Item C09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2011 Division: Administration
Bulk Item: Yes X No _ Department: Project Management
Staff Contact Person /Phone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of two contracts to purchase four lots with a total of
25,000 square feet on Stock Island for the purpose of building a new fire station. The cost of the four
lots is $675,000.00.
ITEM BACKGROUND: Four adjacent lots are available to purchase on Stock Island containing
enough land on which to build a new fire station. Lot 12 is owned by (1) 5671 Macdonald LLC, (2)
R &S of Key West, Inc., and (3) H -Try LLC and is selling for $168,750.00. Lots 13, 14, and 15 are
owned by (1) R &S of Key West, Inc, and (2) H -Try LLC and are selling for $506,250.00
PREVIOUS RELEVANT BOCC ACTION: There have been discussions at several BOCC
meetings regarding the purchase of land on Stock Island for a new fire Station. The four lots were
identified to the BOCC and project management was instructed to proceed with negotiations with the
Sellers.
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $675,000.00 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $675.000.00
SOURCE OF FUNDS: Fund 308
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2011, is by
and between
1) 5671 MACDONALD LLC
2) R & S of Key West, Inc.
3) H -TRY LLC
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (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 One Hundred Sixty -Eight Thousand Seven
Hundred and Fifty Thousand Dollars and No /Cents ($168,750.00) 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 on Stock Island, more particularly described as follows; to -wit:
Block 31, Lot 12, Stock Island Maloney Subdivision Plat Book 1 and page 55 of the
Public Records of Monroe County, Florida.
RE# 00124460- 000000
2. The Sellers agree that the closing of this transaction is contingent upon simultaneous closing
on the adjoining Lots 13, 14, and 15 to the COUNTY.
3. 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 qualifications 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 receipt of an acceptable environmental site assessment
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
Page 1 of 4
Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s), failing which the COUNTY shall have the option of either accepting the title as it then
is or rescinding the contract herein; thereupon the COUNTY and the Seller(s) shall release one
another of all further obligations under this Agreement. The Seller(s) will, if title is found
unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits.
4. Seller(s) acknowledge and agree that the two (2) dwelling units (DUs) lawfully allotted by the
letter dated 11 -10 -2004 from the Director of Planning and Environmental Resources Department,
attached hereto and made a part hereof as Exhibit A, shall pass to the County upon the purchase of
Lot 12, RE #00124460- 000000.
5. 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. 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 refuse, without liability, to accept
conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the
purchase price.
6. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the COUNTY shall have at all proper 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 associated with, or arising from ownership of, said lands and this waiver shall survive
closing.
7. 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 safe 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.
8. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other
interests at the price of One Hundred Sixty -Eight Thousand Seven Hundred and Fifty Thousand
Dollars and No /Cents ($168,750.00). The COUNTY further agrees that, after the preparation,
execution, delivery and recordation 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 by a check drawn on the account of the COUNTY. 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 allocatable 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 Sellers(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 through Section 4 above.
9. 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
Page 2 of 4
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.
10. It is mutually understood and agreed that the COUNTY may assign this contract.
11. 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.
12. 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:
Mr. Steve Eid
5671 MacDonald LLC
20 Driftwood Drive
Key West, FL 33040
Kit Carson Smith
R & S of Key West, Inc.
2230 Harris Avenue
Key West, FL 33040
H -TRY, LLC
Scott G. Oropeza
815 Peacock Plaza
Key West, FL 33040
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.
13. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
14. 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.
15. The COUNTY shall have sixty (60) days from the effective date of this agreement in which to
conduct an environmental site assessment to determine the existence and extent, if any, of any
hazardous materials on the property. For the purposes of this agreement, "hazardous materials" shall
mean any hazardous or toxic substance, material or waste of any kind or any other substance which
is regulated by any environmental law. If the environmental site assessment identifies the presence
of hazardous materials on the property, the COUNTY shall, within this specified time period, notify
Seller(s) in writing of the findings. The Seller(s) will then have one hundred twenty (120) days from
receipt of notice within which to pursue, at Seller(s)' sole cost and expense, any assessment, clean-
up, and monitoring of the Property necessary to bring the Property into full compliance with any and
all applicable federal, state or local laws, failing which the COUNTY shall have the option of either
accepting the property as it then is or rescinding the contract herein; thereupon the COUNTY and the
Seller(s) shall release one another of all further obligations under this Agreement.
