Item R3
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21. 2002
Division: County Administrator
Bulk Item: Yes _X_ No
Department:
AGENDA ITEM WORDING: Approval of a contract to purchase a conservation easement in
Largo Sound Village subdivision and approval of resolution transferring funds.
ITEM BACKGROUND: The Largo Sound Village Homeowners Association has been leasing Block
5, Lot 7, Largo Sound Village subdivision to provide community open space. The subject lot is zoned
Improved Subdivision and the Board has directed staff to pursue the purchase of a conservation
easement as a means of retiring the lot's residential development right. The lot was recently purchased
for $32,000 by Largo Sound Village, Incorporated, a non-profit corporation formed by members of the
homeowners association. Under the proposed contract, the County would purchase a conservation
easement from Largo Sound Village, Incorporated for $16,000. The conservation easement would
prohibit construction of dwelling units and enclosures, prohibit the transfer of development rights, and
require the property to be maintained free of invasive exotic vegetation. Due to the property's zoning,
a conditional use approval will be required should the property owner wish to construct park
improvements.
PREVIOUS RELEVANT BOCC ACTION: On May 15,2002 the BOCC directed staff to pursue the
purchase of a conservation easement on this property.
CONTRACT I AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $17.456.00
COST TO COUNTY: $17.456.00
REVENUE PRODUCING: Yes
BUDGETED: Yes
No
x
No X
AMOUNT PER MONTH
YR
APPROVED BY: County Atty l OMS/Purchasing ---X-
Risk Management _X_
--./~Jl~-
James L. Roberts, County Administrator
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
X
To Follow
Not Required
AGENDA ITEM # ~
DISPOSITION:
Revised 2/27/01
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:
CONTRACT SUMMARY
LCY~ ~j,Irv(
\ I ...,....,.,. Contract #
V i ,'OLf ; ~w--.
l) Effective Date:
Expiration Date:
Contract Purpose/Description: 1
V\ r' ') (J J;,- t-Pj...., er \.k1 'h't:h
VA'\-+ '
Contract Manager: h.. k.~ ~ t.k
(Name)
5180
(Ext. )
fA A~:
(Department/Stop #)
for BOCC meetin on
A enda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ \ -, }-L"'Sln U0Current Year Portion: $
Budgeted? YesD No 1.81 Account'Codes: _-_-_-_
Grant: $ _-_-_-_
County Match: $ _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, ianitorial, salaries, etcJ
CONTRACT REVIEW
Changes ~ Date Out
Date In Needed , ~e
Division Director ~-.)..--. ~ YesD N~ ~~ _ r/-~ L.-.n.-
Risk Management YeSDNo~j;;Lv O~~V
O.M.B./Purchasing ~\'b\ 0), Yes~oD
County Attorney ~.. ~ _cO 'Z YesD No~
Comments:
r'{'<~" \'l'~~'
OMB Form Revised 2/27/01 MCP #2
AGREEMENT FOR THE PURCHASE OF CONSERVATION EASEMENT
THIS AGREEMENT is made and entered into this
and between
day of
, 2002, is by
Largo Sound Village, Incorporated, a Florida non profit corporation
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY (hereinafter, "County") acting by and through the Chairman/Mayor
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS.
WITNESSETH:
1. 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 the conservation easement
identified in Attachment A (hereinafter "Conservation Easement") upon the terms and conditions
hereinafter set forth, and for the price of $16,000.00, on lands owned by them, situate and lying in
the County of Monroe, State of Florida, more particularly described as follows; to-wit:
Block 5, Lot 7, Largo Sound Village subdivision (PB 4-92)
RE# 00474750-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the COUNTY the Conservation Easement together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
Existing easements of public record for canals, ditches, flumes, pipelines, railroads, public
highways and roads, telephone, telegraph, power transmission lines and public utilities.
The COUNTY, at the COUNTY'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) warrant that they possess 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 sixty (60) days from receipt of an acceptable environmental
site assessment 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), failing which the COUNTY shall have the option of either accepting
the title as it then is or rescinding the contract herein; thereupon the COUNTY 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
1
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 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 COUNTY 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 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
COUNTY the Conservation Easement conveying to the COUNTY a safe 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, easements 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 the Conservation Easement at
the price of $16,000.00. The COUNTY further agrees that, after the preparation, execution,
delivery and recordation of the easement, and after the legal counsel of the COUNTY shall have
approved the title thus vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase
price by a check drawn on the account of the COUNTY. The COUNTY 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. The Seller(s)
shall pay the expenses of documentary stamps to be affixed to the Conservation Easement and
the removal of trash and debris from the property, if any. The Conservation Easement interest
shall pass to the COUNTY 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 COUNTY will be obtained by
the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY 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 COUNTY may assign this contract.
9. 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:
PO Box 2017
Key Largo, FL 33037
Phone: 853-2644
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.
2
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. 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.
12. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until August 15, 2002 to
sign and return this agreement to the COUNTY.
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 COUNTY until after it is reported to it for its consideration, 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
purchase said lands as herein provided.
Largo Sound Village, Incorporated
Seller/
,2002
By: Johnny T. DeBrule, President
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
CHAIRMAN/MAYOR, has executed this agreement on behalf of MONROE COUNTY this day
of , 2002.
ATTEST:
DANNY L. KOLHAGE, CLERK
MONROE COUNTY
(Seal)
By: Deputy Clerk
Charles McCoy, Chairman/Mayor
Monroe County Board of County Commissioners
3
4PPROv.
