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
Vacant Land Contract
1.
2•
3
4
5•
6.
7
s
9
10
11►
12•
13
1. Sale and Purchase:
and
(the "parties ") agree to
descnbea as:
Address:
Legal Description:
OR2887- 2251 -53
FILED F OR RECORD
2018 MAY 30 AR 8: 4
CLF' t R:
nd buy on the terms and con
31319 Avenue
r
, r. Florida Realtors-
LAND TRUST INC. ( "Seller")
n a, a o ittc su vision ( "Buyer ")
ified below the property ( "Property")
Pine Key, FL 33043
SEC _/TWP _ /RNG _ of County, Florida. Real Property ID No.:
including all improvements existing on the Property and the following additional property:
14• 2.
15
16+
17•
16•
19•
2 0•
Purchase Price: (U.S. currency) ......................................... ............................... ................ ........ $ 99,999.99
All deposits will be made payable to "Escrow Agent" named below and held in escrow by:
Escrow Agent's Name: Smith Hawks, PL
Escrow Agent's Contact Person: Bryan Hawks
Escrow Agent's Address: 1W Simonton Street—
Escrow Agent's Phone: (305) 296-7227
Escrow Agent's Email: bryanesmithhaWKS.COM
21 (a) Initial deposit ($0 if left blank) (Check if applicable)
22• ❑ accompanies offer
23• ❑ will be delivered to Escrow Agent within days (3 days if left blank)
24• after Effective Date $ 0.00
25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable)
26• ❑ within days (10 days if left blank) after Effective Date
27• ❑ 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 percentage) ..................
29• (d) Other. $
30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations)
31• to be paid at closing by wire transfer or other Collected funds ............................................. $ 99,999.99
32• (f) ❑ (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 $ 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
37• calculation:
38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy
39• 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
41 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.
43• 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,
45 but not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday,
46 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
48 insurance, Buyer may postpone closing for up to 5 days after the Insurance underwriting suspension is lifted. If
49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and
50 other items.
Buye �� and Seller (r C acknowledge receipt of a copy of this page, which is 1 of 7 pages.
VAG11 Yt ev8h7 02017 Florida Realtors
serb* 005502-400152 -3604ii!
101 ill sill 1pi wit �'
51 b. Financing: (Check as applicable)
52• (a) O Buyer will pay cash for the PropertY -with no financing contingency.
53• (b) O This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s)
54• 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
56 days 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
58 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be
59 returned.
60. (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $
61• or % of the purchase price at (Check one) Oa fixed rate not exceeding % O 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
64 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.
ss• (2) ❑ Seller Financing: Buyer will execute a ❑ first 0second purchase money note and mortgage to
87+ Seller in the amount of $ , bearing annual interest at % and payable as
se• follows:
69 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow
70 forms generally accepted in the county where the Property is located; will provide for a late payment fee
71 and acceleration at the mortgagee's 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
74 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
76 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not
77 Seller will make the loan.
78= (3) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to
79•
80• LN# in the approximate amount of $ currently payable at
81• $. per month, including principal, interest, O taxes and insurance, and having a
82• ❑ fixed ❑ other (describe)
83+ interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the
84 mortgage 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
8s- the assumption/transfer fee exceeds $ , either party may elect to pay the excess,
87 failing which this contract will terminate; and Buyer's deposit(s) will be retumed. If the lender disapproves
88 Buyer, this contract will terminate; and Buyer's deposit(s) will be returned.
89• 6. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this
9o. contract, ❑ may assign but not be released from liability under this contract, or ❑ may not assign this contract.
91. 7. 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,
93 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants,
94 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any
95• other matters to which title will be subject)
96 provided there exists at closing no violation of the foregoing.
97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and
98 pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent.
99 Seller will deliver to Buyer, at
100• (Check one) 0 Seller's O Buyer's expense and
101• (Check one) ❑x within K 3 days after Effective Date ❑ at least days before Closing Date,
102 (Check one)
103• (1) 91 a title insurance commitment by a Florida licensed title insurer setting forth those matters to be
104 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the
105 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is
106 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to
107 Buyer within 15 days after Effective Date.
Buy r U and Seller (�''" ) (__J acknowledge receipt of a copy of this page, which is 2 of 7 pages.
VAC-11 Rev 6117 02017 Florida Realtor9t
sedalk COSM400152. 3894995
108• (2) Dan abstract of title, 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
110 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy
111 will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy
112 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 an abstract or prior policy 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)
116 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable
117 to Buyer if (1) Buyer fails to deliver proper notice of defects or (11) Buyer delivers proper written notice and
118- 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
121 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.
124 (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
128 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 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with
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.