(Remainder of this Page Left Intentionally Blank)
Page 3 of 4
16. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until February 8, 2011
to sign and return this contract to the COUNTY; subsequently, the contract will be presented to the
Board of County Commissioners at the first available commission meeting pursuant to county policy.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written, with the understanding that this Agreement for Purchase cannot
be executed by the COUNTY until after it is reported to it for its consideration, 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(s)
1) 5671 MACDONALD LLC
2) R & S of Key West, Inc.
3) H -TRY LLC
1)
Signature of agent for 5671 MacDonald LLC Date
Print Name of agent for 5671 MacDonald LLC
2)
Signature of agent for R and S Key West, Inc. Date
Print Name of agent for R and S of Key West, Inc.
3)
Signature of agent for H Try LLC Date
Print Name of agent for H Try LLC
Social Security Number
Social Security Number
Social Security Number
Phone Number
Phone Number
Phone Number
MONROE COUNTY, acting by and through its Board of County Commissioners, has executed this
agreement on behalf of the MONROE COUNTY this day of , 2011.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
M
Mayor /Chairman
Date:
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2011, is by
and between
1) R & S of Key West, Inc, and
2) H -TRY LLC
hereinafter styled the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (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 Five Hundred Six Thousand Two Hundred and
Fifty Thousand Dollars and No /Cents ($506,250.00) 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 on Stock Island,
more particularly described as follows; to -wit:
Lots 13, 14, and 15, Block 31 of MacDonald's Plat of Stock Island according to the Plat
thereof recorded in Plat Book 1 and Page 55 of the Public Records of Monroe County, Florida.
2. The Sellers agree that the closing of this transaction is contingent upon the simultaneous closing
on the adjoining lot 12 to the COUNTY.
3. 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 qualifications 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 receipt of an acceptable environmental site assessment
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), failing which the COUNTY shall have the option of either accepting the title as it then
is or rescinding the contract herein; thereupon the COUNTY and the Seller(s) shall release one
Page 1 of 4
another of all further obligations under this Agreement. The Seller(s) will, if title is found
unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits.
4. Sellers and COUNTY acknowledge that the COUNTY has agreed by letter dated December 17,
2010, a copy of which is attached hereto and made a part hereof as Exhibit A, to allow 3 ROGO
exemptions per lot and 688.5 square feet per lot of NROGO exemptions, for a total of 9 ROGO
exemptions and 2056.5 square feet of NROGO exemptions on Lots 13, 14 and 15, these allocations
will remain on Lots 13, 14 and 15.
5. The Seller(s) agree to undertake any and all actions, including obtaining a release of a unity of
title, necessary to convey Lots 13, 14, and 15, apart from Lot 16.
6. 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. 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 refuse, without liability, to accept
conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the
purchase price.
7. The Seller(s) further agree that during the period covered by this instrument officers and accredited
agents of the COUNTY shall have at all proper 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
associated with, or arising from ownership of, said lands and this waiver shall survive closing.
8. 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 safe 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.
9. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other
interests at the price of Five Hundred Six Thousand Two Hundred and Fifty Thousand Dollars
and No /Cents ($506,250.00). The COUNTY further agrees that, after the preparation, execution,
delivery and recordation 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 by a
check drawn on the account of the COUNTY. 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 pro rata share of
prepaid real property taxes allocatable 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 Sections 2 through 5 above.
10. 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
Page 2 of 4
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.
11. It is mutually understood and agreed that the COUNTY may assign this contract.
12. 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.