D G cD 4s TO FO
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C'y
A'ITAClIMENT A
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 2002, by
Largo Sound Village, Incorporated, a Florida non profit corporation whose address is PO Box
2017, Key Largo, Florida 33037, as Grantor, to Monroe County, a political subdivision of the
State of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, as Grantee.
Recitals
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, more particularly described as Block 5, Lot 7, Largo Sound Village
Subdivision, according to the plat thereof as recorded in Plat Book 4, Page 92 of the Public
Records of Monroe County, Florida.
B) This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute
along with applicable laws of the State of Florida.
1. Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee the easement
described below.
2. Easement area.
The location of the easement area on the servient estate is as follows: all of Block 5, Lot
7, Largo Sound Village Subdivision, according to the plat thereof as recorded in Plat
Book 4, Page 92 of the Public Records of Monroe County, Florida.
3. Restraints imposed by the conservation easement.
The conservation easement granted by this instrument imposes the following restrictions
on the future use of the servient estate within the easement area:
a) No construction of dwelling units or other enclosures. For the purpose of this
conservation easement, dwelling unit shall be defined as a self-sufficient room or
combination of rooms designed for or used as a residence by a single housekeeping
unit.
b) No transfer of development rights to or from the easement area.
c) No suffering, permitting, or allowing invasive exotic species such as Australian pine
(spp. Casuarina) or Brazilian pepper (Schinus terebinthifolius) to exist.
4. Terms and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present
and subsequent owners and mortgagees of the servient estate. Grantor represents that
the mortgagee(s), if any, whose consent is attached hereto, is (are) the only
mortgagee(s) having a security interest in the servient estate.
5, Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
1
6. Attorney's fees.
In the event of any controversy, claim or dispute arising under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
7. Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's
compliance with this Grant of Easement.
8. Notice.
Any notice provided for or concerning this grant of easement must be in writing and is
sufficiently given when sent by certified or registered mail, or via an equivalent service
furnished by a private carrier, to the respective address of each party as set forth at the
beginning of this Grant of Easement.
IN WITNESS WHEREOF, each party to this Grant of Easement has caused it to be executed on
the date in the first sentence of this Grant of Easement.
Largo Sound Village, Incorporated
Witness Signature
By: Johnny T. DeBrule, President
Printed Signature
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this _ day of , 2002, before me, an
officer duly qualified to take acknowledgments, personally appeared Johnny T. DeBrule, to me
known to be the person described in and who executed the foregoing instrument and
acknowledged before me that he executed the same. Driver's Licenses shown as identification
or personally known.
Notary Signature
SEAL
Printed Notary Signature
My Commission Expires:
2
Property
Largo Sound Village (PB 4-92)
Block 5, Lot 7
(Largo Sound Village, Inc.)
Purchase
Price
$16,000.00
PURCHASE CONTRACTS
08/21/02
Envr. Audit, Survey
or Clean-up
Title
Insurance
$1,000,00
$200.00
1 of 1
Attorney
Fee
$250.00
Recording
Fee
$6,00
Acquisition
Total
$17,456.00
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Resolution No. - 2002
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County,
Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year
2002, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2002 as, hereinafter set forth to
and from the following accounts:
Fund #304 - 1 Cent Infra Surtax
Project # PE0203 - Conservation Easement
From: 304-5900-85532-590990
Cost Center # 85532 - Reserves 304
For the Amount: $17,500.00
To: 304-5430-23000-56061 0-PE0203-56061 0
Cost Center # 23000 - Physical Environment
Other Uses
Capital Outlay - Land
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon
receipt of the above, is hereby authorized and directed to make the necessary changes of
said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21 st day of August AD 2002.
Mayor McCoy
Mayor Pro Tem Spehar
Commissioner Nelson
Commissioner Neugent
Commissioner Jimenez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
MayorlChairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
fund 304 08/12/2002 Page 1
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ADDENDUM TO AGREEMENT FOR THE PURCHASE OF CONSERVATION EASEMENT
This Addendum shall be made a part of the Agreement for the Purchase of Comservation Easement
on lands described as Block 5, Lot 7, Largo Sound Village subdivision (PB 4-92) by and between
Largo Sound Village, Incorporated, a Florida non profit corporation and Monroe County.
1. This transaction is contingent upon the Mortgagee subordinating at closing Mortgagee's imo(os. ..:.
that certain mortgage dated August 6, 2002 and recorded August 7, 2002 in OR Book 1805 at
Page 1701 in the public records of Monroe County, Florida by and between Largo Sound Village,
Incorporated, a Florida non-profit corporation as Mortgagor and Johnny T. DeBrule and Gail
De8rule (husband and wife) as Mortgagees.
2. All notice to Seller(s) shall be given by certified mail.
3. Expenses to be paid by the County shall also include the expense of an environmental site
assessment if desired and/or required by the County.
Largo Sound Village, Incorporated
Seller/
A 0-'J J.- ,,\- \ l.....o
.I 2002
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
CHAIRMAN/MAYOR, has executed this agreement on behalf of MONROE COUNTY this day
of I 2002.
ATTEST:
DANNY L. KOLHAGE, CLERK
(Seal)
MONROE COUNTY
By: Deputy Cieri<
Charles McCoy, Chairman/Mayor
Monroe County Board of County Commissioners
115
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