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Item B TIME CERTAIN REQUESTED 4:00 P.M. BOARD OF COUNTY COMMISSIONERS AGPoNDA TTPoM Sl~ARY Meeting Date: Bulk Item: Sept: ]1. ?OO? No X Division: Department: ROC.C DiRt:rict: FivE< AGENDA ITEM WORDING: Approval o~ a contract to purchase the Quay property in Key Largo at approximately MM 102 for a government center and other potential uses. ITEM BACKGROUND: Key Largo, Tavernier, and Ocean Reef, as the largest unincorporated area north of the 7 mile bridge, have requested and needed a government building and a meeting room for many years. After 1~ years of searching by staff, the Land Authority, and local realtors, the Quay property is being offered to the County for $1.8 million. At four plus acres with US#l frontage and bay access, it is an ideal site for a community center. Staff is negotiating a contract in general accordance with the attached letter from the SelleEn The negotiated contract will be presented to the Board by the Sept. 11 meeting. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: TOTAL COST: $1.8 million BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Attorney OMB/Purchasing Risk Mgt. ~e.~/dJ{, DIVISION DIRECTOR APPROVAL: MURRAY Po NPoT.SON. C.ommiRRioner DOCUMENTATION: Included: X To Follow: Not Required: DISPOSITION: AGPoNDA T'T'PoM -# JJ PO'T'RN'T'TAT. URRR FOR 'T'HR KRY T.ARGO GOVRRNMRNT CRNTRR i. BOCC MEETING ROOM 2. GROWTH MANAGEMENT 3. CODE ENFORCEMENT 4. COUNTY COMMISSIONER OFFICE 5. TAX COLLECTOR'S OFFICE 6. SHERIFF'S OFFICE 7. EXTENSION SERVICE OFFICE 8. PUBLIC WORK 9 . BOAT RAMP AND PARKING 10. EMERGENCY MANAGEMENT OFFICE 11. DEDICATED E.O.C. 12. RECORDS STORAGE '. M.C. L~ND ~UTHORITY ID:305-295-5181 SEP 05'02 10:07 NO.002 P.Ol The Estate ofKollstantinos "Gut" Boulis 645 n. Dania Beach Boulevard Darua Beach, Florida 33004 Telephone: 954/922.6700 Fax: 954/922.7) 81 . "IliCStv .. 'A-'\ /JD SEp 0 5 lOO( '. September 4, 2002 VIA FAX AND OV BRNIGHT MAIL Mr. Mark J. Rosch Executive Director Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West., Florida 33040 Post.lt'- brand fax transmittal memo 7671 To ,.. F m Co. Dep.. Phon. II 1'.. R fix' Re: The Quay Property, Key 1 ,argo Dear Mr. Rosch: Attached please find a letter of understanding regarding Monroe County's proposed purchase of the Quay Property located in Key Largo, Florida. This lettor briefly outlines some of the basic business tenns ofthat proposed purchase. TillS letter is being submitted in order to get this item on the agenda for the upcoming Monroe County Commission meeting scheduled fOT St.,"ptcmbcr 11 th, 2002. Jfthe County is interested in proceeding to contract on these terms, please notify me no letter then September 1 ill, 2002 and we will prepare a contract for your review amI execution. This letter does not constitute a contract offer, but is merely intended as a means for agreement on some ofthc basic tenlls from. which a binding contract can he prepared. Seller wjJ) be under no obligation to sell this Propelty on these or any other (erms unless and until a final contract has been prepared and signed hy County and Seller. SincerelYt onstnntinos Boulis alk/a Gus Boulis M.C. LAND AUTHORITY ID:305-295-5181 SEP 05'02 10:08 No.002 P.02 ESTATE OF KONSTANTINOS BOUL/.~ AlKlA GUS BOUUS C/O CHRIS A. ECONOMOU AND ACB J. BLACKBURN, JR. AS CO-CURA. TORS 64.i Ba.t D,tnJII Belich BtI"levQrd '. Dalila Belich, Florltlll 33004 Septembor 3, 2002 Via Facsimile Tram:misaio1'l 0"/)' Mr. M,,* Rosch, Executive Director Monroe K;ounty Land Authority 1200 TrUman Avenue Suite 207 Key W~l, Florida. 