Resolution 022-2005A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT FOR SALE AND PURCHASE OF THE PROPERTY
LOCATED ON STOCK ISLAND, KNOWN AS THE PUBLIC SERVICE
BUILDING PROPERTY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1. This Resolution is made in lieu of the Beneficial Interest Affidavit and
Corporate Addendum.
Section 2. Board of County Commissioners of Monroe County is the record
owner of the property and has the authority to dispose of the property in accordance
with the provisions of the Option Agreement for Sale and Purchase.
Section 3. No Monroe County Commissioner will receive monetary compensation
from the proceeds of the sale of the real property legally described on the attached
Exhibit "A" by Monroe County, Florida to the City of Key West, Florida, nor does any
County Commissioner have a personal interest in the subject transaction;
Section A. The Mayor/Chairman is
Agreement for Sale and Purchase of the
Exhibit "A" to the City of Key West, Florida.
hereby authorized to execute the Option
property legally described on the attached
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 January, 2005.
Mayor Dixie M. Spehar
Mayor Pro Tern McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
B
Depu Clerk
jressalePSB
Yes
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BOARD OF COUNTY C6MNiISSI6kRS
OF MONROE COUNTY, �FLOttIDI
By
Mayor/C airperson
MONROE COUNTY ArT99R
AP29AWED AS TO FO�
,1 ANNH A. HOTTON
A ANT /CQ�TT RNEY
Monroe County Clerk's Office Original
Project : Key West Botanical Gardens Contract #: or er - f G- -or- Y y
Project #: 03-034-FF3 Property Tax I.D.#:72080.0018
Parcel #: Monroe County
OPTION AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made this 9 rV day of , 205, between MONROE COUNTY,
FLORIDA, whose address is c\o Thomas Willi, County A40iinistrator, 1100 Simonton Street, Room 2-205, Key
West, Florida 33040 as "Seller", and the FLORIDA COMMUNITIES TRUST, a noruegulatmy agency within
the Department of Community Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399, and the CITY OF KEY WEST, a municipality within Monroe County, Florida,
("Local Government"), whose address is 525 Angela Street, Key West, Florida 33040. Acquiring Agency and
Local Government will be collectively referred to as ("Purchaser").
1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real
property located in Monroe County, Florida, described in Exhibit "A", together with all improvements, easements
and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement
becomes legally binding upon execution by the parties but exercise of the option is subject to approval by
Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to
Seller.
2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the
form of a state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of
the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of
this Agreement and the Acquiring Agency's governing body granting project plan approval in accordance with
Rule 9K-8.011, Florida Administrative Code, and ending on May 16, 2005 ("Option Expiration Date"), unless
extended by other provisions of this Agreement. In the event Acquiring Agency's Purchase Price (as hereinafter
defined in paragraph 3.A) or Local Government's Purchase Price (as hereinafter defined in paragraph 3.A) are not
available by the Option Expiration Date the period of exercise of the option may be extended until such funds
become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller.
3.A. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is
FOUR MILLION FIVE HUNDRED THOUSAND and no/100 Dollars ($4,500,000.00) which, after
reduction by the amount of the Option Payment, will be paid by Acquiring Agency and Local Government at
closing. Seller hereby authorizes Acquiring Agency to issue a state warrant directly to an escrow agent who is
authorized by law to receive such payment, and who is acceptable to Purchaser, and to require the escrow agent to
pay Seller's expenses of sale and real estate taxes. This Total Purchase Price presumes that the Property contains
at least 5.015 total acres, to be confirmed by the Survey, as provided in paragraph 5. The Total Purchase Price
shall be paid to Seller as follows: Acquiring Agency shall pay the lesser of $3,375,000.00 or 75% of the final
adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. ("Acquiring
Agency's Purchase Price"), which after reduction by Acquiring Agency of the Option Payment, will be paid to
Seller by state warrant at closing; and Local Government shall pay the lesser of $1,125,000.00 or 25% of the
final adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. ("Local
Government's Purchase Price"), will be paid to Seller by Local Government check at closing. The Total Purchase
Price is subject to adjustment in accordance with paragraph 3.B. The determination of the final Total Purchase
Price can only be made after the completion and approval of the survey required in paragraph 5. This Agreement
January 7, 2005 Page 1
03-034-FF3
is contingent upon approval of Total Purchase Price, Acquiring Agency's Purchase Price, and Local Government's
Purchase Price by Purchaser and upon confirmation that the Total Purchase Price is not in excess of the final
maximum approved purchase price of the Property as determined in accordance with Rule 9K-8.007, Florida
Administrative Code ("Maximum Approved Purchase Price").
