02/16/2022 Agreement �t
MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FO PURCHASE
This AGREEMENT made this gift. day of .���t+ , 2022, by and between
Monroe County, a political subdivision of the State of lorida,whose post office address
is 1100 Simonton Street, Suite 205, Key West, FL 33040 (hereinafter referred to as "Buyer")
and Robert James Kinssies and Laura Marie Kinssies.(hereinafter referred to as"Seller(s)"):
1. OFFER AND DESCRIPTION. Buyer agrees to buy, and Seller(s)agrees to sell all of a certain
piece, parcel or lot of land, and for all of the lands and other interests, buildings, structures
and improvements thereon,which lands shall include all tenements, hereditaments, together
with fixtures and Personal Property (as described below), 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 there,situate and lying in the Monroe County, State
of Florida, more particularly described as follows (which will be collectively referred to as
"Property") ;to wit:
LEGAL DESCRIPTION:
Commencing at the Center of Section 25, Township 66 South, Range 29 East, Tallahassee
Meridian, Big Pine Key, Monroe County, Florida; thence South 89° 39' 12" East, along the East
West 1/4 line, 51.08 feet thence South 17° 48' 50" East, 658.52 feet; thence South 89° 39' 12"
East, 110.31 feet; thence South 20° 40' 20" East, 691.28 feet; thence South 04° 06' 48" East,
278.17 feet to the Point of Beginning; thence continue South 04° 06' 48" East along the Easterly
R/W line of Warner Street, 95.11 feet;thence South 89°39' 12"East, 313.78 feet to the Mean High
Water Line of the Gulf of Mexico; thence meandering said Mean High Water Line, North 06° 16'
33"West, 95.44 feet thence North 89° 39' 12" West, 310.27 feet to the Point of Beginning.
PLUS
Commencing at the Center of Section 25, Township 66 South, Range 29 East, Tallahassee
Meridian, Big Pine Key, Monroe County, Florida, as shown on the Plat of VIRGIL S. LOWE
SUBDIVISION, as recorded in Plat Book 3, Page 31, of the Public Records of Monroe County,
Florida; thence South 89° 39' 17' East, along the East West 1/4 line, 51.08 feet; thence South 17°
48' 50" East, along the Easterly right-of-way line of Warner Street, as shown on said plat, 658.52
feet; thence South 89° 39' 12" East, along the Northerly right-of-way line of Warner Street, 110.31
feet; thence South 20° 40' 20" East, along the Easterly right-of-way line of Warner Street, 691.28
feet; thence South 04° 06' 48" East, along the Easterly right-of-way line of Warner Street, 183.06
feet, to the Northwest Corner of those lands described in Official Records Book 1074, Page 656;
thence South 89° 39' 12" East, 306.76 feet, to the Northeast Corner of said lands; thence South
06° 16' 33" East, along the Easterly line of said lands described in Official Records Book 1074,
Page 656, 95.44 feet to the Point of Beginning of the filled bay bottom land hereinafter described;
thence continue South 06° 16' 33" East, along the Easterly line of said lands as described in
Official Records Book 1074, Page 656, 95.44 feet; thence South 89° 39' 12" East, along the
Easterly projection of the South line of said lands, 169.01 feet, to the Mean High Water Line of
Bogie Channel (Gulf of Mexico); thence Northwesterly, along the Mean High Water Line, on the
following two Courses; 1) North 29° 1T 57"West, 78.55 feet 2) North 28° 38'01" West, 30.40 feet;
thence North 89°39' 12" West, 126.23 feet, back to the Point of Beginning.
RE NUMBER: 00110650-000000
ate' ;, � �,
4 ::.t''< MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
Seller(s) must relinquish all development/building rights to the property including but not
limited to any and all allocations legally existing or granted under the MONROE COUNTY's
RATE OF GROWTH ORDINANCE (ROGO). The Seller(s) agree that they have full
right, power, and authority to convey, and that they will convey to the Buyer the fee
simple title together with legal and practical access thereto clear, free and unencumbered,
subject to the following easements or reservations for canals, ditches, flumes, pipelines,
railroads, public highways and roads, telephone, telegraph, power transmission lines and
public utilities.
2. CONSIDERATION. The purchase price for the Property and improvements above described
is $830,000.00 to be paid at dosing, minus any outstanding liens or assessments which are
due and payable at the date of settlement.
3. CONTINGENCIES.
3.1 Seller(s) shall vacate the property within 90 days from the date of this contract or by
the vacancy inspection date, whichever is earlier. If Seller(s) does not vacate the
property,the Buyer shall have the right to void this contract, unless an extension has
been agreed upon, in writing, between Seller(s)and the Buyer. The Property shall be
delivered by Seller(s) at settlement/closing date free of any tenant(s) or occupant(s)
and future tenancies.
3.2 Buyer shall have access to Property and the right to perform any and all inspections
on the Property up until day of closing/settlement date. If Buyer's inspections are not
satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer
shall also have the right to void this contract lithe Buyer's intended use of the property
is a violation of any restrictive covenants on the property that cannot be modified.
3.3 Buyer and Seller(s) acknowledges that this Property is being purchased with U.S.
Department of Housing and Urban Development(HUD)funds that are being allocated
through Florida's Department of Economic Opportunity(DEO)in accordance with the
Voluntary Home Buyout Program. The Seller(s)acknowledges that this contract does
not constitute a guarantee to the commitment of funds or site approval, and that such
commitment of funds or approval is subject to satisfactory completion of an
environmental review, DEO approval of the purchase, and Monroe County, FL Board
of County Commissioner's approval of the purchase, and. The Buyer may terminate
this Agreement at any time if any of the above Contingencies are not met.
