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Item F11 F11 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: F11 2023-1853 BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land Management TIME APPROXIMATE: STAFF CONTACT: Christine Hurley AGENDA ITEM WORDING: Approval of a contract to purchase Tier 3 property for density reduction Block 1, Lot 4, Key Largo Beach near mile marker 99 from Lignumvitae Flower, LLC for the price of$120,000. ITEM BACKGROUND: This acquisition is proposed to protect property rights, to reduce density, and to reduce the County's potential liability for takings suits. The Monroe County Land Authority(MCLA) negotiated the proposed agreement on the Board's behalf pursuant to an interlocal agreement between MCLA and the County authorizing MCLA to administer the County's Density Reduction Acquisition Program. The subject property is located on Coral Drive on the ocean side of Key Largo. Purchase Price and Estimated Closing Costs: • Purchase Price: $120,000.00 • Cost of Appraisal: $750.00 (estimated) • Cost of Survey: $0.00 • Title Fees &Insurance: $1,225.00 • Attorney Fee: $475.00 • Recording Fees: $35.50 • Total Costs: $122,485.50 (estimated) Attributes of the Subject Property: • Parcel ID#: 00501090-000000 (Vacant Lot 4 Only) • Size: 6,000 square feet • Tier Designation: Tier 3 -Infill Area • Zoning Designation: Improved Subdivision (IS) • Future Land Use Map Designation: Residential Medium (RM) • Vegetation: Developed Land 1729 • Florida Forever Boundary: This property is outside the Florida Forever boundary. • Transferrable Development Rights (TDRs): 1 TDR • Cost per TDR: $120,000 • ROGO Dedication Points: 5 points • Cost per ROGO Dedication Point: $24,000 The appraisal obtained supports the agreed upon purchase price. PREVIOUS RELEVANT BOCC ACTION: On September 21, 2022 the Board approved the Third Amended and Restated Interlocal Agreement between MCLA and the County authorizing MCLA to administer the County's Density Reduction Acquisition Program. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Aerial Property Record Card Executed Purchase Agreement FINANCIAL IMPACT: Effective Date: December 13, 2023 Expiration Date: None Total Dollar Value of Contract: $120,000.00 plus estimated closing costs of$2,485.50 (estimated) Total Cost to County: $ $122,485.50 (estimated) Current Year Portion: $ $122,485.50 (estimated) Budgeted: Yes Source of Funds: 304 Funds infrastructure sales surtax CPI: N/A Indirect Costs: To be determined 1730 Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing:No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes, will be covered by County's liability policy Additional Details: $120,000.00 plus estimated closing costs of$2,485.50 (estimated) 1731 Block 1, Lots 3 and 4, Key Largo Beach Key Largo ri <o I" ✓ '.;/.- (lll/</,�'('.��wr/ll�/rl✓✓ 'lii i�'i�%/%/l/i `w �,r" ��09,��/�;f � r �i�6C�J;//�%/��iF „ 1r i ' y� ��ll/,// ��/,��,��,i�ll��l�l�/J�✓ll��l�f��yf� BAHAMA AVE »»»> fj �W�/��///��/1 ",�f��l�l�l t»r//�/ EAST DR ,,, , ,« • , �� ,. of/ii '1�,;.,� ,rr � Up,✓ � � ✓�✓/ ��iy��;� /�r ,� � /�I�/� �/��f��G MARINA AVE » '` o 'i �� lflF'��✓✓,� �l�/q; u O 111 x SAILFISH TRL �� - a 1i� O O Q a � / pf ✓/jai%' �iiii� ��r��i y��/,� �rY:;w;�ffl/�l1'llllf/ �� ,,, , ;� a�,i I �i1�;�� //lrr�/ii,,,;, '��//1%�✓/✓/�!/,!�✓✓�,/f� �/ �,.," i y,/l�`lf�� SEAGATE BLVD y,r . �l„>, ti ylf�� l �� ,l � 91�� f �� %%/ / ��,rf��l�l 1/ / ,��1 r✓�% f� ��N'� l9 M1 ,I �� F- f �, frr Yam. 1732 6/7/23,4:45 PM gPublic.net-Monroe County,FL-Report:00501090-000100 -,ti, i Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure ajustvaluation for ad valorem tax purposes of all property within the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00501090-000100 Account# 9105156 Property ID 9105156 MillageGroup SOOK Location VACANT CORAL Dr,KEY LARGO Address Legal BK 1 LT 4 KEY LARGO BEACH SUBD PB2-149 KEY LARGO OR473- Description 297 ORS52-113 OR677-11 OR803-1404 OR862-235 OR894-583 OR1405-1991 OR1443-1398 OR1443-1399 OR1452-1426 OR1500-226 OR2125-667/68 OR2146-1271/72 OR2157-931 EI, OR2318-932 OR3136-0304 OR3207-0831 �w F QII�su�sM��II"�su��as IPss.�iaissMs�l onIIuvM�;,�rrall r,�lau�u�ui�irnaMu�m�») rs a Neighborhood 3300 Property Class VACANT RES(0000) r Subdivision KEY LARGO BEACH Sec/TWp/Rng 33/61/39 Affordable No Housing Owner LIGNUMTIVAE FLOWER LLC 150 Tampa Dr Tavernier FL 33070 Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY UNPERMITTED(01DM) 6,600.00 Square Foot 60 110 View Tax Info VJ w1 Faxes for tllflsIPaircelll y s f lidr a ° "l i d A u d G ii i f Alr/1�� ir(IIIAIGIYirmrmlrm7J11�Wlihkma//�N)> �i �✓OJ/I/G,r�a�J�rir„ htt s:// ublic.schneidercor .com/A lication.as x?A ID=605&La erlD=9946&Pa eT eID=4&Pa eID=7635&Ke Value=00501090-000100 1733 P gP P PP P PP Y 9 YP 9 Y - 6/7/23,4:45 PM gPublic.net-Monroe County,FL-Report:00501090-000100 Map J,. i .