Item H2LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date:Division:
November 19, 2008 Land Authority
Bulk Item:Contact / Phone #:
Yes No X Mark Rosch / 295-5180
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Agenda Item Wording:
Approval of a contract to purchase Block 2, Lot 2, Paraiso Estates on 75
Street in Marathon for affordable housing.
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Item Background:
This acquisition is proposed to provide an affordable housing site for Habitat for
Humanity of the Middle Keys. The subject property is a 9,762 square foot lot zoned Residential
Medium with vegetation classified by the City of Marathon as disturbed. Marathon City Council
Resolution 2008-165 supports acquisition of the site for affordable housing. The City recently approved
the Seller’s application for one market-rate ROGO allocation for the property.
The property’s size and zoning allow for the development of up to two affordable single-family homes
as of right. Habitat for Humanity proposes to build two houses of the style the organization recently
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built on 64 Street. Although the development plans are still preliminary, Habitat anticipates the houses
will have 3 bedrooms and range in size from approximately 1,100 to 1,200 square feet. Habitat would
then sell the units to income-qualified buyers subject to a ground lease at approximately $165,000 to
$170,000 per unit. The proposed contract anticipates the following steps: 1) the Land Authority will
purchase the site; 2) the Land Authority will impose deed restrictions and transfer title to the BOCC;
and 3) the BOCC will lease or convey the property to Habitat for Humanity of the Middle Keys for
development. Approval of this agenda item will allow staff to proceed with step 1.
The Land Authority's standard purchase contract will be used for this transaction. The agenda packet
spreadsheet lists the legal description, purchase price, and estimated closing costs.
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Advisory Committee Action:
On October 29, 2008 the Land Authority Advisory Committee voted 5/0
to approve this acquisition.
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Previous Governing Board Action:
The Board has approved the purchase of other affordable
housing sites for Habitat for Humanity of the Middle Keys.
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Contract/Agreement Changes:
None.
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Staff Recommendation:
Approval.
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Total Cost:Budgeted:
$103,028.50 Yes X No.
Cost to Land Authority:Source of Funds:
$103,028.50Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By:
Attorney X County Land Steward _.
Documentation:
Included: X To Follow: Not Required: .
Disposition:
Agenda Item ____
PURCHASE CONTRACTS
11/19/08
PurchaseEnvr. Audit, SurveyTitleAttorneyRecordingTotal
PropertyPriceor Clean-upInsuranceFeeFeeCosts
Paraiso Est. Subdivision
$99,810.00$2,000.00$700.00$500.00$18.50$103,028.50
Block 2, Lot 2
(Servais)
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this ______ day of __________________, 2008, is by
and between
Richard B. Servais
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter,
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
$99,810.00
upon the terms and conditions hereinafter set forth, and for the price of for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with 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
County of Monroe, State of Florida, more particularly described as follows; to-wit:
Block 2, Lot 2, Paraiso Estates (PB 5-2)
RE# 00343090-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities.
The LAND AUTHORITY, at the LAND AUTHORITY’S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall
constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to
examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time
period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the
Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the
title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the
Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s)
will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time
provided therefore, including the bringing of necessary suits.
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3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered. It is further agreed that any loss or damage
occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the
unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the
Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may
refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance
upon an equitable adjustment of the purchase price.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the LAND AUTHORITY shall have at all proper times the unrestricted right
and privilege to enter upon said lands for all proper and lawful purposes, including examination of
said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all
claims against the LAND AUTHORITY or Monroe County associated with, or arising from
ownership of, said lands and this waiver shall survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe
title to the said lands of such character as to be satisfactory to the legal counsel of the LAND
AUTHORITY and said deed shall provide that the use, occupation and operation of the rights-of-
way, easements and reservations retained therein, shall be subordinate to and subject to such
rules and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
$99,810.00
other interests at the price of . The LAND AUTHORITY further agrees that, after the
preparation, execution, delivery and recordation of the deed, and after the legal counsel of the
LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will
cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND
AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the
conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination
fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real
property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY,
or the effective date of possession of such real property by the same, whichever is earlier. The
Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal
of trash, debris, and structures from the property, if any. Full possession of the premises shall
pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the
reservations stated in Section 2 above.
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY 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.
8. It is mutually understood and agreed that the LAND AUTHORITY may assign this contract.
9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
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10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
329 Calzada de Bougainvilla
Marathon, FL 33050
and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
11.The property shall be delivered at closing free of any tenant or occupancy whatsoever.
12.The effective date of this agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this agreement.
November 4, 2008
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until
to sign and return this contract to the LAND AUTHORITY.
14. The LAND AUTHORITY intends to purchase the subject property as an affordable housing site in
partnership with the Monroe County Board of County Commissioners and Habitat for Humanity of
the Middle Keys, Inc. The parties acknowledge this Agreement is intended to replace the
Seller(s)’ pending contract for purchase and sale with Habitat for Humanity dated October 22,
2008. Notwithstanding any provision of this Agreement to the contrary, the closing of this
transaction is contingent upon:
a) approval by the Land Authority Advisory Committee and Governing Board; and
b) the Monroe County Board of County Commissioners agreeing to accept title to the property
from the LAND AUTHORITY with said title encumbered with affordable housing deed
restrictions.
[The remainder of this page is blank.]
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In the event these contingencies are not satisfied and the transaction is not closed on or before
January 22, 2009, both the LAND AUTHORITY and the Seller shall have the right to terminate this
Agreement by providing written notice, at which point both parties shall be released of all further
obligations under 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 of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
authorized to purchase said lands, the option and right to enter into this Agreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein
provided.
Richard B. Servais
Seller/
________________________ ___________ __________________ ________________
Signature Date Social Security Number Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this ______ day of
______________________, 2008.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
________________________________
Mark J. Rosch, Executive Director
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