13. 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:
Kit Carson Smith H -TRY, LLC
R & S of Key West, Inc. Scott G. Oropeza
2230 Harris Avenue 815 Peacock Plaza
Key West, FL 33040 Key West, FL 33040
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.
14. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
15. 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.
16. The COUNTY shall have sixty (60) days from the effective date of this agreement in which to
conduct an environmental site assessment to determine the existence and extent, if any, of any
hazardous materials on the property. For the purposes of this agreement, "hazardous materials" shall
mean any hazardous or toxic substance, material or waste of any kind or any other substance which
is regulated by any environmental law. If the environmental site assessment identifies the presence
of hazardous materials on the property, the COUNTY shall, within this specified time period, notify
Seller(s) in writing of the findings. The Seller(s) will then have one hundred twenty (120) days from
receipt of notice within which to pursue, at Seller(s)' sole cost and expense, any assessment, clean-
up, and monitoring of the Property necessary to bring the Property into full compliance with any and
all applicable federal, state or local laws, failing which the COUNTY shall have the option of either
accepting the property as it then is or rescinding the contract herein; thereupon the COUNTY and the
Seller(s) shall release one another of all further obligations under this Agreement.
Remainder of this Page Left Intentionally Blank
Page 3 of 4
17. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until February 8, 2011, to
sign and return this contract to the COUNTY; subsequently, the contract will be presented to the
Board of County Commissioners at the first available commission meeting pursuant to county policy.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written, with the understanding that this Agreement for Purchase cannot
be executed by the COUNTY until after it is reported to it for its consideration, 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(s)
1) R & S of Key West, Inc, and
2) H TRY LLC
1) _
Signature of agent for R & S Key West, Inc. Date
Print Name of agent for R & S of Key West, Inc.
2)
Social Security Number Phone Number
Signature of agent for H Try LLC Date Social Security Number Phone Number
Print Name of agent for H Try LLC
MONROE COUNTY, acting by and through its Board of County Commissioners, has executed this
agreement on behalf of the MONROE COUNTY this day of , 2011.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
M
Mayor /Chairman
Date:
Page 4 of 4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16 2011
Bulk Item: 'Yes X No
Division: Administration
Department: Project Management
Staff Contact Person/Phone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of two contracts to purchase four lots with a total of
25,000 square feet on Stock Island for the purpose of building a new fire station.
ITEM BACKGROUND: Four adjacent lots are available to purchase on Stock Island containing
enough land on which to build a new fire station. Lot 12 is owned by 5671 Macdonald LLC, R &S of
Key West, Inc., and H -Try LLC and is selling for $168,750.00. Lots 13, 14, and 15 are owned by R &S
of Key West, Inc, 5671 MacDonald LLC and H -Try LLC are selling for $506,250.00. There are two
contracts sinc=e lots 13, 14, and 15 are a portion of a larger parcel. The total for all lots is $675,000.00.
PREVIOUS RELEVANT BOCC ACTION: There have been discussions at several BOCC
meetings regarding the purchase of land on Stock Island for a new fire Station. The four lots were
identified to the BOCC and project management was instructed to proceed with negotiations with the
Sellers.
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $675,000.00 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: Not Applicable
COST TO COUNTY: -$675.000.00 SOURCE OF FUNDS: Fund 308
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Pur r ng Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM # 0, 6 1
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Pr operty Ow
Contract #
Effective Date: 02
Expiration Date:
Contract Purpose/Description:
Purchase four lots totalling 25,000 s.f. on Stock Island for the purpose of building a new
Fire Stati
Contract :Manager: Ann Riger
X4439 Facilities Devel /Sto #1
(Name)
(Ext.) (Department/Stop #)
for BOCC; meeting on 02/16/11
Agenda Deadline: 02/01/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 675,000 Current Year Portion: $ 675,000
Budgeted'? Yes® No ❑ Account Codes: 308- 26006 - 560610 CP0801
Grant: $ N/A
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not include in dollar value above) (e g. maintenance.
