Item C3
lAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: January 18, 2001
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval of a contract to purchase 629 Caroline Street in Key West In
partnership with the Bahama Conch Community Land Trust.
Item Background: The City of Key West has nominated this five-apartment conch house for purchase
by the Land Authority in partnership with the Bahama Conch Community Land Trust (BCCL T) as an
affordable housing site. The property is encumbered with a life estate in favor of Auwina Weed, who
presently lives in one apartment and manages the other four apartments for the overseas owner.
Following acquisition of the property, Ms. Weed has agreed to continue serving as the property
manager. The proposed sequence of events for this acquisition is as follows: 1) the Land Authority will
purchase the property, subject to Ms. Weed's life estate; 2) at closing, the Land Authority will convey
the property to BCCL T and impose affordable housing deed restrictions; 3) Ms. Weed will serve as
BCCL T's on-site property manager, receive title to the structure from BCCL T, and enter into a ground
lease with BCCL T requiring that she maintain the structure and rent out four of the apartments as
affordable housing; and 4) upon Ms. Weed's death, title to the structure will revert to BCCL 1. The
Board's action on this agenda item will only approve step 1 and the closing will be contingent upon
additional Board action at a future date approving conveyance of the property to BCCL 1.
Funding for this purchase will come from the tourist impact tax collected in Key West. The property's
tax folio number, purchase price, and closing costs are included in the agenda packet spreadsheet.
Advisory Committee Action: This item will be considered at the January 11, 2001 Advisory
Committee meeting.
Previous Governing Board Action: On February 10, 1999 the Board approved adding this property
to the Acquisition List.
Staff Recommendation: Approval.
Total Cost: $ 373,881.00
Budgeted : Yes
No
Cost to land Authority: $ 373,881.00
Executive Director Approval:
OMB/Purc~ _
~.~ 1-~
ark J. Rosch
Risk Management
Approved By: Attorney ~
Documentation: Included: X
To Follow: X
Not Required:
Disposition:
Agenda Item LA #3
Property
629 Caroline Street
RE #00000920
Storm van Leeuwen
Purchase
Price
$370,000.00
PURCHASE CONTRACTS
01/18/01
Envr. Audit, Survey
or Clean-up
N/A
Title
Insurance
$2,025.00
Attorney
Fee
$1,850.00
Recording
Fee
$6.00
Acquisition
Total
$373,881.00
RESOLUTION NO.
UO-J8
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, NOMINATING TO THE
MONROE COUNTY LAND AUTHORITY FIVE PROPERTIES
FOR AFFORDABLE HOUSING; PROVIDING FOR AN
EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
section 1:
That the following five properties are hereby
nominated on behalf of the Bahama Conch Community Land Trust for
consideration by the Monroe County Land Authority for purchase for
affordable housing: 629 Caroline street, 907-909 Emma Street, 315
Virginia Street, 1018 White Street, and 812 Carsten Lane
section 2: That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this
19TH
day of
JANUARY
, 2000.
Authenticated by the presiding officer and Clerk of the
commission on
JANUARY 20
, 2000.
Filed with the Clerk
, 2000.
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this
and between
day of
, 2000, is by
Willem Storm van Leeuwen
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 Chairman of the LAND AUTHORITY.
WITNESSETH:
1. In consideration of One Dollar ($1.00) 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 $370,000.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all
water and other rights, easements and appurtenances thereunto belonging, owned by them,
situate and lying in the County of Monroe, State of Florida, more particularly described as follows;
to-wit:
629 Caroline Street in Key West, particularly described in Attachment A
RE# 00000920-000000
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 contract 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.
1
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 contract 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 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.
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 $370,000.00. 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. 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
2
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 contract.
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.
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:
J. Haydnlaan 57
2324 AR Leiden
The Netherlands
Phone: 011-31-71-576-7845
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. Except for the warranties and representations contained in this Agreement, the parties agree that
the property is being purchased in its "as is" condition.
12. In the event of litigation arising out of this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs.
13. The parties represent and warrant, each to the other, that they have not employed or contracted
with any real estate broker.
14. This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida. If litigation becomes necessary, the parties agree that venue will be proper in Monroe
County, Florida.
15. The parties acknowledge title to the property is currently encumbered with a life estate in favor of
Ms. Auwina Weed, said Stipulation and Agreement being dated July 26, 1990. Notwithstanding
the provisions of Paragraph 2 above, the LAND AUTHORITY agrees to accept title subject to this
life estate and the leases of tenants currently occupying the property.
16. The closing of this transaction is contingent upon a simultaneous transfer of title to the Bahama
Conch Community Land Trust of Key West Inc. following the LAND AUTHORITY'S imposition of
affordable housing deed restrictions. In event the LAND AUTHORITY determines, at the LAND
AUTHORITY'S sole discretion, that Bahama Conch Community Land Trust of Key West Inc. is
unwilling to accept title with said restrictions, the LAND AUTHORITY shall have the right to
terminate this contract with no further obligation to the Seller(s).
17. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until January 2, 2001 to
sign and return this contract to the LAND AUTHORITY.
3
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written, with the understanding that this Agreement for Purchase cannot
be executed by the LAND AUTHORITY until after it is reported to it for its consideration, and therefore
the Seller(s) for and in consideration of the One Dollar ($1.00) 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 LAND
AUTHORITY, and to purchase said lands as herein provided.
