Item C2d
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: February 14, 2002
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval to purchase property with Preservation 2000 funds - Ocean Park
Village subdivision.
Item Background: This item is proposed to implement the Tavernier Greenspace project and to
protect property rights and natural resources.
The Tavernier Greenspace project was proposed by the Tavernier Community Association to preserve
natural areas and community character in the Tavernier area. The subject property consists of 3
parcels zoned Improved Subdivision (IS) totaling 1.1 acres in Ocean Park Village subdivision. The
vegetation consists of disturbed hammock, transitional wetlands and mangroves. The property would
be difficult to develop under the County RaGa and wetland regulations.
Funding for this purchase will come from the State's Preservation 2000 program, which will restrict
future use of the property to conservation and public recreation. The attached spreadsheet lists the
legal description, purchase price, and estimated closing costs. The purchase contract, which is
included in the agenda packet, requires conveyance in "as-is" condition and establishes deadlines for
closing (70 days) and Board acceptance (2/16/02).
Advisory Committee Action: On November 29, 2001 the Advisory Committee voted 5/0 to approve
acquiring the property either as a donation or at price not to exceed $90,200.00.
Previous Governing Board Action: On November 21, 2001 the Board approved the purchase of all
other parcels in the Tavernier Greenspace portion of Ocean Park Village and Palma Sola subdivisions.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $ 61,811.00
Budgeted: Yes X
No
Cost to Land Authority: $ 61,811.00 .
Executive Director Approval:
~.
\
OMBIPurchasing
\L
~ark J. Rosch
Risk Management
Approved By: Attorney ~
Documentation: Included: X
To Follow:
Not Required:
Disposition:
Agenda Item LA #2d
Property
Ocean Park Village (PB 4-14)
Block 8, LoIs 11, 12, 13
(Newton)
Purchase
Price
$60,500.00
PURCHASE CONTRACTS
02/14/02
Envr. Audit, Survey
or Clean-up
$500.00
Tille
Insurance
$502.50
1 of 1
Attorney
Fee
$302.50
Recording
Fee
$6.00
Acquisition
Total
$61,811.00
Final, 1/31102
WeL, Jr., P A.
AGREEME~'T FOR THE PURCHASE OF LA.i.~DS
THIS AGREEMENT is made and entered into as of the Effective Date, as hereinafter defined,
by and between
haac E. Newton, Jr., a single man
hereinafter the Seller, for himself, his heirs, executors, administrators, successors, and assigns,
and the Monroe County Comprehensive Plan Land Auihority (hereinafter "Land Authority")
acting by and through the Chainnan of the Land Authority.
WTINESSEm:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the Land Authority, the receipt
of which is hereby acknowledged~ Seller agrees to sell to the Land Authority certain
lands upon the follo\\1ng desr~ribed terms and conditions hereinafter set forth, and for the
price of $60,500.00 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 a11d all of Seller's rights in or arising by reason of ownership
thereunto belonging, mvned by him, situate and lying in the County of Monroe, State of
Flori~ more particularly described as follows, to wit:
Block 8, Lots 11, 12, and 13, Ocean Park Village subdivision (pB 4-14)
RE #446680-000000, 446690-000000, and 446700-000000, subject to all
matten of record, except unpaid real estate taxes, which shall be paid
through the date of closing by Seller (hereinafter "Property").
2. The Seller agrees that he has full right, power. and authority to convey. and that he will
convey to the Land Authority the fee simple title together v.ith access t.loJ.ereto clear, free,
and unencumbered, subject to all matters of record; and existing easements for canals,
ditches, flwnes, pipelines, railroads, public highways and roads, telephone, telegraph,
power transmission lines, and public utilities.
3. The Land Authority, at the Land Aut1.ority's expense, within the time allowed to examine
the title, may have the Property surveyed and certified by a regi~tered Florida surveyor. If
the survey discloses encroachments on the 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 Land Authority shall
have the right within the time allowed to examine the title, to cancel this contract . in
which event the Ten Dollars paid to Seller shall be retained by Seller.
