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BOARD OF COUNTY COMMISSIONERS
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Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
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Craig Cates, District 1
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David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: G.3
Agenda Item Summary #6581
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a contract to purchase Tier 1 property for conservation
— Lot 3, Caribbean Heights, Key Largo.
ITEM BACKGROUND: This acquisition is proposed to protect property rights and the natural
environment and to reduce the County's potential liability for takings suits.
The subject property consists of a 7,700 square foot lot fronting US 1 on the bay side of Key Largo
near mile marker 98. The property has a tier designation of Tier 1 — Natural Area, a zoning
designation of Improved Subdivision, and vegetation consisting of tropical hardwood hammock.
The Southeast Florida Regional Climate Change Compact 50-year sea level rise projection is 14 to
26 inches by the year 2060. In the event of a 36-inch increase in sea level, estimates provided by the
South Florida Water Management District indicate this property will have a less than 25.1%
probability of being inundated. The property qualifies for purchase under the Acquisition List
because it is Tier 1.
The heirs to this property have agreed to sell the property for the price of $25,000. The estimated
closing costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On January 29, 2020 the Committee voted 3/0 to approve
purchasing this property for the price of $25,000.
PREVIOUS RELEVANT BOCC ACTION: The Board has approved the purchase of other
conservation properties in this subdivision.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
L3
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Charles Pattison Completed 02/03/2020 10:03 AM
Kathy Peters Completed 02/03/2020 3:38 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
PURCHASE CONTRACT
02/19/20
Purchase
Property Price Survey
Lot 3 $25,000.00 $0.00
Caribean Heights
Key Largo
Seller: Estate of James J. Leibman and Estate of Rita Leibman
Title Fees &
Attorney
Recording
Total
Insurance
Fee
Fee
Costs
$518.75
$475.00
$35.50
$26,029.25
G.3.a
Aerial Photograph of Subject Property
Lot 3, Caribbean Heights
Key Largo
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Packet Pg. 1201
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2020, by
and between
Estate of James J. Leibman and Estate of Rita Leibman
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the price of $25,000.00 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:
Lot 3, Caribbean Heights (PB 3-129)
RE# 00492850-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY 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 LAND AUTHORITY, at the LAND AUTHORITY'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 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
LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to
examine title. If title is found defective, the LAND AUTHORITY 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 LAND
AUTHORITY's sole remedies shall be to either accept the title as it then is or rescind the
Agreement herein.
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 LAND
AUTHORITY 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
LAND AUTHORITY 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 LAND AUTHORITY 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 LAND AUTHORITY, Monroe 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 LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a
marketable title to the said lands of such character as to be satisfactory to the legal counsel of the
LAND AUTHORITY 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 LAND AUTHORITY governing the use,
occupation, protection and administration of lands. Special warranty deed to be accepted.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $25,000.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, and delivery of the deed, and after the legal counsel of the LAND
AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to
be paid to the Seller(s) the purchase price. The LAND AUTHORITY 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 LAND AUTHORITY, 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 LAND AUTHORITY 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 LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY 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 LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
9. It is mutually understood and agreed that all notices under this Agreement shall be given to the
parties by mail or email transmission via counsel at the following addresses:
For the Seller(s): For the Land Authority:
Ted Klein, Esq. Adele V. Stones, Esq.
8030 Peters Road, Suite D-104 221 Simonton Street
Plantation, FL 33324 Key West, FL 33040
Email: ted@tedlaws.com Email: ginny@oropezastonescardenas.com
2
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
LAND AUTHORITY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until January 31, 2020 to
sign and return this Agreement to the LAND AUTHORITY. This Agreement may be executed in
counterparts and facsimile, pdf or electronic signatures shall be deemed valid and binding.
Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is
contingent upon approval by the Advisory Committee and Governing Board of the LAND
AUTHORITY, failing which the LAND AUTHORITY 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 LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
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 James J. Leibman and Estate of Rita Leibman
By: Barbara Zucker, Heir at Law
Signature
By: Jacoba Lina, Heir at Law
Signature
Date
Phone Number
Date Phone Number
By: Margaret Peppercorn, Heir at Law
Signature
Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 03-2016, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
12020.
(Seal)
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Charles G. Pattison, Executive Director
,C]