Item J4
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2005
Division: Land Authority
Bulk Item: Yes No l
Staff Contact Person: Mark Rosch
Agenda Item Wording: Approval to purchase Key Largo acreage (RE 90830-000000) for
conservation.
Item Background: This acquisition is proposed pursuant to BOCC Resolution 39-2004, which calls for
the Land Authority to purchase natural areas consisting of at least two acres of upland native habitat
located outside the Conservation and Natural Area. The subject property consists of 3.8 total acres of
land and baybottom, of which approximately 3.2 acres is above mean high water and approximately 2.9
acres is tropical hardwood hammock.
Following initial work to remove solid waste and exotic vegetation from the site, land stewardship needs
for this property are anticipated to be low.
The Executive Director has executed the Land Authority's standard purchase contract for this
transaction, with revisions negotiated by the Seller and approved by the Land Authority Attorney and
the County Attorney. The agenda packet spreadsheet lists the legal description, purchase price, and
estimated closing costs.
Advisory Committee Action: On April 27, 2005 the Committee voted 4/0 to approve this item.
Previous Governing Board Action: Sitting as the BOCC, the Board approved Resolution 39-2004 on
January 21, 2004.
Contract/Agreement Changes: NIA
Staff Recommendation: Approval
Total Cost: $513,218.50
Budgeted: Yes ~ No _'
Costto Land Authority: $513,218.50
Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney -L County Land Steward X.
Executive Director Approval:
Mt. \ fll--
UMark J. Rosch
To Follow:
Not Required:
Documentation: Included:
X
Disposition:
Agenda Item
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2005
Division: Land Authority
Bulk Item: Yes No l
Staff Contact Person: Mark Rosch
Agenda Item Wording: Approval to purchase Key Largo acreage (RE 90830-000000) for
conservation.
Item Background: This acquisition is proposed pursuant to BOCC Resolution 39-2004, which calls for
the Land Authority to purchase natural areas consisting of at least two acres of upland native habitat
located outside the Conservation and Natural Area. The subject property consists of 3.8 total acres of
land and baybottom, of which approximately 3.2 acres is above mean high water and approximately 2.9
acres is tropical hardwood hammock.
Following initial work to remove solid waste and exotic vegetation from the site, land stewardship needs
for this property are anticipated to be low.
The Executive Director has executed the Land Authority's standard purchase contract for this
transaction, with revisions negotiated by the Seller and approved by the Land Authority Attorney and
the County Attorney. The agenda packet spreadsheet lists the legal description, purchase price, and
estimated closing costs.
Advisory Committee Action: On April 27, 2005 the Committee voted 4/0 to approve this item.
Previous Governing Board Action: Sitting as the BOCC, the Board approved Resolution 39-2004 on
January 21, 2004.
Contract/Agreement Changes: NIA
Staff Recommendation: Approval
Total Cost: $513,218.50
Budgeted: Yes ~ No _'
Costto Land Authority: $513,218.50
Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney -L County Land Steward X.
Executive Director Approval:
Mt. \ fll--
UMark J. Rosch
To Follow:
Not Required:
Documentation: Included:
X
Disposition:
Agenda Item
Property
Key Largo Acreage
RE#00090830-000000
(Ettinger)
PURCHASE CONTRACTS
05/18/05
Envr. Audit, Survey,
Purchase Appraisals or Title
Price Clean-up Insurance
$500,000.00 $10,000.00 $2,700.00
Attorney
Fee
$500.00
Recording
Fee
$18.50
Acquisition
Total
$513,218.50
APR-06-2005 03:51
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AGREEMENT FOR THE PURCHASE OF lANDS I
' ~
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....ru. '.t
THIS AGREEMENT i. made and entered into lhi. {y~ day of 'A (1'\
and between ~ 1
.2005, Ie by
Lenny Ettinger and Jackie Ettinger
hereinafter style the SeUer(i), for themselves, their heirs. executors, administrators, succeuors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter,
Hland Authorityj acting by and through the Executive Director ofth@ LAND AUTHORITY.