CONTRACT REVIEW
Changes
;;e Needed
Division Director Yes❑ No[
Date Out
Risk Management �-�� Yeso Nou
O.M.B. hasing ? -1—1 � ll YesO No� `{ a
County Attorney _ �.c1 �� Yes[:] No[j _ lq -A
Comments:
OMB Form Revised 2/27101
APPRAISAL
OF KEY WEST
February 9, 2011
Mr. Jerry A. Barnett, Director
Project Management Department
Monroe County
1100 Simonton Street
Key West, Florida 33040
co 3229 Flagler Avenue, Suite #101
Key West, Florida 33040
Telephone: (305) 296.4568
Fax: (305) 296 -0493
Website: fla- keysappraisals.com
Email: jim @fla- keysappraisals.com
RE: Appraisal Report
Vacant Land With Entitlements
Former Sun Haven Trailer Park
_5671 MacDonald Avenue
Lots 12 to 15, Block 31, Stock Island Maloney Sub PB -1 PG -55
Stock Island, Florida 33040
Our File No.: 110 -11
Dear Mr. Barnett:
I performed a self - contained appraisal assignment and estimate of the "Asls "Market Value of the Fee
Simple 1 for the above referenced property. A site visit was made on February 1, 2011. The
attached Self - Contained Appraisal Report has been prepared to comply with my understanding of the
requirements of the Uniform Standards of Professional Appraisal Practice. The reader is advised to
review the Scope of Work section within this report, Part IV.
The subject property consists of four contiguous, vacant, scarified lots fronting on the northerly side
MacDonald Avenue. The property contains a total of 25,000 square feet with 200 feet of street frontage
on MacDonald Avenue. Currently, the subject property is not encumbered by any leases. A survey, that
also includes other lots, was provided; however, the date and preparer are unknown.
I was provided with a letter from Mr. Townsley Schwab, Director of Planning and Environmental
Resources, dated December 17, 2010, which confirms the pro -rated development rights for the subject
Lots 13 -15, Block 31 of Maloney Subdivision based on a prior Pre - application Meeting Letter Of
Understanding (PMLOU) for Lots 9, 12, 13-16,19 and 20, Block 31, dated November 10, 2004. Per Mr.
Schwab the subject Lots 13 -15 have the pro -rated entitlements of ROGO exemptions per lot and 688.5
square feet of NROGO exemption per lot. Thus, these three lots have entitlements for a total of 9
ROGOs and 2,065 square feet of NROGO exemptions. According to the prior PMLOU, Lot 12 has 2
ROGO exemptions. Therefore, the total entitlements are 11 ROGOs and 2,065 square feet of NROGO
•
Mr. Jerry A. Barnett, Director
Project Management Dept; Monroe County
February 8, 2011
Page 2
exemptions. Due to the ownership entities are the separate sales contracts, the client has requested that
I value the subject property as Subject Property"A"Lot 12,Block 31,Stock Island Maloney Subdivision
PB-1, PG-55, while Subject Property`B" encompasses Lots 13-15, Block 31, Stock Island Maloney
Subdivision PB-1, PG-55.
I have considered the recent Pro-Ration of Entitlements letter and the prior Pre-application Meeting
Letter Of Understanding (PMLOU) from the Monroe County Growth Management Division in my
valuation of the subject property. The Pro-Ration Letter and PMLOU have reported the dwelling units
exemptions allotted to the Real Estate Numbers (RE) as follows:
is{ Dev�'e o i a�e nt Ri1htm `#tea
Per Monroe County Letter�of Development°Rights Detertntnation
r a ` f.cayr -r � r t a9fs m t ar .m t. r' �x - r 3 c
r .`
Pars el Lots•, +gel F�f�te Number Alte x t..,[ts.F Y+164 Area
A 12 • 00124460-000000 1158585 2 0
B 13-15(Excl.16) 00124470-000000 1158593 9 2,065.5
Togs, 1.1; 2,065
According to Mr. Jerry Barnett, all of the subject ROGO entitlements are market rate units and do not
have to be affordable units.