133 (a) Inspections: (Check (1) or (2))
134. (1) D Feasibility Study: Buyer will, at Buyer's expense and within days (30 days if left blank)
135 ( "Feasibility Study Period ") after Effective Date and in Buyer's sole and absolute discretion, determine
136 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer
137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and
138 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;
140 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, government
142 approvals, and licenses; and other inspections that Buyer deems appropriate. If the Property must be
143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all
144 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
146 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
146 indemnify and hold Seller harmless from losses, damages, costs, claims,, and expenses of any nature,
149 including attomeys' 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
151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien
152 being filed against the Property without Seller's prior written consent. If this transaction does not close,
153 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
155 all reports and other work generated as a result of the Inspections.
156 Before expiration of the Feasibility Study Period, Buyer must deliver 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"
159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to
160 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned.
161- (2) [@ No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including
162 being satisfied that either public sewerage and water are available to the Property or the Property will be
163 approved for the installation of a well and/or private sewerage disposal system and that existing zoning
Buye ( R L__) and Seller L acknowledge receipt of a copy of this page, which is 3 of 7 pages.
VAC- 11 02017 Florida Reeltore$
seriabkh oossea000ls2ass s 4
161 ins 1 I l ;, )11 C it y
164 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency,
165 growth management, and environmental conditions, are acceptable to Buyer. This contract is not
166 contingent on Buyer conducting any further investigations.
167 (b) Government Regulations: Changes in government regulations and levels of service which 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
171 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
176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that
177 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach
178 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 with the shore line of the Property being purchased.
181 - IR Buyer waives the right to receive a CCCL affidavit or survey.
182 9. Closing Procedure; Costs: Closing will take 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
184 binder effective date and 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
186 Broker as per Paragraph 19. In addition to other expenses provided in this contract, Seller and Buyer will pay the
187 costs indicated below.
188 (a) Seller Costs:
189 Taxes on deed
190 Recording fees for documents needed to cure title
191 Title evidence (if applicable under Paragraph 7)
192- Other:
193 (b) Buyer Costs:
194 Taxes and recording fees on notes and mortgages
195 Recording fees on the deed and financing statements
196 Loan expenses
197 Title evidence (if applicable under Paragraph 7)
198 Lender's title policy at the simultaneous issue rate
199 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,
205 and other Property expenses and revenues. If taxes and assessments for the current year cannot be
gas 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 (f) the full amount of liens that are certified, confirmed, and ratified before closing and (!I) the amount
209 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but
210 has not resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be
211- paid in installments, ❑ Seller ❑ Buyer (Buyer if left blank) will pay installments due after closing. If Seller is
212 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
215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO
216 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY
217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN
218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT
219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION.
Buye� (-_) and Seller � (_ 1 acknowledge recelpt of a copy
VAC -11 Rey 6/17 pag
of this page, which Is 4 of 7 es.
®2017 Florida Realtorae
sene�: 003582-909152-304335
Jc }I'T13 `IT)li ?)li'tiv
220 (f) Foreign Investment in Real Property Tax Act ( "FIRPTA "): If Seller is a "foreign person" as defined by
221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at
222 closing.
223 (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
225 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
227 will not be contingent upon, extended, or delayed by the Exchange.
228 10. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days
229 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal
230 holidays specified in 5 U.S.C. 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday
231 will extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in
232 this contract
233 11. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing
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
236 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
238 receive all payments made by the governmental authority or insurance company, if any.
239 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to
240 each other for damages so long as the performance or non - performance of the obligation is delayed, caused, or
241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes,
242 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably
243 within 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
245 the period that the act of God or force majeure is in place. However, in the event that such act of God or force
246 majeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to
247 the other; and Buyer's deposit(s) will be returned.
248 13. Notices: All notices will be in writing and delivered to the parties and Broker by 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
256 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
259 communicated electronically 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
264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, If
265 permitted, of Seller, Buyer, and Broker.
266 1S. Default and Dispute Resolution: This contract will be construed under Florida law. This Paragraph will survive
267 closing or termination of this contract.
268 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer
269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting
270 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also
271 be liable for the full amount of the brokerage fee.
Buyerl(f�"t l—� and Seller � u acknowledge receipt of a copy of this page, which is 5 of 7 pages.
VAC -11 .1 16N7 02017 Florida Realtors
seda* ousse2- 9001s24us~sas
101 ti 1113)) 1 t i IN
272 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract,
273 including payment of deposits), within the time(s) specified, Seller may elect to recover and retain the
274 . deposit(s), 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 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in
277 equity to enforce Seller's rights under this contract.
