11/20/2019 Agreement td!!.?? r,1 11
oQ6°� Kevin Madok, CPA
, . : ;
. Clerk of the Circuit Court& Comptroller—Monroe County, Florida
•
DATE: November 26, 2019
TO: Kathy Peters, CP
County Attorney's Office
Ar
FROM: Pamela G. Hanco(Et .C.
SUBJECT: November 20th BOCC Meeting
Attached are electronic copies of the following items for your handling:
R2 2nd Amendment to Professional Services Agreement between Monroe County and the
law firm of Allen Norton&Blue, P.A.,which provides outside counsel representation to the
County in labor and employment law matters.
R6 Contract with Ross B. &Patricia M. Howes to purchase a less than fee interest in Block
5, Lots 21 and 22, Doctors Arm First Addition (PB 4-149) with parcel numbers 00311790-000000
and 00311800-000000 and a purchase price of$86,700.00 for density reduction purposes.
Also attached is a copy the following item executed by Bob Shillinger, County Attorney:
R4 Conflict waiver from Jolm J.Wolfe, the law firm of Wolfe/Stevens, for a potential
conflict of interest related to a real estate transaction involving the County and Fisherman's Health,
Inc.; and authority for the County Attorney or his designee to sign the conflict waiver letter.
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 LESS THAN FEE INTEREST IN LANDS
0
THIS AGREEMENT is made and entered into •this .�� day of 4-Zerx-Z..1":', 2019, by
and between
Ross B. Howes and Patricia M. Howes
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA(hereinafter"COUNTY").
WITNESSETH: V
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: —
Block 5, Lot 20, Doctors Arm First Addition (PB 4-149)
RE#00311780.-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:
Block 5,,Lots 21 and 22, Doctors Arm First Addition (PB 4-149)
RE#00311790-000000 and 00311800=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 $86,700.00. 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 &sE 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- inst#ument officers and
accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and
privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including
examination of the Secondary Parcel and the resources upon it. Nothing herein 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 $86,700.00. 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
4. t "
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: f
57 Davis Trail RR 3
Thornton, ON LOL 2N0
CANADA
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 Sellers)wishestaproceed with this transaction, the Seller(s),have until November 1, 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/Ross B. Howes 7�-2..;-7-1-7 '
,- / ,,, , <_,-- --y:,,t,,,t,--ezt d62-29/7 Pricyhir.-...5. 42.-P
✓
Signature Date Phone Number Email Address
6e..›Gn,./..„
Seller/Patricia M. Howes
Deceased '
Signature Date Phone Number Email Address
a -11
Buyer/COUNTY: MONROE COUNTY, FLORIDA 1 .. PE �-`"_
KEVIN MADOK, CPA, Clerk cam-, , .rcr,: . o
By:
� (--).
ir.
+ ,1 � a§ rk Heathe . Ca hers, Mayor `� C
r4 '— � . Date: Mn ^�`"4- Z°,zo 19
t� % F P11J
3
.ol�'— o-
V,;,4. ,, MONROE COUNTY ATTORNEYS OFFICE
, "' APPROVE TO FOR(
PAUNECE SCULL
ASSISTANT COUNT(ATTORNEY
DATE: /// /Z//P