Item G
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 18. 2004
Division: County Administrator
Bulk Item: Yes
No --L
Department: County Administrator
AGENDA ITEM WORDING: Approval of a contract to purchase a portion of the Dog Track
property on Stock Island as a fire station site.
ITEM BACKGROUND: The subject property consists of a 141' x 405' parcel (1.3 acres)
zoned Mixed Use at the corner of Fifth Avenue and Shrimp Road on Stock Island. The site was
formerly developed as a dog track. A fire station is a permitted use in the MU zoning district.
The property has received a conditional use approval for 14,270 square feet of commercial
retail. The conditional use approval would need to be modified in order to accommodate the
change of use to a fire station. The contract provides the County a 120-day due diligence
period during which time the County can terminate the contract for any reason. There are no
funds budgeted for this purchase, therefore the closing is contingent upon the City of Key
West purchasing the Public Service Building property from the County.
PREVIOUS RELEVANT BOCC ACTION: On October 15, 2003 the BOCC directed staff to
purse the purchase of this property.
CONTRACT I AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Discussion by the Board and action as deemed appropriate.
TOTAL COST: $ 1.115.960.50
COST TO COUNTY: $ 1.115.960.50
BUDGETED: Yes
No _X_
SOURCE OF FUNDS: Sale of Public Service Bldg.
REVENUE PRODUCING: Yes _ No -X- AMOUNT PER MONTH YR
APPROVED BY: County Atty --X- OMB/Purchasing X Risk Management _X_
DMSION DIRECTOR APPROVAL: - --i.:. ~~
James L. Roberts, County Administrator
DOCUMENTATION: Included
X To Follow
Not Required
G
DISPOSITION:
AGENDA ITEM #
MAR-17-04 17,05 FROM,MONROE CO PURCHASING OMS 10,3052824515 PAGE 1/4
MONROE COUNTY BOARD OF COUNTY CPMMISSIONERS 1/7 /~ .
Add (!) A/~ 3p8j24
-
CONTRACT SUMMARY'
. n .' -X . Contract # I'
Contract with: ~~. "";:;/1)(jM-~ffectiv~ Date: . .
. . '. '. .'. ~" Expiration Date:-r
CO!l!actl~$ell)escriptio!l:_ . r .. .. !_
Z/D ,f"U/JoI44<Je 4- ~ ~ t4- -....-yz-~~ ~/~ ~
Co~er'#~~ &.W J~tr'O~4~~ .
~ k ~e) (Ext.) I (Dep;rt,;~i)l~
for BOCC meeti:o~ on . '~'11~/2C()tf Agenda Deadline!: i .' ;
. " .. -
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III Lb.....
. .. ..... '. CONTRA.CT COSTS .1 '. ". .j.' .
. Total D{l.J.la.r.V~lue OfCoEE.' tr~ac . $ &.'I'~~ c.urren.t Yeirf.po. mop: $~/2t/j,~
. Budgeted? Yesn No It:].. Account Codes: _ __~'1__ _ . !
Grant: $_IVIF _-__r~-_-_---'--. I
-CountyMa.tcb:$P&, _____.._~_.__-____
- I~ . - I
il/A -'" ADDITIONAL COSTS i - ~ - i
. Estimated OllgOingCostS:~yr For: _I ...... . ..!
. a;otinclud,~jndoll~v.]"e'boVe) tn;;nB::;ies>ao;d":~W)~ ~
CONTRr'\CT REVIEW ' .
I
D~te Out
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~It~r
~~y
Division Director
Changes
Date .'In Needed
3-".....0'( YesONo . ~__
)117.J~.1 Y~ON9l!r~. .~~ . I
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Risk Management
O.M.BjPurchasing
County Attorney
. Comments:~
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OMB Form Revised 9/1 1/95 Mep #2
Property
Dog Track Condominium
Parcel 1
(Dog Track Partnership)
Purchase
Price
$1,100,000.00
PURCHASE CONTRACTS
03/18/04
Envr. Audit, Survey
or Clean-up
$10,000.00
1 of 1
Title
Insurance
$5,450.00
Attorney
Fee
$500.00
Acquisition
Total
$1,115,960.50
MAR~17-2004 WED 05:04 PM HTA - PRESIDENT
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FAX NO, 3052959070
PLANNING DEPT
p, 02
PAGE 82
."
AGReeMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT 18 made and entered into this
and between
day of T
,2004. ii by
Dog T",ck Partn....hlp, a Florida o.n...... partn.,.hlp
hereinafter ttylt th, Sell.r(s), for themlelvee, their heirs, 8)c8Mora, 8dminIStrirtors, tuccestors and
asstgM, and MONROE COUNTY (hereinafter, "County ") acting by and through the ChlllrmanlMayor
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS.
WITNESSETH:
1. In consideration of Ten Oollaf'$ ($1Q.00) in hand, paid by the COUNTY, the receipt of whic:h II
hereby aCknOYMdged, the Geller(s) agree to ..II to the COUNTY certain landa upon the terms
and condltiona hereinafter aet forth, and for the price of 11,100,000.00 for all of the lancMI ~md
other Int.retta, Which lande shall Include all tenem~nts, hereditaments, together with all water and
other rights, ealements, appurtenances, and any and all of the Seller's rights in or an.iog by
P9alon of ownership thereunto belongil'lg, owntd by them, Iltu.. .nd lYing in the County of
Monroe, State of Florid., more particularly described as follawe; to-wlt:
ParGel 1 and 0.120% of common ".menta ot Dog Track Parcela Condominium.
8ccordlng w the Dec.....tlon of Condominium thereof, recordod In Official Recorda
Book 1881, at Page 203.. of the Publlo R.cord. of Monroe County) Flort..
RE '123800..000101
2. The Seller(I) agree that they have full right. power and authority ~o convey, and that they will
conv4ty to the COUNTY the fee simple tltl. together with legal and practical 800881 thereto clelr,
free and unencumbered, except subject to the following easementl or reaervatlonl:
Existing easements of public record for c;ana/s, ditches, f1um.., ptpeline., railroads, public
highway. end roads, telephone, telegraph, power transm~S$lon llnee and public utJlltlee.
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
IUMtyor. If the survey dlsclolee encroachments on the real property or that Improvements
located thereon encroach on setback lines, BIJ88menta. landl of others, or violate any rMtriction.,
c:ontract COven.nt.. or applicable governmental regulflUons, the same ahall constitute a title
defect.
Seller(s) ahaH convey 8 marketablE title subject only to the aforementioned Ii.he, sncumbr8nceG,
exceptions or qualtflc:atlon set forth herein. Marketable title shall be determined according to
app~cable title standard. adopted by authority of the Florida Bar and In accordance with law. The
COUNTY shaH have sixty (50) dayW from receipt of an acceptable environment.. alte neN.meJ'rt
In which to examine title. If tttle I. found defective, the COUNTY ahall, wtthln this specified time
period, notify Seller(l) in wOOnu lpecifying defeGt(Ii). If the defectCs) render title unm.rketabl. the
Soller($) will have one hundred twenty (120) days from reoelpt of notice within which to remove
the dIiJf9ct(c;), faHlng which tho COUNTY shall have the option of either leoepting the title .. it
then is Qr reeelnding the contract herein; thereupon the COUNTY and the Seller{s) aha" relesse
one another of all further obligatloM under this Agreement. The SeIJ$l'(s) wil" tf title Is found
1
MAR-17-2004 WED 05:05 PM HTA - PRESIDENT
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PAGE 03
unmarketable> use dlltgent effort to correct defect(a) In tlt!e w1thtn the time provided therefo,.,
Including the bringing of necessary 8ulta.
3. The Selltr(8) further agree not to do, or suffer others to do, any act by which the value or title to
aald lands may be diminIshed or encumbered. It Is further agreed that any 101' or damage
OCcurring prior to the vesting of aetlstactory title In the COUNTY by resson8 of the unallJthorited
cutting or remoyal of Products therefrom, Dr because of fire, .ha~ be borne by the Seller(a}; and
that. in the event any such Iou or dlmage occu~, the COUNTY may refuse, without IIlblllty, to
accept conveyance of said l.md8, or It may eleot: to accept conveyance upon IIn equitable
lcijUStr'nent of the pUrChl!8e price.
4. The Seller(8) further agrH th.t during the period covered by this instrument omcers and
Iccredited IQenta of the COUNTY shall have at all proper times the unreatrlcted rlght and
prMlege to enter upon said /IIndl for all proper and IIWfuI purposea, Including examination of 8a~
landt and the resourcei upon them, The Seller(a) hereby waive their rights to any 8nd all claims
against the COUNlY M8oel4lted WIth, or arising from own8f'8hlp of, saId landa and this waiver
.hall 8urvive clollng.
