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Item E2bLAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: August 21, 2013 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295 -5180 Agenda Item Wording: Approval of contracts to purchase property for conservation - Big Pine Key Acreage RE #00111078- 000401 and 00111078-000700. Item Background: This acquisition is proposed to protect property rights and the natural environment and to provide mitigation land in support of the Big Pine Key Habitat Conservation Plan. The subject property consists of two adjoining parcels totaling three acres fronting US Highway 1 on the bay side of Big Pine Key near mile marker 30. The property has a tier designation of Tier 1 — Natural Area, a zoning designation of Suburban Commercial, and vegetation consisting of pineland habitat. The property is also located within the Lower Keys marsh rabbit buffer area identified in the Habitat Conservation Plan. The Southeast Florida Regional Climate Change Compact 50 -year sea level rise projection is 9 to 24 inches by the year 2060. In the event of a 24 -inch increase in sea level, estimates provided by the South Florida Water Management District indicate a small portion of the property (about 11,000 square feet) will have a 25.1 % to 74.9% probability of being inundated. The owners have agreed to sell the property for $240,000. The estimated closing costs for this transaction are listed in the agenda documentation. Advisory Committee Action: On July 31, 2013 the Committee voted 3/0 to approve purchasing this property for the price of $240,000. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this area of Big Pine Key. Contract /Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 246,318.50 Indirect Cost: $ Budgeted: Yes X No Cost to Land Authority: $ 246,318.50 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Property Purchase Price PURCHASE CONTRACT 08/21/13 ESA & Title Attorney Recording Survey Insurance Fee Fee Total Costs Big Pine Key acreage $240,000.00 $4,400.00 $1,400.00 $500.00 $18.50 $246,318.50 RE# 00111078 - 000401 and RE# 00111078 - 000700 Seller: William S. Pegg and Joe H. Pegg NT MR 4 dIIIIIIIIIII I m AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of , 2013, is by and between William S. Pegg and Joe H. Pegg hereinafter style the 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 $240,000.00. 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: Two Big Pine Key parcels described by metes and bounds in Exhibit A. RE# 00111078 - 000401 and 00111078 - 000700 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 receipt of an acceptable environmental site assessment 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), failing which the LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY 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 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. 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 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 agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY 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 waive their rights to any and all claims against the LAND AUTHORITY or Monroe 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 LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe 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. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $240,000.00. The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation 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 by a check drawn on the account of the LAND AUTHORITY. 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 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 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 is mutually understood and agreed that the LAND AUTHORITY 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 LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 2 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: 1050 Sandy Bluff Road Nashville, GA 31639 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. 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 LAND AUTHORITY has signed this Agreement. 13. The LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to conduct an environmental site assessment to determine the existence and extent, if any, of any hazardous materials on the property. For the purposes of this Agreement, "hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any environmental law. If the environmental site assessment identifies the presence of hazardous materials on the property, the LAND AUTHORITY shall, within this specified time period, notify Seller(s) in writing of the findings. The Seller(s) will then have one hundred twenty (120) days from receipt of notice within which to pursue, at Seller(s)' sole cost and expense, any assessment, clean -up, and monitoring of the property necessary to bring the property into full compliance with any and all applicable federal, state or local laws, failing which the LAND AUTHORITY shall have the option of either accepting the property as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. [There remainder of this page is blank.] 3 14. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until August 30, 2013 to sign and return this Agreement to the LAND AUTHORITY. 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 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/ William S. Pegg Signature Date Phone Number Seller/ Joe H. Pegg Signature Date Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09 -2004, has executed this Agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of , 2013. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director D EXHIBIT A Legal Description A tract of land in the Southwest Quarter of the Northeast Quarter of Section 26, T.66S., R.29E., on Big Pine Key, Monroe County, Florida and being more particularly described by metes and bounds as follows: COMMENCING at the intersection of the West Line of the Southwest Quarter of the Northeast Quarter of Section 26, T.66S., R.29E., and the Centerline of U.S. Highway No. 1 bear South 89 degrees and 52 minutes East, 33 feet; thence bear North 50 feet to the North right -of -way line of U.S. Highway No. 1; thence bear South 89 degrees and 52 minutes East, along said North right -of -way line of U.S. Highway No. 1, 208.71 feet to the POINT OF BEGINNING of the tract of land hereinafter described; from said POINT OF BEGINNING, continue bearing South 89 degrees and 52 minutes East along the North right -of -way line of U.S. Highway No. 1, 208.71 feet; thence bear North, 417.42 feet; thence bear North 89 degrees and 52 minutes West, 208.71 feet; thence bear South, 417.42 feet, back to the POINT OF BEGINNING, containing 2.0 acres. AND A tract of land in the S.W. 1/4 of the N.E. 1/4 of Section 26, T.66S., R.29E., on Big Pine Key, Monroe County, Florida and being more particularly described by metes and bounds as follows: COMMENCING at the intersection of the Centerline of U.S. Highway No. 1 and the West Line of the S.W. 1/4 of the N.E. 1/4 of Section 26, T.66S., R.29E., bear South 89 degrees and 52 minutes East, 33 feet; thence bear North 50 feet to the point on the North right -of -way line of U.S. Highway No. 1; thence bear South 89 degrees and 52 minutes East, along the North right -of -way line of U.S. Highway No. 1, 417.42 feet to the POINT OF BEGINNING of the tract of land hereinafter described; from said POINT OF BEGINNING, continue bearing South 89 degrees and 52 minutes East along the North right -of -way line of U.S. Highway No. 1, 104.36 feet; thence bear North, 417.42 feet; thence bear North 89 degrees and 52 minutes West, 104.36 feet; thence bear South 417.42 feet, back to the POINT OF BEGINNING, containing 1.0 acre.