This Agreement is also contingent upon Local Government's funds for closing being available at closing and upon
Local Government giving written notice to Acquiring Agency, prior to the exercise of the option, that these funds
are available to close in accordance with this Agreement. If such notification is not accomplished, Acquiring
Agency may in its sole discretion declare this Agreement void and of no further force and effect as of that date.
Local Government's funds are the sole responsibility of Local Government. Seller shall have no recourse
whatsoever, at law or equity, against Acquiring Agency or the Property as a result of any matter arising at any
time whether before or after fee simple title is conveyed to Local Government, relating to Local Government's
funds, Acquiring Agency shall have no obligation under this Agreement to provide any portion of Local
Government's finds. Acquiring Agency's fiords necessary to close are the sole responsibility of Acquiring
Agency. Seller shall have no recourse whatsoever, at law or equity, against Local Government or the Property as
a result of any matter arising at any time, whether before or after fee simple title is conveyed to Local
Government, relating to Acquiring Agency's funds. Local Government shall have no obligation under this
Agreement to provide any portion of Acquiring Agency's funds. Should Local Government's funds or Acquiring
Agency's funds not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by
written notice to the parties without liability to any party.
Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the
Property at the closing notwithstanding that Acquiring Agency and Local Government are required to pay all of
the Total Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple
from Seller to Local Government will take place at the closing, in exchange for the payments to be made by
Acquiring Agency and Local Government to Seller at closing as set forth above in this paragraph 3.A.
3.B. ADJUSTMENT OF TOTAL PURCHASE PRICE. If, prior to closing, Acquiring Agency determines
that the Total Purchase Price stated in paragraph 3.A. exceeds the final Maximum Approved Purchase Price of
the Property, the Total Purchase Price will be reduced to the final Maximum Approved Purchase Price of the
Property. Upon determination of the final adjusted Total Purchase Price, Acquiring Agency's Purchase Price and
Local Government's Purchase Price will be determined and adjusted in accordance with paragraph 3.A. If the
final adjusted Total Purchase Price is less than 95% of the Total Purchase Price stated in paragraph 3.A. because
of a reduction in the Maximum Approved Purchase Price of the Property, Seller shall, in his sole disc ion, have
the right to terminate this Agreement and neither party shall have any further obligations under this Agreement_ If
Seller elects to terminate this Agreement, Seller shall provide written notice to Acquiring Agency and Local
Government of his election to terminate this Agreement within 10 days after Seller's receipt of written notice from
Acquiring Agency of the final adjusted Total Purchase Price. In the event Seller fails to give Acquiring Agency
and Local Government a written notice of termination within the aforesaid time period from receipt ofAcquiring
Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based
upon a reduction in the Total Purchase Price stated in paragraph 3.A.
4.A. ENVIRONMENTAL SITE ASSESSMENT. Seller shall, at Sellers sole cost and expense and at
January 7, 2005 Page 2
03-034-FF3
least 30 days prior to the Option Expiration Date, furnish to Local Government and Acquiring Agency an
environmental site assessment of the Property which meets the standard of practice of the American Society
of Testing Materials ("ASTM"). Seller shall use the services of competent, professional consultants with
expertise in the environmental site assessing process to determine the existence and extent, if any, of
Hazardous Materials on the Property. For 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 (as hereinafter defined in paragraph 4.13.). The examination of hazardous materials
contamination shall be performed to the standard of practice of the ASTM. For Phase I environmental site
assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions
section of the assessment reports evidence of recognized environmental conditions, then a Phase H
Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I
environmental site assessment and to confirm the presence of contaminants on site. The environmental site
assessment shall be certified to Purchaser and the date of certification shall be within 45 days before the date
of closing. Purchaser shall reimburse Seller for the Acquiring Agency approved cost of the environmental
site assessment, not to exceed $8,000.00 upon Seller's submission of the necessary documentation to
Acquiring Agency which evidences payment in full of the environmental site assessment costs by Seller. This
reimbursement is contingent upon a sale of the Property to Purchaser.