5. Th4t SeU.r(1i) will execute and deliver upon dernand of the proper officials and agents of the
COUNTY 8 good and ,ufficktnt deed of wammty conveying to the COUNTY a safe title to the .ald
Iflnd. of fiudt character IS to be satisfactory to the legal counsel of the COUNTY and said deed
shall proVida thilt the use, OCCUpation and operation of the r1ghts-ot-wey, easements and
reservations retained therein, shall be $ubordlnate to and lubject td such rules and regulations as
"'ty be prellcribed by the COUNTY gov&mlng the use, occupation, protection and .dmlnlttration
of lands.
6. In conelderlltlcm whereof the COUNTY agreet th8t it will purohase allot aald lands and other
'"te"'ltllt the price of ",100.000.00. The COUNTY further egreet that, after th" preparation,
execution. delivery and recordation of the dead. and after the legal coul'lIel of the COUNTY ,hell
have approved the title thus vested in the COUNTY, It Will cause to be paid to the Sell&r(e) the
purcha.. price by . check drlilwn on the account of the COUNTY. The COUNTY .hall pay the
followtng exP&nSel B8SQc!ared with the oonveyance of the pt"Opttrty: deed rec::ordlng fees,
settlement fee., abttr.ct fees, title GJCamlnatlon fees, tl'll Buyer's attorney. ".', .nd title
Inauranc:e, as well 18 the prorate sh..re of prepaid real PTOperty taxes allocable to the period
lubeequent to thG vesting of title in the COUN1Y, or the effective date of posse.alan of ,uch real
propWty by the senne, whichever Is earlier. The SellerC.) .hall pay the expenHa of dOClmentary
stamps to be ."lXed to the deed and the Illmoval of tresh and debril from the property, if any.
Full P088e8Sjon of the premlaes thalt plaia to the COUNTY 88 of the date payment 18 made to the
Seller(s) subject only to the reservations etated In SectIon 2 above.
7. It la mutually agreed that an abstract, title Ineur.nce policy or other evidence of title to the
property herein contracted to be sold. aatiahK:tory to the legal counsel of the COUNTY will be
obtained by the COUNTY st Its expense. The Seller(.) e~..1y 10"" h.r.in to fumilh to the
COUNTY any documents in Setller(t)', PO'MAion estilbllahlng eYldence of tftJe InelUdlng, but not
limited to, abstracts, titlo commitments, title poIlDles and ~'plnlon. of tJtle.
8. It II mutually understood and agreed that the COUNTY may assign this oontfaet.
9. ft .....all be the obHgatJon at the Seller(8) 10 pay all t'lXh and ......m.ntB outatandlng " IIena at
the date title VMta of reoord in tha COUNTY, whether or not iuch taxN and 8MeUments are
then due end f)Qyable.
:1
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PAGE 64
10. tt is mutually undel'8tood and agreed that notice of acceptance of thlatgreement ahall be given to
the Se'Ier(I) by mall add/'e$Md to the Seller(5) lit the followIng address:
eJo P", H. liJatty
Rufty Executtvea
801 ...nbower DrIVe
Key WAt, FL 33040
Phont: 282..aooO Fax: 282-5253
and .hall be effective upon date of mailing and 5hall be binding upon all of the Seller(a) without
sending a I8parBte notice to each, exeept 8$ &uoh obligation m.y be .ffected by the provision, of
paragraph 6 hereof.
1" The property shall be delivered at do&ing fT'H of any tenant or oocupaney whatsoever.
12. The effec1lv8 date of this agreement shalf be that date when the Isst one of the Seller(a} and the
COUNTY has signed thla agreement
13. The COUNTY shall have aixty (60) day_ from the effective datu of thil aQ,eem.nt in whidl to
oonduct an environmental site 88Ht$ment to determine the existence and extent, If any, of any
hazardoUI mateo.It on the propatty. For the PUrpoH' of thil agrMment, "hlilUf'doua materia."
ahall mean any hazardous or toxtc substance, material or waste of any kind or any other
substance Which ia regulated by any environmental law. If the environmental site ISSMsment
ldenttflaa the prtlHne(t of t\u.raou. mtterialt on the property, tht COUNTY 'hall, within this
specified time period, notify Selfer(.) in writing of the findings. The Seller(s) will then have ninety
(90) day. from reoelpt of notice WIthin which to pursue, at S."81(1)' sole option and It Seller(.)'
