1st Amendment 08/17/2011DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: August 23, 2011
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contracts Administrator
FROM: Isabel C. DeSantis, D.C.
At the August 17, 2011, Board of County Commissioner's meeting the Board granted
approval of the following:
Item C9 Execution of Amendments to two Agreements for the Purchase of Lands
for the Stock Island fire station reducing the purchase price on Lots 13, 14, and 15, Block 31 of
MacDonald's Plat of Stock Island, in the amount of $25,000 from $506,250 to $481,250; and
changing the closing date to September 30, 2011 on both agreements.
Enclosed are fully- executed duplicate originals of the above mentioned for your handling.
Should you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File f
FIRST AMENDMENT TO THE AGREEMENT FOR THE PURCHASE OF LANDS
THIS FIRST AMENDMENT to the AGREEMENT FOR THE PURCHASE OF LANDS,
dated February 10, 2011, is made and entered into this day of
2011, by and between 5671 MACDONALD LLC, R & S of Key West, Inc. and -TRY LLC.,
hereinafter the Seller(s), for themselves, BOARD COUNTY COMMISSIONERS (he einafter
assigns, and the MONROE CO
"COUNTY ").
WHEREAS, it is in the public interest of the County, its residents and visitors, to
complete a new Fire Station on Stock Island, and
WHEREAS,
the parties have entered into an Agreement dated February 10, 2011, for
the County to purchase and the Sellers to sell certain property on Stock Island known as:
Block 31, Lot 12, Stock Island Maloney Subdivision Plat Book 1 and page 55 of the Public
Records of Monroe County, Florida. RE# 00124460- 000000, and
WHEREAS, the parties have determined that their original Agreement should be
amended to reflect the new understanding of the parties based on the results of the
environmental site assessment performed on the site.
Therefore, for good and valuable consideration the parties have agreed to amend the
agreement as follows:
1. Paragraph 14 of the AGREEMENT FOR THE PURCHASE OF LANDS shall be
amended to read:
"14. The effective date of this amendment shall be that date when the last one of the
Seller(s) and theCOUNTY , 11 ; closing t date m may be t extende lo d si b g Date tten agreement
before September
between the parties."
2. Paragraph 16 of the AGREEMENT FOR THE PURCHASE OF LANDS shall be
amended to read:
"15. The COUNTY has conducted an environmental site assessment to determine the
existence and extent, if any, of any hazardous materials on the property. For the
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. The presence of hazardous materials was detected. The Sellers
have agreed to reduce the price for Lots 13, 14 and 15 to compensate the County for
the cleanup of all lots (12, 13, 14, and 15) and is entering into a separate agreement to
confirm the reduction of purchase price. The closing on Lot 12 remains contingent on
the closing of the purchase of Lots 13, 14, and 15. It is further agreed that upon closing
the COUNTY and the Seller(s) shall release one another of all further obligations under
this Agreement, including environmental cleanup of the property."
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3. All other terms and conditions of the original AGREEMENT FOR THE PURCHASE OF
LANDS, not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the Sellers(s) have hereunto signed their names and affixed their
respective seals on the day first above written, with the understanding that this First Amendment
to the Agreement for Purchase of Lands cannot be executed by the COUNTY until after it is
approved to the Board of County Commissioners.
Seller(s): 1) 5671 MACDONALD LLC, 2) R & S of Key West, Inc., 3) H -TRY LLC
Signature of agent for 5671 MacDonald LLC Date
S 7/Z -` El D
Print Name of agent for 5 1 cDonald LLC
Signafure of a ent for R and S Key West, Inc. Date
Print Name of agent for R and S of Key West, Inc
Sig a-ire of agent for,H- TJ�iL�, Date
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Print Name of agent for H -Try LLC
Phone Number
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Phone Number -
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Phone Number
MONROE COUNTY, acting by and through its Board of County Commissio ers, has executed
not on behalf of the MONROE COUNTY this � day of v f
cA
KOLHAGE, Clerk
BOARD OF UNTY COMMISSIONERS
OF MONR fY F W= A
By:
Mayor /Chairman # te&k G
Date: k / - 2-1/
MONROE COUNTY ATTORNEY
A ROVED AS T�R�T LEENE VV CASSEL
TANT COUNTY ATTORNEY
Date Ap- —,t/
21 Page
Deputy Clerk
FIRST AMENDMENT TO THE AGREEMENT FOR THE PURCHASE OF LANDS
THIS FIRST AMENDMENT to the AGREEMENT FOj THE PURCHASE F LANDS,
dated February 10, 2011, is made and entered into this 17-- day of hk&Axw ,
2011, by and between 5671 MACDONALD LLC, R & S of Key West, Inc. an H -TRY LLC.,
hereinafter the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter,
"COUNTY ").
