without reduction in purchase price
:24 (c; Survey: Buyer may. at Buyer's expense. have the Property surveyed and must deliver written notice to
125 Seller.. within 5 days after receiving survey but not later than 5 days before Closing Date, of any
126 encroachments on the Property, encroachments by the Property s improvements on other lands, or deed
127 restriction or zoning 'violations Any such encroachment or violation will be treated in the same manner as a
125 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 7(b)
129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress
130 B. Property Condition: Seller wit. deriver 'he Proper;; to Buyer at closing in its present "as is" , ' ondition, :; itth
131 conditions resulting from Buyer's Inspections and casualty damage. if any excepted. Seller will not engage in or
132 :permit any activity that would materially alter the Property's condition without the Buyer's prior written consent.
.33 (a) Inspections: (Check (1) or (2))
134 ;1 ) ( Feasibility Study: Buyer will. at Buyer's expense and within days (30 days if left blank)
135 i 'FeasibiNy Study Penod") afte effective Date and in Buyer's soie and absolute discretion. determine
!36 :whether the Property is suitable for Buyer's intended use During the Feasibility Study Period. Buyer
i37 may conduct a Phase 1 environmental assessment and any other tests, analyses surveys, and
I5 investigations ( "Inspections ") that Buyer deems necessary to determine to Buyer's satisfaction the
139 Property's engineering. architectural, and environmental properties. zoning and zoning restrictions,
14t! subdivision statutes. soil and grade: availability of access to public roads. water. and other utilities:
141 consistency with local, state, and regional growth management plans, availability of permits. governmeni
142 approvals. and licenses. and other inspections that Buyer deems appropriate. If the Properly must be
14;; rezoned. Buyer will obtain the rezoning from the appropriate government agencies Seller will sign all
:44 documents Buyer is required to file in connection with development or rezoning approvals Seller gives
145 Buyer. its agents. contractors. and assigns. the right to enter the Property at any time during the
145 Feasibility Study Period for the purpose of conducting Inspections. provided. however, that Buyer, its
147 agents. contractors. and assigns enter the Property and conduct Inspections at their own risk. Buyer will
148 indemnify and hold Seller harmless from losses, damages. costs claims and expenses of any nature.
149 mcluding attorneys' fees, expenses. and liability incurred in application for rezoning or related
150 proceedings. and from liability to any person, arising from the conduct of any and all Inspections or any
T51 work authorized by Buyer Buyer will not engage in any activity that could result in a construction lien
e52 being filed against the Property without Seller's prior written consent If this transaction does not close.
53 Buyer will. at Buyer's expense. (i) repair all damages to the Property resulting from the Inspections and
154 return the Property to the condition it was in before conducting the Inspections and (ii) release to Seller
55 at; reports and other work generated as a result of the Inspections
•156 Before expiration of the Feasibility Study Period. Buyer must deriver written notice to Seller of Buyer's
157 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice
158 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is"
r5�z condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to
16u Seller, this contract .vifl be deen-ied terminated and Buyer's deposits) will be returned
.61• (2) `x Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes. including
:62 oeing satisfied that either public sewerage and water are available to the Property or the Property wilt be
163 approved for the installation of a well and/or private sewerage disposal system and that existing zoning
Buye i_ i ana Sever "_ ! i.�: acknowledge receipt of a c,py o: th s •.;ace wniu: is 3 of 7 pages
_,,e+e 091742.200152.3888497
1F,� and other pertinent regulations and restrictions. such as subdivision or deed restrictions, concurrency,
65 growth management. and environmental conditions, are acceptable to Buyer. This contract is not
=66 contingent on Buyer conducting any further investigations.