The total site area for the subject property was taken from the Monroe County Property Appraiser's
Record and confirmed with our calculations. The legal description was taken from the warranty deed in
the County Public Records. The gross building area for the former improvements (NROGO
entitlements)was referenced from the recent Pro-Rations letter and prior PMLOU. Any deviations from
the sizes for each parcel could result in a change in value. If and when, a more detailed survey for the
subject property is made available,noting changes in the measurements used in this report,the appraisers
reserve the right to change the final value. Any maps or plats reproduced in this report are intended only
for the purpose of showing spatial relationships. They are not measured maps, and no responsibility for
cartographic or surveying errors is assumed.
This report contains the results of our investigation and analysis made in order to furnish an estimate of
the"As Is"Market Value of the Fee Simple Interest ofthe properties described herein. The Fee Simple
Interest is the unencumbered value of the subject property; basically, market rents and terms are
considered with no regard to existing leases and terms.
The Leased Fee Interest is an ownership interest held by the landlord, who conveys the rights of use and
occupancy to a tenant by lease. The landlord's rights include the right to receive rent and the right of
possession at the end ofthe lease period.There are no long-term leases encumbering the subject property,
Mr. Jerry A. Barnett, Director
Project Management Dept; Monroe County
February 8, 2011
Page 3
therefore, a Leased Fee valuation is not - applicable; hence, the Fee Simple Estate Interest valuation was
considered herein.
Based on market analysis, visitation and research, it is my opinion that the `As Is "Market Value of the
Fee Simple Estate of Subject Property "A ", vacant land with entitlements, commonly known as the
former Sun Haven Trailer Park, located at 5671 MacDonald Avenue, specifically, Lotsl2, Block 31,
Stock Island Maloney Subdivision Plat Book 1, Page 55, Stock Island, Florida, subject to development
rights of the Recent Entitlement Pro - Ration Letter and prior Pre - Application Meeting Letter of
Understanding (PMLOU) for 2 ROGO market rate dwelling units, and also subject to the definitions,
assumptions and limiting conditions, as of February 1, 2011 is:
ONE HUNDRED SEVENTY THOUSAND DOLLARS
($170,000)
In addition, Based on market analysis, visitation and research, it is my opinion that the "As Is " Market
Value of the Fee Simple Estate of Subject Property `B ", vacant land with entitlements, commonly known
as the former Sun Haven Trailer Park, located at 5671 MacDonald Avenue, specifically, Lots 13 -15,
Block 31., Stock Island Maloney Subdivision Plat Book 1, Page 55, Stock Island, Florida, subject to
development rights ofthe Recent Entitlement Pro - Ration Letter and prior Pre - Application Meeting Letter
of Understanding (PMLOU) for 9 ROGO market rate dwelling units, and 2,065 square feet of
commercial floor area exempt from NROGO and also subject to the definitions, assumptions and limiting
conditions, as of February 1, 2011 is:
FIVE HUNDRED FIFTY THOUSAND DOLLARS
($550,000)
This confidential report was prepared for the sole use of and benefits of the County of Monroe, Florida.
This report is provided for informational purposes only to third parties authorized to receive it. The
appraiser -client relationship is with Monroe County as the client. This report should not be used for any
purpose other than to understand the information available to the Bank concerning this property.
Appraisal Company of Key West assumes no responsibility if this report is used in any other manner.
Mr. Jerry A. Barnett, Director
Project Management Dept; Monroe County
February 8, 2011
Page 4
A Summary of Facts and Conclusions is provided in the front of this report. The Assumptions and
Limiting; Conditions may be found in Section I, followed by the Certification of Value in Section II.
If you have any questions regarding this appraisal report, please feel free to contact me. Thank you for
giving me the opportunity to provide this service for you. This transmittal letter must remain attached
to the report, which contains 102 pages including related exhibits, in order for the value opinion set forth -
to be considered valid.
