Resolution 218-1985
Joseph B. Allen, III
City Attorney
RESOLUTION NO. 218 -1985
A RESOLUTION AUTHORIZING THE MAYOR AND
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, TO EXECUTE A REAL
ESTATE PURCHASE AGREEMENT AND ADDENDUM TO
REAL ESTATE PURCHASE AGREEMENT BY AND BETWEEN
THE CITY OF KEY WEST, FLORIDA, AND THE COUNTY
OF MONROE FOR PURCHASE OF PROPERTY LOCATED IN
JACKSON SQUARE, KEY WEST, MONROE COUNTY,
FLORIDA , COMMONLY REFERRED TO AS "THE USO
BUILDING".
BE IT RESOLVED BY THE MAYOR AND COUNTY COMMISSION OF MONROE
COUNTY, FLORIDA, that the Mayor and Chairman of the Board of
County Commissioners of Monroe County, Florida, is hereby au-
thorized to execute a Real Estate Purchase Agreement and Addendum
to Real Estate Purchase Agreement by and between the City of Key
West, Florida, and the County of Monroe, a copy of same being
attached hereto, for purchase of property located in Jackson
Square, Key West, Monroe County, FLorida, commonly referred to as
"The USO Building".
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 19th day of July, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
By
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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THIS AGREEHENT entu.'(:d in to en 1:11e dnte subscribed herein-
be low by and bet'ween THE Ct TY (If KEY \-iF~~'J', FLORIDA, ;:, Hunicipal
Corporation, hereinaftc}' referred if; n:~ "Seller" and HONROE
COUNTY, FLORIDA, a political r';l[hdivision of the State of Florida,
hereinafter referred to as "Pul'"chn scr" ,
l,{lTNESSFTfl :
For and in cons idera t ion of j he ~~um of Ten Dollars ($ ] 0.00)
and other good and valuable conHidcr~tion t.he receipt and adequa-
cy of which is acknmvledged by the. parties hereto, Seller hereby
agrees to convey and Purchaser l1ereby agrees to buy the following
described real property si tunted in the corporate boundaries of
the City of Key Hest, 11onroe Count~:;', Florida Clnd all improvements
located thereon: to-wit
A tract of land, being ,1 part of Jackson
Square and located at tly: corner of 1,Jhi tehead
and Southard Streets and having a frontage of
100 feet on Hhitehead St.reet cmd a depth of
223.75 feet more or less along Southard
Street.
This agreeI!1ent is sul)ject to th(' follmving terms and con-
ditions to be performed by the respective parties hereto:
1. Sellers shall not be required to provide proof of
mmership by way of abstract or policy of title insurance.
Purchaser shall,
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pr~or .0
clos:ing,
(,btain a "pencil
search" of
the involved property and shall obtain copies of all relevant
recorded documentation demonstrating the status of the title to
the real property described above. Not less than sixty (60) days
prior to the closing of this t}'ml:~(lction Purchaser shall notify
the Seller of any material defect in the marketability of said
title.
Purchaser shall thereafter have sixty (60) days to cure
any such material titl(' defect. F;tilure to so clIre shall consti-
tute a material breach of this Agreement ,md shall give the
Purchaser the imrnediate right to r cU1inate this Agreement or to
purchase said real property notwithstandinp; said defects at
Purchaser's option. Seller shall ha'nish Pnrclwser an up-to-date
survey of the property involved.
2. On the date uf clnsinp Spllcrs shall provide and
deliver to Purchaser a Warranty Deed in the usual and customary
form and further assurances of title marketability by affidavit
demonstrating the nonexistence of any liens of any nature against
said property.
3. Closing of this transactj on shall occur on or before
July 1, 1985 unless extended by mutual agreement of the parties
hereto.
4. Payment of the purchase price in the amount of Two
Hundred Fifty-six Thousand Dollars ($256,000.00) shall be made to
the Se ller by the Purchaser on the date of c los ing.
It is
anticipated that the Purchaser's source of revenue for this
transaction shall be from part of the proceeds of the additional
1% sales tax to be levied on all sales subject to such sales tax
during the six-month period cOT']mencin8 January 1, 1985. .In the
event such sums are insufficient to pay said purchase price
Purchaser shall obtain any further amount necessary from the
issuance of Tax Anticipation Notes.