67 I.
(_ ; , 1 Government Regulations: Changes in government regulations and levels of service wttich affect Buyer's
168 intended use of the Property -will not be grounds for terminating this contract if the Feasibility Study Period has
169 expired or if Paragraph 8(a)(2) is selected
170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government
1 71 agencies which flood zone the Property is in, whether flood insurance is required. and what restrictions apply
172 to improving the Property and rebuilding in the event of casualty
173 (d) Coastal Construction Control Line ( "CCCL "): If any part of the Property lies seaward of the CCCL as
174 defined in Section 161.053 Florida Statutes. Seller will provide Buyer with an affidavit or survey as required
175 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The
776 Property being purchased may be subject to coastal erosion and to federal. state. or local regulations that
77 govern coastal property, including delineation of the CCCL, rigid coastal protection structures. beach
i78 nourishment, and the protection of marine turtles Additional information can be obtained from the Florida
179 Department of Environmental Protection including whether there are significant erosion conditions associated
180 :; the shore line of the Property being purchased
'81• h1 Buyer waives the right to receive a CCCL affidavit or survey
182 9. Closing Procedure; Costs: Closing will 'lake place in the county where the Property is located and may be
183 conducted by mail or electronic means If title insurance insures Buyer for title defects arising between the title
:84 binder effective date ano recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds
185 to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to
86 Broker as per Paragraph 19 !n ::_icti'io + to other expenses provided in this contract. Seller and Buyer vviff pay the
187 costs indicated below
84 (a) Seller Costs:
!as 'axes on deed
190 Recording fees for documents needed to cure title
19 t Title evidence (if applicable uncer Paragraph 7)
92 Other
153 (1)) Buyer Costs:
'94 Taxes and recording fees on notes and mortgages
1;1 Recording fees on the deed ano financing statements
tss Loan expenses
197 Title evidence (if appitcabie sander Paragrapi?. 7)
tie Lender's title policy at the simultaneous issue rate
1 19S Inspections
200 Survey
201 Insurance
202• Other.
203 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real
204 estate taxes (including special benefit tax liens imposed by a CDD), interest bonds assessments leases
"05 and other Property expenses and revenues If taxes and assessments for the current year cannot be
206 determined, the previous year's rates will be used with adjustment for any exemptions
207 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body. Seller
208 will pay (i) the full amount of liens that are certified confirmed. and ratified before closing and (ii) the amount
209 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but
2.10 has not resulted in a lien before closing: and Buyer will pay all other amounts If special assessments may be
_t 1. paid in installments. E- Seller :xi Buyer (Buyer if left blank) will pay installments due after closing If Seller is
ate checked. Seller will pay the assessment in full before or at the time of closing Public body does not include a
213 Homeowners' or Condominium Association.
214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
t5 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO
116 PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY
t? `MPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN
?18 HIGHER PROPERTY TAXES IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION CONTACT
219 THE COUNTY PROPERTY APPRAISER S OFFICE FOR FURTHER INFORMATION
Buyer' `'t_': a;'C Se1Ae. W V ; i acknowiedge receipt of a copy of t "rs page which is 4 of -pages
�. (JJ v5•t
:.•a :� 091743.200152- 3860497
'220 (f Foreign Investment in Real Property Tax Act ("FIRPTA "): ;; Seller is a "foreign person" as defined Py
221 FIRPTA. Seller and Buyer wi' +l comply with FIRPTA %,loch may require Seller to provide additional cash at
222 closing
222 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with
224 closing or after) under Section 1031 of the Internal Revenue Code ( "Exchange "). the other party will
22- cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided
226 however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing
, 271 will not be contingent upon. extended or delayed by the Exchange
.28 10. Computation of Time: Calendar days will be used when computing time periods. except time periods of 5 days
r•r less Time periods of 5 days or less will be computed without including Saturday. Sunday, or rational legal
230 holidays specified in 5 U S C 6103(a) nny time period ending on a Saturday. Sunday. or national legal holiday
231 twill extend until 5:00 p m (where the Property is located) of the next business day Time is of the essence in
X32 this contract.
233 11. Risk of Loss: Eminent Domain: if any portion of the Property is s ? :aterialiy damaged by casualty before hosing
234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain
235 proceedings or an eminent domain proceeding is initiated Seller will promptly inform Buyer. Either party may
c36 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification
237 and Buyer's deposit(s) will be returned. failing which Buyer will close in accordance with this contract and
receive all payments made by the governmental authority or insurance company if any
_ 12. Force Majeure: Seller or Buyer will not be req.nred to perform any obligation under this contract or be liable to
40 each other for damages so long as th , perfom�ance or non- performance of the obligation is delayed. caused. or
24 prevented by an act of God or force majeure. An "act of God or "force maleure" is defined as hurricanes.
