11/19/2003 AgreementDANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 8, 2003
TO: James Roberts
County Administrator
ATTN. Debbie Frederick, Aide
to County Administrator
FROM. Pamela G. Hanco
Deputy Clerk Cy
At the November 19, 2003, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement for the Purchase of Lands between Monroe
County and Coconut Grove Bank, Trustee, as an addition to the Key Largo Community Park.
Enclosed is a certified copy of the above -mentioned for your handling. Should you have
any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this i z - day of �/OyfG��r�. 2003, is by
and between
Coconut Grove Bank, Trustee
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter,
"County") acting by and through its Mayor/Chairman.
WITNESSETH:
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 $450,000.00 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:
See Exhibit A
RE #453440-001100
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:
All existing easement of public record, including those 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 receipt of an acceptable environmental site assessment
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), failing which the COUNTY shall have the option of either accepting the title as it then
is or rescinding the contract herein; thereupon the COUNTY 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.
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 COUNTY 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 COUNTY 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 COUNTY 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 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
COUNTY a good and sufficient deed of warranty conveying to the COUNTY a safe 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 $450,000.00. The COUNTY further agrees that, after the preparation,
execution, delivery and recordation 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 by a check drawn on the account of the COUNTY. 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. 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 is mutually understood and agreed that the COUNTY 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 COUNTY, whether or not such taxes and assessments are then
due and payable.
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:
061
PO Box 3130
Key Largo, FL 33037
Phone: 451-5516
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
COUNTY has signed this agreement.
13. The COUNTY shall have sixty (60) days from the effective date of this agreement in which to
conduct an environmental site assessment to determine the existence and extent, if any, of any
hazardous materials on the property. For the purposes of this agreement, "hazardous materials"
shall mean any hazardous or toxic substance, material or waste of any kind or any other
substance which is regulated by any environmental law. If the environmental site assessment
identifies the presence of hazardous materials on the property, the COUNTY shall, within this
specified time period, notify Seller(s) in writing of the findings. The Seller(s) will then have one
hundred twenty (120) days from receipt of notice within which to pursue, at Seller(s)' sole cost
and expense, any assessment, clean-up, and monitoring of the Property necessary to bring the
Property into full compliance with any and all applicable federal, state or local laws, failing which
the COUNTY shall have the option of either accepting the property as it then is or rescinding the
contract herein; thereupon the COUNTY and the Seller(s) shall release one another of all further
obligations under this Agreement.
[The remainder of this page is intentionally left blank.]
3
14. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until November 10, 2003
to sign and return this contract to the COUNTY.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written, with the understanding that this Agreement for Purchase cannot
be executed by the COUNTY until after it is reported to it for its consideration, 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), and to
purchase said lands as herein provided.
Seller/ Coconut Grove Bank, Trustee
106
Si nature D e Social Security Number Phone Number
y/ I
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
MAYOR/CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS this 19th day of November , 2003.
Ir: KOLHAGE, CLERK
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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56putytlerk Mayor/Chair
Murray E. Nelson
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MONROE COUNTY ATTORNEY
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ASSISTANT ATTORNEY
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Coconut Grove Bank, Trustee warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to
STATE OF T'\Cpr,ac.,
COUNTY O
County officer or employee.
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
\-C)ep, 1, Y Z ' who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this I `-1*' day of
����•: �•691
��S Mir HOW. -
My commission expires: SC' co j 2-clb--"t
OMB - MCP FORM #4
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DANIELLE HERNANDEZ
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MY COMMISSION # DD 25044
EXPIRES: October 6, 2007
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Banded ihru Notary PuWr Urtler Wilers
FROM FAX NO. lYla y. 27 2003 01: 13PM PI
MMIDIT Ile
A parcel of lavd lying in Tract "E" of PORT LA W, a Subdivision in Section 339
Tovnahip 51, Range 39 East on Rey Largo, according to the Plat thereof, as recorded
in Plat Book 5, at Page 3, of the Public Recorda or Monroe County, Florida, being
note particularly described as followst.
Comuence at the point of intersection of the Northeasterly prolongation of the
Northeasterly Right of Way line of Homestead Avenue with the Northeasterly Right
of Way line of Atlentsic Boulevard; thence run Northeasterly along said prolongation
for 218.27 feet to the point of intersection with a line parallel to and 218.27 feet
Northeasterly of, as measured at right angles to the said Northeasterly Right of Way
line of Atlantic Boulevard; thence deflect 90 degrees right and run Southeasterly
along said parallel line and the Southwesterly line of Casto Development Corp. for
50.00 feet to the Point of Beginning of the herein described parcel; from said Point
of Beginning, continue Southeasterly along the aforementioead eoura4 for 200.00 feet
to a point intersecting the Northwesterly Right of Way line of St. Croix place;
thence deflect 90 degrees right and run Southeasterly along acid Northwesterly 8ftht
of Way line for 218.27 feet; thence deflect 90 degrees right and run Northwesterly
along the Northeasterly line of Atlantic Boulevard for 200.00 feet to a pout on the
Southeasterly Right of Way line of 8ossstead Avetme; thence deflect 90 degrees right
and run Northeasterly along wnid nrolotgation for 218_27 feet to the Point of
Beginning.t _ _ --
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Rowrd 'VArWed
DAWY L. Jr'i:"GN