11/15/2022 Purchase Agreement °,,I COURJB'
Kevin Madok, CPA
5ts
cOUNSy 4 Clerk of the Circuit Court& Comptroller Monroe County, Florida
DATE: June 26, 2023
TO: Christine Hurley, Executive Director
Monroe County Land Authority
ATTN: Dina Gambuzza
Property Specialist
FROM: Liz Yongue, Deputy Clerk
SUBJECT: November 15, 2022 BOCC Meeting
The below item has been added to the record.
V2 Resolution 374-2022 granting approval of a purchase agreement of property pending
final DEO approval, funded by the Community Development Block Grant-Disaster Recovery
(CDBG-DR) Voluntary Home Buyout Program (VHBO)in the amount of$1,450,000.00,
execution of a restrictive covenant running with the land, and moving one (1)Market Rate -Rate
of Growth Ordinance (ROGO)Exemption from the acquired property to the Administrative
Relief pool for market rate allocation(s).
The executed originals have been forwarded to our Property Clerk for their file. Should
you have any questions please feel free to contact me at(305) 292-3550!
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
l''
4MoNROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FOR PURCHASE..
This AGREEMENT made this \ 0"day of \9(Y , 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 Harty-J.Appel and-Jennifer-DeMaria-(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 tract of land in "LONG BEACH ESTATES, SECTION B" and being more particularly
described by metes and bounds as follows: COMMENCING at the Northwest Corner of Lot
24 of"LONG BEACH ESTATES; SECTION A" as recorded in Plat Book 5, page 38 of the
Public Records of Monroe County, Florida, said Corner being on a curve having a central
angle of 26 degrees and 45 minutes and a radius of 550 feet, bear Westerly along said curve
and deflecting to the right, 182.93 feet to a Point of Tangent;thence bear South 82 degrees
and 00 minutes West, 1,676.11 feet to a point of curve,said curve having a central angle of
11 degrees and 11 minutes and a radius of 950 feet; thence along said curve in a Westerly
direction and deflecting to the left 133.89 feet to the POINT OF BEGINNING of the tract of
land hereinafter described; from said POINT OF BEGINNING continue bearing along said
curve in a Westerly direction and deflecting to the left,51.54 feet to a Point of Tangent;thence
bear South 70 degrees and 49 minutes West,48.46 feet;thence bear South 19 degrees and
11 minutes East, 180 feet, more or-less, to the shoreline of the Atlantic Ocean; thence
meander the shoreline of the Atlantic Ocean in an Easterly direction for a distance of 100
feet, more or less to a point which in bearing South 16-degrees 04 minutes and 30 seconds
East from the POINT OF BEGINNING; thence bear North 16 degrees 04 minutes and 30
seconds West, 214 feet; more or less, back to the POINT OF BEGINNING. The aforesaid
description covers Lot 21 in Section B, of an unrecorded Plat to be recorded in the future.
RE NUMBER: 00112340-000900
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
n
`' r\ri� a MONROE COUNTY,FLORIDA
V: 1 / VOLUNTARY HOME BUYOUT PROGRAM
together with legal andpractical-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$1,450,OOO OO 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 agreedupon, 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 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) acknowledge -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. -Buyers 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.
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 allSeller(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).
,,'- ' MONROE COUNTY,FLORIDA
‘‘,„ VOLUNTARY HOME BUYOUT PROGRAM
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
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 Monday, November 28,2022,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 provisionof this contract withinthe stipulated--period--of time for--completion-
of the provision will constitute, where applicable, a default of this contract.
1-1. SURVIVAL. If-any-provision-herein-contained-which-by-its-nature and effect is requiredto-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 priorhereto shall-be included-herein-unless set-forth-in-writing:
Any change to
tt
MONROE COUNTY,FLORIDA
- ` - VOLUNTARY HOME BUYOUT PROGRAM
this contract shall be inwriting.This agreementshall beconstructed-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.
1-3.-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.
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 anddo-hereby grant untothe Buyer orits 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.
Warning:Any person who knowingly makes-a false claim orstatement to-HUD-may be
subject to civil or criminal penalties under 18 U.S.C.287, 1001 and 31 U.S.C.3729.
Seller/-Harry-J.Appel andJennifer DeMaria
661. - *US-L.43,5
Sig re Date Phone Number
305- eri --o)c ( i
Signature Date Phone Number
Buyer/COUNTY: MONROE COUNTY,-FLORIDA ;; c. rn
.
. Ct 0
ATTEST: Kevin Madok,CPA, Clerk = °
aarBy: fl_ '
4,547--- ,,,,, As q�eputy CI rk - + Rye;-Kayo- -`° CraigCates, Mayor
( f \ # ) MONROE COUNTY ATTORNEY
VI F ..: ,, W I W )5, Z022 P ovEr TO FORM
-,„ 'f,,,, "6-(11'‘
ir� ° ✓couro, JAMES MOLENAA
ASSISTANT COU
ATTORNEY
Date: 10 40 V. 20ZZ