Item G14 G14
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: G14
2023-1300
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
9:25 AM
AGENDA ITEM WORDING: Approval of the First Amendment to Option Agreement for Sale and
Purchase to sell pre-acquired Florida Forever land described as Lot 1, Block 16, Palm Villa on Big Pine
Key to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida extending
the Option Expiration Date to October 23, 2023.
ITEM BACKGROUND:
The Land Authority has entered into an Option Agreement to sell pre-acquired Florida Forever land to
the State. The State needs additional time to complete a boundary survey of the subject property. The
proposed amendment will extend the Option Expiration Date in the Option Agreement by
approximately two months to October 23, 2023.
PREVIOUS RELEVANT BOCC ACTION:
On 12/07/22 the Board approved purchasing the subject property for the price of$50,000.
On 04/19/23 the Board approved MCLA Resolution 13-2023 authorizing the sale of the subject
property to the State for the price of$50,000.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
First Amendment to Option Agreement
1
FINANCIAL IMPACT:
N/A
2
FIRST AMENDMENT TO OPTION AG E E T FOR SALE AND PURCHASE
THIS FIRST ST AMENDMENT TO OPTION AGREEMENT FOR SALE AND PURCHASE
("First Amendment") is made and entered this day of July, 2023, by and between MO ROE
COUNTY COMPREHENSIVE LAND AUTHORITY, a land authority under section 380.0663 (1),
Florida Statutes, and Monroe County Ordinance Number 031-1986 ("Seller") and the BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
("Buyer").
RECITAI.,S:
A. Seller and Buyer entered into an Option Agreement for Sale and Purchase dated on or abort
April 25,2023 ("the"Agreement"),a copy being attached hereto as Exhibit A.
B. The Agreement concerns Seller's sale of certain property in Monroe County, Florida, to
Buyer,as such Property is more particularly described in the Agreement.
C. Seller and Buyer wish to extend the Option Expiration Date set forth in Paragraph 2 of the
Agreement,pursuant to the terms of this First Amendment.
NOW THEREFORE, in consideration of the Recitals, Ten Dollars, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Bayer
mutually agree as follows:
I. Recitals. The recitals set forth hereinabove are true and correct, and such Recitals and the
Agreement are incorporated herein by reference.
1 Extension of the,,(3 %Ia...E I irati0n I}at�, The Option Expiration Bate is hereby extended to
October 23,2023.
3. Ratification, Except as modified by this First Amendment, the Agreement is hereby ratified
and confirmed. In the event of a conflict between the Agreement and this First Amendment,this First
Amendment shall control. Hereinafter,the term Agreement shall collectively mean the Agreement,as
modified by this First Amendment.
4. Counte��;P,,,rj§, is First Amendment may be executed in several counterparts, each of which
shall be deemed an original but together shall constitute one agreement. A facsimile or electronic
signature shall be deemed to have the effect of an original to the party so delivering such signature,
[Remainder of this page intentionally left blank. Signature page follows.]
BLA No.: 328702—MCLA/Specht 1
PROJECT AREA: Coupon Bight/Key Deer-Big Pine Key
IN WITNESS WHEREOF, the parties have caused this amendment to be executed on the day and
year first above written.
Seller
MONROE COUNTY COMPREHENSIVE LAND
AUTHORITY, a land authority under section
380.0663 (1),Florida Statutes,and Monroe County
----
-
Ordinance Number 031-1986
Witness as to Seller
..., ..,.....__........ ....................... ......
David P.Rice,Chairman
Witness as to Seller
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
.................. _ -.............. .................... ----...
fitness as to Buyer
By: ....... _._. _ ........._(SEAL)
NAME: Callie DeHaven
. ...... ..__.. .... ....... ......