Respectfully submitted,
I � �' 4�
James E. Wilson, MRICS, President
St. Cert. Gen. REA
License No. RZ 2164
Report Attached: C: \Comm -11 \110 -11 \Comm - 110- 11.wpd
d
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this 0 day of rrtiai�t,, , 2011, is by
and between
1) 5671 MACDONALD LLC
2) R & S of Key West, Inc.
3) H -TRY LLC
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (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 One Hundred Sixty -Eight Thousand Seven
Hundred and Fifty Thousand Dollar; and No/Cents ($168,750.00) 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 on Stock Island, more particularly described as follows; to-wit:
Block 31, Lot 12, Stock Island Maloney Subdivision Plat Book 1 and page 55 of the
Public Records of Monroe County, Florida.
RE#t 00124460- 000000
2. The Sellers agree that the closing of this transaction is contingent upon simultaneous closing
on the adjoining Lots 13, 14, and 15 to the COUNTY.
3. 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 qualifications 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 receipt of an acceptable environmental site assessment
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
Page 1 of 4
l 6
Sellers) will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s), failing which the COUNTY shall have the option of either accepting the title as it then
is or rescinding the contract herein; thereupon the COUNTY and the Seller(s) shall release one
another without liability to either party of all further obligations under this Agreement. The Seller(s)
will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time
provided therefore, including the bringing of necessary suits.
4. Seller(s) acknowledge and agree that the two (2) dwelling units (DUs) lawfully allotted by the
letter dated 11 -10 -2004 from the Director of Planning and Environmental Resources Department,
attached hereto and made a part hereof as Exhibit A, shall pass to the County upon the purchase of
Lot 12, RE #00124460 - 000000.
5. 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. 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 refuse, without liability, to accept
conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the
purchase price.
6. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the COUNTY shall have at all proper 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 associated with, or arising from ownership of, said lands and this waiver shall survive
closing.
7. 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 safe 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.
8. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other
interests at the price of One Hundred Sixty -Eight Thousand Seven Hundred and Fifty Thousand
Dollars and No/Cents ( ;168,750.00) which will be paid by COUNTY at closing. Seller(s) hereby
authorize COUNTY to issue a County check or warrant directly to an escrow agent who is authorized
by law to receive such payment, and who is acceptable to COUNTY, and to require the escrow agent
to pay Seller's expenses of sale and real estate taxes.
Should COUNTY's funds not be available for any reason, COUNTY or Seller may elect to terminate
this Agreement by written notice to the parties without liability to any party.
Conveyance of the property in fee simple from Seller to County will take place at the closing, in
exchange for the payments to be made to SELLER at closing as set forth in paragraph 8.
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 County's attorney's fees, and
title insurance, as well as the prorata share of prepaid real property taxes allocatable 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 Sellers(s) shall pay the expenses of documentary
Page 2 of 4
stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, if
any, the Seller's attorney fees, 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 through Section 4 above.
9. 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.
10. This Agreement may not be assigned by any party without the prior written consent of the
other parties.
11. 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.
12. 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:
Mr. Steve Eid
5671 MacDonald LLC
20 Driftwood Drive
Key West, FL 33040
Kit Carson Smith
R & S of Key West, Inc.
2230 Harris Avenue
Key West, FL 33040
H -TRY, LLC
Scott G. Oropeza
815 Peacock Plaza
Key West, FL 33040
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.
13. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
14. 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. The Closing Date is April 25, 2011; closing date may be
extended by written agreement between the parties.
