Item M12 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: County Administrator
Bulk Item: Yes _ No X Staff Contact.Person: Natileene Cassel
Contract#292-3470
AGENDA ITEM WORDING: Approval of Amendment 2 to Commercial Purchase and Salle
Agreement between Oceanside Investors,LLC and Pritam Singh (Oceanside) dated August 20,
2014 for the purchase of the Hickory House property,extending the closing date from December
11,2014 until after the DEO issues a Notice of Non-Appeal on the Amendment to the
Development Agreement.
ITEM BACKGROUND: Oceanside has requested that the Commercial Purchase and Sale
Agreement be amended to extend the closing on the Hickory House project from December 11,
2014 until on or before seven(7)days after the DEO issues a Notice of Non-Appeal on the
Development Agreement.
The BOCC mandated and Oceanside has agreed to insure public access to the present Hickory
House property by amendment to the existing Major Conditional Use approval,Planning
Commission Resolution 04-2014 and Development Agreement dated December 11, 2013.The
requirements included amendments to the Major Conditional Use and Development Agreement
as a condition of approval are as follow: (1)the"continuation of a boardwalk or walkway along
the western shoreline of the Property to enhance public access to the waterfront which shall be
open to the public free of charge from dawn to dusk three hundred sixty-five(365)days per
year", (2) "Buyer may establish and enforce reasonable rules related to use of the boardwalk and
conduct by the public while using the boardwalk or walkway from dawn to dusk", and(3)
"Buyer agrees that no physical barrier may be erected to close off access or create the appearance
that access during daylight hours is restricted."
Oceanside has made application to amend the Major Conditional Use and the Development
Agreement to reflect these terms. The amendment to the Development Agreement was approved
by the Planning Commission at a public hearing on November 19,2014. The Board of County
Commissioners will be considering the Amendment to the Development Agreement on December
10,2014.The same day as this Amendment 2 will be heard.The closing date on the property
should not take place until all appeals have been exhausted or waived by the DEO who is the
reviewing authority.
PREVIOUS RELEVANT BOCC ACTION:
In August 2006, the County purchased the property located at 5948 Peninsula Avenue, Stock
Island,Florida.Attempts to purchase were either cancelled by the purchaser,or rejected by the
BOCC in August 27,2008,August 19,2009,November 19, 2009, October 20,2010 and
September 21,2011. On August 20,2014 the BOCC approved the Commercial Purchase and
Sale Agreement with Oceanside Investors,LLC, and Pritarn Singh, individually for the purchase
of the Hickory House property from the County. On October 17,2014 the BOCC approved
Amendment 1 to the Commercial Purchase and Sale Agreement extending the closing date to
December 11, 2014.
CONTRACT/AGREEMENT CHANGES: Extend the closing date of the sale from December
11, 2014,until all appeals have been exhausted or waived by the DEO.
STAFF RECOMMENDATIONS:Approval
TOTAL COST: -0- BUDGETED: Yes N/A No
LOCAL PREFERENCE: N/A
COST TO COUNTY: -0- SOURCE OF FUNDS:
REVENUE PRODUCING: Yes y No AMOUNT PER MONTH— Year
APPROVED BY: County Attyz:� OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
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AMENDMENT 2 TO COMMERCIAL PURCHASE AND SALE AGREEMENT V
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THIS AMENDMENT to that certain Commercial Purchase and Sale Agreement dated August 20,
2014 is entered into on this 101h day of December, 2014, by and between BOARD OF COUNTY i
COMMISSIONERS OF MONROE COUNTY, FLORIDA,a political subdivision of the State of Florida ("Seller")
and Oceanside Investors, LLC, a Florida limited liability company and Pritam Singh, individually
("Purchaser"), for the purchase and sale of 5948 Peninsular Avenue, Stock Island, Florida 33040
("Property").
RECITALS
WHEREAS,the parties entered into a contract(the "Contract")for the purchase and sale of the
Property on August 20,2014("Effective Date");and
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WHEREAS,the parties agreed to Amendment 1 of the purchase and sale agreement on October r
17,2014 to extend the closing until December 11,2014;and
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WHEREAS, the Contract requires the Purchaser to construct a boardwalk along the Western
edge of the Property for public access upon approval of an amendment to its Development Agreement u
dated December 11, 2013 ("Development.Agreement"), by and between, amongst other parties, Seller W
and Oceanside Investors, LLC, and obtaining an amendment to Purchaser Oceanside Investors, LLC's
Major Conditional Use Approval granted pursuant to Monroe County Planning Commission Resolution 6
PO4-14("Major Conditional Use");and
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WHEREAS,the amendments to the Development Agreement and Major Conditional Use cannot
be finalized and approved until after the Board of County Commissioner's County Commission meeting
which is set to be held on December 10, 2014 and the Florida Department of Economic Opportunity
("DEO")issues its Notice of Non-Appeal after the Development Agreement is rendered to the DEO; and
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NOW, THEREFORE, in consideration of the covenants and promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seiler
and Purchaser hereby agree:
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1. Recitals. The Recitals contained herein are true and correct.
