02/15/2023 Agreement °,,I COURJB'
Kevin Madok, CPA
5ts
cOUNSy 4 Clerk of the Circuit Court& Comptroller Monroe County, Florida
DATE: March 1, 2023
TO: Christine Hurley, Executive Director
Monroe County Land Authority
ATTN: Dina Gambuzza
Property Specialist
FROM: Liz Yongue, Deputy Clerk
SUBJECT: February 15th BOCC Meeting
Enclosed are the following items for your handling:
F1 Resolution 082-2023 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
$380,000.00, 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).
F2 Resolution 083-2023 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
$240,000.00, 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).
When the Purchase Agreement and Restrictive Covenant have been finalized and added
to the Official Record, please send us electronic versions of the whole packet to add to the
record.
Should you have any questions please feel free to contact me at(305) 292-3550!
cc: County Attorney
Finance
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
' ' MONROE COUNTY,FLORIDA
1
VOLUNTARY HOME BUYOUT PROGRAM
,.F
AGREEMENT FOR PURCHASE
This AGREEMENT made this I rs'64 day of R itN vtA-:, z 2023,, by and between
Monroe County, a political subdivision of the State of Erida,whose post office address
is 1100 Simonton Street, Suite 205, Key West, FL 33040 (hereinafter referred to as "Buyer")
and Atul Kumar(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 parcel of land on Big Pine Key, Monroe County, Florida, lying and being in Section 25,
Township 66 South, Range 29 East described by metes & bounds as follows: Commencing
at the Northeast Corner of Lot 10, Block 33 of Sands Subdivision as recorded in Plat Book 1,
Page 65, of the Public Records of Monroe County, Florida, bear South 89 Degrees and 52
Minutes East along Avenue "F", 163 Feet to the Point of Beginning; from this Point of
Beginning bear South 89 Degrees 52 Minutes East 81 feet, thence South 50 Feet, thence
bear North 89 Degrees and 52 Minutes West 81 Feet, thence North 50 feet back to the Point
of Beginning.
RE NUMBER: 00304430-000100
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
together with legal and practical access thereto clear,free and unencumbered, subject to the
following easements or reservations for canals, ditches, flumes, pipelines, railroads, public
highways and roads, telephone, telegraph, power transmission lines and public utilities.
2. CONSIDERATION. The purchase price for the Property and improvements above described
is $240,000.00 to be paid at closing, minus any outstanding liens or assessments which are
due and payable at the date of settlement.
1
, , MONROE COUNTY,FLORIDA
) 1`f VOLUNTARY HOME BUYOUT PROGRAM•
3. CONTINGENCIES.
3.1 Seller(s) shall vacate the property within 90 days from the date of this contract or by
the vacancy inspection date, whichever is earlier. If Seller(s) does not vacate the
property, the Buyer shall have the right to void this contract, unless an extension has
been agreed upon, in writing, between Seller(s) and the Buyer. The Property shall be
delivered by Seller(s) at settlement/closing date free of any tenant(s) or occupant(s)
and future tenancies.
3.2 Buyer shall have access to Property and the right to perform any and all inspections
on the Property up until day of closing/settlement date. If Buyer's inspections are not
satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer
shall also have the right to void this contract 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. Buyer's 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 indude deed preparation and payoff
fees. Buyer shall be responsible for Buyer's transaction costs and Seller(s)'s transaction costs.
Seller(s) shall be responsible for any costs necessary to deliver a marketable title (including
recording of loan and/or lien satisfactions or other fees needed to cure title). If Seller(s) is
represented by a realtor or attorney, the Seller(s) is responsible for all Seller(s)' realtor and
attorney fees. Seller(s) shall furnish to Buyer at Closing an affidavit attesting to the absence of
any financing statement, claims of lien, or potential lienors known to Seller(s).
5. REAL ESTATE TAXES. Buyer shall be responsible for the pro-rata share of prepaid real
property taxes, including any special taxes, due at the date of settlement/closing. It shall be
the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the
date 'of settlement/closing, whether or not such taxes and assessments are then due and
payable.
6. ADJUSTMENTS. NONE.
0 `rti.
MONROE COUNTY FLORIDA
T - VOLUNTARY HOME BUYOUT PROGRAM
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 agrees 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 Tuesday,January 10, 2023, unless accepted or countered by Seller(s)
in written form prior to such time_ If Seller(s)requires an extension to the time and date stated
above to accept or counteroffer the offer presented by the Buyer, a written request with
reasoning needs to be submitted to and approved by the Buyer prior to the expiration date.
10.TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this
contract that stipulate a specific period of time for performance. Failure of Seller(s) to
complete any provision of this contract within the stipulated period of time for completion of
the provision will constitute, where applicable, a default of this contract.
11. SURVIVAL. If any provision herein contained which by its nature and effect is required to be
observed, kept or performed after closing, it will survive the closing and remain binding upon
and for the Parties hereto until fully observed kept or performed.
12. ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the
Certificate of Removal of Personal Property and Abandonment, the Subrogation Agreement,
Right of Entry, Hold Harmless and Indemnification Agreement, and Certificate of Vacancy
Inspection supersedes any and all understandings and agreements between the parties and
constitutes the sole and entire agreement between the parties. No oral agreement or
representations prior hereto shall be included herein unless set forth in writing. Any change to
this contract shall be in writing.This agreement shall be constructed in accordance with the laws
of the State of Florida. It is understood by the parties that this agreement is subject to Chapter
119, Florida Statute regarding.Public Records Law.
13. EFFECTIVE DATE.The effective date of this Agreement shall be that date when the last one of
the Seller(s) and the Buyer has signed this Agreement.
MONROE COUNTY,FLORIDA
.. a t r
VOLUNTARY HOME BUYOUT PROGRAM
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their
respective seals on the day first above written and therefore the Seller(s)for and in consideration
hereinabove acknowledge as received, have and do hereby grant unto the Buyer or its authorized
representative, or any other office or agent of the Buyer authorized to purchase said lands, the
option and right to enter into this Agreement and to purchase said lands as herein provided.
Warning:Any person who knowingly makes a false claim or statement to HUD may be
subject to civil or criminal penalties under 18 U.S.C..287, 1001 and 31 U.S.C. 3729.
Seller/Atul Kumar
1Joe1Z3 2iq-663 r3VLji
Signature Date Phone Number
Buyer/COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
By: q OW 4mor
As De Clerk Craig CateAse„„,4(...
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APPROVED A TO FORM
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C _ KELLY D GAN
ASSISTANT COUNTY ATTORNEY
c) a% ...., a Date: 211fl/23
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