242 earthquakes, floods fire. unusual transportation delays wars. insurrections, and any other cause not reasonably
243 vmhin the control of Seller or Buyer and which by the exercise of due diligence the non - performing party is
244 unable in whole or in part to prevent or overcome. All time periods. including Closing Date. will be extended for
24F the per o that the act of God or force rrajeure is in place However, in the event that such act of God or force
246 maleure event continues beyond 30 days ether party may terrninate this contract by delivering written notice to
247 the other and Buyer's depositis) will be returned
24 t; 13. Notices: All notices wit+ ce in writing and delivered to the parties and Broker cy mail, personal delivery, or
249 electronic means Buyer's failure to timely deliver written notice to Seller. when such notice is required by
250 this contract, regarding any contingency will render that contingency null and void, and this contract will
251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received
252 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if
253 delivered to or received by that party.
254 14. Complete Agreement; Persons Bound: This contract is the entire agreement between Seller and Buyer
255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker
unless incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed
257 or initialed and delivered by the party to be bound. Electronic signatures will be acceptable and binding This
258 contract. signatures. Initials, documents referenced in this contract, counterparts and written modifications
25� communicated eiectronically or on paper will be acceptable for all purposes including delivery. and will be
260 binding Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If
261 any provision of this contract is or becomes invalid or unenforceable. all remaining provisions will continue to be
262 fully effective Seller and Buyer will use diligence and good faith in performing all obligations under this contract
263 This contract will not be recorded in any public record The terms "Seller " "Buyer " and "Broker" may be singular
2C141 or plural. This contract is binding on the heirs. administrators executors, Personal representatives, and assigns. if
255 permitted. of Seller. Buyer, and Broker
266 15. Default and Dispute Resolution: i his contract will be construed under Florida taw. This Paragraph will survive
267 closing or termination of this contract
258 (a) Seller Default: If Seller fails. neg�'ects o. ref,ises to pe crm Seller's ab•Iigat'cns under *his contrac -,, Buyer
269 may elect to receive a return of Buyer's ceposit(s) without thereby waiving any action for damages resulting
170 from Seller's breach and may seek to recover such damages or seek specific performance Seller will also
2% ce ;t:= ,,; for the full a icunt or the brokerage tee
buy and Selle v i 11 acknowleaae receipt or a co ;.) �;! 0 page wh & is 5 -J i rages
vAC•' FPV r, �- -- , :.2C-'" c or•ca sexToro-
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09 1742 200153888497
272 (h) Buyer Default: if Buyer fans. neglects, or refuses to perorm Buyer's obligattons under this contract
273 including payment of deposit(s), within the time(s) specified. Seller may elect to recover and retain the
274 deposits). paid and agreed to be paid for the account of Seller as agreed upon liquidated damages.
275 consideration for execution of this contract. and in full settlement of any claims. whereupon Seller and Buyer
276 be relieved from all further obligations under this contract: or Seller at Seller's option may proceed in
2 eQtl +ty to enforce Seller's rig'ht's under °his contras!
276 16. Attorney's Fees; Costs: In any litigation permitted by this Contract. we prevailing party shall be entitled to
27`, recover'rcm, the r,on- preva!!,r,g party Gusts and fees. inicluding reasonable attorney's fees :recurred in conducting
280 the litigation. This Paragraph 16 shall survive Closing or termination of this Contract.