�. No data available for the following modules:Valuation,Historical Assessments,Buildings,Yard Items,Sales,Permits,Sketches(click to enlarge),TRIM Notice. t" iii,/ ri,/ ir, ii, rJ;""'On irLy/'Jth� It,iifC 1 i L/;;.,Ir yi I,ir Di X i11111 19ILM ri -r ,/ �r Di ityt r , r ��i I i t i i i 10 1 I, D i I x i y/,/If i1 i I hr r , u y f it lit i 0, ity / "" Schneider E'[ i/„,LU il'i,_5 I%r.1, ,r r,1�3 „,/I i J$�r it igoif�, yi in,/ «f i�. ii1„.;i-nr�+ GEOSPATIAL U°s air'„IPir ii�aescy„IF"-'11.,y b..... ..u��a:,y,IN�a ni iia cA 1 m' �JIlggfi/ a1, AID /, 10 htt s:// ubiic.schneidercor .com/A lication.as x?A ID=605&La erlD=9946&Pa eT eID=4&Pa eID=7635&Ke Value=00501090-000100 1734 P gP P PP P PP Y 9 YP 9 Y -- AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this 16th day of November 2023, by and between Lignumvitae Flower, LLC (hereinafter"Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). WITNESSETH: 1. In consideration of Ten Dollars ($10.00)in hand, paid by the COUNTY,the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain lands upon the terms and conditions hereinafter set forth, and for the price of $120,000 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 1, Lot 4, Key Largo Beach (PB 2-149) Vacant Lot 4 Portion of Parcel ID# 00501090-000000 2. The Seller(s)agree that they have full right, power and authority to convey, and that they will convey to the COUNTY 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 COUNTY, at the COUNTY'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 COUNTY shall have sixty (60) days from the Effective Date in which to examine title. If title is found defective, the COUNTY 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). The Seller(s)will use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits, failing which the COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. 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 while this Agreement is pending. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the COUNTY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the 1 1735 Seller(s); and that, in the event any such loss or damage occurs, the COUNTY may, without liability, refuse to accept conveyance of said lands. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable 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 COUNTY or the State of Florida 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 COUNTY a good and sufficient deed of warranty conveying to the COUNTY a marketable title to the said lands of such character as to be satisfactory to the legal counsel of the COUNTY 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 COUNTY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other interests at the price of $120,000. The COUNTY further agrees that, after the preparation, execution, and delivery of the deed, and after the legal counsel of the COUNTY shall have approved the title thus vested in the COUNTY, it will cause to be paid to the Seller(s)the purchase price. The COUNTY 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 COUNTY, 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, and real estate commissions, if any. Full possession of the premises shall pass to the COUNTY 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 COUNTY will be obtained by the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY 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 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 COUNTY, whether or not such taxes and assessments are then due and payable. 9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s) at the following address: 150 Tampa Drive Tavernier, FL 33070 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. 2 1736 10. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 11. The Seller(s) shall close any open building permits or code enforcement proceedings prior to closing. 12. The effective date of this Agreement (hereinafter "Effective Date") shall be that date when the last one of the Seller(s) and the COUNTY has signed this Agreement. 13. If the Seller(s)wish to proceed with this transaction, the Seller(s) have until November 17, 2023, to sign and return this Agreement to the COUNTY. This Agreement may be executed in counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Monroe County Board of County Commissioners, failing which the parties acknowledge that each shall be released of all further obligations under this Agreement. In the event this transaction has not closed within one hundred eighty (180) days from the Effective Date, then either party may terminate this Agreement at any time thereafter by providing written notice, in which case the parties acknowledge that each 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 COUNTY or its authorized representative, or any other office or agent of the COUNTY 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). Seller/ Lignumvitae Flower, LLC By: Alexis Padron, Manager Aa-" November 16,2023 Signature Date Phone Number Email Address By: Cristina Acosta-Padron, Authorized Member 4T� November 17,2023 Signature Date Phone Number Email Address Buyer/ COUNTY: MONROE COUNTY, FLORIDA ATTEST: Kevin Madok, CPA, Clerk By: As Deputy Clerk Holly Merrill Raschein, Mayor (Seal) Date: 3 1737