3.4 The Seller(s)shall resolve any open code enforcement proceedings prior to closing.
Page2 of 5 I Attachment 4 — Agreement for Purchase
MONROE COUNTY,FLORIDA
''`,:)./ VOLUNTARY HOME BUYOUT PROGRAM
4. TRANSACTION COSTS, Buyer's Transaction. Costs include the appraisal fee,
Buyer's attorney fees, deed preparation, title search charges, survey (if required) and title
insurance, owner's policy, inspections, municipal lien search, and all documentary stamp
taxes and recording fees, if applicable. Seller(s)'s Transaction Costs include deed
preparation and payoff fees. Buyer shall be responsible for Buyer's transaction costs and
Seller(s)'s transaction costs. SeHer(s) shall be responsible for any costs necessary to deliver
a marketable title (including recording of loan and/or lien satisfactions or other fees
needed to cure title). If Seller(s) is represented by a realtor or attorney, the Seller(s) is
responsible for all Seller(s)' realtor and attorney fees. Seller(s)shall furnish to Buyer at
Closing an affidavit attesting to the absence of any financing statement,claims of lien,or
potential lienors known to Seller(s).
5. REAL ESTATE TAXES. Buyer shall be responsible for the pro-rata share of prepaid real
property taxes, including any special taxes, due at the date of settlement/closing. It shall
be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date of settlement/closing, whether or not such taxes and assessments are then
due and payable.
6. ADJUSTMENTS. NONE.
7. CONVEYANCE DATE OF CLOSING/POSSESSION. Conveyance will be made subject to all
easements and covenants of record (provided they do not make the title unmarketable or
prohibits Buyer from its desired use of the property) and to all governmental statutes,
ordinances,rules,and regulations_The Seller(s)expressly agree herein to furnish to the Buyer
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.Seller(s)agrees
to convey by marketable title with a general warranty deed,free of encumbrances. The deed
will be prepared by the Closing Attorney in the name of Monroe County,_FL, or as
otherwise stipulated by Buyer, and delivered to stipulated place of dosing. Closing Attorney
shall be authorized to disburse the sales proceeds at the time of settlement. This transaction
will be closed on or before 90 days of the signing of this contract unless an extension has been
agreed upon between Seller(s)and the Buyer.
8. FIXTURES AND PERSONAL PROPERTY. At the time of closing/settlement date, this sale
includes all property,fixtures, equipment and improvements of any kind left on the
premises. Personal property, such as fixtures, can be removed from the property prior
to Vacancy Inspection so long as this removal does not cause health or safety concerns on
the premises.
9. EXPIRATION OF OFFER. This offer from Buyer will be withdrawn at 5 o'clock PM.
(Eastern Time) on January 11, 2022 unless accepted or countered by Seller(s) in written
form prior to such time. If Seller(s) requires an extension to the time and date stated above
to accept or counteroffer the offer presented by the Buyer, a written request with
reasoning needs to be submitted to and approved by the Buyer prior to the expiration date.
10.TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this
contract that stipulate a specific period of time for performance. Failure of Seller(s)
to complete any provision of this contract within the stipulated period of time for
completion of the provision will constitute,where applicable,a default of this contract.
Page 3 of 5 I Attachment 4 — Agreement for Purchase
. �: MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
11.SURVIVAL. If any provision herein contained which by its nature and effect is required to be
observed, kept or performed after closing, it will survive-the-closing and remain binding upon
and for the Parties hereto until fully observed kept or performed.
12. ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the
Certificate of Removal of Personal Property and Abandonment, the Subrogation Agreement,
Right of Entry, Hold Harmless and Indemnification Agreement, and Certificate of Vacancy
Inspection supersedes any and all understandings and agreements between the parties and
constitutes the sole and entire agreement between the parties. No oral agreement or
representations prior hereto shall be included herein unless set forth in writing.Any change to
this contract shall be in writing.This agreement shall be constructed in accordance with the laws
of the State of Florida. It is understood by the parties that this agreement is subject to Chapter
119, Florida Statute regarding Public Records Law.
13.EFFECTIVE DATE The effective date of this Agreement shall be that date when the last one
of the Seller(s)and the Buyer has signed this Agreement.
Warning: Any person who knowingly makes a false claim or statement to HUD
may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31
U.S.C. 3729.
Page 4 of 5 I Attachment 4 — Agreement for Purchase
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Vic' .. "I.
,. MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
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
hereinabove acknowledge as received,have and do hereby grant unto the Buyer or its authorized
representative, or any other office or agent of the Buyer authorized to purchase said lands, the
option and right to enter into this Agreement and to purchase said lands as herein provided.
Seller/Robert James Kinssies,as Trustee for the Robert James Kinssies Revocable
Living Trust dated July 25,2007
14-u57-6 /4Jf)9Ze- j-7C;0--64(‘1(
ign re Date Phone Number
Seller/Laura Marie Kinssies,as Trustee for the Laura Marie Kinssies Revocable Living
Trust dated July 25, 2007
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Signature Date Phone Number
Buyer/COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
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Page 5 of 5 1 Attachment 4 — Agreement for Purchase