4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment provided for in
paragraph 4.A. confirms the presence of Hazardous Materials on the Property, Purchaser, at its sole option,
may elect to terminate this Agreement and neither party shall have any further obligations under this
Agreement. Should Purchaser elect not to terminate this Agreement, Seller shall, at his sole cost and expense
and prior to the exercise of the option and closing, promptly commence and diligently pursue 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, statutes, ordinances, rules, regulations or other governmental
restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous
Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials
exceed a sum which is equal to 1% of the Total Purchase Price as stated in paragraph 3.A., Seller may elect to
terminate this Agreement and no party shall have any further obligations under this Agreement.
5. SURVEY. Seller shall, at Sellers sole cost and expense and not less than 35 days prior to the Option
Expiration Date, deliver to Local Government and Acquiring Agency a current boundary survey of the
Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards
and requirements of Acquiring Agency ("Survey"). It is Seller's responsibility to ensure that the surveyor
contacts the Acquiring Agency regarding these standards and requirements and the cost of the Survey prior to
the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date
of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by
Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and
easements or claims of easements not shown by the public records from the owner's title policy. If the Survey
shows any encroachment on the Property or that improvements intended to be located on the Property
encroach on the land of others, the same shall be treated as a title defect. Purchaser shall reimburse Seller for
the Acquiring Agency approved cost of Survey, not to exceed $15,000.00, upon Seller's submission of the
necessary documentation to Acquiring Agency which evidences payment in full of the Survey costs by Seller.
This reimbursement is contingent upon a sale of the Property to Purchaser.
6. TITLE INSURANCE. Seller shall, at Sellers sole cost and expense and at least 35 days prior to the
January 7, 2005 Page 3
03-034-FF3
Option Expiration Date, furnish to Purchaser a marketable title insurance commitment, to be followed by an
owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, approved by
Acquiring Agency, insuring marketable title to the Property in the amount of the Purchase Price. Seller shall
require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b)
unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of
easements, and (e) unrecorded mechanics' liens. Purchaser shall reimburse Seller for Seller's cost for the
owner's title insurance policy required hereunder. Purchaser's rennbursement shall not exceed an amount
which is equal to the minimum promulgated rate permitted by the Florida Insurance Commissioner's rules and
regulations. Purchaser shall not be required to reimburse Seller until Seller has submitted the necessary
documentation to Acquiring Agency which evidences payment in full of the title insurance cost by Seller and
until the final owner's title insurance policy has been received and approved by Acquiring Agency. This
reimbursement is contingent upon a sale of the Property to Purchaser.
7. DEFECTS IN TITLE. If the title insurance commitment or survey furnished to Purchaser pursuant to
this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days
after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects
in title within the time provided therefor, including the bringing of necessary suits. If Seller is unsuccessful in
removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects,
Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase
Price by an amount determined by Acquiring Agency, (b) accept the tide as it then is with no reduction in the
Total Purchase Price, (c) extend the amount of time that Seller has to cure the defects in tide, or (d) terminate this
Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement.
8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Local Government a deed in
accordance with Section 125.411, Florida Statutes, conveying marketable tide to the Property in fee simple free
and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for
those that are of record and acceptable encumbrances in the opinion of Purchaser and do not impair the
marketability of the tide to the Property. The grantee in Seller's Deed shall be the CITY OF KEY WEST.
9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit
to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required
by Sections 286.23, and 380.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8. of
this Agreement, Seller's closing statement, the tide, possession and lien affidavit certified to Purchaser and tide
insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit. The deed title,
possession and lien affidavit and environmental affidavit shall be prepared on Acquiring Agency forms which will
be provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's closing statement. All prepared
documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30
days prior to the Option Expiration Date.
