Resolution 365-1995
RESOLUTION NO. 365-1995
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING STANDARD
FORMS OF A CONTRACT FOR THE PURCHASE OF REAL
PROPERTY.
WHEREAS, the Monroe County Board of County Commissioners (hereinafter "the Board") has
adopted the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, in order to implement certain provisions of said Plan, the Board will purchase
certain real properties; and
WHEREAS, in the interest of efficiency and avoiding unnecessary paperwork, the Board desires
to approve standard forms of a contract for the purchase of real property; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THAT:
The purchase contract forms in Attachment A and B of this resolution are hereby approved by
the Board of County Commissioners and the County Attorney for staff use and legal sufficiency.
Said forms shall be referenced in future agenda items of the Board, but need not be included
verbatim. Said forms are generic in nature and shall not bind the Board to purchase real property
until such time as the Board approves a specific property and purchase price.
PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a regular
meeting on this 18TH day of October, 1995. :!:-T1
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Attachment A
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this
, 1995, by and between
day of
Name
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors
and assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(hereinafter, "Monroe County") acting by and through the Mayor of Monroe County.
WITNESSETH:
1. In consideration of One ($1.00) Dollar in hand, paid by MONROE COUNTY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to MONROE COUNTY certain
lands upon the terms and conditions hereinafter set forth, and for the price of $ 00,000 for all
of the lands and other interests, which lands shall include all tenements, hereditaments,
together with all water and other rights, easements and appurtenances thereunto belonging,
owned by them, situate and lying in the County of Monroe, State of Florida, more
particularly described as follows; to-wit:
Subdivision, Block 0, Lot 0
RE # 000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to MONROE 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.
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. MONROE COUNTY shall have thirty (30) days from the effective
date of this contract to examine title. If title is found defective, MONROE 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 MONROE
COUNTY shall have the option of either accepting the title as it then is or rescinding the
contract herein; thereupon MONROE 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 MONROE COUNTY by reasons of the
unauthorized shall be borne by the Seller(s); and that, in the event any such loss or damage
occurs, MONROE 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
pnce.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of MONROE 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.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of
MONROE COUNTY a good and sufficient warranty deed conveying to MONROE
COUNTY good and marketable title to the said lands of such character as to be satisfactory
to the legal counsel of MONROE 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
MONROE COUNTY governing the use, occupation, protection and administration of lands.
6. In consideration whereof MONROE COUNTY agrees that it will purchase all of said lands
and other interests at the price of $ 00,000. MONROE COUNTY further agrees that, after
the preparation, execution, delivery and recordation of the deed, and after the legal counsel of
MONROE COUNTY shall have approved the title thus vested in MONROE COUNTY, it
will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of
MONROE COUNTY. MONROE COUNTY shall pay the following expenses associated
with the conveyance of the property: 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 MONROE
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,
recording fees, and the removal of trash and debris from the property, if any. Full possession
of the premises shall pass to MONROE 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 MONROE
COUNTY will be obtained by MONROE COUNTY at its expense. The Seller(s) expressly
agree herein to furnish to MONROE 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 this contract shall not be assigned in whole or in
part without the consent in writing of MONROE COUNTY.
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 MONROE 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 certified mail addressed to the Seller(s) at the following address:
Street
City, State Zip
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. This agreement is initially transmitted to the Seller(s) as an offer. If this agreement is not
executed by the Seller(s) on or before date, this offer will be void unless MONROE
COUNTY, at its sole option, elects to accept this offer.
2
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 MONROE COUNTY until after it is reported to it for its
consideration, and therefore the Seller(s) for and in consideration of the One ($1.00) Dollar
hereinabove acknowledge as received, have and do hereby grant unto MONROE COUNTY or its
authorized representative, or any other office or agent of MONROE 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 MONROE COUNTY, and to purchase said lands as
herein provided.
.1995
Seller/ Name
. 1995
Seller! Name
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through
its MA YOR, has executed this agreement on behalf of the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS this day of , 1995.