278 16. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to
279 recover from the non - prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting
280 the litigation. This Paragraph 16 shall survive Closing or termination of this Contract
281 17. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively
282 "Agent ") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them
283 upon proper authorization and in accordance with Florida law and the terms of this contract including disbursing
284 brokerage 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 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful
287 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay
288 the filing fees and costs from the deposit and will recover reasonable attomeys' fees and costs to be paid from the
289 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party.
290 18. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations
291 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting
292 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor
299 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) a nd for tax,
294 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside
295 in the Property and that all representations (oral, 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
298', value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all
299 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising
300 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold
301 harmless and release Broker and Broker's 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 display of listing data by third parties, including, but 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 Broker's referral, recommendation, or retention of any vendor; (iv).
307 products or services provided by any vendor, and (v) expenses incurred by any vendor. Seller and Buyer each
308 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve
309 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract.
310 This Paragraph will survive closing.
311 19. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by
312 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales
313 Commission Lien Act provides that when a broker has earned a commission by performing licensed services
314 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the
315 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned.
316 20. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent:
317 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 any
320 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker.
321• (a) NONE (Seller's Broker)
322• will be compensated by ❑Seller ❑ Buyer ❑ both parties pursuant to ❑a listing agreement ❑other
323+ (specify): r
324• (b) NONE (Buyer's Broker)
325• will be compensated by ❑ Seller ❑ Buyer ❑ both parties ❑ Seller's Broker pursuant to ❑ a MLS offer of
326• compensation ❑ other (specify):
9 ACe- & and Seller rU L� acknowledge receipt of a copy of this page, which is 6 of 7 pages.
02017 Florida Realbre
serial@: 0065e2400152
li�rr►� IL-i(y
327•
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
COUNTER -OFFER /REJECTION
344' ❑ Seller counters Buyer's offer (to accept the counter -offer, Buyer must sign or initial the counter- offered terms and
345 deliver a copy of the acceptance to Seiler).
346' O Seller rejects Buyer's offer
347 This is intended to be a legally binding contract If not full unde Qod, seek the advice of an attorney before
348 signing. BOARD DOF COUNTY COMMISSIONERS
348. Buyer: OF MONROE COUNTY § FLORIDA Date: �' $
350- Print name:
M David Rice
351 Buyer: y Date: +1 11 U L 8
ATTEST,: Kevin Madok, Cler
352- I3M X_�__
353 Buyer's address for purpose of notice:
354. Address: 1111 Simonton Street, Suit e,.#205:,Key West, FL 33040
355- Phone: (305) 292 -4443 Fax: (305) 292 -4454 Email:
356•
357•
358•
359•
360
Seller: Date: l $
Print name: Malf-rCA y \,N % %c yIY it
Seller: Date:
Print name:
Seller's address for purpose of notice:
361 Address:
362• Phone: Fax: Email:
363•
364
Effective Date: (The date on which the last party signed or initialed and delivered the
final offer or counter offer.)
Florida REALTORS'. makes no representation as to the legal validity or adequacy of any provision of this form ki any epedtio transaction. This standardized form should not
be user{ in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate Industry and Is not intended to Iden* the user as
REALTOR`. REALTOR` is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF
REALTORS" and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means
including facsimile or computerized forms.
Buy L� and Seller (Ljjw (_) acknowledge receipt of a copy of this page, which is 7 of 7 pages.
VAC 7I ev 8 02017 Floride Realtors
seW#. 005582.800152ae9tsl6 t'c it i )>> 1
21. Additional Tenns: Closing shall occur on the date which is fifteen (15) days following the Effective Date.
Addendum to Contract
Addendum No. 1 to the Contract with the Effective Date of
FLORIDA KEYS COMMUNITY LAND TRUST INC.
Florida Realtors-
between
(Seller)
and MONROE COUNTY (Buyer)
concerning the property described as: 31319 Avenue D, Big Pine Key, FL 33043
(the "Contract"). Seller and Buyer make the following terms and conditions part of the Contract:
The following shall be further "Additional Terms" under Section 21 of the Contract:
1) At the end of the 99 years lease or earlier termination as provided for under the lease, all improvements shall remain
on the property and become the property of the County /Buyer.
2) The 99 year lease shall be renewable, subject to Tenant's good standing under the lease.
3) 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."
BOARD OF C LINTY MMISSIONERS
Buyer: OF MONRO A
Buyer:
X4yo�Davi ice _ .._ 14
Seller:
Seller:
A9SP -1 Rev 6117
SerlaW. 0254M. 700152.5791659
Date:
Bocc Q,G
Date:
Date: — 5 1
Date:
22017 Florida Realtorso
1, 61 - 111 Sill t��l