5. Seller and Purchaser hereby stipulate and agree that
the aforementioned purchase price represents the actual fair
market value of the involved real property and oJ.l improvements
situated thereon.
6. Seller shall maintain possession and all rights, duties
and obligations pertaining to said property, including the risk
of loss or destruction of the premises, until the date of clos-
ing.
7. Rents, profits, taxes and similar rights and obliga-
tions shall be adjusted and pro-rated as between these parties as
of the date of closing hereof.
8. Time shall be and is hereby declared to be of the
essence of this Agreement.
9. This Agreement shall be suhject to all laws of the
State of Florida and all County anJ/or City Ordinances in effect
on the date of this Agreement". Each party hereto shall comply
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with all such laws ,mellor ordin;ulccs in its performance of this
Agreement and each term and condition hereof.
Executed at Key West,
Florida,
this
day of
, 198
The City of Key West, Florida
A Municipal Corporation
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By L- (t. ) '....J:...LL.(~-
~~s iyl, Jr.
le _~ L-P.do t emp:) ~_
Attest l~\:;!.\l )l~1-'-'~ (\ClX~l '---'
Josephi e Parker
Title C' \ C
Sellers:
Purchaser:
Monroe Countv, Florida
A Political tubdivisinn of the State of Florida
By
Title
Attest
Title
iPPJ:OVED AS 70 FOh'M
3
ADDENDUM TO REAL ESTATE PURCHASE AGREEMENT
BETWEEN THE CITY OF KEY WEST AND COUNTY OF
HONROE.
The following provisions are included, and are a part of the
Real Estate Purchase Agreement Between City of Key West and County of
Monroe.
10. The deed conveying the subject property to the
County shall contain the following provision:
If County desires to sell or convey the subject
property or any part thereof, and receives from
some third party a bona fide offer for the pur-
chase thereof, County shall ~isclose the terms
of such offer to City in writing within thirty
(30) days following receipt by County. City
shall have ninety (90) days after receipt of
notice to elect to purchase the property on
terms identical to those offered by the third
party.
11. The parties acknowledge that the County plans to
construct a new animal control shelter at Stock
Island. The current appraised value of the subject
property is $371,800.00. The parties acknowledge
that the difference in the current appraised value
and the sales price of this Agreement, or $115,800.00,
is the City's contribution to the construction, and
the City shall not be required to further contribute.
The parties further acknowledge that all animal
control activities within the City of Key West, will
be funded and carried out by ~1onroe County at no
further cost to the City of Key West.
Dated this
day of
, 1985.
Sellers:
The City of Key West, Florida
A ~1unicipal Corporation
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Monroe County, Florida
A Political Subdivision of the State of Florida
Purchaser:
By
Title
Attest
Title
RESOLUTION NO. 85 -12 7
A RESOLUTION AUTHORIZING THE EXECUTION OF A REAL
ESTATE PURCHASE AGREEMENT AND ADDENDUM TO REAL
ESTATE PURCHASE AGREEMENT BETWEEN THE CITY OF KEY
WEST, FLORIDA AND THE COUNTY OF MONROE.
BE IT RESOLVED
by the City Commission of the City of Key West,
Florida.
Section 1. That the attached Real Estate Purchase Agreement and
Addendum to Real Estate Purchase Agreement between the City of Key
West, Florida and the County of Monroe be and the same is hereby
aproved, and the Mayor of the City of Key West be and he is hereby
authorized, empowered, and directed to execute the said Agreement on
behalf of the City of Key West, and the City Clerk of said City be and
she is hereby authorized, empowered, and directed to attest the
signatures of the said Mayor on the said contract and affix the Seal
of the City thereto.
The execution of said agreement is hereby
directed to be made in as many counterparts as may be desired or
necessary.
Section 2. This Resolution shall go into effect immediately upon
its passage and adoption and authentication by the signatures of the
presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held this
2nd
day of
July
, 1985.
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CITY CLERK
STATE OF FLORIDA)
COUNTY OF MONROE) ss.
CITY OF KEY WEST)
I, Josephine Parker, Clerk of the City of Key West,
Florida, do hereby certify the foregoing and attached to be a
true and correct copy of Resolution No. 85-127 , passed and
adopted by the City Commission of the City of Key West, Florida,
on the 2nd
day of
Julv
1985
WITNESS my hand and the official Seal of the City of
Key West, Florida, this
3rd day of
July
1985
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City Clerk
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