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2. Extension of Closing Date. Purchaser and Seller agree to extend the closing date until on j
or before seven(7)days after the DIED issues it's Notice of Non-Appeal.
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3. Counterparts. This Addendum maybe executed in counterparts. C
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[REMAINDER OF PAGE INTENTIONALLY BLANK.SIGNATURE PAGE TO FOLLOW.]
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IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above
written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST:AMY HEAVILIN,CLERK OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk
p Y Mayor/Chairperson y
WITNESS FOR PURCHASER PURCHASER
1 .� BY
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Witness signature as to both Purchasers Pritam Singh, Manager of Ocea ide Investors, LLC
Print Name Date ( "Z.d
Date :
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2 Pritam Singh, Individually a
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Witness signature as to both Purchasers
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Print Name MONROE COUNTY ATTORNEY'%'
Date V r
PPROVED AS TO FORM, f °
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.1�.. �.�.dl NATILEENE�CA��
.�w SSEL
ASSISTANT COUNTY ATTORNEY I
NOTARIZATION-PURCHASER date _
STATE OF VERMONT)
COUNTY OF WINDSOR)
The foregoing instrument was acknowledged before me this day of November,2014,
by Pritam Singh, individually and as Manager of Oceanside Investors, LLC, a Florida limited liability
company. He is personally known to me.
teven R.Saunders, Notary
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My Commission Expires:2/10/2015
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This COMMERCIAL PURCHJM AND SALE AGREEMENT("Agreement")is entered Into this aPt'"day of
August,2014,by and between BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,Fl.ORIDA,a
political subdivision of the State of Florida ("Seller"), whose address is C/O Roman Gastesi, County
Administrator, 1100 Simonton Street, Room 2-205, Key West, Florida 33040 and Oceanside Investors,
LLC, a Florida limited liability company and Pritam Singh, Individually ("Purchaser"), whose address is
1010 Kennedy Drive,Monroe County,Florida.
1. AGRIBMW TO SEU,/PURCHASE. In consideration of the mutual promises contained herein and
other good and valuable consideration,the receipt and suffidency of which is hereby acknowledged,
Seller hereby agrees to sell to Purchaser, and Purchaser agrees to buy from Seller,that certain real
property located in Monroe County, Florida, described below, together with all Improvements,
easements,rights and appurtenances,in accordance with the provisions of this Agreement.
2.DESCRIPTION OF PROPERTY.The property which the Seller agrees to sell and the Purchaser agrees to
buy pursuant to the terms of this Agreement is that certain property situated on Stock Island, Monroe
County,Florida commonly known as the"Hickory House",which is located at 5948 Peninsular Avenue,
Stock Island, Key West, Florlda 33040, also known as 5948 Maloney Avenue, Stock Island, Key West,
Florida 33040,and is more particularly described as;
Loft 30,31 and the West 74 of Lot 32,In Square 46,according to RftIonaVs subdMdon of a part of
Stock Island, Monroe County, FlorI4 as recorded In Plat Book 1,Page 55,of the Public Records of
Coll,Florida.
The above-described Parcel shall be referred to herein as the"Hickory House Parcer.
And that certain County-owned right of way which is approved to be abandoned In accordance with
Resolution No.116-2014 comprising a part of Peninsular Avenue,Stock Island,Key West,Florida 33040.
which is more particularly described as.
The Northerly 1/2 PoWnsular Avenue,lying between Block 46 and 6%South of Lou 34 31&the West
1/2 of Lot 32,In square 46,awWbn to MalbrwWs subdivision of a part of stack
County Florida,as recorded in Not Book:1,Pa
ge 55,of the Public Recortis of tlAmhroe County,Fdortda,
MW being more Particularly described as follows:
Commence at the Southeast corner of lot 35 of said pint,thence West along the NOrth right-ofway
line of Peninsu our Ave.for a dtstmroe of 175.0o feet to the southeast corner of the said West 1/2 of Lot
32,and the point of ginning;thence continue West along the said North righvo One of
Penhnsular Ave.for a distance of 195.0 feet;,Wore OrigntatheplaftdshorelkwofPsninsuLw
Avenue;th4m s 17"19'01"W along the philtted shoreline for a distance of 31.62 fteit to the
` ntwffne of Pordnsular Ave.;thence East allong the said center One of Peninsplor Ave.,for a dktance
of 205.0 fM more or teas to the southerly aftmaw of the East lithe of the said West 1/2 of Lot 32;
thence North for a distance of 30.0o feet to the said North rightaway One of Peninsular Ave,and the
point of beginning.