33040 Re: Tho property generally reforred to as the "Quay Reataurant" located on Key Largo, Florida i(Jld more particularly d"liCribed in Exhibit "A" attached hereto (the "l)roperty") Mr. Mr. :Rosch: This lcttbr will confiml our interest as the Curators <)1" tho Estate of Konslantinos BouJis allc/a Gus Boulif; (the "Seller") to soli the Property \0 M.onroe County (hereinafter "County") subject lo the t~nna and eondition~ to be sct forth in a definitive Agreement for the Purchase of Lands (tl~t.: "Contra<it") to be exceutc:d on behalf or Seller and COlmty, which will includo tho foUowing terms and con~itions: ' 1. The Property. The Property is described on Bxhibit "A'l attached hereto, including all improvements and personal prop6rty owned by the Seller and located on the Propcny. 2. S.Io. Price. One Million Eight Hundred Thousand Dollars ($1,800,000), cash at olosing. 3, IDveltlgatloD Period. TIl0 county will have thirty (30) daYII from the Effective Date of the Contract from which to conduct such inspection ofthc titlo and environmental condition of the Property 88 Count,y deems necessary, Iflhc Phase I Bnvironmental Analysis, recommends that a Phase II Analysis be undcrtakCffi, the In.vestigation Period shall be extended for an additional thirty (30) days. Until the end of the Investigation Period, County will be entitled to terminate the Contract for any reason whatsoever and thereafter, neither Selloa' nor County will have any obligatjull UI' rights in regard to the Contraot. M.C. LAND AUTHORITY ID:30S-295-5181 SEP 05'02 10:08 No.002 P.03 4. CORditto.. of tbe Property, The Property will he sold and purchased in its (l As-Is" condition without representation or wan-anty of any kind from tht)' Seller. The , County will agroe to specifically release Seller from any and all (~laima rehated ~o "Hazardous Materials" and aU physical conditions of the Property. '. S. Development Rip". The County agroes that Five Thousand (5,()()O) square toet of Development Rights relating to the Propony .halt be retained by Seller andl11ay be freely a&signed at the sole discretion of Seller to any other land or lands located witbin Monroe County owned by the Seller or its assignee, for immediate use all t<l the assigned land or lands. conlSiatcmt with applicable regulations, without addition-' approval of said assignment by lhe County. The Development Rights. as assigned will be without diminishment or other adverse affect on such Dovelopment Rights. 6. Seller'. OblaK.UO. To CIGle. County acknowledges and agrees that tho Property is being conveyed as a sale of certain IlSllets that are part oftbe Bstate of Konatantinos BouJis as identified in th~t certain probate division case no. 2001-882 in the Circuit Court tor 8roward County, Florida (the lICasc") and that SeUcr's obliglttioni under lIu:; Contract are subject to Seller'S receipt of it final Order entered by the Court authorizing the tranaaction and sale as contemplated by the Contract, after the runnin~ of all appeal periods (the .Order") authorizing the transaction and sale contemplated herein. The Seller's obligations under thD Contract arc further subject to Seller obtaining from the State of Florida und the l.I'ltonull Rovenue Swvice, cortificates releasing and dischlU'gingthe Florida md Federal Eatate Tax Liens on the Proporty and that fOT any reason, Seller fail/J or il!l unable to ohtain the Order and the reloaso and discharge of the Florida and Federal Estate Tax Lion. on the Property prior to the Closing Date, Seller shall be entitled to terminate the Contract in which case both paTties Ihatl be relioved of all rights lUld obligations thereunder. 7. Title. The Seller will convey Title to ..he Property by a Personal Rcprc:lscntative's Deed. subject to n:al estate taxes for the year of closing and all subsequent years, ISH l:lueJUcnt$_ conditions, covenants, restriction.