Attest:
DANNY L. KOLHAGE, Clerk
MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS
(Seal)
Deputy Clerk
Shirley Freeman, Mayor
Per Resolution # , this contract form has been approved by the Board of County
Commissioners and the County Attorney for staff use and legal sufficiency.
3
Attachment B
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this
, 1995, by and between
day of
Name
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors
and assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(hereinafter, "Monroe County") acting by and through the Mayor of Monroe County.
WITNESSETH:
1. In consideration of One ($1.00) Dollar in hand, paid by MONROE COUNTY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to MONROE COUNTY certain
lands upon the terms and conditions hereinafter set forth, and for the price of $ 00,000 for all
of the lands and other interests, which lands shall include all tenements, hereditaments,
together with all water and other rights, easements and appurtenances thereunto belonging,
owned by them, situate and lying in the County of Monroe, State of Florida, more
particularly described as follows; to-wit:
Subdivision, Block 0, Lot 0
RE # 000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to MONROE 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.
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. MONROE COUNTY shall have thirty (30) days from the effective
date of this contract to examine title. If title is found defective, MONROE 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 MONROE
COUNTY shall have the option of either accepting the title as it then is or rescinding the
contract herein; thereupon MONROE 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 MONROE COUNTY by reasons of the
unauthorized shall be borne by the Seller(s); and that, in the event any such loss or damage
occurs, MONROE 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
pnce.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of MONROE 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.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of
MONROE COUNTY a good and sufficient warranty deed conveying to MONROE
COUNTY good and marketable title to the said lands of such character as to be satisfactory
to the legal counsel of MONROE 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
MONROE COUNTY governing the use, occupation, protection and administration of lands.
6. In consideration whereof MONROE COUNTY agrees that it will purchase all of said lands
and other interests at the price of $ 00,000. MONROE COUNTY further agrees that, after
the preparation, execution, delivery and recordation of the deed, and after the legal counsel of
MONROE COUNTY shall have approved the title thus vested in MONROE COUNTY, it
will cause to be paid to the Seller( s) the purchase price by a check drawn on the account of
MONROE COUNTY. The Seller(s) will be responsible for all expenses incidental to the
conveyance of the property, including the expense of documentary stamps to be affixed to the
deed, recording fees, title insurance, attorney fees, and the removal of trash and debris from
the property, if any. MONROE COUNTY shall be responsible for the pro-rata share of
prepaid real property taxes allocable to the period subsequent to the vesting of title in
MONROE COUNTY, or the effective date of possession of such real property by the same,
whichever is earlier. Full possession of the premises shall pass to MONROE 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 MONROE
COUNTY will be obtained by MONROE COUNTY at its expense. The Seller(s) expressly
agree herein to furnish to MONROE 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 this contract shall not be assigned in whole or in
part without the consent in writing of MONROE COUNTY.
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 MONROE 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 certified mail addressed to the Seller(s) at the following address:
Street
City, State Zip
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. This agreement is initially transmitted to the Seller(s) as an offer. If this agreement is not
executed by the Seller(s) on or before date, this offer will be void unless MONROE
COUNTY, at its sole option, elects to accept this offer.
2
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 MONROE COUNTY until after it is reported to it for its
consideration, and therefore the Seller(s) for and in consideration of the One ($1.00) Dollar
hereinabove acknowledge as received, have and do hereby grant unto MONROE COUNTY or its
authorized representative, or any other office or agent of MONROE 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 MONROE COUNTY, and to purchase said lands as
herein provided.
. 1995
Seller/ Name
. 1995
Seller/ Name
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through
its MA YOR, has executed this agreement on behalf of the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS this day of ,1995.
Attest:
DANNY L. KOLHAGE, Clerk
MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS
(Seal)
Deputy Clerk
Shirley Freeman, Mayor
Per Resolution # , this contract form has been approved by the Board of County
Commissioners and the County Attorney for staff use and legal sufficiency.
3