08/17/2022 Agreement Jr a .1,
MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FOR PURCHASE
This AGREEMENT made this \ day of 1 ttL 4`5+ , 2022, by and between
Monroe County, a political subdivision of the State of Florida, whose post office address
is 1100 Simonton Street, Suite 205, Key West, FL 33040 (hereinafter referred to as "Buyer")
and Mark Weinberg and:Michelle.Weinberg(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:
See attached Exhibit A
RE NUMBER: parcel#00110810-000200
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 wi0 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 $460,000.00 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.
st016 n ,?t
MONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
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,
owners 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.
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
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.
�. MONROE COUNTY,FLORIDA
v /, VOLUNTARY HOME BUYOUT PROGRAM
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 Thursday, July 21, 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.
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.
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2 ',/, � MONROE COUNTY,FLORIDA
\ : , VOLUNTARY HOME BUYOUT PROGRAM
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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.
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/Mark Weinberg and,Michelle WeinbergeLier // 03-5-22- g a 6 el
Signature Date Phone Number
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Sig ature -./ Date Phone Number
fir;.. en COUNTY: MONROE COUNTY, FLORIDA
a _ '; g•T: Kevin Madok, CPA, Clerk
Al. iik‘„,--: .0 "-,,* C) 6.410 A3
eputy O�lerk n,...
David Rice,Mayor
(Seal)
Date: QJ 11Ilan- i ` 4
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ATTORNEY - ..
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RQSER7 B.SMI ING JR' '
s MONROE COUNTY,FLORIDA
,.,' VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FOR PURCHASE EXHIBIT A: LEGAL DESCRIPTION
Parcel 1:
A parcel of land,Part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine Key,Monroe
County,Florida,being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and I2 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to the Point of Beginning of the parcel of land herein being described;thence continue South
89 degrees 39 minutes and 12 seconds East, 300 feet to a point; thence run South 20 degrees 44 minutes and 13
seconds East,60 feet to a point;thence run North 89 degrees 39 minutes and 12 seconds West,300 feet to a point on
the Easterly line of Warner Road;thence North 20 degrees 40 minutes and 20 seconds West,60 feet back to the Point
of Beginning.
Parcel 2
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine Key,Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25,bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East,along the Easterly line
of Warner Road for a distance of 60 feet;thence South 89 degrees 39 minutes and 12 seconds East,for a distance of
300 feet to the Point of Beginning;thence continue South 89 degrees 39 minutes and 12 seconds East,for a distance of
25 feet,more or less,to the Mean High Water Line of Bogie Channel;thence Northwesterly along the said Mean High
Water Line for a distance of 87 feet,more or less,to a point that bears North 20 degrees 44 minutes and 13 seconds
West from the Point of Beginning;thence South 20 degrees 44 minutes and 13 seconds East,for a distance of 60 feet
back to the Point of Beginning.
Less and Except the following described parcel:
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine Key,Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East,along the Easterly line
of Warner Road for a distance of 60 feet;thence South 89 degrees 39 minutes and 12 seconds East for a distance of
251.45 feet to the Point of Beginning;thence North 17 degrees 15 minutes West for a distance of 2.50 feet ; thence
North 72 degrees 45 minutes East,for a distance of 27.33 feet;thence South 17 degrees 15 minutes East,for a distance
of 6.95 feet;thence North 72 degrees 45 minutes East,for a distance of 8.10 feet;thence South 17 degrees 15 minutes
East, for a distance of 6.80 feet;thence North 89 degrees 39 minutes and 12 seconds West,for a distance of 37.23 feet
back to the Point of Beginning.
Together with a perpetual easement over the following described land:
A parcel of land,part of Government Lot 4,Section 25,Township 66 South,Range 29 East,at Big Pine Key,Monroe
County,Florida,and being more particularly described by metes and bounds as follows:
Commencing at the center of Section 25, bear South 89 degrees 39 minutes and 12 seconds East 51.08 feet to the
Easterly line of Warner Road;thence bear South 17 degrees 48 minutes and 50 seconds East,along the Easterly line of
Warner Road,658.52 feet;thence bear South 89 degrees 39 minutes and 12 seconds East,along the Northerly line of
Warner Road, 110.31 feet to a point;thence South 20 degrees 40 minutes and 20 seconds East,along the Easterly line
of Warner Road for a distance of 60 feet;thence South 89 degrees 39 minutes and 12 seconds East for a distance of
248.3 feet to the Point of Beginning;thence North 17 degrees 15 minutes West for a distance of 4.54 feet ; thence
North 72 degrees 45 minutes East,for a distance of 33.33 feet;thence South 17 degrees 15 minutes East,for a distance
of 6.95 feet;thence North 72 degrees 45 minutes East,for a distance of 8.10 feet;thence South 17 degrees 15 minutes
East, for a distance of 10.82 feet; thence North 89 degrees 39 minutes and 12 seconds West, for a distance of 3.15,
thence North 17 degrees 15 minutes West,for a distance of 6.80 feet;thence South 72 degrees 45 minutes West,for a
distance of 8.10 feet;thence North 17 degrees 15 minutes West,for a distance of 6.85 feet;thence South 72 degrees 45
minutes West,for a distance of 27.33 feet;thence South 17 degrees 15 minutes East,for a distance of 2.50 feet;thence
North 89 degrees 39 minutes and 12 seconds West,for a distance of 3.15 feet back to the Point of Beginning.