10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be
provided by Seller under this Agreement within 30 days after receipt by Purchaser of all of the required items.
Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to
timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the
Option Expiration Date.
January 7, 2005 Page 4
03-034-FF3
11. EXPENSES. Seller will pay the documentary revenue stamp tax and all other taxes or costs associated
with the conveyance, including the cost of recording the deed described in paragraph 8. ofthis Agreement and any
other recordable instruments which Purchaser deems necessary to assure good and marketable title to the
Property.
12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a
lien against the Property shall be satisfied of record by Seller at closing. In the event the Local Government
acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section
196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes
prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event
the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax
collector an amount equal to the taxes that are determined to be legally due and payable by the county tax
collector.
13. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the
option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey,
environmental site assessment, or any other documents required to be provided or completed and executed by
Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation
curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser.
14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage
to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the
Local Government in the same or essentially the same condition as of the date of Seller's execution of this
Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an
ant of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate
this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and
warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller
agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris
from the Property to the satisfaction of Local Government prior to the exercise of the option by Purchaser.
15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement
is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property
for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to
the Local Government at closing.
16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or
valid, recorded easements that benefit the Property.
17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to
closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each
without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's
default. In connection with any dispute arising out of this Agreement, including without limitation litigation and
appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs.
18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real
estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately
January 7, 2005 Page 5
03-034-FF3
disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser harmless
from any and all such claims, whether disclosed or undisclosed.
19. RECORDING. This Agreement, or notice of it, maybe recorded by Purchaser in the appropriate county
or counties.
20. ASSIGNMENT. This Agreement may not be assigned by either Party without the prior written consent
of the other Party.
21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement.
22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable,
the enforceability of the remaining provisions of this Agreement shall not be affected.
23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal
representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and
Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it.
Whenever used, the singular shall include the plural and one gender shall include all genders.
24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining
to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations
and understandings of the parties. No supplement, modification or amp to this Agreement shall be binding
unless executed in writing by the parties.
25. WAIVER. Failure of Purchaser to insist upon strict performance of any covenant or condition of this
Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the
future of any such covenant, condition or right; but the same shall remain in full force and effect.
26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto,
shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties
hereto.
27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this
Agreement.
28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by
written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of
this Agreement, or such other address as is designated in writing by a party to this Agreement.
29. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth
in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of
this Agreement and Local Government's possession of the Property.
January 7, 2005 Page 6
03-034-FF3
30. COUNTY RESOLUTION. Seller will execute a County resolution which shall be made in lieu of the
Beneficial Interest Affidavit and Corporate Addendum stating the Seller is the record owner of the property and
has the authority to dispose of the property in accordance with the provisions of this Option Agreement For Sale
And Purchase.
The resolution shall also include language as follows:
The Monroe County Commission, Florida, does hereby certify to the City of Key West and the Florida
Communities Trust that, in conjunction with the sale of the real property legally described on the attached Exhibit
A by Monroe County, Florida to the City of Key West, no Member of the Monroe County Commission will
receive monetary compensation from the proceeds of said sale nor does any Monroe County Commission Member
have a personal interest in the subject transaction.
THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLER AS AN OFFER. IF THIS
AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE JANUARY 31, 2005, THIS OFFER
WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER -
THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, TOTAL
PURCHASE PRICE, ACQUIRING AGENCY'S PURCHASE PRICE, AND LOCAL GOVERNMENT'S
PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING
PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K-8.011, FLORIDA ADMINISTRATIVE
CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL
MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT
AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY
SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS
CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE.
THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE
ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
Attest: DANNY'L. OLHAGE`,/CLERK
B�
puty lerk
(OFFICIAL SEAL)
Approved as to Form
By:
ate:
January 7, 2005
03-034-FF3
SELLER
MONROE COUNTY, FLORIDA
By: .
cet)
YOR DIXIE
SPEHAR
C)
'
Ot—'
January 19 2005
r^::r,
oar_
r,
Date signed by Local Government
ss=
v
Page 7
Approved as to Form and Legality
By: �, n^�/ 4��
0 T (t counsel
Date: ,� o �
Approved as to Form and Legality
By: ZLt.
