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HomeMy WebLinkAbout06/10/2026 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: June 22, 2026 TO: Cynthia Guerra, Executive Director of the Land Authority ATTN: Dina Gambuzza, Property Specialist Land Authority FROM: Liz Yongue, Deputy Clerk SUBJECT: June 10, 2026 BOCC Meeting The following item has been executed and added to the record: F2 Agreement to purchase Tier 3 property for density reduction - Block 12, Lot 3, Pamela Villa on Key Largo near mile marker 102 from John K. Hayes for the price of$126,000. 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 AGREEMENT FOR THE PURCHASE OF LANDS 10th THIS AGREEMENT is made and entered into this day of 441Y June 2026, by and between John K. Hayes (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 $126,000.00 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 12, Lot 3, Pamela Villa (PB 3-125) Parcel ID# 00466160-000000 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 Seller(s) agree to undergo identity verification via CertiflD or a similar process acceptable to the COUNTY'S legal counsel. 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 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 $126,000.00. 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, including third party remote/mobile notary fees, 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: 1500 Adams Street with a copy to: Terry Canto, American Caribbean Real Estate Hollywood, FL 33020 Christie's International Real Estate terry@terrycanto.com 2 and shall be effective upon date of mailingand:shall be bindingupon on:all of the Seller(s) without p 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. 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. I :the Seller(s)wish to proceed with this transaction, the Seller(s) have until May 12, 2026 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 by July.3, 2026, 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 John K. Hayes 0-- \< ‘40_,,_ 305-394 3037 .. .. May 8,2026 � •� � � :terry@terrycanto.com Signature Date Phone Number. Email Address Buyer/COUNTY: MONROE.COUNTY, FLORIDA ATTEST: •Kevin Madok, CPA,e C Clerk i 1 "i uk -� Ur y 4- s i r/ j ;: Cler k , Michelle Lincoln, Mayor 3 •1 Date:. :i 10 }:70ra- --7) .I .. ___________ -� ., , .4 _ �+; _ Monroe County Attorney'sOffice 0�� = 4�` Approved as to legal form and t `,:°,,ti}� ,�,o sufficiency: Digitally signed by Jeni-Lee Jeni-Lee MacLaughlin MacLaughlin Date:2026.05.29 12.33:44-04'00' Jeni-Lee ac aug in 3 Assistant County Attorney.