03/20/2024 Agreement COURT ;:
Kevin Madok CPA
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�o•...... Clerk of the Circuit Court& Comptroller-Monroe County, Florida
DATE: July 24, 2024
TO: Nicole Lyons, Chief Accountant
Monroe County Clerk's Office
Michael Stanek, Property Clerk
Monroe County. Clerk's Office
FROM.• Liz Yongue, D.C.
SUBJECT: March 20, 2024 BOCC Meeting
Enclosed is the Purchase Agreement, Restrictive Covenant and Deed, authorized by the
below BOCC Agenda Item, which has been added to the record.
F3 Resolution :123-2024 granting approval of a Purchase Agreement for property
funded by the Community Development Block Grant Disaster Recovery(CDBG-DR)Voluntary.
Home Buyout.Program(VHBP)in the amount of$825,000.00, 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
allocations, as well as rescinding Resolution No. 041-2023, which approved a prior purchase
agreement, restrictive covenant,and:movement of 1 ROGO exemption; and rescinding an
extension of the prior purchase agreement.
Should you have any questions please feel free to contact me at(305) 292-3 550.,
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
MONROE'COUNTY,FLORIDA
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VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FOR PURCHASE
This AGREEMENT made this �k dayof 1� , .� 2024, byandbetween
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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 The Estate of Joey t- "nn James (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(sy 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:
Tract 1: The tract of land lying and being in the County of Monroe, No Name Key, State
of Florida, described as follows:
Township 66 South, Range 29 East, Tallahassee Meridian, Section 13, the West 310
feet of the East 400 feet lying North of the South 750 feet of the West 900 feet of the
East 1560 feet of Government Lot 1.
Together with an easement over and on the U.S. Government's 30.03 acres and Doris
C. Burch's 8 acres over an Existing Road, which easement is for the purpose of ingress
and egress and for utility lines and for water pipelines.
Also:
Tract 2: All that tract of land lying and being in the County of Monroe, No Name Key,
State of Florida, described as follows:Township 66 South, Range 29 East, Tallahassee
Meridian, Section 13,the East 90 feet lying North of the South 750 feet of the West 900
feet of the East 1560 feet of Government Lot 1.
Together with an easement over and on the U.S. Government's 30.03 acres and Doris
C. Burch's 8 acres over an Existing Road, which easement is for the purpose of ingress
and egress and for utility lines and for water pipelines.
RE NUMBER: 00108480-000000
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
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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 $825,000.00 to be paid at closing, 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 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 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 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).
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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. PROPERTY SOLD "As Is". Seller hereby specifically disclaims any warranty (oral or written)
concerning: (i)the nature and condition of the Property and the suitability thereof for any and
all activities and uses that Purchaser elects to conduct thereon; (ii) the manner, construction,
condition and state of repair or lack of repair of the Improvements; (iii) the compliance of the
Land and the Improvements or their operation with any laws, rules, ordinances or regulations
of any government or other body. Buyer agrees to accept all risk of Claims (including without
limitation all Claims under any environmental law and all Claims arising at common law, in
equity or under a federal, state or local statute, rule or regulation) whether past, present or
future, existing or contingent, known or unknown, arising out of, resulting from or relating to
the Property, known or unknown, contemplated or uncontemplated, suspected or
unsuspected, including without limitation, the presence of any Hazardous Substance on the
Property, whether such Hazardous Substance is located on or under the Property, or has
migrated or will migrate from or to the Property. Seller shall have no obligation to improve or
otherwise alter any portion' of the Property from its current condition in any manner
whatsoever. The sale of the Property as provided for herein is made on a strictly "As Is",
"Where Is", "With All Faults" basis as of the closing date, and Seller(s) make no warranty or
representation, express or implied, or arising by operation of law, including, but in no way
limited to, any warranty of quantity, quality, condition, habitability, merchantability, suitability
or fitness for a particular purpose of the property, any improvements located thereon or any
conditions related thereto.
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VOLUNTARY HOME BUYOUT PROGRAM
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10. EXPIRATION OF OFFER. This offer from Buyer will be withdrawn at 5 o'clock PM.
(Eastern Time) on Tuesday, March 18, 2024, 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.
11.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.
12. 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.
13. 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.
14. 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 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.
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MONROE COUNTY,FLORIDA
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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/ Daniel Howard James, Personal Representative of The Estate of
Joey Lynn James
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Signature Date Phone Number
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
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(Seal) MONROE COUNTY ATTORNEY
APPROVED AS FORM
Date: 431 201 ZO'1
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KELLY DUG
ASSISTANT COUNTY
ATTORNEY
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