02/17/2021 Agreement AGREEMENT FOR THE PURCHASE OF VACANT LANDS
THIS AGREEMENT is made and entered into this 17th day of February,2021, by and between
Randell W.Lacey and Sharren Lacey
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and the
MONROE COUNTY BOARD OF COUNTY COMMISIONERS (hereinafter"County")acting by and through
the County Administrator Roman Gastesi.
WIT ET :
L 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 $475,000.00 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:
See Legal Description in the it Claim Deeds attached as Exhibit"A".
RE#00107310-000100
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:
N/A
The COUNTY,at the COUNTY'S expense,within the time allowed to deliver evidence oftitle 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 COUNTY shall have thirty (30)
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.
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,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 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, casements 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 $475,000.00. The COLM'Y further agrees that,after[tic preparation,execution,and delivery ofthe
deed,and after the legal counsel of the COUM'Y 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 0�'
associated with the conveyance of(lie property: deed recording fees, settlement fees, abstract fees, title
examination fees, the buyer's attorney's fees, and title insurance,as well as the pro rata share of'prepaid real 0
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. ']"lie 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
'7
property, of any, and real estate cornmissions, if any. "u possession—ortTe--premises—,sraIr'pass to the
tDURTY as of the date payment is niade to the Seller(s)subject only to the reservations stated in Section 2
above.
'2
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property h rein
,in
r t
contracted to be sold,satisfactory to the legal counsel of the COUNTY will be obtained by the CC. I
its expense. The Seller(s)expressly agree herein to furnish to the COUNTY any documents in Seller(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 by mail addressed to the Seller(s)at the following address:
c/o Rick Lively
Caldwell Banker Schmidt R.E.CO
120S White Street
Key West,FL 33040
and shall be effective upon date of mailing and shall be binding upon all 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 February 8, 2021 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 Board of County Commissioners of the COUNTY,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 pur c said lands as herein provided.
Sel andall -), Lacey
Signature `ate Phone Number
Seller/ Sharren Lacey
'T 7S
D, e Phone Number
Seller/
Fig-nature Date Phone Number
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its COUNTY
ADMINISTRATOR has executed this Agreement on behalf of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS this_17th day of February_ p ,2021,
MONROE COUNTY
(Seal)
Adwitnistrator
EXHIBIT A
Without Title Examination MONROE COUNTY
David F. KLzwon, P.A. OFFICIAL RECORDS
Attorr&W at Law -3j 83-
6803 Ovm=s&" Highway FILE "L 42�5 *3 3- : 3 4L *3
bft.�&t.hon, rlo=Lda By 33050 PG*
RCD Aug 24 1998 04sOOPM
Paree[H)Numher: 00107310-000100 DANNY L YOLHAGEP CLERV
Grantee#1 TIN: DEED DOC STA14M 490-Qt0
Grantee 42 TIN: DEP CLK
d-% it
0 08/24/1998
cla-im Dueed
This Quitclaim I)eed, made this 13 day of July s 1999 A-D., Between
Frederick L. Covan and D:LaLnm Cc-van, husband and w1re
of the County of Monroe s State of 3rla:r1CLR grantors, and
Randall W. Lacey
whose address is: 106 Nautilus D=Ivof lslamoradar FM 33036
of the County of Kon=oo 9 State of Flori sgrantee.
Witnesseth that the GRANTORS,for and in consideration of the sum of
------------------------ DOF ----------------------- DOLLARS,
and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have
granted,bargained and quitclaimed to the said GRANTEE and GRANTEE'S heirs,successors and assigns forever,the following described land,situate,
lying and being in the County of Mcn= State of rlcv;L" to wit:
A group or Zl-vo Keys or Islands known as the WAXWON BZLZY KZTS in the
Bay or Florida, lying just Nowtherly off the presently marked channel
of the Int-excoastal Wata=Way, W.1anut to Key Wont, at Latitude 24
degrees, 43 minutes, 8 seconds North, Lonqltudo 81 degrees, 32
minutes , 2 seconds Went, in what would be Section 6, Township 66
South, Range 28 Rant, if sum-royed, less so much or the biggest Xmla=d
in this group, conipwLsing 4. 63 acres, =* or loss, =onoxvod an a
Great WhItAs Heron Refugm, Mionvoo County, as vocordmd in the Public
Records or Monroe County, Florida in Official Record Book 708, Page
142 .