2,11 17. Escrow Agent; Closing Agent: Seller and Buyer auu , .orize Escrow: Agent and closing agent (coliective�y
262 "Agent ") to receive. deposit, and hold funds and other items in escrow and. subject to Collection, disburse them
83 .:pon proper authorization and in accordance with Florida law and the terms of this contract including disbursing
8a rokerage fees Collection" or "Collected" means any checks tendered or received have become actually and
285 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any
286 cerson `or misde &very of escrowed items to Seller or Buyer. unless the misdeiivery is due to Agent's wi;iful
2 7 breach of this contract or gross negligence If Agent ihterpleads the subject matter of the escrow. Agent will pay
28? the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the
299 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party
8. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verity a!1 facts and representations
that are important to them and to consult an appropriate professional for legal advice (for example. interpreting
S2 :his contract. determining the effect of laws on the Property and this transaction, status of title. foreign investor
293 eporting requirements the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax
294 .roperty condition, environmental, and other specialized advice Buyer acknowledges that Broker does not reside
2t�5 in the Property and that all representations (orai written or otherwise) by Broker are based on Seller
296 representations or public records Buyer agrees to rely solely on Seller, professional inspectors, and
297 government agencies for verification of the Property condition and facts that materially affect Property
2 1� value. Seiler and Buyer respectively will pay all costs and expenses. including reasonable attorneys fees at all
289 levels incurred by Broker and Brokers officers. directors agents. and employees in connection with or arising
309 from Seller's or Buyer's misstatement or failure to perfor7 contf actual obligations Seller and Buyer hold
301 harmless and release Broker and Brokers officers. directors. agents. and employees from all liability for loss or
302 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations (ii) the use or
303 , splay of listing data by third parties, including :rut not limited to, photographs, images. graphics. video
304 recordings. virtual tours. drawings written descriptions and remarks related to the Property. (iii) Broker's
305 performance. at Seller's or Buyer's request. of any task beyond the scope of services regulated by Chapter 475
306 Florida Statutes as amended including Brokers referral recommendation or retention of any vendor (iv)
30? products or services provided by any vendor and (v) expenses incurred by any vendor Seller and Buyer each
30� assume full responsibility for selecting and compensating their respective vendors This Paragraph wi'.I not relieve
3os Broker of statutory obligations For purposes of this Paragraph Broker will be treated as a party to this contract
310 This Paragraph twill survive closing
311 19. Commercial Real Estate Sales Commission Lien Act: if the Property is commercial real estate as defined by
312 Section Z75 7C Florida Statutes. the followino disclosure will apply he Florida Commercial Real Estate Sales
Commission Lien Act provides that when a broker has earned a commission by performing licensed services
a1a under a brokerage agreement with you. the broker may claim a lien against your net sales proceeds for the
broltcr 5 cOiilntlj5,pri The broker s hell rights under the act cannot be waived before the cornmis57on is earned
its 20. Brokers: The brokers named below are col(ectiveiy referred to as 'Broker Instruction to closing agent:
31; Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in
318 separate brokerage agreements with the parties and cooperative agreements between the Brokers except to the
319 extent Broker has retained such fees from the escrowed funds This Paragraph will not be used to modify cry
320 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker
321 • (a) NONE
(Seller's Broker)
''.22• will be co+lrflensated by + [ Buyer ❑ both parties :ursuant to F.]a listing agreement Oothei
32 3• (specify)
?24. {b; �NIONE (Buyer's Broker)
325 will be compensated by O Seller r_ Buyer O both parties O Seller's Broker pursuant to O a MLS offer of
326 compensation :other )
er / (specify
Buye t_ _ _ t_ ar. ' SeFei r �" _ acs �Ow ecge recent os
t of a y Of this ;:age -inid �s i, o! 7 , paaes
"ev
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327
328
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332
°3
34
336
337
338
'139
340
3.411
342
7.1
21. Additional Terms: Ciosing snail occur on t e Bate which is Fifteen ( days ioiiowing the Effective Date
ZC. /( 8
349• EI Seiler counters Buyer's offer ito accept t ^e counter - offer Buver must sign of initial the counter - offered temrts and
34S deliver a copy of the acceptance to Seller)
346 LJ Seller rejects Buyer's offer
?4 - This is intended to be a legally binding contract. 1 ri fu d, seek the advice of an attorney before
Ld Ric Date
)f County Commissioners of Monroe County, FL
Ke� 7 iR Madok Clerk Daze 19 �r8
-- 1
354•
355.