RESOLUTION NO. 227 -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
GRANTING APPROVAL OF A PURCHASE AGREEMENT OF
PROPERTY FUNDED BY THE COMMUNITY DEVELOPMENT
BLOCK GRANT—DISASTER RECOVERY VOLUNTARY HOME
BUYOUT PROGRAM, APPROVING EXECUTION OF A
RESTRICTIVE COVENANT RUNNING WITH THE LAND, AND
APPROVING THE MOVEMENT OF A MARKET RATE ROGO
EXEMPTION FROM THE PROPERTY TO THE
ADMINISTRATIVE RELIEF POOL FOR MARKET RATE
ALLOCATIONS.
WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017 destroying or
majorly damaging over 4,000 residential structures in Monroe County; and
WHEREAS, The Department of Economic Opportunity (DEO) developed a Community
Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the
State will administer the funds statewide. The Action Plan allocated funding for the Voluntary
Home Buyout Program (VHBP) for the unincorporated portions of Monroe County. The County
was awarded $15 Million in funding; and
WHEREAS, the County adopted Resolution 1 SO-2020 to accept and execute the VHBP
Subrecipient Agreement for the CDBG-DR funding on May 20, 2020, which was amended by an
Amendment to the VHBP Subrecipient Agreement approved on March 17, 2021; and
WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program
is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters,
and to assist property owners to relocate to less risk prone areas. The Subrecipient Agreement
requires the County to restrict VHBP acquired properties to uses stated in the County's grant
application. The application included Resolution 224-2019 which stated the county's intention
was to deed-restrict the properties in perpetuity to open space uses, storm water improvements or
to restore and conserve the natural floodplain functions. This deed-restriction is provided for in a
"Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on
Future Development"; and
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WHEREAS, Monroe County is acquiring property through the VHBP for a purchase price of
$460,000.00. This acquisition has been reviewed and approved by DEO per the terms of the
Subrecipient Agreement; and
WHEREAS, Monroe County has one(1) ROGO Exemption on the property; and
WHEREAS, said one(1)market rate ROGO Exemption are not needed for the redevelopment
of the site; and
WHEREAS, the BOCC is moving one (1) market rate ROGO Exemption to the
Administrative Relief pool for market rate allocations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals and Legislative Intent: The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. This resolution shall become effective upon its adoption by the Monroe County
Board of County Commissioners.
Section 3. This resolution authorizes the Mayor to execute the Purchase Agreement attached
hereto as Exhibit A.
Section 4. The resolution authorizes the Mayor to execute the Declaration of Restrictive
Covenant Running with the Land and Declaration of Restriction on Future
Development, attached hereto as Exhibit B.
Section 4. The resolution authorizes the Monroe County Planning Department to move one
(1)market rate ROGO Exemption to the Administrative Relief pool for market
rate allocation. ROGO Exemption attached hereto as Exhibit C.
Page 2 of 3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of August 2022.
` is �3 '4, Mayor David Rice, District 4 Yes
4 Mayor Pro Tem Craig Cates,District 1 Yes
I Commissioner Michelle Coldiron, District 2 Yes
_ . Commissioner Jim Scholl,District 3 Yes
`� - = „; Commissioner Holly Merrill Raschein, District 5 Yes
oop c.,,Hiv
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
As 4eputy C Mayor
MONROE COUNTY ATTORNEY
r-- APPROVED AS TO FORM
F:- R_ Iy lk Digitally signed by James D.
`=' James D. Molenaar•olenaar
r ' Date:2022.08.03 12:23:25-04'00'
Lai }---
_� ... , JAMES MOLENAAR
R ASSISTANT COUNTY ATTORNEY
-=, Date:
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