WITNESSETH:
1. Selti,r(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions
hereInafter set forth, and for the price of $500,000.00 for ail of the lands and other interests,
which lands shall include ail tenements, hereditaments, together with all water and other
easements, appurtenances. and any and all of the Seller's rights in or arising by reason of
ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, Stilte
01 Florida, more particularly described as follows; to-wit:
Acreage parcel at MM 98 on Key Largo
(aee Attachment A for metes and bounds descriptIon)
RE' 00090B30-o00000
2, TheSeller(s) agree that they have full right, power and authOrity to convey, that they Will
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, exeept sUbj&ct to the following ea$ements or reservations:
Existing easement! for canals. ditches, flumes, pipelines, rsilroads. public highways and roads,
telephone, telegraph. power transmission lines and public utilitiea.
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 survay discloses encroachments on the feal property or that
improvements located thereon encroacn on setback lines, easements, lands of others, or violate
anyreatrictions, contract covenantt. or applicable governmental regulations, the SElme shall
constitute Ii 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 ilnd in accordance with law. The
L.AND AUTHORITY shall have sixty (60) days from the effec1ive date in which to examine title. If
title Is found defective, the LAND AUTHORITY shall, within this speeifled time period.
Seller(s) in writing specifying defect(e), If the defect(s} render title unmarKetable the SaUer(s)
have one hundred twenty (120) days from receipt of notice within which to remove the defect(s),
railing which the LAND AUTHORITY shail have the option of either accepting the title as it then is
or rescinding 1he oontract herein: thereupon the LAND AUTHORITY and the Seller(s) shall
one another of all further obllgstions under this Agreement. The Seller(s) will, if title is found
unmarketable, use diligent effort to corract defeeHs) in title Within the time provided therefore.
3. The Seller(s) further agree not 10 do, or suffer others to do, !'!In)' act by which the value or title to
lands may be diminished or encumbered, It is further agreed that any IOS8 or damage
1
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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); ana that, in the event any such los$ 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 jm~trument officers and
accredited agents of the LAND AUTHORITY shall have at atl 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. In the event the LAND AUTHORITY's inspections
damBg& said lands, the LAND AUTHORITY shall repair said damage. Further, the LAND
AUTHORITY shall hold harmless and indemnify the Seller($) from any cause of action by the
LAND AUTHORITY or the LAND AUTHORITY'S agents resulting from said inspections or entering.
upon the lands on behalf of the LAND AUTHORITY. ,'1'''''e $e1l6r(s) hertiby WaiVCl U reir I igM$ to any
-:and all \ilall"!'ls agail.et U,e "-ANn ~IIT""QflITY ur Monroe CeljAty u,eeiated with, er arising from-
,- eWl'\er9l'1i~ Iil" i~id lands BAS t!alia wai..'F ~hall SUn,iv6 c.lo,;ng. __ ""-
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUiHORITY e good a.nd $ufficlent 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 th& rights-of-
way. easements and reservations retained therein, shall be subordinate to and subject to such
rules and regulations as may be presoribed by the LAND AUTHORITY governing the use.
occupation, protection and administration of lands, The LAND AUTHORITY shall prepare the
deed and closing papers for approval by the Seller(s)' attorney and sa!d approval shall not be,
unreasonably withheld.
6. In ccnside/liltion whereo1 the LAND AUTHORITY agrees that it will purchase all of said lands and'
other interests af the price of $500.000.0Q, The LAND AUTHORITY further agress that. after the
preparation, execution, delivery and recordation of the deed. and after the legal counsel of the
LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will
cause to be paid to the Seller(s) the purchali6 price by a check drawn on the account of the LAND
AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the
conveyance of the property: deed recording fees, settlement fees. abstraet fees. title elCaminatJon
fees. the Buyer's attorney's fee., and title Insurance, as well 8S the pro rata share of prepaid real
property taxes allocable to the period subsequent to the vestlng of tllle in the LAND AUTHORITY,
or the effective date of possession of such real property by the same, whichever Is earlier. The
Seller(s) shall pay the &)(penaes of documentary stamps to be affixed to the deed. Full
po&&esslon of the premises shall pass to the LAND AUTHORITY as of the date payment is made
to the Seller(s) subject only to the reservations stated in Section 2 above,
7, It is mutually agreed that an abstr~~, title Insurance policy or othAr AvidAnce of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY any documents in Serler(&)'s possession establishing evidence
of title including, but r'iOt limited to, abstracts, title commitments. title pOlicies and opinions 01 title
8. It shell be the obligation of the Seller(s) to pay all taxes prorated through the closin9 date and
assessments outstanding aa liens at the date title vests of record In the LAND AUTHORITY,
whether or not such taxes and as&e$sments ere then due and payable.