Date: 3-2-of
STATE OF A U r I JO-1 )
COUNTY OF W Oy'tY'(f -.1
Date signed by Local Government
foregoing ' t was acknowledged before me this_2DJ-- daY of rC'h 20�by
1 fYl e- as - of the CITY OF KEY WEST, Florida
on behalf of th ocal Gove ent. They ark onally known to me.
(NOTARY PUBLIC)
SEAL
;�eiy Vivian Perez
MY CCIMMI MIN # CC991212 EXPIRES
April 9, 2005
•:�► 5•:d,:` BONDED THRU TROY FAIN INSURANCE INC.
January 7, 2005
03-034-FF3
Notar V ' ,-) V�r e,n
(Printed, Typed or Stamped Name of
Notary Public)
Commission No.:_� 1 oZ
My Commission Expires: c) tj - C�S
Page 8
to Acquiring Agency
STATE OF FLORIDA )
PURCHASER
ACQUIRING AGENCY
By: '--
JAN
Division
Date
TRUST
and
(oy
Acquiring Agency
COUNTY OF LEON )
The foregoing instrument was acknowledged before me this day of
BROWNING, Director, Division of Housing and Community Development of the Flor
of the Acquiring Agency. She is personally known to e.
(NOTARY PUBLIC) .
SEAL
Notary Public
(Printed, Typed or Stamped Name of
Notary Public)
ui1ir 1,
Commission No.: ����� �� �
My Commission Expires: ���� Ua•"';'• e�i
;'�Ub ber 6,
coo 00� 9�cn
y : #DD153509 : o.
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January 7, 2005 Page 9
03-034-FF3
Development
20! by JANICE
ities Trust, on behalf
EXHIBIT "A"
Legal Description
A portion of Government Lot 1 of Section 34, Township 67 South, Range 25 East, Monroe County, Florida.
A survey as defined in paragraph 5 will be required to determine the final adjusted acreage for the parcel prior to closing.
January 7, 2005 Page 10
03-034-FF3
4
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Property
Legal Description:
Prepared by undersinged:
Being a part of land located on Stock Island, Monroe County, Florida and
being more particularly described as follows:
Beginning at coordinates of which are N 87,268.27 and E 407,559.07, bused
on the United States Coast and Geodetic Survey's Mercator Grid Coordinate
System, Florida East Zone, 1983, which has for its zero coodinotes a point
at Latitude 24'20'00' North and 500,000 feet West of Longitude 81'00'00 "
said point being the intersection of the Easterly Right —of —Way Line of Junior
College Rood and the Northerly Right —of —Way Line of U.S. Highway No. 1
(State Road No. 5), at the Westerly end of Junior College Road; ; thence
N.70'40'03"E., along the said Northerly Right —of —Way Line of U.S. Highway
No. 1 a distance of 21.39 feet; thence N.04'20'14"W., a distance of 784.40
feet; thence S.89'21'03"W., a distance of 111.41 feet; thence S.58'05'53"W.,
a distance of 304.38 feet; thence S.34'13'10"E., a distance of 35.93 feet.
thence S.40' 13' 12"W., a distance of 143.60 feet to the said Easterly
Right —of —Way Line of Junior College Rood; thence S.39'47'17'E., a distance
of 135.59 feet to the point of curvature of a curve to the left, having: a
radius of 361.02 feet, a central angle of 14'25'40", a chord bearing of S 47'
00'07'E. and a chord length of 90.67 feet; thence along the arc of said
curve, an arc length of 90.91 feet to the point of tangency of said curve;
thence S.54'12'57"E., a distance of 272.56 feet to the point of curvature of
a curve to the right, having: a radius of 265.00 feet, a central angle of 35'
06'00", a chord bearing of S.3639'58"E. and a chord length of 159.82 fee;:
thence along the arc of said curve, on arc length of 162.34 feet to the
point of tangency of said curve; thence S.19'06'58"E., a distance of 36.16
feet to the Point of Beginning.
