1st Amendment 08/17/2011FIRST 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/
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Deputy Clerk