:2
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e, It i$ mutually understood and agreed that notice of acceptance of this agreement shall be given to
the Seller(s} by mail addressed to the Seller(a) at the following addres&:
9321 NW 48(1\ Dora. Terrace
Miami, Fl 33118-2015
and shell be effective upon date of mailing and shall be binding upon all of the Seiler(s) without
sending a separate notice to each, except as such obHgation may be affected by the provisions of
paragraph 6 hereof,
1 a. The property shall be dl!!tlvered at closing free of any tenant or occupancy whatsoever,
11. The effective date of this agreement &hall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this agreement.
12, Tne l.AND 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
materia!tiu 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 ha2:ardous 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 Setll!l!r(s)' sole cost and expense, any ansssmenl, 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: tnereupon the LAND AUTHORITY and
the Seller(s) shall release one another of all further obligations under this Agreement
13. Seller(s) shall have the riGJht to elect in writing to exchange the property for one or more properties
in a transaction intending to qualify as a ta)(-deferred exchange under the provisions of Section
1031(a) of the Internal Revenue Code of the United Statos. The LAND AUTHORITY agrees to
cooperate with Seller(s) and take all reasonable actions neoessary, including the execution of
appropriate documentation, to permit Seller(s) to exchange the property for one or more properties
pursuant to the provisions of Section 1031(a) of the Code, provided that the exchange does not
delay the closing on the property as provided for in this Agreement
14. In the event of any controver!lY, claim or dispute arising under this Agreement, the parties agree to
the jurisdiction and venue of the federal and state courts in Monroe County, Florida and the
prevailing party shall be entitled to recover reasonable attorney's fees and costs, Including
appeals.
3
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P.04
15. If the Seller(s) wish to proceed with this transac1ion, the Seller(!) ha~e until April 8. 2005 to sign
and return this oontract to the LAND AUTHO~ITY. Notwithstanding any provision of this
Agreement to the contrary, this transaction shall close on or before 60 days from the effective data
and said oloslng is contingent upon approval by the LAND AUTHO~ITY Governing Board, 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) and the LAND AUTHORITY have hereunto signed their
names and affixed ineir respective seals.
Seller/ Lenny Ettinger
'1-4 ~j- (52 7 / - 32- - c)f? I-
Date Socia! Security NumDeK
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR, has executed this agreement on behalf of the MONROe COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY this 8th day of __ April , 2005
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
I xecutive Director
4
APR-06-2005 03:56
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P.05
ATTACHMENT A
RE# 00090830-000000
A portion of Lot B, according to the Plat of Government Lots 5 and 6 and the NW Y. of the NW X of
Section 5, and Lots 1 and 2 of Section 6, Township 62 South. Range 39 East, made by George L.
MacDonald and recorded in Plat Book 1, Page 59 of the Public Records of Monroe County, Florida
more particularly described as follows:
From the intersection of the dividing line between Lots 7 and 8, according to said plat recorded in Plat
Book 1, Page 59. and thtol ~uuthea$terly right-of-way line ot Old Stlll18 Road 4A, run southwesterly on
said southeesterly right-of-way lIne a distance of 110 feet to the point of beginning of the parcel
hereinafter d8scribed; thence continue southwesterly along said 60utheasterty right-of-way line a
distance of 225 feet; thence southeasterly at right angles to said southeasterly right-of-way line a
distance of 700 feet more or less to the shore of the Atlantic Ocean; thence northeasterly meandering
said shore to a pOint of intersection with a line which runs southeasterly from the point of beginning
and at right angles to said southeasterly rlght-af-way line; thence northwesterly along said line a
di8tance of 787 feet more or tess to the point of beginning.
TOTAL P.05
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ROCK HARBOR
Mile Marker 98 Island
Ettinger (RE#00090830-000000
Key Largo
Property