06/20/2018 Contract
DATE: June 22, 2018
TO: Kathy Peters, CP
County Attorney’s Office
FROM: Sally M. Abrams, D.C.
SUBJECT: June 20th, BOCC Meeting Approved Agenda Item
______________________________________________________________________________
Attached is an electronic copy of the executed agenda item listed below for your handling.
[[394,1200,421,1261][12][B,I,][Calibri]]P [[421,1200,446,1261][12][B,I,][Calibri]]9 [[446,1200,461,1261][12][,I,][Calibri]]- [[461,1200,472,1261][12][,I,][Calibri]]
[[471,1204,2043,1260][11][,I,][Calibri]]Approval of a contract for purchase of a lot described as Block 6, Lot 3, Center Island
[[1869,1256,1898,1317][12][,I,][Calibri]]
[[394,1260,490,1316][11][,I,][Calibri]](PB 5 [[490,1260,504,1316][11][,I,][Calibri]]- [[504,1260,1132,1316][11][,I,][Calibri]]82) with parcel number 00380240 [[1132,1260,1146,1316][11][,I,][Calibri]]
- [[1146,1260,1858,1316][11][,I,][Calibri]]000000 for density reduction purposes [[1858,1260,1869,1316][11][,I,][Calibri]].
Please contact me at extension 3550 with any questions.
cc: Finance[[607,1744,636,1805][12][,I,][Calibri]]
File
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this ‘ / ` , day of , 2018, by
and between
141 PPH Properties, LLC
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 $85,000.00 for all of the lands and other
interests, which lands shall include all tenements, hereditaments, together with all water and other
rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of
ownership thereunto belonging, owned by them, situate and lying in the County of Monroe. State
of Florida, more particularly described as follows; to -wit:
Block 6, Lot 3, Center Island (PB5 -82)
RE# 00380240 - 000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the COUNTY the fee simple title together with legal and practical access thereto clear,
free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities.
The COUNTY, at the COUNTY'S expense, within the time allowed to deliver evidence of title and
to examine same, may have the real property surveyed and certified by a registered Florida
surveyor. If the survey discloses encroachments on the real property or that improvements
located thereon encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants, or applicable governmental regulations, the same shall constitute a title
defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
COUNTY shall have sixty (60) days from the effective date of this Agreement in which to examine
title. If title is found defective, the COUNTY shall, within this specified time period, notify Seller(s)
in writing specifying defect(s). If the defect(s) render title unmarketable the Seller(s) will have one
hundred twenty (120) days from receipt of notice within which to remove the defect(s). The
Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits, failing which the COUNTY shall have the option of either
accepting the title as it then is or rescinding the Agreement herein.
3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered while this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the COUNTY by
reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be
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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 $85,000.00. 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:
121 9th Street
Belleair Beach, FL 33786
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.
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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 June 4, 2018 to sign
and return this Agreement to the COUNTY. This Agreement may be executed in counterparts.
Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is
contingent upon approval by the Monroe County Board of County Commissioners, failing which
the COUNTY and the Seller(s) shall release one another of all further obligations under this
Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase
said lands. the option and right to enter into this Agreement for Purchase within sixty (60) days from
the execution thereof by the Seller(s), and to purchase said lands as herein provided.
Seller/ 141 PPH Properties, LLC
By: Paul Price, Managing M ber
(7>_e _./.,---..-?. 6 747 Lc.'
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Signature Date Phone Number
By: Christeen Price, Managing Member
6 X% (/ , S) ,2‘/ 77
Signature Date Phone Number
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk "' 2& r_-'
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By: /i I / 11�11�1 ✓ • M ti
Deputy Cler David Rice, Mayor :< ;4 rn
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MONROE COUNTY ATTORNEY
\S.,. APPR
T FORM:
ROBERT B. SHIM NOER, JR.
NM
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