WHEREAS, it is in the public interest of the County, its residents and visitors, to
complete a new Fire Station on Stock Island, and
WHEREAS, the parties have entered into an Agreement dated February 10, 2011, for
the County to purchase and the Sellers to sell certain property on Stock Island known as Lots
13, 14, and 15 of Block 31, more particularly described below, and
WHEREAS, the parties have determined that their original Agreement should be
amended to reflect the new understanding of the parties based on the results of the
environmental site assessment performed on the site.
Therefore, for good and valuable consideration the parties have agreed to amend the
agreement as follows:
Paragraph 1 of the AGREEMENT FOR THE PURCHASE OF LANDS shall be amended
to read:
"1. For good and valuable consideration, the receipt of which is hereby
acknowledged, the Seller(s) agree to sell to the COUNTY certain lands, for the price of
Four Hundred Eighty One Thousand Two Hundred and Fifty Dollars and
No /Cents ($481,250.00) for all of the lands and other interests, which lands shall include
all tenements, hereditaments, together with all water and other rights, easements,
appurtenances, and any and all of the Seller's rights in or arising by reason of
ownership thereunto belonging, owned by them, situate and lying in the County of
Monroe, State of Florida on Stock Island, more particularly described as follows; to -wit:
Lots 13, 14, and 15, Block 31 of MacDonald's Plat of Stock Island according to the
Plat thereof recorded in Plat Book 1 and Page 55 of the Public Records of Monroe
County, Florida."
2. Paragraph 15 of the AGREEMENT FOR THE PURCHASE OF LANDS shall be
amended to read:
"15. The effective date of this amendment shall be that date when the last one of the
Seller(s) and the COUNTY has signed this amendment. The Closing Date shall be on or
before September 30, 2011; closing date may be extended by written agreement
between the parties."
3. Paragraph 16 of the AGREEMENT FOR THE PURCHASE OF LANDS shall be
amended to read:
11 Page
"16. The COUNTY has conducted an environmental site assessment to deter Foe the
existence and extent, if any, of any hazardous materials on the property.
purposes of this agreement, "hazardous kind or l other substance which as regulated by
substance, material or waste of any
any environmental law. The environ nd estimated the cost of such up e presence The Sellers
h materials on the property a
have offered and the County has agree to reduce the purchase price by Twenty Five
Thousand Dollars ($25,000) from the original of Five Hundred
Six T h the and Two
Hundred and Fifty Thousand Dollars and No /Cents ($506,250.00),
purchase price of Four Hundred Eighty One Thousand Two Hundred and Fifty
it is
Dollars and No /Cents ($481,250.00) as stated in paragraph 1 of hall an gel ase endment; one
further agreed that upon closing the COUNTY and the Seller(s)
another of all further obligations under this Agreement, including environmental
cleanup of the property."
4. All other terms and conditions of the ori full foG e and NT OR THE PURCHASE OF
LANDS, not inconsistent herewith, shall remain
IN WITNESS WHEREOF, the Sellers(s with r the understanding r that this First Amendment
respective seals on the day first above written,
to the Agreement for Purchase of Lands cannot be executed by the COUNTY until after it is
approved to the Board of County Commissioners.
Seller(s): 1) 5671 MACDONALD LLC, 2) R & S of Key West, Inc., 3) H -TRY LLC
1)
Signature of agent for 5671 MacDonald LLC Date
S'Ti: ✓E E-e �
Print Name of agent for 5671 MacDonald LLC
2) / Z r
I na(ture o a ent fo R � d SS Key Wes lnc Date Na of agent for R and S of Key West, Inc.
Si nature of agent o�T��LLCC Date
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Print Name of agent for H - Try LLC
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