4. The Land Authority shall have sixty (60) days from the Effective Date of this contract to
examine the title, and if the title is not acceptable to the Land Authority, the Land
Authority within the sh."ty.day period shall have the right to cancel this contract, in which
event the Ten Dollars paid to Seller shall be retained by Seller. The Land Authority
agrees to provide Seller with a copy of any title cOlllll1itment or title search \vhich the
Land Authority obtains.
Page 1. of3
Fia.l, 1131102
WCL,Jr.,P.A.
5. The Seller agrees 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
occwing prior to the vesting of title in the Land Authority by reasons of the unauthorized
C'.1tting or removal of products therefrom, or because of fire, shall be borne by the Land
Authorit}" unless, in the event such loss or damage occurs, the Land Authority refuses,
without liability, to accept conveyance of said Property, and elects to terminate the
contract, without any further liability on the part of Seller.
6. The Seller agrees that during the period covered by this Agreement, officers and
accredited agents of t.'1e Land Authority shall have at all proper times the unrestricted
right and privilege to enter upon the Property for all proper and lawful purposes,
including eXamL.'1ation of said lands and the resources upon them. The Seller, at closing,
agrees to waive his 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.
7. The Seller will execute and deliver to the Land Authority a warranty deed conveying to
the Land Authority Seller's interest in the Property.
8. The closing shall occur seventy (70) days from the Effective Date, unless this contract is
canceled by the Land Authority.
9. In consideration whereof, the Land Authority agrees that it will purchase all of the
Property at the price of $60,500.00. The Land Authority further agrees that, at closing, it
will cause to be paid to the Seller 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 Land Authority's attorney's fees, and title insurance. The Seller
shall pay the expenses of documentary stamps to be ~~1Xed to the deed, and all real estate
taxes through the date of closing. The Property shall be sold in its as-'is condition at
closing. Full possession of the premises shall pass to the Land Authority as of the date
payment is made to the Seller, subject only to the resexvations stated in Paragraph 2
above.
10. Within the time for the Land Authority to examine the title, it is mutually agreed that an
abstract, title insurance policy, or oth.er evidence of title to the Property, satisfactory to
the legal counsel of the Land Authority will be obtained by the Land Authority at its
expense.
11. It is mutually understood and agreed that the Land Authority may not assign tins contract.
Page 20f3
Anal. 1131)02
WCL. Jr., P.A.
12. It is mutually understood and agreed that any notice to be given in accordance with this
Agl'eement shall be in ~ting, and given to the Seller or Land Authority by certified mail
addressed to the respective party at the following addresses:
Seller:
William C. Lewis, Jr.
Muller & Lipson, P .A.
9350 S. Dixie Highway, Suite 1550
Miami, FL 33156
305.670-6770, ext. 280
Buyer:
Monroe County Land Authority
1200 Truman Avenue, Suite 20i
Key West, FL 33140
305-295-5180
Attention; Mark 1. Rosch, Executive Director
and shall be effective three business days after the date of mailing.
12. The property shall be delivered at closing free of any tena..'l.t or OCcupancy.
13. The Effective Date of this contract shall be the date this contract is fully executed by both
parties.
14. In the event that tMs Agreement is not executed by the Land Authority by February 16,
2002, and a copy of the executed Agreement provided to Seller by that date, this
Agreement shall be null and void.
IN WITNESS \\'HEREOF, the Seller has hereunto signed his name and affixed his seal On the
day hereinafter set forth.
DA lED:
Ja....-"uary
, 2002
SELLER:
Isaac E. Nevo.ton, Jr.
The Monroe County Comprehensive Plan Land Authority, acting by and through its Ch.a.ilman.
has executed this agreement on behalf of the Momoe County Comprehensive Plan Land
Authority on this day of , 2002.
BUYER:
ATTEST: (Seal)
Monroe County Comprehensive Plan
Land Authority
Mark 1. Rosch, Executive Director
Nora 'Williams, Chairman
D:lwclfiles\filt:s\Ncwcon\New9904Q\Docs\Pinal.l.31.2002 Agreement, Purchase of Lands. doc
Page 3 of3
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ATLANTIC OCEAN
Mile Marker
93
Island
Key Largo
Property
Tavernier Greenspace
Palma Sola and Harris Ocean Park Est., 1st Addition and
Ocean Park Village