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Item L3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 21, 2015 Division: County Attorney Bulk Item: Yes X No Staff Contact Person/Phone #:Christine Limbert-Barrows AGENDA ITEM WORDING: Approval of Agreement for purchase Lot 1, Block 1, Treasure Cove Subdivision No. 2 Key Largo. ITEM BACKGROUND: The County has discovered as a result of the CR905 bike lane project that part of CR 905 runs across a parcel of land that is privately owned. A title search has confirmed that the parcel is privately owned by Teresa Montz. An appraisal has also been prepared by Marr and Associates Appraisal Company, Inc. If the purchase agreement is approved the County will incur no cost for legal proceedings or consultant services relating to such proceeding. PREVIOUS RELEVANT BOCC ACTION: BOCC approved task order for engineering design and permitting service at the April 2012 meeting. The BOCC approved the construction contract at the January BOCC meeting. BOCC approved contract with Marr and Associates Appraisal Company, Inc. for appraisal and consultant services at the September 2014 meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $5,000. purchase price INDIRECT COST: BUDGETED: Yes: X No: plus other expenses associated with conveyance of the property DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $5,000. SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County AttIr OMB/Purc asing Risk Management DOCUMENTATION: Included DISPOSITION: Revised 7/09 Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Teresa Montz Contract # Effective Date: 1 /21 /2015 Expiration Date: Contract Purpose/Description: Agreement for the Purchase of Lot 1. Block 1 Treasure Subdivision No. 2 Key Largo Contract Manager: Christine Limbert- 3470 CAY - #7 Barrows (Name) (Ext.) (Department/Stop #) for BOCC meeting on Janua 21 2015 Agenda Deadline: Janua 6 2014 CONTRACT COSTS Total Dollar Value of Contract: $5,000.00 Current Year Portion: $5,000.00 Budgeted? Yes® No ❑ Account Codes: 401-22502-530340 Grant: $ -0- County Match: $ -0- ADDITIONAL COSTS Estimated Ongoing Costs: $ n/a /yr. For: Not included in dollar value above e.., maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director Date In Needed Reviewer Yes[:] No❑ Risk Management Yes❑ N®_,��� 3, O.M.B./Pur asing 1 -1 a-1 Yes❑ No® R t p7 �► County Attorney i I Yes[] No Comments: Urvio rUrrn MUV15eu Z14flU 1 IvfLor iFL AGREEMENT FOR THE PURCHASE OIF LAND THIS AGREEMENT is made and entered into this day of 2015, by and between Teresa Montz, hereinafter, the Seller(s), for herself (themselves), her (their) heirs, executors, administrators, successors and assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter, "County,") as Buyer: 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) agrees to sell to the COUNTY certain lands upon the terms and conditions hereinafter set forth, and for the price of Five Thousand and No/100ths Dollars ($5,000.00) 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 (s') rights in or arising by reason of ownership thereunto belonging, owned by her (them), situate and lying in the County of Monroe, State of Florida, more particularly described as follows; to -wit: BK 1 Lot 1, Treasure Trove No. 2 Key Largo (PB1-128) RE# 00438610-000000 2. The Seller(s) agrees that she (they) has full right, power and authority to convey, and that she (thety) 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 land 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), failing which the COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement 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. 3. The Seller(s) further agrees 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. 4. The Seller(s) further agrees 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 waives her rights to any and all claims against the COUNTY 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 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. 6. In consideration whereof, the COUNTY agrees that it will purchase all of said lands and other interests at the price of $5,000.00. 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 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 agrees herein to fumish 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 is mutually understood and agreed that the COUNTY may assign this Agreement. 9. 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. 2 . , 4 10. 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: 185 Corrine Place Key Largo, FL 33037 and shall be effective upon date of mailing and shall be binding upon all of the Sellers, if applicable, without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 11. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 12. 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. 13. If the Seller(s) wishes to proceed with this transaction, the Seller(s) shall have until December 1, 2014 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 Board of County Commissioners at a public meeting. IN WITNESS WHEREOF, the Seller(s) has hereunto signed her (their) name(s) and affixed her (their) respective seal(s) on the day first above written and therefore the Seller(s) for and in consideration of the Five Thousand Dollars ($5,000.00) 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/ Teresa Montz . f Signature 10 Date Phone Number AMY HEAVILIN, CLERK (Seal) Deputy Clerk MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor/Chairmain C PCB. 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