&, reservations, limitations and agreem"'ntls offel(:ord and matters which would be disclosed by an accurate SUNOY of the land. 8. Broken. By a geparate written agreement, the SallOI' has agreed La pay a brokorage commission to Trammollcrow Realty Services and Marr Property, upon SeUer ttlQtliving the Purchaso Price, The County and SeHer represent and warrant to each other thatlherc is no other broker involved in this transaction. '9. Expenses Iud Proratlon._ Seller will pay docwnentary stamps 10 b~ affixed to the DCJOd and Seller's attomClY's fees and cost. County will pay the cost for any survey, tWo, environmental, recording the Deed and all of County', cost incuJTed during the Invellltigation Period and the.closing of tbe transaction. Real estate taxes shall be prorated as ofthe date of closing. M.C. LAND AUTHORITY ID:305-295-5181 SEP 05'02 10:09 No.002 P.04 to. Clolllnl Date. Closing will occur within throe (3) business days after the expiration of the Investigation Period or as otherwise provided by the Contract. ' IrCounty is interested in proceeding to conlnet on thclie tenns. wo will prop8.l'e a~ntract fot your review and execution. This lotter does not constitute a contract offer. but, is merely intmndcd as '8 means for agreement on some oftbe basic tenna from which a. hinding contnlct call be prepared. Seller will he under no obligation to Bell this Property on these or any other teona unless and until a final contract has been prepared and signed by County and SeHer. Si.nccrely. antinos Bou1is alk/a Gus Boulis ~ N A. Economou ' On behalf of and as Co-Curator co: Peter Filomcma :ChcryJ Bower J:'lU!(I'D4'!lHI(ll CII,~r,'I""..r or lu..nt VIl'd M.C. LAND AUTHORITY ID:305-29S':"'5181 SEP 05'02 10:09 No.002 Au e"'H' "fr " '. I , , ~re'~'~ ~~t~' G~f "t ,u.t i and all of "",;,et 9 1I1id'lOj ,_~ NfDli-:; , ~i riJli rU\'-ciF J.I!It 'Maar. ."""nl1"C t," tlla rtit~'~hql:W~t'd"', ~ I'W ~ ~;';' ;..,. \.~~'t, !a.a..e. t7: o't tl!o J'ub1.J.c: 1te~h1s: ~l 'ffonrO,..Cf.t~~T~~ )')~;.r' ,. '. ::~r f .,.~. 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Board of County Commissioners RESOLUTION NO. -2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE USE OF THE STATUTORY QUICK TAKE CONDEMNATION OF PROPERTY PROCEDURE OF CHAPTER 74, FLORIDA STATUTES, FOR THE QUAY PROPERTY IN KEY LARGO WHEREAS, the citizens of the Upper Keys need, and deserve to have available to serve them, a County office building located on Key Largo; and WHEREAS, the BOCC hereby determines that the Quay site on Key Largo is appropriate for a County office building and that the taking of the site by the eminent domain procedure of Chapters 74 and 127, FS, serves a County purpose; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. County staff is hereby directe~roceed pursuant to Chapter 74, FS, Proceeding Supplemental to Eminent Domain, to obtain title and possession to the Quay property, Key Largo, as expeditiously as possible. ~ ~/."m,./II"'/ Section 2. The Clerk. authorized to pay into the registry of the Court a pre-final judgment amount equal to he highest appraisal for the property obtained by the Land Authority or such amount that the Court may order. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 11th day of September, 2002. ~ "trfi~~ I'Ud;M $f ~, ~11t ..J.. .. flHcR HtJt- Mayor McCoy .,. IlXcJIU( ",. 'l'( ""ill..., ,,"" I,. 4tC~ /{Iv< nDf-1JeiI" Mayor Pro Tem Spehar t.M.tJJ 1fA'Iti~ IS "'11 J~ Commissioner Nelson J - -, / Commissioner Neugent Commissioner Jimenez (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairperson Deputy Clerk JdresQuay