15. The COUNTY shall have sixty (60) days from the effective date of this agreement in which to
conduct an environmental site assessment to determine the existence and extent, if any, of any
hazardous materials on the property. For the purposes of this agreement, "hazardous materials" shall
mean any hazardous or toxic substance, material or waste of any kind or any other substance which
is regulated by any environmental law. If the environmental site assessment identifies the presence
of hazardous materials on the property, the COUNTY shall, within this specified time period, notify
Seller(s) in writing of the findings. The Seller(s) will then have one hundred twenty (120) days from
receipt of notice within which to pursue, at Seller(s)' sole cost and expense, any assessment, clean-
up, and monitoring of the Property necessary to bring the Property into full compliance with any and
all applicable federal, state or local laws, failing which the COUNTY shall have the option of either
accepting the property as it then is or rescinding the contract herein; thereupon the COUNTY and the
Seller(s) shall release one another of all further obligations under this Agreement.
(Remainder of this Page Left Intentionally Blank)
Page 3 of 4
ma
16. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until February 11, 2011
to sign and return this contract to the COUNTY; subsequently, the contract will be presented to the
Board of County Commissioners at the first available commission meeting pursuant to county policy.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written, with the understanding that this Agreement for Purchase cannot
be executed by the COUNTY until after it is reported to it for its consideration, 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(s)
1) 5671 MACDONALD LLC
2) R & S of Key West, Inc.
3) H -TRY LLC
Signature of nt f 5or 871 � Donald LLC Date � ` 1 -8i
Social Security Number
7 Z 7.�
Phone Number
Print Name a cDonald LLC
2) 2 J �t
Z`)Z - T7' �8
n re
9 gent for R and S Key West, Irk. Date Social S�rity Number �
Phone Number
Print me of agent for R and S of Key West, Inc.
/ J
-
Sign ure of a u nt for H -T LC Date Social Security Number
T ' CROP
Phone Number
Print of agent for H -Try LLC
MONROE COUNTY, acting by and through its Board of County Commissioners, has executed this
agreement on behalf of the MONROE COUNTY this day of 2011.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor /Chairman
Date:
MONR9E COUNTY ATTORNEY
AP OVED AS T F _ I
��/
NATILEENE W. CASSEL
A SISTANT COUNTY ATTORNEY
Date
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this /Ot.0 day of ���.
and between is by
1) 5671 MACDONALD LLC
2) R & S of Key West, Inc.,
3) H -TRY LLC, and
hereinafter styled the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY BOARD OF COUNTY
"COUNTY"'). COMMISSIONERS (hereinafter,
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 Five Hundred Six Thousand Two Hundred and
Fifty Thousand Dollars and No/Cents ($506,250.00) 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 on Stock Island,
more particularly described as follows; to -wit:
Lots 13, 14, and 15, Block 31 of MacDonald's Plat of Stock Island according to the Plat
thereof recorded In Plat Book 1 and Page 55 of the Public Records of Monroe County, Florida.
2. The Sellers agree that the closing of this transaction is contingent upon the simultaneous closing
on the adjoining lot 12 to the COUNTY.
3. 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 qualifications 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 receipt of an acceptable environmental site assessment
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), failing which the COUNTY shall have the option of either accepting the title as it then
is or rescinding the contract herein; thereupon the COUNTY and the Seller(s) shall release one
FA
another without liability to either party of all further obligations under this Agreement. The Seller(s)
will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time
Provided therefore, including the bringing of necessary suits.
4. Sellers and COUNTY acknowledge that the COUNTY has agreed by letter dated December 17, /
2010, a copy of which is attached hereto and made a part hereof as Exhibit A, to allow 3 ROGO
exemptions per lot and 688.5 square feet per lot of NROGO exemptions, for a total of 9 ROGO
exemptions and 2056.5 square feet of NROGO exemptions on Lots 13, 14 and 15, these allocations
will remain on Lots 13,14 and 15.
5. The Seller(s) agree to undertake any and all actions, including obtaining a release of a unity of
title, necessary to convey Lots 13, 14, and 15, apart from Lot 16.
6. 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. 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 refuse, without liability, to accept
conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the
purchase price.
7. The Seller(s) further agree that during the period covered by this instrument officers and accredited
agents of the COUNTY shall have at all proper 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
associated with, or arising from ownership of, said lands and this waiver shall survive closing.