IOIe coat and expen.., any 888e88ment. clean-up, and monitoring of the Property neoeseary to
bring the Property Into full compliance with any Ind all applicable federal, state or fOCllI !awl,
failing which the COUNTY 'hlillll have thirty (30) day. in wtlic:h to 8xerciBe the option of sitter
accepting the property as it then IS or rescinding th. contract he,..ln; thereupon the COUNTY and
the Sell<<(e) ,hsll releaee one another of all further obligations under this AgreerJW)nt.
14. A p&raon or affiliate who has been placed on the convloted vendor list following a aonVictJon for
public entity crime may not aubmlt a bid on an &gllt8ment to provide any goode or ..Nices to I
public entity, may not submit 8 bid on II agreement wtth a public entity 10r the eonatruction or
repair of a public building or j)ubiic work, May not submit bid, on InAl of real property to public
entity, may not be swarded or perform work ae I contractor, .uppller, sub-contractor, or
consultant under an agreement with any public entity, and may not tran&act bUllneaa with Iilny
publio entity in exoeaa of the threshold amount provided in Section 287,017. Florid. Statutet, for
CATEGORY TWO for a period of 36 month9 from the date of being ptooed on the convioted
vandQrllst.
15. SeNer warrants that no person, other than tr. Broker, has been employed or retained to .olleit ot
secure thi$ Agreement upon an agreement or undeffltandlng for a commlulon, percentage,
broqrege or contingent ,.., and thllt no employee or officer of Monroe County or the Monroe
County Tourist Development Council haa any intere81, financially or otherwise, In the aald funded
project, except for genellll rnembe".hlp. For breech or violation of this warranty, Buyer shill
have the right to annul this Agrument without liability or, In Ita discretion, to deduct from the
Agreement prioe or conslderMIon, tho full amount of euc;h c:omm""on, porcon~, brokerage or
contingent fee.
3
MAR-17-2004 WED 05:06 PM HTA - PRESIDENT
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PLANNING DEPT
16. If the SalJer(a) with to proceed with thle transactJon, tha Seller(s) have untif March 17, 2* to
e!gn and return this agreement to the COUNTY.
17. Notwithatandlng any provillon of this Agreement to the oontrary the COUNTY, at It$ $ole Option,
.han have the right to terminate this Agreement at any time for any rellon during the one
hundred twenty (120) day due dlllgenCfl period from the effective date of this Agr..ment.
18. In the event the tranSlctlon has not cl~iId within 180 days of the elfectlve date of thlt
AgrMment, either party may terminate thl$ Agreement thereupon the COUNTY and the Setler(s)
shan rel.... one another of all further obligations under this Agreement.
19. Notwithstanding any provision of this Agreement to the contrary the ctotlng of the lubject
tranlBCtlon 18 contingent lIpon the COUNTY'S HI' of the Public ~rvic:e 8uUding property (RE
#72080-0(1800) to the City of Key West and the COUNTY'S receipt of th' proceeds from said
.ale, unlHe the COUNTY, at Its sole option, -tect. to w,"ve thia contingency,
IN WITNESS WHEREOF, the Seller(ss) have hereunto aigned their namea and afftxed their respective
Halt on the day fir.t above Written, with the understanding that tNs Agreem."'t for Purcha.. cannot
be executed by the COUNTY until after it il reported to ~ for Ita consideration, and therefore the
SaIJer(l) for and In consideration of the Ten Dollata ($10,00) hereinabove .cknowfedge as received,
have and d() hereby grant unto the COUNTY Qr ita authorized repreeentetfve, or any other office or
agent of th. COUNTY 8uthorlzed to pUrehlllM said land., the option and right to enter into this
Agreement for Purcha. within sixty (60) d.~ from the execution thereof by tt'le Sell.r(a}, and to
purcha8e ..id 'and. a5 herein provided.
I)oQ Track '8rtnerwhlp, a Florida gene,..1 Plrtnerahlp
Sellerl
By: Old Town Key Weat o.velopm.n~ Ltd., a Florida UmHed partnership, as authorbect
genera' partner
By: ~~'-: -;::'r ~-l.j nL ,2Dll4
Edwin o. IwItt, Authorized
Genera. P.rtn...
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 'letlng by .nd through its
CHAIRMANIMA YOR, h.. executed this agreement on behalf of MONROE COUNTY !hie __ day
of , 200(,
ATTEST:
DANNYL.KOLHAGE,CLERK
(SuQ
MONROE COUNTY
By: Deputy Clerk Mu""y Nelson, ChalrmenlMayor
~ Monroe County Boa'" of County COmm...~
ApP/"OWld os to Form~
nne n, A8&t County Attorney
4
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This loslnunenr hepared By.