3-%
357'
35y•
36C
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363-
364
vepury - uierK
cress for purpose a notice
1100 Simonton Street, Suite #205, Key West, FL 33040
COUNTER - OFF ERlREJECTION
~'tone (30 292 - 4443 Fax (305) 292 - 4554 Emaii . _ V ,
Seller: Date. S 29 g
1
Print name . rAqi�.tq AIM, '/ V
Seller:
Print name
Seller's address for purpose of notlCE
Address
Pnone.
V ecTo (
F
Ema+t
Dale
Effective bate: (The date on which the last party signed or initialed and delivered the
final offer or counter offer.)
�rof:da RE ORS' ma.es no representation as to are ,ega, vatid:ry u+ adeuuacy Or ar: pro:,5,on or the form in any spe i::c tratisactkn 7 ri; standardized iorm snou,c nor
be used in Comple + tranSaLtiods 07 n11h eefen5.ve riders v add.t:0!+s Th,s form -5 available for use by the enure re& estate rndttsiq and i5 not intended to identify the-user as
EALTOR' QE4'_T0R' ;'s a :ec ;erect coileclive n,errbe'sh;c mam wn cn may to used only W rea; estate licen who are rnernbets o' the NAT-ONAL ASSOCIATION Oe
REALTORS' and V+^o sunsuioe fo its Cooe of E!•::, 7 copyn ^t +am ct I :rtteo States 1 if S Code: forbro the unauthorized rec'odua•on of this foam by any meant:
:ndud,na facs,mrte a comcutenzeo .,, rite
fsuye _ and Seder n" : ac,.i owieoge receipt of a copy ct tnis page w:1 cn is i of % gages
...v 0917 SUR'_s E'
Further con ditio n to lease shall be that Seller /Lessee agree to construct on site at Its own expense one unit of residen
housing to be subtantially completed and ready for occupancy not later than 180 days following lease commencemen
unless said date is extended by mutual greement of the nar'tes Failure to meet such deadline shall be a material bread
of lease and r
1 suc
p�c1�y
Se
r`L'ti. - T. G Sn.i r !t -.:G C .•1I -vr { ' I 1- I I - - _ - _ - _ I�IrG
_.. �s y7 'Cr' F a �1 4d ttirr Ta:' c Sr�!3itVc GICS!rr _ _ _
Addendum to Contract
Addendum No 1 to tre Contract wro the Effective Date of beween
FLORIDA KEYS COMMUNITY LAND TRUST INC (Seller)
and MONROE COUNTY FLORIDA. A POLITICAL SUBDIVISION (Buyer)
concern;nq the property described as 31438 Avenue E Big Pine Key. FL 33043
(the 'Coctract''. Seiler and Fuyer mare the fol:owing?erms and conditions part of the Contract
I he 10HOV"Ing Sn8 !D° ILIMIOr "AJoitional I errns'uncler Section 21 of the Gontraci
1 T+ie-yeeffeM�rii t
e') L SL�'�t r ..�f r r f «.'fit .:., �: x�a s = =� Tc a� ems= _ Ot"MIS!eM ;, of
the re
3 ) At the end of the 99 years !ease or earlier te! as provided for under the lease all imProvements sh@4 remain
on he., and become the property of the CountylBuyer ,
-4) 77- he- C ' " YeA— lease _.%;1411 bet rizne&vaJv1e- -ft 7- ' e nO rl l V O4C4 "� 1 #1 —47
Andor the-
5) The lease shall contain the following term: "The Property may only be subleased to occupants qualifying (1) for employee housing
under the County Code and (2) as low income under the HUD guidelines."
EY
AS!SI!S�T!���C A770 �NE
Date ,91LINT
1 UI?
-, - 4— 1
— — 3— —,
Mayor David Rice, Board of County Commissioners ; �--, m
13LI
-cif--Monr.o-e—Co-unVy-,—FT.
Seiler k 4f" Date. A —2-9 I I%
Seiler
Date
,:v D805D 7.7CD 752 M1319995