8. The Seiler(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 safe 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.
9. in consideration whereof the COUNTY agrees that it will purchase all of said lands and other
interests at the price of Five Hundred Six Thousand Two Hundred and Fifty Thousand Dollars
and No/Cents ($506,250,00) which will be paid by COUNTY at closing. Seller(s) hereby authorize
COUNTY to issue a County check or warrant directly to an escrow agent who is authorized by law to
receive such payment, and who is acceptable to COUNTY, and to require the escrow agent to pay
Seller's expenses of sale and real estate taxes.
Should COUNTY's funds not be available for any reason, COUNTY or Seller may elect to terminate
this Agreement by written notice to the parties without liability to any party.
Conveyance of the property In fee simple from Seller to County will take place at the closing, in
exchange for the payments to be made to SELLER at closing as set forth in paragraph 9.
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 County's attorney's fees, and
title insurance, as well as the pro rata share of prepaid real property taxes allocatable 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
Fon
stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, if
any, the Seller(s) attorney fees, 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 Sections 2 through 5 above.
10. 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.
11. This Agreement may -not be assigned by any party without the prior written consent of the other
parties.
12. 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.
13. 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:
Kit Carson Smith
R & S of Key West, Inc.
2230 Harris Avenue
Key West, FL 33040
H -TRY, LLC
Scott G. Oropeza
615 Peacock Plaza
Key West, FL 33040
Mr. Steve Eld
5671 MacDonald LLC
20 Driftwood Drive
Key West, FL 33040
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.
14. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
15. 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. The Closing Date is April 25, 2011; closing date may be
extended by written agreement between the parties.
16. The COUNTY shall have sixty (60) days from the effective date of this agreement in which to
conduct an environmental site assessment to determine th e existence and extent, if any, of any
hazardous materials on the property. For the purposes of this agreement, "hazardous materials" shall
mean any hazardous or toxic substance, material or waste of any kind or any other substance which
is regulated by any environmental law. If the environmental site assessment identifies the presence
of hazardous materials on the property, the COUNTY shall, within this specified time period, notify
Seller(s) in writing of the findings. The Seller(s) will then have one hundred twenty (120) days from
receipt of notice within which to pursue, at Seller(s)' sole cost and expense, any assessment, clean-
up, and monitoring of the Property necessary to bring the Property into full compliance with any and
all applicable federal, state or local laws, failing which the COUNTY shall have the option of either
accepting the property as it then is or rescinding the contract herein; thereupon the COUNTY and the
Seller(s) shall release one another of all further obligations under this Agreement.
Remainder of this Page Left Intentionally Blank
17. If the .' Seller(s) wish to proceed with this transaction, the Seller(s) have until February 11, 2011, to
sign and return this contract to the COUNTY; subsequently, the contract will be presented to the
Board of County Commissioners at the first available commission meeting pursuant to county policy.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written, with the understanding that this Agreement for Purchase cannot
be executed by the COUNTY until after it is reported to it for its consideration, 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(s)
1) 5671 MACDONALD LLC
2) R & S of Key West, Inc.
3) H -TRY LLC
Signature of agent for 5071 NapDonald LLC
Date Social Security Number Phone Number
Print Name a ant for 1 Donald LLC
2)
Signature of agent for R and S Key -W Inc. Date
T Nof agent for R and S of Key West, Inc.
Slg re of agent for H -T LLC Date
� ,
r,rr �.z.e Pz,Lt
Print Name of agent for H Try LLC
r gas z9 z- 9 9 qe
oral Security W Phone Number
Social Security Number
�vr Z, /dy�
Phone Number
MONROE COUNTY, acting by and through its Board of County Commissioners, has executed this
agreement on behalf of the MONROE COUNTY this day of , 2011.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk
Date:
Mayor /Chairman
MON5PE COUNTY ATTO
APYROVED AS TO F
GCa
NATILEENE W. CASSEL
ASSISTANT OUNTY ATTORNEY
s*