MONROE COUNTY
OFFICIAL RECORDS
ToHave sad toHeld the same together with all and singular the appurtenances thereunto belonging or in anywise
appertainin& and all dw estate, right, title, interest, lion, equity and cturn whatsoever of grantors, either in law or equity, for
the use, benefit and profit of the said grantee forever.
In Witness Whereofthe grantors have hereunto set their hands and seals the day and year first above written.
sigae&Soule" livered in our presence:
(sea])
v-:Ld P. 'Iftri;Van �F=od�ez6kk L. Cowan
P.O.Address:lft%Seidenberg Avenue,Key West,FL 33640
(Seal)
1C3. , :Lano Co-van
P.O.Address:181)9 Seidenberg Avenue,key West,FL 33040
STATE OF Flora
COUNTY OF mon3roo
The foregoing instrument was acknowledged before me this 13th day of July ' 1998 by
Frederick T— Co-van amd DIMM46 Covan
who are personally known to we of who have produced their ]rlo=1cLx driver I a license as 1 identification.
My
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mycomnlissi—Expires: 02/02/02
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EXHIBIT A
Doc# 20,10107 12/24/2014 11:47 M
Filed & Recorded in Offs�;tal Records �of
12/24/2014 11:47 M
DEED DOC STAMP CL: Krys
Prepare�nd t-aurn to
Christopher B. Waidera, P.A. Doc# 2010107
11300 Overseas Highway Suite: I Akn 2717 P9N 2312
Marathon, FL 33050
305-289-2223
..... ..,_.. ..... ._.a . l4taoc Above TIris Line Foi-Recorrlreng
Quit Claim Deed
This Quit Claiin Deed made this I11th clay of`December, 2014 between RasndaII W. Lacey, a married ma whose
post office address is 12776 N Road, Loxahatchee:, FL 33470, grantor, and Randall W. Lacey and Sharren Lacey,
husband and wife whose Bost office address is 12776 N Road, Loxahatchee, F1,33470, grantee:
(Whenever used herrin ihe terms "guainot" and "rraQace" im[u& all the partsc to ahts stastrurnein an(I the h6rs, brit representatives, mad assigns of
tredk,kiriah,an i rlr 3ta evs4 r and assigns tWccirportations,trusts and ariiste+:st
Witnesseth, that said grantor, for and in consideration of the sung TEN AND NO/100 DOLLARS 1$10.00)and other gt:aod
arid valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged~ sloes
hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, "interest,
clainn and dennand which graamor has in and to the following described land, situate, lying and being in !Monroe County,
Florida to-wit:
A group of five Keys or islands known as the TARPON BELLY KEYS in the Day of Florida, lying..
just Northerly of the presently marked cha jr)rael of the Intercoastal Waterway, Miami to Key West, at
Latitude 24 degress, 43 minutes, ff seconds forth, Longitude 81 degrees, 32 minutes, 2 seconds West,
in what would be Section 6, Township hh South, Range 28 rust, if surveyed, less so much of the
biggest Island in this group, comprising 4.63 acres:, more or less, reserved as a Creat White Heron
]refuge, Monroe County, as recorded in the Public records of Monroe County, Florida in Official'
Resort] Book 708, Page 142.
Parcel Identification Number, 00107310g000100
The prepaarer of this instrunnerat was neither furnishes] with, nor requested to review, an abstract on the
described property and therefore expresses no opinion as to condition oftitle.
To Have and to ]lids], the sante together with all and singular the appurtenances therelo belonging or in anywise
appertaining, and all the estate, right, title, interest, lien, equity and clarirri whatsoever of grantors, either in law or equity, for
the use, benefit arid profit ofthe said grantee forever.
In Witness Whereof grantor has hereunto set grantor"s hand and sal the day and year first above wrritien,
oubleTim
*c4 2010207
BkN 2717 Pg# 2313
Signed,sealed and delivered its our presence:
Se
witness N iie. Onr)g— CZ Randall W. Lacey
Witnes Marne-
State of Florida
County of Monroe
The foregoing instrument was acknowledged before awe this l01h day of Dr- -r, 2014 by l�andall W. Lacey, who is
personally known or[XI has produced a driver's license as ideZ
INotary Seal] b is
printed Name:
.,.^r ERICA I. DRlG]lt6
My Commission Expires:
�.
e ll'Cfifi�74J ts&ON#EE$55848
EXPIRES Decereber 26,2
ended Y;iru Wa i Public llru
MONR'OE COUNTY
OFFICIAL RECORDS QuaC"f€xarrr C)ea��l-Page 2 DoubleTimft