AS ITS: Director,Division of State Lands
Witness as to Buyer
Approved as to Form and Legality
By:.-
Date:
BLA No.: 328702—MCLA/Specht 2
PROJECT AREA: Coupon Bight/Key Deer-Big Pine Key
EXHIBIT A
OPTION AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made this gP d� ,
AUTHORITY,a land authority under section
ay of , ! 20 � between MONROE COUNTY
COMPREHENSIVE PLAN LAND AU ty 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").
l. GRAN,T,.,.OF OPTION. Seller hereby grants to Buyer the exclusive option to purchase the real property
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 ofthe Governor
and Cabinet sitting as the Trustees,and ending 120 days after Buyer's approval of this Agreement("Option Expiration
Date"),unless extended by other provisions of this Agreement. If Buyer's funds in the amount of the purchase price
(as hereinafter defined in paragraph 3.A.)are not available by the Option Expiration Date the period of exercise of the
option may be extended until such funds become available,not to exceed 60 days after the Option Expiration Date,
by written notice to Seller.If Buyer's funds are not available at the end of the 60-day extension then this Agreement
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
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
Agreement is contingent upon approval of the Final Adjusted Purchase Price,hereinafter defined,by Buyer and upon
confirmation that the Final Adjusted Purchase Price is not in excess of the maximum value of the Property as
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.
3.B. ADSTMENT OF PURCHAS C E. 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.: 328702—MCLA/Specht 1
PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key
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.)
S. 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,
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
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.
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
up of Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost and
expense.
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
acreage to the surveyed acreage,any encroachment on the Property or that improvements intended to be located on
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
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,,INTITLE. 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.: 328702—N4CLA/Specht 2
PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key
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
title insurer and an environmental affidavit on DSL forms provided by DSL.
it. 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. TA „ A ASSESSMENTS, At closing,Seller shall satisfy all real estate taxes and assessments that are
or may becoom a lien
y against the Properly. 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
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
collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector.
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.
Buyer shall set the date,time and place of closing.
15. RISK OF L,,,OS"'S AND CON D,I,TION 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
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
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
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.: 328702—MCLA/Specht 3
PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key
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.
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.
20. RECORDING. Buyer may record this Agreement,or notice of it,in the appropriate county or counties.
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.
24. SUCCESSORS„IN INTEREST This Agreement shall bind and inure to the benefit of Seller and Buyer and
their respective heirs, legal representatives and successors.Whenever used,the singular shall include the plural and
one gender shall include all genders.
25. E NTl ,, , ., .,.,,AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to
R,,E _
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
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 he 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
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
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.: 328702—MCLA/Specht 4
PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key
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,
after making all appropriate inquiries,Seller is in compliance with,and shall use all funds derived from the sale of the
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
13224.
31. SURVIVA„L. 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
UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE
LEGISLATURE AND UPON THE FUNDING OF THE APPROPRIATION THROUGH THE ISSUANCE OF
FLORIDA FOREVER BONDS BY THE STATE OF FLORIDA OR OTHER FUNDING AS PROVIDED BY THE
LEGISLATURE.
BLA No.: 328702—MCLA/Specht 5
PROJECT AREA: Coupon BightOKey Deer—Big Pine Key
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
i ,,,,
Wttn _ - —
as to Selle A t ��„
David P..Rice,Chairman
Witness as to Seller
Date signed by Seller
Phone No. _
8 a.m.—5 P.M.
Approvod as to form paid legality,
STATE OF i .Au ) .
r1, 64? sa,wiiegyire m_W
COUNTY OF
The foregoing instrument �20cknowb�dDged by means of
man of ���������
was physical presence or[,online notarization
ty day of w�..,
o,
this i �� Monroe County Comprehensive Plan Land
Authori . Such person()(Notary Public must check applicable box):
is/are personally known to me.
produced a current driver license(s).
p identification.
produced wo as rd
_ r �
(NOTARY PUBLIC SEAL)
Notary
.., , ,�(
Public
(Printed,Typed or Stamped Name of
DIHAGAMBt12ZA
. WCOIAMMION#GG83 W Notary Public)
September 17 2023
'�= p(pIRES:3e
gpr NplaryNAcU„de,wrlAm Commission No.:
My Commission Expires:
BLA No.: 328702—MCLA/Specht 6
PROJECT AREA: Coupon Bight/Key Deer—Big Pine Key
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
PROTEC' 0N
w
Witness pauyer �� ;�� ��„. Collie DeHaven,Director
W
i as to Buyer y
Date signed by iuyer '
Approved as to Form and Legality
ft%Wk$Wed by Lob US—
By:
Lois La 5eur «241��
Date:
STATE OF.