,2000
Sellerl Willem Storm van Leeuwen
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY this day of , 2001.
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Mark J. Rosch, Executive Director
Nora Williams, Chairman
4
C3
is:~
Oeo
...J
u..
UJ
~
J7~~
Sig
<(
o
is:
o
....J
u..
u..
o
en
l::
~
t;
UJ
Q~
0:::.::
:::>
o
:eo
:s-
::Sll)
:&
L!fe E\.tate Appraisal Report
629 Caroline Street, Unit /I 5, Key West, FL
PLAT MAP
~
~
1~~.
JAMES EDWIN FELTON 'ffiUSTEE
1 . o.
. '---.
. ~M
,
.
I
1--________ -
------, ,
I
STRUNK LUM8E~ YARD, INC.
~----------_.~----~----
I ~
REI 29 ;.,
31.6' I ~
-.:;;:)
~
N I
-------,
I
,.-.. I
e N___&:r.+l\Jl>Jl(-iLUM8ER YARD. INC.
,
I 130'
------ --r--- ---
I
I
RB 24
I
I
I
I
I
74' I GT .10"
-----r-,-------
I I
1 :
I I
I I
I I
I I
I :
I I
1 I
I I
I I 86'.5"
001
.0
560.6"
RE 2/
r~8'
)11.8
5S '0'
.8.4'
- ~
,
o
'..
.,
;;;
K(K'<T)4 II. K[JIN:TH a.
. ..
C"f'N~lANO<<:I..SC'l'NTHIANO<lLS"'""
$.ANOt4JSL"t $.UOKUS()oI'"
.;,
-... RE38 RE31'
57.3' 55 .f'
~
4-
CITY OF KEY WEST
r ,,--,--,
I , L..._
.. " " " ,- - ,-
oJ .... "-
I .... "- "- "-
3 I, .... "- "- "-
, "-
I , .... "- "- "-
" "' "-
k " "- "- "
RE 72082'-003800 "- "- "-
I""" "- "- "-
I" " "- .... "- "- "-
.. ':S"7.14: " ....
-----1------
GARY E.MOORE
<> a
~ CLARA L.MOORE
RE39
...
11)'
113'
55'
S1tAoO
93..3"
<<Xl.r02
..,.
ZOI
6Il
& 14 51' 51e.
45_5 U-I 51-I"
DAVID B ''';~ g MARGAR
FORD m-15';' MARY
2i ~ SKOKO
~ '" c: RE9S
2
...
r'l -f IJ ~ ,. -J
;u '" !:
620 30'
4~.'O- 0/., 1
'l-'
'-1...1
'-'-1
r.:-q
'l-'
c.. ft'CMARO .
KA't'I-I...[[N M. ~
SO"ON(
.
H
'D.
GI'
L1JCILLE SANCH
~
KEY WEST
HAND PRINT
FABRICS LTD.
3
n'.,-
~
..
o
..
..
2 ~
...,0 r: ",'PE" DeED
-:
c
c
USA A. WEYMOUTH
e. PETER WEYMOUTH
,..-------
I
I
,I
=:
I
IS'I
RE9 B 'RE97
67'.6" 6 7'.&-
... c) -( r) (' r' -S.
~ J J).t:.t: ~~
':'0 '2'4 S)O a:
l'
::L::
~
:N
-c.
E"'
4).z~
RE99
RE94
;;
5"
101-01'
r.=::
. ~
0,
"e
. D E 1...
~
GREGem' B.
SCKll.J'UlSl:-.
. (TUX "\
; REI21 "PATRICIA
~..1,'" 1":'" T. MAJOR
:":'~; .
-;~~:::
~~,;; REI22
~~~~~00l 36'.6"
:)1) H.'
C) n<: $ALnw.<T<:Jl
" .t.Hl;l.[R.INC.
~ - REI02
RE 112 - c:: MARIO P,
0 ;. --:-~:rflr.ES
C) REIOS
~".b ::: S CYPRESS
0
0 J, FOSTER HOUSE
3: INC.
.", MEAGHER
"'I- ~kl - -- - -
: >-1- i;
11::0 -CYPRESS
<0.. HOUSE
:;z;'" '0 INC.
REIIO REI09 so' ~
,..... R/" 9]'
". ."
67
AGNES H.
DE POO
..to "4
67
AGNES H.
DE POO
...
5''''
GERALD E
EDWARDS
-:--.
FRu,,'O)
C.
PIAC1I!U1.O
PA1Rlo{. a DIANE F:
C~EE
---- .0
~ ..
'-'-1
'L:l:)
'"
..
..
..
30."
R/w
REIOI REIOO RE89 RE66 RE 66
, .0" 100'
zZ' ""'.9S' ANNE J.
), ....
RA'l'MCHD S. Z B..... a :l DOLORES CRAMER.
,1 ~:r) ~..J UNOA RAHOAZZO a
CRACE WILlF.,.
L! :J:-'
1-- STORM
. <I- : VAN ".
0011 l! i.EaIWEIf
-~ .
REI03 .ffE.90 R(91 ; RC: 65 RE9~
Of' 6$-OS' ".. . .
'0' ,..
r) -f 11 f f 1
~
~
~
-'-1
:c:::
-1
'-'1..1
50'
R'"
Appraisal Company of Key West, Inc.
Page 24