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Item G09 G.9 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: G.9 Agenda Item Summary #11908 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180 9:25 A.M. Land Authority AGENDA ITEM WORDING: Approval of a resolution approving an option agreement to sell pre- acquired Florida Forever land described as Lot 5, Block 12, Palm Villa on Big Pine Key to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the price of$50,000; authorizing the Chairman to execute same; and authorizing the Chairman to execute the deed and associated closing documents. ITEM BACKGROUND: This resolution authorizes the Land Authority to sell pre-acquired property to the State of Florida in order to leverage Land Authority funds and assist the State in acquiring Florida Forever land in the Keys. The subject property consists of a 6,250 square foot lot on the west end of Oleander Boulevard, on the bay side of Big Pine Key near mile marker 30. The Land Authority is serving as a local partner with the Florida Department of Environmental Protection and pre-acquired the subject property at a price of$50,000. The proposed resolution authorizes the Land Authority to sell the subject property to the State for a price of$50,000, which is 100% of the purchase price the Land Authority paid. Estimated Net Proceeds of this Sale to the State: • Sales Price: $50,000 • Attorney Fee: $475 • Recording Fees: $100 • Net Proceeds: $49,425 ADVISORY COMMITTEE ACTION: On March 29, 2023 the Committee voted 510 to recommend approval of the proposed resolution. PREVIOUS RELEVANT GOVERNING BOARD ACTION: On December 7, 2022 the Board approved purchasing the subject property for the price of$50,000. CONTRACT/AGREEMENT CHANGES: N/A Packet Pg. 1441 G.9 STAFF RECOMMENDATION: Approval DOCUMENTATION: Proposed Resolution Aerial Photograph FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Mark Rosch Completed 04/04/2023 10:55 AM Christine Hurley Completed 04/04/2023 2:49 PM Lindsey Ballard Completed 04/04/2023 3:00 PM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 1442 G.9.a RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY APPROVING AN OPTION AGREEMENT TO SELL PRE-ACQUIRED FLORIDA FOREVER LAND DESCRIBED AS LOT 5, BLOCK 12, PALM VILLA ON BIG PINE KEY TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE PRICE OF $50,000; AUTHORIZING THE CHAIRMAN TO EXECUTE SAME; AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE DEED AND ASSOCIATED CLOSING DOCUMENTS. WHEREAS, the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") serves as a local partner with the State of Florida to assist the State in acquiring Florida Forever lands in the Florida Keys; and WHEREAS, the Florida Department of Environmental Protection has transmitted to the Land Authority the Option Agreement for Sale and Purchase in Attachment "A" (hereinafter "Option Agreement") whereby the Florida Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, would purchase pre-acquired Florida LO Forever land from the Land Authority described as Lot 5, Block 12, Palm Villa on Big Pine Key; and C It- WHEREAS, on March 29, 2023, the Land Authority Advisory Committee voted 5/0 to recommend approval of this resolution; NOW, THEREFORE, 4- BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Option Agreement for Sale and Purchase in Attachment "A" having a purchase price of$50,000 is hereby approved and the Chairman is authorized to execute same. 0 U) Section 2. The Chairman is hereby authorized to execute the deed and associated closing documents to complete the real estate transaction. U) 0 0. 0 c� Page 1 of 2 Packet Pg. 1443 G.9.a PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this_ day of 2023. Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner Holly Raschein Commissioner James Scholl Chairman David Rice 6 (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY CL Christine Hurley David P. Rice Executive Director Chairman Approved as to form and legality 0 C T- c� Gregory Oropeza, Esquire 4- 0 0 0. 0 c� Page 2 of 2 Packet Pg. 1444 ATTACHMENT"A" OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this day of , 20 , between MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY,a land authority under section 380.0663 (1),Florida Statutes,and Monroe County Ordinance Number 031-1986,whose address is 1200 Truman Avenue, Suite 207,Key West,Florida 33040,as"Seller"and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA("Trustees"),whose address is the State of Florida Department of Environmental Protection, Division of State Lands,3900 Commonwealth Blvd.,Mail Station 115,Tallahassee,Florida 32399-3000,as"Buyer". Buyer's agent in all matters shall be the Division of State Lands of the Florida Department of Environmental Protection ("DSL"). 1. GRANT OF OPTION. Seller hereby grants to Buyer the exclusive option to purchase the real property 6 U) located in Monroe County,Florida,described in Exhibit"A",together with all timber,transferable development rights, improvements, easements, appurtenances, hereditaments, and riparian and littoral rights, if any (the "Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding on execution of this Agreement,but exercise of the option is subject to approval by Buyer and is effective only if DSL gives written notice of exercise to Seller. 