101m R. Allison, III
Allison & Robertson. f'.A_
100 S.E. Second Slreef. 113350
Miami. Florida 331J I
DECLAR4.TION OF CONDOMINIUM
ESTABLISHING
DOG TRACK PARCELS CONDOl\1lNIUM
Dog Track Partnership, a Florida general partnership, as Developer, does hereby declare
as follows:
ARTICLE I
Creation of Condominium
The Developer hereby submits to condominium ownership and use the Condominium
Property situated in the Connty of M o",oe, State 0 f Florida, as legally described in Exhibit A-I
attached hereto in tbe manner provided for in the Florida Condominium Act as it exists on the
date hereof. The condominium created by this Declaration sbaH be known as DOG TRACK
PARCELS CONDOMINIUM.
"
ARTICLE n
Definitions
The fOllowing terms when used in this Declara(i9D and its exhibits, and as they may
hereafter be amended, shaH have the meanings stated as follows, except where the context
requires otherwise:
A. HAct" means the Florida Condominium Act (Chapter 718, Florida Statutes), as it
exists on tbe date hereof.
B. "Articles" or "Articles of IncolJ1oration" means the Articles of Incorporation of
the Association, as same may be amended from time to time.
C. "Assessment" means a share of the funds required for payment of Common
Expenses, which from time to time is charged to the Parcel Owner(s).
D. "Assigns" means any person to whom some or all rights of a Parcel Owner have
been validly transferred by sale, lease, mortgage or otherwise.
E. "Association" or "Condominium Association" means Dog Track Parcels
Condominium Associ.tioo, Inc., a not-far-profit Florid. corporation, which is tbe entity
responsible for the operation of the Condominium.
f?t-~
F. ~Associatjon Property" menns real or pers(mal property owned by the
..
p.2
C. Change of Undivided Interest. The undivided interest appurtenant to each Parcel
shall not be changed except with the unanimous C()I1~cnt oflhe Parcel Owners and record owners
of liens encumbering the Parcels.
D. Voting Rights of Parcel Owners. On all matters on which the Parcel Owners shall
be entitled to vote, there shall be one (l) voting interest (or vote) for each Parcel in the
Condominium, which vote may be cast by the owner of each Parcel or the person designated in
the Voting Certificate for the Parcel. Should any person own more than one Parcel, such person
shall be entitled to cast one (I) vote for each Parcel owned.
E. Distribution of Common Surplus. The Common Surplus shall be held and
distributed by tbe Association in the maW1er and subject to the terms, provisions and conditions
thereof. Except for distribution of any insurance indemnity herein provided or tennination of the
Condominium, any distribution of Common Surplus that may be made from time to time shall be
made to the then Parcel Owners in accordance with tileir respective Common Interests.
ARTICLE V
UtilizatioJl; Hestrictions
In order to provide for the protection oftbe values of the Parcels, the use of the
Condominium Property shall be generally unrestricted except as restricted by governmental laws,
rules-and/or regulations regulating the Condominium Property and the following provisions:
A. . Use and Occupan<.;y. Parcels shall be used for any legal purpose permitted in the
Mixed Use (MU) land use district and/or Future LancLUse Map Mixed Use Commercial (Me)
for Monroe County as applicable to the Condominium Property.
B. Maior Conditional Use Requirements. No Parcel shall be developed, used,
occupied or otherwise utilized in such a maImer as will be violative of the Major Conditional Use
Resolution. Further, the proposed uses as set forth in the site plan reviewed and approved by the
Monroe County Planning Commission in adopting the Major Conditional Use Resolution shall
not be intercbangeable- among the Parcels without the consent of all Parcel Owners, and no
Parcel Owner shall develop its Parcel in such a way as to reduce or otherwise adversely affect
the intended use of another Parcel as anticipated under the Major Conditional Use Resolution.
No modification shall be effected in said site plan without the "vritten consent of the then
Owncr(s) of the Land, and the Monroe County Planning Department (the "Department");
provided the Department finds that tbe modification conforms with the standards established in
the Code of Monroe County, and provided further, that should the Department withhold such
approval, then the Owner(s) of the Land shall be pem1itted to seek such modification by
application to modifY the plan or covenant at public hearing before the Monroe County Planning
Commission and/or the Board of County Commissioners of Monroe County, Florida. Parcel I
may be developed for a conunercial office, retail and ancillary use building up to 14,270 square
feet; Parcel 2 may be developed for a commercial office, retail and ancillary use consistent with
the Major Conditional Use Resolution provided that such use shall not adversely affect the use
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