COUNTY OF
The foregoing instrument was acknowledged before me by means of "physical presence or[J online notarization
this 22 day of� "m�_�,.M.__�,20 .E by Callie DeHaven,Director,Division of State Lands,the State
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) ,.,
y
Notary Public
G
SUSAN K BRANCH (Printed,Typed or Stamped Name of
A 219�
&PM0 bber Notary Public)
B=Wdft�N °
>* enoe 80,%s7019 Commission No.:
My Commission Expires:
BLA No_ 328702-MCLA/SpecM 7
PROJECT AREA- Coupon BighWcy Derr-Big Pine Key
EXHIBIT"A"
Lot 1,Block 16,Palm Villa,Big Pine Key Fla.,a subdivision in the NorthwestY of Section 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.
BSM APPROVED
By:�,4.. Date. 03/17/2023
Coupon Bight—Key Deer
Monroe County Land Authority(Specht)
Monroe County
ADDENDUM
BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT
(OTHER)
Before me, the undersigned authority, personally appeared David P.Rice,("affiant"),this day of
'1 ,202"",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
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
penalties prescribed for perjury, the following is a list of every "person" (as defined in Section 1.01(3), Florida
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.
2) That to the best of the affiant's knowledge,all persons who have a financial interest in this real estate
transaction or who have received or will receive ,,,, „estate ,,,attome�'s ror consultants fees,or an other
real estates„ T �ww_
fees,,.9psts,.orwother benefits incident to the sale of the Property are:
Name Address Reasor►,,for,,,,pa.meat Amount
Gregory Oropeza 221 Simonton Street Attorney's Fee $475.00
Oropeza Stones and Cardenas,PLLC Key West,FL 33040
BRES-133 REVISED O1/22/15
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
Phillip Russell Specht,individually 12/16/22 Sale to Monroe County $50,000
and as Successor Trustee of the Comprehensive Plan Land
F.Russell Specht Trust Agreement Authority
dated 4/15/95 and Phillip Russell 1200 Truman Avenue,Suite 207
Specht,Individually and as Successor Key West,FL 33040
Trustee of the Nellie K.Specht Trust
Agreement dated 4/15/95
2191 Union Church Road
Bishop,GA 30621
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
This affidavit is given in compliance with the provisions of Sections 286.23, 375.031(1), and 380.08(2),
Florida Statutes.
AND FURTHER AFFIANT SAYETH NOT. AFFIANT 0
avid P.Rice
C
STATE OF GS 1O}Orlr1andIQQa�l1y;
Approve
ti + .,..i
�..�
COUNTY OF tk+ � GrilQory S,Orop ga,Inquire
this V �...1 20" , by David P. Rice. Such
h.....,...
The foregoinginstrument was acknowledged before me b means of °°"°"� ysical presence or[�online notarization
"" °"day of� � Such person(s) (Notary Public must check
applicable box):
( ....... are personally known to me.
[ ] produced a current driver license(s).
[ ] produced as identification.
1
(NOTARY PUBLIC SEAL) �
Nwary Public d
1 '�i m� u,
_. m1Na (Printed,TYped or ..
DI .....
•. mycoStamped Name of
A
;qP _ �RE�Se*mbwf720� Notary Public)
of
Ballad•.. 7Trufiomry,pap& Commission No.: Q 3
My Commission Expires:
BRES-133 REVISED 01/22/15