Parcel contains 209036 square feet or .4.80 acres, more* or less.
LEGEND
P.O.B. -Point of Beginning
P.O.C. - Point of Commencement
D - Deed
C - Calculated
0. R. - Original Record
117gl-eSSI
Z-greSS & C&111V Easement
ol-7
Stock 15101"7(g" Florlo'a
This sketch Of 1&-qG1 d&SC,-1,0110n /s fog
,011rposes on��, This /-�� not G survey.
0 100 200
- MEMOMMI
;91,1A j
MONROE COUNTY PUBLIC WORKS 7, -7, 7
ENGINEERING. DEPARTMENT
10600 AVIATION BOULEVARD
MARATHON, FLORIDA 33050
305-289-6074
Cb
Ingress/Egress and Utility Easement
On RE 72080-001800
Stock Island, Florida
The following legal description describes a parcel of land located on Stock Island in
Government Lot 1 of Section 34, Township 67 South, Range 25 East to be retained as an
ingress/egress and utility easement by Monroe County. Said parcel of land also being a
portion of Tract 2 (Project No. Fla.8-906-F) as described in OR G-56, Page 58 found on
record in the Clerk's Office of Monroe County, Florida and being more particularly
described as follows: Commencing at the point of intersection of the centerline of the
former Florida East Coast Railway main track extended southwesterly from Stock Island
with the centerline of Roosevelt Boulevard on the island of Key West; thence N 71 ° 19'
E along the centerline of the former Florida East Coast Railway main track a distance of
1607.24 feet; thence N 4°06'41" W a distance of 181.44 feet; thence continue N
4106'41" W a distance of 707.86 feet; thence West a distance of 111.49 feet; thence S
58°44'50" W a distance of 305.40 feet; thence S 54°30' 16" E a distance of 32.23 feet to
the Point of Beginning of an ingress/egress and utility easement to be retained by Monroe
County; thence S 5490' 16" E a distance of 44.84 feet; thence S 35°29'44" W a distance
of 203.22 feet; thence N 38°43'21" W a distance of 64.19 feet; thence N 40'42' 13" E a
distance of 186.53 feet to the Point of Beginning, containing 0.240 acres more or less.
\ j� � Y i
LEGEND x
P.O.B. - Point of Beginning
P.O.C. - Point of Commencement
D - Deed
C - Calculated
O.R. - Original Record
Property lqet0ir7&d for BayshoreMarjo 1-
0/7 1FZ- 72090-001900
SIOCk 151017d, I-10r&67
This sketch Of 1&-qcl desclIW101/s for 111z1st1-Gt1v&
purpos
es c,174v This is not 0' survey.
100 0 100 200
MONROE COUNTY PUBLIC WORKS
ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD
MARATHON, FLORIDA 33050
305-289-6074
-1
Property Retained for Bayshore Manor
On RE 72080-001800
Stock Island, Florida
The following legal description describes a parcel of land located on Stock Island in
Government Lot 1 of Section 34, Township 67 South, Range 25 East to be retained by
Monroe County for the benefit of Bayshore Manor (RE 72080-002000). Said parcel of
land also being a portion of Tract 2 (Project No. Fla.8-906-F) as described in OR G-56,
Page 58 found on record in the Clerk's Office of Monroe County, Florida and being more
particularly described as follows: Commencing at the point of intersection of the
centerline of the former Florida East Coast Railway main track extended southwesterly
from Stock Island with the centerline of Roosevelt Boulevard on the island of Key West;
thence N 71 ° 19' E along the centerline of the former Florida East Coast Railway main
track a distance of 1607.24 feet; thence N 4°06'41" W a distance of 181.44 feet; thence
continue N 4°06'41" W a distance of 707.86 feet; thence West a distance of 111.49 feet;
thence S 58°44'50" W a distance of 305.40 feet to the Point of Beginning of a tract of
land to be retained by Monroe County; thence S 54°30' 16" E a distance of 32.23 feet;
thence S 40°42' 13" W a distance of 186.53 feet; thence N 38°43'21" W a distance of
88.14 feet; thence N 58°44'50" E a distance of 176.09 feet to the Point of Beginning,
containing 0.245 acres more or less.