2. OPTION TERMS. The consideration for the option granted by this Agreement is $100.00 ("Option Payment"). Upon execution of this Option Agreement by DSL, DSL will apply to the Chief Financial Officer for a state warrant in the amount of the Option Payment,which,will be forwarded to the escrow agent to hold for the benefit of Seller. The Option Payment is non-refundable such that Seller shall be entitled to retain the Option Payment regardless of whether Buyer exercises the Option; Provided,however,the Option Payment shall be credited toward the purchase price at closing if Buyer timely exercises the option as discussed below. The option may be exercised during the period beginning with Buyer's approval of this Agreement at a regularly scheduled meeting of the Governor ` and Cabinet sitting as the Trustees,and ending 120 days after Buyer's approval of this Agreement("Option Expiration 0 Date"),unless extended by other provisions of this Agreement. If Buyer's funds in the amount of the purchase price C (as hereinafter defined in paragraph 3.A.)are not available by the Option Expiration Date the period of exercise of the T- option may be extended until such funds become available,not to exceed 60 days after the Option Expiration Date, U by written notice to Seller. If Buyer's funds are not available at the end of the 60-day extension then this Agreement a0 shall terminate and neither party shall have further obligations under the provisions of this Agreement.If Buyer does - not exercise its option by the Option Expiration Date, as extended if applicable,then the escrow agent is directed to release and disburse the Option Payment to Seller the following day. If Buyer does timely exercise its option, then escrow agent shall credit the Option Payment toward the purchase price paid by Buyer at closing. 3.A. PURCHASE PRICE. The purchase price for the Property is FIFTY THOUSAND AND NO/100 DOLLARS ($50,000)("Initial Purchase Price")which,after credit for the Option Payment,will be paid at closing. Seller hereby 6 authorizes Buyer to issue a state warrant for the Purchase Price directly to an escrow agent who is authorized by law to receive such payment,and who is acceptable to Buyer, and to require the escrow agent to pay Seller's expenses of sale and real estate taxes. The Initial Purchase Price is subject to adjustment in accordance with paragraph 3.B. This 0 Agreement is contingent upon approval of the Final Adjusted Purchase Price,hereinafter defined,by Buyer and upon 0 confirmation that the Final Adjusted Purchase Price is not in excess of the maximum value of the Property as 0 determined in accordance with Section 253.025,Florida Statutes("DSL Approved Value"). The determination of the DSL Approved Value and the Final Adjusted Purchase Price can only be made after the completion and DSL's approval of the survey required in paragraph 6. E 3.B. ADJUSTMENT OF PURCHASE PRICE. If,prior to closing,DSL determines that the Initial Purchase Price exceeds the DSL Approved Value of the Property,the Initial Purchase Price will be reduced to the DSL Approved Value of the Property (herein the "Final Adjusted Purchase Price"). If the Final Adjusted Purchase Price is less than 95%of the Initial Purchase Price because of the adjustment provided for in this paragraph,Seller shall,in Seller's sole discretion,have the right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Seller elects to terminate this Agreement,Seller shall provide written notice to DSL of Seller's election to terminate this Agreement within 10 days after Seller's receipt of written notice from DSL of the Final Adjusted Purchase Price. If Seller fails to give Buyer a written notice of termination within the aforesaid time period from receipt of DSL's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Initial Purchase Price pursuant to the provisions of this paragraph 3.B. The Final Adjusted Purchase Price as calculated in this paragraph 3.B. is subject to further adjustment in accordance with the BLA No.: 328701—MCLA/Klnneck 1 PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key Packet Pg. 1445 G.9.a provisions of this Agreement. The Initial Purchase Price and the Final Adjusted Purchase Price, whichever is applicable depending on whether or not an adjustment has occurred under the provisions of this paragraph 3.B. are hereinafter referred to as the"Purchase Price". 4. ENVIRONMENTAL SITE ASSESSMENT. Buyer,prior to the exercise of the option and at its sole cost and expense,may conduct an environmental site assessment of the Property to determine the existence and extent,if any,of any Hazardous Materials on the Property. If further investigations,testing,monitoring or environmental site assessments are required by DSL to determine the existence or extent of Hazardous Materials on the Property,Buyer, at its sole option may elect to extend the Option Expiration Date to conduct such procedures at the Buyer's sole cost and expense. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 5.) _ 0 5. HAZARDOUS MATERIALS. If the environmental site assessment provided for in paragraph 4 confirms the presence of Hazardous Materials on the Property,Buyer,at its sole option,may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Buyer elect not to terminate this Agreement,Seller shall,at Seller's sole cost and expense and prior to the exercise of the option and closing,promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with Environmental Law to DSL's satisfaction in its sole discretion. "Environmental Law" shall mean all federal,state and local laws,including statutes,regulations,ordinances,codes,rules,judgments, P orders, decrees, permits, concessions, grants, franchises, licenses, agreements and other governmental restrictions relating to the protection of the environment or human health,welfare or safety,or to the emission,discharge,seepage, release or threatened release of any contaminant,solid waste,hazardous waste,pollutant,irritant,petroleum product, waste product, radioactive material, flammable or corrosive substance, carcinogen, explosive, polychlorinated biphenyl, asbestos, hazardous or toxic substance, material or waste of any kind into the environment, including, without limitation, ambient air, surface water, ground water, or land including,but not limited to,the Federal Solid Waste Disposal Act,the Federal Clean Air Act,the Federal Clean Water Act,the Federal Resource and Conservation and Recovery Act of 1976, the Hazardous and Solid Waste Amendments of 1984, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund Amendments and c4 Reauthorization Act of 1986,Chapters 161,253,373,376 and 403,Florida Statutes,Rules of the U.S.Environmental Protection Agency,Rules of the Florida Department of Environmental Protection, and the rules of the Florida water management districts now or at any time hereafter in effect.However,should the estimated cost to Seller of clean up of Hazardous Materials exceed a sum which is equal to 3%of the Initial Purchase Price as stated in paragraph 3.A. 0 Seller may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Hazardous Materials placed on the Property prior to closing are discovered after closing, Seller shall remain obligated hereunder, with such obligation to survive the closing, delivery, and recording of the deed described in paragraph 9 of this Agreement and Buyer's possession of the Property,to diligently pursue and accomplish the clean 2 up of Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost and expense. U) 6. SURVEY. Buyer may have the Property surveyed at its expense. If the survey ("Survey"), certified by professional surveyor and mapper licensed by the State of Florida,shows any reduction in acreage from the appraised U) acreage to the surveyed acreage, any encroachment on the Property or that improvements intended to be located on 0 the Property encroach on the land of others,the same shall be treated as a title defect. 7. TITLE INSURANCE. Buyer may provide a marketable title insurance commitment,to be followed by an a� owner's marketable title insurance policy (ALTA Form "B" with Florida revisions) from a title insurance company approved by DSL,insuring marketable title to the Property in the amount of the Purchase Price at Buyer's expense. 8. DEFECTS IN TITLE. If the title insurance commitment or Survey furnished pursuant to this Agreement discloses any defects in title which are not acceptable to Buyer, Seller shall,within 90 days after notice from Buyer, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor,including the bringing of necessary suits. Defects arising from liens against the Property shall be satisfied at closing from Seller's proceeds. If Seller is unsuccessful in removing the title defects within said time, Buyer shall have the option to either:(a)accept the title as it then is with a reduction in the Purchase Price by an amount determined by DSL, (b)accept the title as it then is with no reduction in the Purchase Price,(c)extend the amount of time Seller has to remove the defects in title,(d)cut out the affected portion of the Property and reduce the Purchase Price by an amount equal to the product of the Purchase Price per acre for the acres being cut out,multiplied by the acreage cut out, or (e) terminate this Agreement, thereupon releasing Buyer and Seller from all further obligations under this BLA No.: 328701—MCLA/Klnneck 2 PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key Packet Pg. 1446 G.9.a Agreement. If Seller fails to make a diligent effort to remove the title defects, Seller shall be in default and the provisions of paragraph 18 of this Agreement shall apply. 9. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Buyer a statutory warranty deed in accordance with the provisions of Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens,reservations,restrictions, easements, leases,tenancies and other encumbrances, except for those that are acceptable encumbrances in the sole discretion of Buyer and do not impair the marketability of the title to the Property. Any sovereignty submerged lands included in the Property ownership will be conveyed to the Buyer by quitclaim deed and shall not be included in the purchase price. 10. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Buyer a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, 375.031(1) and 380.08(2), Florida Statutes. Buyer shall prepare the deed described in paragraph 9 of this Agreement,Buyer's and Seller's closing statements and the title,possession and lien affidavit certified to Buyer and U) title insurer and an environmental affidavit on DSL forms provided by DSL. 11. DSL REVIEW FOR CLOSING. DSL will approve or reject each item required for closing under this Agreement. If DSL rejects an item for closing which was submitted by the Seller,Seller will have 30 days thereafter to remove and resubmit any rejected item. If Seller fails to timely deliver any items required of Seller,or DSL rejects any item after delivery,the Option Expiration Date shall be extended until DSL approves Seller's documents or until Buyer elects to terminate the Agreement. 12. EXPENSES. Seller will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance,including the cost of recording the deed described in paragraph 9. of this Agreement and any other recordable instruments that DSL deems necessary to assure good and marketable title to the Property. 13. TAXES AND ASSESSMENTS. At closing,Seller shall satisfy all real estate taxes and assessments that are or may become a lien against the Property. If Buyer acquires fee title to the Property between January 1 and November 1, Seller shall in accordance with Section 196.295,Florida Statutes,place in escrow with the county tax collector an C amount equal to the current taxes prorated to the date of transfer based upon the current assessment and millage rates on the Property. If Buyer acquires fee title to the Property on or after November 1, Seller shall pay to the county tax 0 collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. M 4- 0 14. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Buyer exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any documents required to be provided or completed and executed,the closing shall occur either on the original closing date or within 60 days after receipt of documentation removing the defects, whichever is later. 2 Buyer shall set the date,time and place of closing. 0 U) 15. RISK OF LOSS AND CONDITION OF PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to Buyer in the 'a same or essentially the same condition as of the date of Seller's execution of this Agreement,ordinary wear and tear excepted. If the condition of the Property is altered,by an act of God or other natural force beyond the control of C Seller, however, Buyer may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to E Buyer. All wells located on the Property shall be duly abandoned at the Seller's sole cost and expense prior to the exercise of the option unless this requirement is waived by DSL in writing. Seller warrants that any billboards on the property shall be removed prior to closing. Seller agrees to clean up and remove all abandoned personal property,refuse,garbage,junk,rubbish,trash and debris (hereafter, "trash and debris") from the Property to the satisfaction of DSL prior to exercise of the option by Buyer. If the Seller does not remove all trash and debris from the Property prior to closing,Buyer at its sole option,may elect to: (a) deduct the expense necessary to remove trash and debris from the Seller's proceeds of sale up to but not to exceed 5% of the Initial Purchase Price and proceed to close, with the Buyer incurring any additional expenses necessary to remove all trash and debris and clean up the Property subsequent to closing, (b) extend the amount of BLA No.: 328701—MCLA/Klnneck 3 PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key Packet Pg. 1447 G.9.a time the Seller has to remove all trash and debris from the Property, (c)terminate this Agreement, and neither party shall have any further obligations under the Agreement. 16. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Buyer and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with this Agreement. Seller shall deliver possession of the Property to Buyer at closing. 17. ACCESS. Seller warrants that there is legal and practical ingress and egress for the Property over public roads or valid,recorded easements for the use and benefit of and as an appurtenance to the Property. 18. DEFAULT. If Seller defaults under this Agreement,Buyer may waive the default and proceed to closing, seek specific performance,or refuse to close and elect to receive the return of any money paid,each without waiving any action for damages,or any other remedy permitted by law or in equity resulting from Seller's default. U) 19. BROKERS. Seller warrants that no persons,firms,corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 10. Seller shall indemnify and hold Buyer harmless from any and all such claims,whether disclosed or undisclosed. 0 20. RECORDING. Buyer may record this Agreement,or notice of it,in the appropriate county or counties. P 21. ASSIGNMENT. This Agreement may be assigned by Buyer,with the prior written consent of Seller. Seller may not assign this Agreement without the prior written consent of Buyer. 22. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 23. SEVERABILITY. If any of the provisions of this Agreement are deemed to be unenforceable and the unenforceability of said provisions does not adversely affect the purpose and intent of this Agreement,in Buyer's sole discretion,the enforceability of the remaining provisions of this Agreement shall not be affected. c4 T- 24. SUCCESSORS IN INTEREST. This Agreement shall bind and inure to the benefit of Seller and Buyer and 0 their respective heirs, legal representatives and successors. Whenever used,the singular shall include the plural and 4- one gender shall include all genders. 0 a� 25. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement,modification or amendment to this Agreement shall be binding unless executed in writing by the parties. Notwithstanding the foregoing,the parties acknowledge that the legal description contained in Exhibit"A"was prepared based upon historic chain of title information,without the benefit of a current U) survey of the Property. The parties agree that if, in the opinion of DSL, it becomes necessary to amend the legal description of the Property to correct errors,to more properly describe the Property,to cut out portions of the Property affected by title defects unacceptable to Buyer or which cannot be timely cured by the Seller, or to otherwise revise the legal description of the Property, the legal description to be used in the Survey (if any) and in the closing 0 instruments required by this Agreement shall be revised by or at the direction of DSL,and shall be subject to the final approval of DSL. Anything to the contrary hereinabove notwithstanding, such a revision of the legal description of the Property shall not require a written amendment to this Agreement. In such event, the Seller's execution and delivery of the closing instruments containing the revised legal description and the Buyer's acceptance of said E instruments and of the final Survey(if any)containing the revised legal description shall constitute a full and complete ratification and acceptance of the revised legal description of the Property by the parties. Seller acknowledges that the Trustees have made various delegations of power for the purpose of land acquisition,and not all representatives of the Trustees or the DSL have authority to act in all situations. Consequently,this Agreement may be terminated by the Trustees pursuant to any provision therefor contained in this Agreement only in writing signed by the person or persons who signed this Agreement on behalf of the Trustees or that person's successor. 26. WAIVER. Failure of Buyer to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant,condition or right;but the same shall remain in full force and effect. Seller hereby waives its rights to any and all claims against Buyer or Monroe County associated with,or arising from ownership of, said lands and this waiver shall survive closing. BLA No.: 328701—MCLA/Klnneck 4 PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key Packet Pg. 1448 G.9.a 27. COUNTERPARTS. This Agreement may be executed in one or more counterparts, but all such counterparts,when duly executed,shall constitute one and the same Agreement. 28. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 29. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice,and either delivered personally,transmitted via facsimile transmission,mailed postage prepaid,or sent by overnight courier to the appropriate address indicated on the first page of this Agreement,or such other address as is designated in writing by a party to this Agreement. 30. CERTIFICATION REGARDING TERRORISM. Seller hereby certifies that to the best of Seller's knowledge, 6 after making all appropriate inquiries, Seller is in compliance with, and shall use all funds derived from the sale of the U) Property in compliance with all applicable anti-terrorism laws,regulations,rules and executive orders,including but not limited to,the USA Patriot Act of 2001,18 U.S.C.sections 2339A-C,and U.S.Presidential Executive Orders 12947 and a� 13224. a� 31. SURVIVAL. The covenants,warranties,representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing,the delivery and recording of the deed described in paragraph 9 of this Agreement and Buyer's possession of the Property. IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER,ON OR BEFORE MAY 1,2023,BUYER SHALL BE UNDER NO OBLIGATION TO ACCEPT THIS AGREEMENT. BUYER'S EXECUTION OF THIS AGREEMENT IS SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. THE EXERCISE OF THE OPTION PROVIDED FOR HEREIN IS SUBJECT TO: (1)CONFIRMATION THAT THE PURCHASE PRICE IS NOT IN EXCESS OF THE DSL APPROVED VALUE OF THE PROPERTY, AND (2) DSL APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER. THE STATE OF FLORIDA'S PERFORMANCE AND OBLIGATION TO PAY C UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE AND UPON THE FUNDING OF THE APPROPRIATION THROUGH THE ISSUANCE OF 0 FLORIDA FOREVER BONDS BY THE STATE OF FLORIDA OR OTHER FUNDING AS PROVIDED BY THE 4- LEGISLATURE. 0 a� 0 U) U) 0 0. 0 E c� BLA No.: 328701—MCLA/Klnneck 5 PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key Packet Pg. 1449 G.9.a THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT WHEN DULY EXECUTED. