06/19/2019 Agreement Kevin Madok, CPA
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*• 't;• Clerk of the Circuit Court& Comptroller— Monroe County, Florida
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DATE: June 21, 2019
TO: Kathy Peters, CP
County Attorney's Office
FROM: Pamela G. Hanco(1 4.C.
SUBJECT: June 19th BOCC Meeting
Attached are electronic copies of the following items for your handling:
04 Contract with Patricia M. Kersey to purchase a less than fee interest in Lot 1, Whispering
Pines (PB 4-37) with parcel number 00285530-000000 and a purchase price of$30,953.00 for
density reduction purposes.
05 Contract with Tobago Lane, LLC to purchase a less than fee interest in Block 10, Lot 16,
Breezeswept Beach Estates (PB 4-143) with parcel number 00204040-000000 and a purchase
price of$99,999.00 for density reduction purposes.
07 Contract with Michael J. & Stephanie D. Welsh to purchase a less than fee interest in Lot
2,Amended Plat of Dolphin Harbour (PB 6-116) with parcel number 00319492-000300 and a
purchase price of$31,724.00 for density reduction purposes.
08 Contract with the Estate of Frank J. &Inez Bennett for purchase of lots described as Block
24, Lots 1 and 2, Sands (PB 1-65) with parcel numbers 00302870-000000 and 00302880-000000
for density reduction purposes and a pump station site for$40,000.00.
Should you have any questions, please feel free to contact me at (305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330'
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this /� day of , 2019, by
and between
Estate of Frank J. Bennett and Estate of Inez Bennett
(hereinafter "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 $40,000.00 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 24, Lots 1 and 2, Sands (PB 1-65)
RE#00302870-000000 and 00302880-000000
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.
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. Notwithstanding the above 60-
day notice provision to Seller(s), the Seller(s) hereby acknowledge no probate proceedings have
been conducted in the State of Florida, acknowledge title is currently unmarketable, and agree to
complete the probate proceedings necessary to clear title within 60 days of executing this
Agreement, failing which the COUNTY shall have the option of rescinding the Agreement herein;
thereupon the COUNTY and the Seller(s) shall release one another of all further obligations under
this Agreement.
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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
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 $40,000.00. 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 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 email to the address provided by the Seller(s) or mail addressed to the Seller(s) at
the following address:
521 Merrie Road
Raleigh, NC 27606
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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.
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
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) wish to proceed with this transaction, the Seller(s) have until May 30, 2019 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/ Estate of Frank J. Bennett and Estate of Inez Bennett
By: Frank Joseph Bennett Jr., Heir At Law
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Signature Date Phone Number
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Buyer/ COUNTY: MONROE COUNTY, FLORIDA nm = o
ATTEST: Kevin Madok, CPA, Clerk =-): =
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f " �; Clerk Sylvia Murphy, Mayor ob: '
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MONROE C;U.' ATTORNEY
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