09/18/2019 Agreement `V,COURp. �,1
�4p••°"`"I'L° ', Kevin Madok, CPA
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'11 -:i= Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: September 20, 2019
TO: Kathy Peters, CP
County Attorney's Office
, ►
FROM: Pamela G. Hanc•c .C.
SUBJECT: September 18th BOCC Meeting
Attached are electronic copies of the following items for you handling:
P10 Contract with James R. &D'Ann R. Stone,Trustees under the Stone Living Trust
dated January 7, 1997, to purchase a less than fee interest in Block 1, Lot 37, Doctors Arm (PB 3-
141) with parcel number 00310380- 000000 and a purchase price of$43,775.00 for density
reduction purposes.
P11 Contract with Lynn Gangi Wintermyer to purchase a less than fee interest in Lot 26
and the south 43 feet of Lot 27,Whispering Pines (PB 4-37) with parcel number 00285810-
000000 and a purchase price of$99,999.00 for density reduction purposes.
P12 Contract with Allan S., III& Susan Burns to purchase a less than fee interest in
Block 6, Lot 21, Cahill Pines and Palms (PB 3-94) with parcel number 00244880-000000 and a
purchase price of$64,500.00 for density reduction purposes.
P13 Contract with David Earl&E'vina Rae Thorne to purchase a less than fee interest
in Lot 27, Hollerich Subdivision (PB 4-156) with parcel number 00285320-000000 and a
purchase price of$65,205 for density reduction purposes.
P14 Contract with Peter L. Rosasco,Jr. to purchase a less than fee interest in Block, 5,
Lot 5,Tropical Bay Third Addition (PB 5-81) with parcel number 00313590-000000 and a
purchase price of$63,504.00 for density reduction purposes.
P15 Letter of donation from Michael and Nancy Klinefelter of a less than fee interest in
Lot 30, Sugarloaf Shores Plat No. 2 Section C (PB 3-53) with parcel number 00166120-000000 for
density reduction purposes and authorization to execute tax forms acknowledging receipt.
T5 Contract with AMS of South Florida Keys, Inc. to purchase a less than fee interest
in Block 7, Lot 43, Doctors Aim First Addition (PB 4- 149) with parcel number 00312430-000000
and a purchase price of$54,562.00 for density reduction purposes.
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
T6 Contract with Jane P. Gilbert, as Trustee of the Jane P. Gilbert Living Trust under
trust dated November 13, 1997, to purchase a less than fee interest in Block 18, Lot 2, Cutthroat
Harbor Estates (PB 4- 165) with parcel number 00179990-000000 and a purchase price of
$30,000.00 for density reduction purposes.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: Finance
File
AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this / ' ay of (.-"2.1"4/:/ 1Zfe--- , 2019, by
and between
Lynn Gangi Wintermyer
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). •
WITNESSETH:
1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel")
thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida,
that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit:
Lot 29, Whispering Pines (PB 4-37)
RE #00285810-000000
The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary
Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of
Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling
unit or any other habitable space and is more particularly described as follows; to-wit:
Lot 26 and the south 43 feet of Lot 27, Whispering Pines (PB 4-37)
RE #00285810-000000
2. 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 property rights
associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter
set forth, and for the price of $99,999.00. The Seller(s) covenant to surrender, release, relinquish
and transfer any and all of the Seller(s)'s property rights to develop:
a) residential dwelling units; and
b) accessory structures providing detached habitable space
(hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel.
3. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the
servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions
and obligations:
The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E)
affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted
for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida
surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the
existence of improvements located thereon, or any other restrictions, contract covenants, liens,
transfers of development rights, or applicable governmental regulations, deemed not acceptable to
the COUNTY, the same shall constitute a title defect.
1
The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to
examine the 0 & E of Seller's title. If title is found defective, as determined in the sole discretion
of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing
specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, 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.
4. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property
rights associated with the Less Than Fee Interest may be diminished or encumbered while this
Agreement is pending. In the event any such diminution, encumbrance or other impairment
occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee
Interest.
5. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the COUNTY shall hav at all reasonable times the unrestricted right and
privilege to including
examination o e econdary Parcel and the resources upon it. Nothing erein shall be
construed to constitute an acceptance of any existing or future code or building violation on the
Primary Parcel or the Secondary Parcel. This provision shall survive closing. 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, the Secondary Parcel and this waiver shall survive
closing.
6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee
Interest in a manner satisfactory to the legal counsel of the COUNTY:
a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant of Unity of Title document")
b) Joinder of Mortgagee (if applicable)
c) Joinder of Non-Mortgagee Encumbrance Holder (if applicable)
d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies)
e) Affidavit of Trustee (if land owned by a Trust)
f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $99,999.00. The COUNTY further agrees that after the preparation,
execution, and delivery of the documents enumerated above, and after the legal counsel of the
COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be
surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase
price, less any costs of closing payable by Seller, as set forth below.
The COUNTY shall pay the following expenses associated with the conveyance of the Less Than
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report
fees, title examination fees, and the Buyer's attorney's fees. The Seller(s) shall pay the real estate
commissions, if any are due. Full transfer, surrender and possession of the development rights
described above 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.
8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the
County at the date the Less Than Fee Interest vests of record in the COUNTY.
2
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 by mail addressed to the Seller(s)
at the following address:
1068 Gordon Drive
Big Pine Key, FL 33043
and shall be effective upon date of emailing or 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 Section 6 herein.
10. 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. — — -
—11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until August 19, 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 obligation of
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 Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase
within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners.
Seller/ Lynn Gangi Wintermyer
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Buyer/COUNTY: MONROE COUNTY, FLORIDA Cr, m
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KEVIN MADOK, CPA, Clerk / co Q
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Deputy Clerk Sylvia J. Murphy, Mayor
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MONROE COUNTY ATTORNEY'S OFFICE
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