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02/16/2022 Agreement �� MONROE COUNTY,FLORIDA ')`' VOLUNTARY HOME BUYOUT PROGRAM AGREEMENT FOR PURCHASE This AGREEMENT made this IIOU day of , 1, 4.L} 2022, by and between Monroe County, a political subdivision of the State tbf Florida,whose post office address is 1100 Simonton Street, Suite 205, Key West, FL 33040 (hereinafter referred to "Buyer") . awl Barbara J. Longo (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 them,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:A parcel of land in a part of Government Lot 2,Section 21,Township 66 South, Range 29 East on Little Torch Key,Monroe County,Florida,and being more particularly described by metes and bounds as follows:COMMENCING at the Intersection of the Easterly right of way line of Old State Highway No.4A and the South line of Government Lot 2 Section 21,Township 66 South,Range 29 East, bear North 04 degrees 40 minutes 05 seconds West along the Easterly right of way line of Old State Highway No 4A for a distance of 1,300 feet to the Point of Beginning of the parcel of land hereinafter described;from said Point of Beginning continue bearing Northwesterly along the Easterly right of way line of Old State Highway No 4A for a distance.of 50 feet to a point;thence bear East for a distance of 290 feet,more or less,to a point on the shoreline of Pine Channel,thence meander the shoreline of Pine Channel in a Southerly direction to a point which is 49.98 feet,measured at right angles to the preceding course,thence bear West for a distance of 290 feet,more or less,back to the Point of Beginning. RE NUMBER: 00113150-000000 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 $500,000.00 to be paid at closing, 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 MONROE COUNTY,FLORIDA '� '� VOLUNTARY HOME BUYOUT PROGRAM 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 dosing/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 if the 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. 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 Gen 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. Seller(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 closing. Closing Attorney shall be Page 2 of 4 ! Attachment 4- Agreement for Purchase tl MONROE COUNTY,FLORIDA J` VOLUNTARY HOME BUYOUT PROGRAM 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 December 20,2021 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. 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 3 of 4 ! Attachment 4- Agreement for Purchase f • 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/ Barbara J. on nature Date Phone Number Seller/ Signature Date Phone Number Seller/ Signature Date Phone Number Buyer/COUNTY: MONROE COUNTY, FLORIDA ATTEST: Kevin Madok,CPA, Clerk Y.r� ���1 Li�1. ' 7=7-4DPUtYierk4 ' avid Rice or FIj f f[ G 4 1-- t6,�zv ©gip. Mu' -• OUNTY AITORNEY''SS OFFICE AiIZOW-Wt( ,( PAUNECE S'ULL DATE: ISTANT�Q�1jV'7 gNEy Page 4 of 4 lAttachment 4 - Agreement for Purchase