Item G17 G17
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
October 16, 2024
Agenda Item Number: G17
2023-3064
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
9:25 AM
AGENDA ITEM WORDING: Approval of Amendment 1 to the Agreement to purchase Block 17,
Lot 10, Rainbow Beach from Habitat for Humanity of Key West and Lower Florida Keys, Inc. to allow
the Land Authority to file a quiet title suit to eliminate a title defect at the Seller's expense.
ITEM BACKGROUND:
This item is proposed to assist Habitat for Humanity of Key West and Lower Florida Keys, Inc. in
eliminating a title defect so that a pending sale to the Land Authority can close.
On December 27, 2022 the Land Authority entered into an agreement to purchase Block 17, Lot 10,
Rainbow Beach on Big Torch Key from Habitat for Humanity for conservation for the price of
$19,000. The transaction has not closed because the Seller(Habitat for Humanity) has been unable to
deliver clear title. The title defect involves an estate in the property's chain of title that was never
probated in Florida.
The proposed amendment calls for the Land Authority to pay the Land Authority's legal counsel to file
a quiet title suit to clear the property's title. Once the title is clear and the transaction is ready to close,
the cost of the suit will be deducted from the Seller's proceeds at closing. The estimated cost of the suit
is $5,000 to $6,500.
PREVIOUS RELEVANT BOCC ACTION:
On February 15, 2023 the Board approved purchasing this property for the price of$19,000
INSURANCE REQUIRED:
No
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CONTRACT/AGREEMENT CHANGES:
The Land Authority will pay the Land Authority's legal counsel to file a quiet title suit to clear the
property's title.
Once the title is clear and the transaction is ready to close, the cost of the suit will be deducted from the
Seller's proceeds at closing.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Amendment I to Purchase Agreement
Purchase Agreement.pdf
FINANCIAL IMPACT:
N/A
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AMENDMENT 1 TO AGREEMENT FOR THE PURCHASE OF LANDS
THIS AMENDMENT 1 modifies that certain Agreement for the Purchase of Lands (hereinafter
"Original Agreement") executed by Habitat for Humanity of Key West and Lower Florida Keys,
Inc. (hereinafter "Seller(s)") on December 22, 2022, as Seller, and executed by the Monroe
County Comprehensive Plan Land Authority (hereinafter "Land Authority") on December 27,
2022, as Buyer.
WHEREAS, to date the pending real estate transaction has not closed because Seller(s) have
been unable to deliver clear title; and
WHEREAS, the LAND AUTHORITY wishes to assist the Seller(s) in delivering clear title by
entering into this Amendment 1.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. The LAND AUTHORITY will pay the LAND AUTHORITY's legal counsel to file a quiet
title suit to clear the subject property's title.
2. The cost of said quiet title suit will be deducted from the Seller(s)'s proceeds at closing.
3. All other provisions of the Original Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereunto signed their names and affixed their respective
seals.
Seller/ Habitat for Humanity of Key West and Lower Florida Keys, Inc.
By: Joe Moody, President
, 2024
Signature
Buyer/ Monroe County Comprehensive Plan Land Authority
By: David P. Rice, Chairman
, 2024
ATTEST:
Cynthia Guerra, Acting Executive Director
Approved as to form and legality
Gregory Oropeza, Esquire
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of � �202 , by
and between
Habitat for Humanity of Key West and Lower Florida Keys, Inca
(hereinafter "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,
ITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the LANCE AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the prig of $19,000.00 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 17, Lot 10, Rainbow Beach (PB 1-164)
Marcel 102 ®a 000
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
ND AUTHORITY shall have sixty ( 0) days from the Effective Date 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 (10) 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 LAND AUTHORITY shall have the
option of either accepting the title as it then is or rescinding the Agreement herein.
. 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 LAND
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AUTHORrrY 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 AUTHORO TY 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 LAND Au"N`HORlTY 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 LAND AUTHORITY,, Monroe County, or the State of Florida
associated with, or arising from ownership of, said lands and this waiver shall survive closing.
. The Sellers) 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
marketable 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 ales and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
. In consideration whereof the SAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $19,00 m0 . The LAND AUTHORITY further agrees that, after the
preparation, execration, and delivery of the deed, crud after the legal counsel of the LAND
AUTHORlTY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to
be paid to the Seller(s) the purchase price. 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 startups 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. pull 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 scald, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense, The Seller(s) expressly agree hereon to
furnish to the LAND AUTHORITY any documents in Sellers)°s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
. 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.
90 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
PO Box 5873
Key esf® FL 33046
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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.
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.
1 Z The effective date of this Agreement (hereinafter"Effective Gate") shall be that date when the last
one of the Seller(s) and the LAND AUTHORITY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Sellers) have until December 22, 2022
to sign and return this Agreement to the LAND AUTHORITY, 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 Advisory Committee and Governing Board of the
LAND AUTHORITY, 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 (160)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 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 Sellers),
Seller! Habitat for Humanity of Key West and Lower Florida Keys, Inc.
By: Terri Hill, President
Si nature Gate Phone Nurr�ber Email Address d
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 03-201 , has executed this Agreement on
be� If of the ®NR®E COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this T,�..�° day of
; 2022.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Christine Hurley, xecu ive actor
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