4:141 KU191• 1 1 1
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT FOR SALE AND PURCHASE OF THE PROPERTY
LOCATED ON STOCK ISLAND, KNOWN AS THE PUBLIC SERVICE
BUILDING PROPERTY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERRS OF
MONROE COUNTY, FLORIDA, as follows:
Section i. This Resolution is made in lieu of the Beneficial Interest Affidavit and
Corporate Addendum.
Section 2. Board of County Commissioners of Monroe County is the record
owner of the property and has the authority to dispose of the property in accordance
with the provisions of the Option Agreement for Sale and Purchase.
Section 3. No Monroe County Commissioner will receive monetary compensation
from the proceeds of the sale of the real property legally described on the attached
Exhibit "A" by Monroe County, Florida to the City of Key West, Florida, nor does any
County Commissioner have a personal interest in the subject transaction;
Section 4. The Mayor/Chairman is
Agreement for Sale and Purchase of the
Exhibit "A" to the City of Key West, Florida.
hereby authorized to execute the Option
property legally described on the attached
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 January, 2005.
Mayor Dixie M. Spehar Yes
Mayor Pro TernMcCoy Yes
Commissioner Nelson vpG
Commissioner Neugent vpg
Commissioner Rice Yes r
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
C
Bye, .
Depu Clerk
yessalePS8
/j." ��q � /, , e�� ,I
By
Mayor/C airperson
m Wino t k� U U N j. �:' Af
Tq
AP24WED AS TO
CANNii A. HOTTON
RMWANT CO NTY TT RNEY
ADD31MU K
(IMPROVEMENTS P CHASER)
A. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county public health
unit. This notice is being provided in accordance with Section 404.056(8), Florida Statutes. Purchaser
may, at its sole cost and expense, have the buildings that will remain on the Property inspected and
tested for radon gas or radon progeny by a qualified professional properly certified by the Florida
Department of Health and Rehabilitative Services. If radon gas or radon progeny is discovered, Purchaser
shall have the option to either: (a) accept the Property as it then is with no reduction in the Purchase
Price or (b) terminate this Agreement, thereupon releasing Purchaser and Seller from all further
obligations under this Agreement.
B. Wood Destroying Organisms Inspection Report. Purchaser may, at its sole cost and expense, obtain a
Wood Destroying Organisms Inspection Report made by a state licensed pest control firm showing the
buildings that are to remain on the Property to be visibly free of infestation or damage by termites or
other wood -destroying pests. If the report shows such infestation or damage, Purchaser shall have the
option to either: (a) accept the Property as it then is with no reduction in the Purchase Price or (b)
terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this
Agreement.
C. Maintenance of Improvements. Seller shall, if required by Purchaser, maintain the roofs, doors,
floors, steps, windows, exterior walls, foundations, all other structural components, major appliances and
heating, cooling, electrical and plumbing systems on all improvements that will remain on the Property in
good working order and repair up to the date of closing. Purchaser may, at its expense, have inspections
made of said items by licensed persons dealing in the repair and maintenance thereof. If the inspection
reveals that any of the improvements that will remain on the Property are in need of repair, Purchaser
shall have the option to either: (a) accept the Property as it then is with no reduction in the Purchase
Price or (b) terminate this Agreement, thereupon releasing Purchaser and Seller from all further
obligations under this Agreement.
SELLER PURCHASER
MONROE COUNTY, FLORIDA
By:
Na4fef U1Xie m. a ar
Its: mayor/Chairman
Janus 19, �005
Date signed by
t�DEPVUCLERK�
IMPURADD.FCT
REV. 04/12/01
MONROE COUNTY ATTORNEY
VED AS T 0
ASSISTANT UNTY TTO NEY
Date--
January 7, 2005 Page 11
03-034-FF3