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. SELLER MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY,a land authority under section 380.0663 (1), Florida Statutes, and Monroe County Ordinance Number 031- 1986 6 U) Witness as to Seller David P.Rice,Chairman Witness as to Seller Date signed by Seller Phone No. E 8 a.m.-5 p.m. 0 C T- c� STATE OF ) 4- 0 COUNTY OF ) The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20 by David P. Rice, Chairman of Monroe County Comprehensive Plan Land Authority. Such person(s)(Notary Public must check applicable box): U) a� [ ] is/are personally known to me. ] produced a current driver license(s). U) [ ] produced as identification. 0. 0 (NOTARY PUBLIC SEAL) a� Notary Public c� (Printed,Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: BLA No.: 328701—MCLAKIfineck 6 PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key Packet Pg. 1450 G.9.a BUYER BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA BY DIVISION OF STATE LANDS OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY: Witness as to Buyer Callie DeHaven,Director 0 U) Witness as to Buyer Date signed by Buyer Approved as to Form and Legality By: Date: M CL STATE OF ) C T- COUNTY OF ) The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of ,20 by Callie DeHaven,Director,Division of State Lands,the State 0 of Florida Department of Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. (NOTARY PUBLIC SEAL) Notary Public U) a� (Printed,Typed or Stamped Name of U) Notary Public) 0 Commission No.: My Commission Expires: c� BLA No.: 328701—MCLA/Klnneck 7 PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key Packet Pg. 1451 EXHIBIT"A° Lot 5, Block 12, Palm Villa, Big Pine Key Fla., a subdivision in the Northwest%ofSection 23, Township 66 South, Range 29 East, according to the map or plat thereof as recorded in Plat Book 1, Page 89, of the Public Records of Monroe County, Florida. w � P � 0 -j Cq T- � BSM/\PPROVBC U) By: �L4. [>ate: 03/17/202I CL cvupvnaig»t-xevoeer Monroe County Land Authority(m|meck) Monroe County G.9.a ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT (OTHER) Before me, the undersigned authority, personally appeared David P. Rice, ("affiant"), this day of ,20 ,who,first being duly sworn,deposes and says: 1) That affiant is the Chairman of Monroe County Comprehensive Plan Land Authority, a land authority under section 380.0663 (1), Florida Statutes, and Monroe County Ordinance Number 031-1986, as"Seller", whose address is 1200 Truman Avenue, Suite 207,Key West,Florida 33040, and in such capacity has personal knowledge 6 U) of the matters set forth herein and has been duly authorized by Seller to make this affidavit on Seller's behalf. That Seller is the record owner of the Property. As required by Section 286.23, Florida Statutes, and subject to the a� penalties prescribed for perjury, the following is a list of every "person" (as defined in Section 1.01(3), Florida P Statutes) holding 5% or more of the beneficial interest in the disclosing entity: (if more space is needed, attach separate sheet) Name Address Interest Non-Applicable. Seller is a land authority under section 380.0663(1), Florida Statutes and Monroe County Ordinance Number 031-1986. c4 T_ c� 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate 0 a� transaction or who have received or will receive real estate commissions,attorney's or consultant's fees or any other fees,costs,or other benefits incident to the sale of the Property are: Name Address Reason for Payment Amount U) a� Gregory Oropeza 221 Simonton Street Attorney's Fee $475.00 Oropeza Stones and Cardenas,PLLC Key West,FL 33040 U) 0. 0 E c� BRES - 133 REVISED O1/22/15 Packet Pg. 1453 G.9.a 3) That,to the best of the affiant's knowledge,the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to the State of Florida: (if non-applicable, please indicate"None"or"Non-Applicable") Name and Address Type of Amount of of Parties Involved Date Transaction Transaction _ 0 Shirley Klimeck 12/9/22 Sale to Monroe County $50,000 U) W3902 County Road B Comprehensive Plan Land Johnson Creek,WI 53038 Authority 1200 Truman Avenue, Suite 207 Key West,FL 33040 The Nature Conservancy 12/5/22 Quit Claim of Oil, Gas,and $0 1035 S. Semoran Boulevard Minerals Rights to Monroe Suite 2-1021B County Comprehensive Plan Winter Park,FL 32792 Land Authority 1200 Truman Avenue, Suite 207 Key West,FL 33040 0 This affidavit is given in compliance with the provisions of Sections 286.23, 375.031(1), and 380.08(2), C T_ Florida Statutes. c� AND FURTHER AFFIANT SAYETH NOT. AFFIANT 0 David P.Rice STATE OF ) 0 U) COUNTY OF ) The foregoing instrument was acknowledged before me by means of[_] physical presence or[j online notarization U) this day of 20 , by David P. Rice. Such person(s) (Notary Public must check C applicable box): � [ ] is/are personally known to me. a� [ ] produced a current driver license(s). [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed,Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: BRES - 133 REVISED O1/22/15 Packet Pg. 1454 G.9.b Aerial Photograph of Subject Property Block 12, Lot 5, Palm Villa Big Pine Key oil! ON rp" U) CL E M CL N Y V, U i i ✓i Y pi' CIS 6/S CL pp �I Vi IW .}.A I 0 G CL a.+ j Packet Pg. 1455