Containing 6,000.0 square feet,more or less.
The above described Parcel shall be referred to herein as the"Peninsular Parcel".
The Hickory House Parcel and the Peninsular parcel shall be referred to herein as the"Property",In the
event Resolution 116-2014 is challenged the Hickory House parcel only shall be conveyed,and all terms
and conditions of this Agreement shall remain the same.
3. PURCHASE PRICE. The Purchaser shall pay to Seller the total sum of TWO Million and 00/100
($2, ,000.00) Dollars ("Purchase Price") for the Property at dosing. Seller hereby authorizes
Purchaser to wire transfer the purchase furxls directly to Stones&Cardenas,Adele V.Stones as escrow
agent, who is authorized by law to receive such payment, and to require said escrow agent to pay
Seller's expenses of sale.
4. DEPOSIT. Purchaser shall pay to Seller the amount of Two Hundred Thousand and 00/100
($200,000.00)Dollars on or before August 22,2014 as a Deposit. Adele V.Stones of Stones&Cardenas
Law Office, 221 Simonton Street, Key West, FL 33040 shall hold the deposit until the closing on the
Agreement,and shall credit the deposit towards the total purchase price..
S.CLOSING PLACE AND DATE.The closing shall be on or before November 19,2014.dosing shall occur
at Stones&Cardenas, 221 Simonton Street, Key West, Florida at a time mutually acceptable to Buyer
and Seller
6. FORM OF CONVEYANCE. Seller shall convey the Property to Purchaser by Quit Claim Deed,In a form
prescribed by law.Seller shall deliver to Purchaser a draft of such deed at least fifteen(15)days prior to
closing.The conveyance shall take place at dosing in consideration for payment by the Purchaser of the
Purchase Price,as set forth herein.Pursuant to Florida Statute 125.411 the county shall not be deemed
to warrant the title or to represent any state of farts concerning the Property.
7.NO WARRANTY.Purchaser agrees that on the date of closing the Seller shall deliver the Property in
"v-i 'condition.Seller makes no warranty as to the present title of the property or the condition of the
buildings,fixtures,Improvements,appurtenances,or conditions existing on the Property.
S.DUE DILIGENCE Buyer shall have sixty(60)days from the effective date to conduct any due diligence,
which Buyer in Its sole discretion determines necessary. The"effective date"shall be the date of the last
signature required on this agreement to become binding. if Buyer does not Notice Seller within the sixty
(60) day due diligence period that Buyer does not wish to purchase the property, Buyer shall be
obligated to purchase the property and close within the stated time period of dosing on or before
November 19,2014.
9.PUBLIC ACCESS.As additional consideration for Seller's agreement to sell the Property,Buyer agrees
that an application shall be made within sixty(60)days of the execution of this Agreement to amend the
existing Major Conditional Use approval, Planning Commission Resolution 04-2014 and Development
Agreement dated December 11,201%for Oceanside Investors,LLCs adjacent property located at 5900
— 5950 Peninsular Avenue, Stock Island, Florida, to include the subject property. The amended
redevelopment plan shall include as a condition of approval the continuation of a boardwalk or walkway
along the western shoreline of the Property to enhance public access to the waterfront which shall be
open to the public free of charge from dawn to dusk three hundred sixty.flve(365)days per year. The
Parties agree that the Buyer may establish and enforce reasonable rules related to use of the boardwalk
and conduct by the public while using the boardwalk or walkway from dawn to dusk. Buyer agrees that
no physical barrier may be erected to close off access or create the appearance that access during
daylight hours is restricted. This condition shall survive closing and shall be enforceable by Seller
through injunctive relief in the event of a breach in performance of this condition.
10. ENVIRONMENTAL SITE ASSESSMENT. Seiler purchased the property in November, 2006, and
obtained at that time an update to an existing Phase 2 Environmental Assessment Report with proof of
remediatlon.Since the purchase,the property has been closed pending proposed development.Seller
makes no warranty as to the present condition of the land, buildings, fixtures. Improvements or
appurtenances;the property Is offered in an"as is"condition.Purchaser may,at its own expense,within
sixty(60)days of the effective date of this contract,obtain an environmental assessment,which shall be
for the use of the Purchaser only and may not be used to require the County to provide a cleanup of the
property. Within the sixty(60)day due diligence period, the Purchaser shall conclude its assessment
including review of same and a determination whether to accept the conditions extant.
11. HAZARDOUS MATERIALS. in the event that such environmental site assessment provided for In
Paragraph Ten(10)above confirms the presence of hazardous materials on the Property,Purchaser,at
Its sole option,may elect to terminate this Agreement within the due diligence period and neither party
shall have any further obligations under this Agreement.Should Purchaser elect not to terminate this
Agreement, Purchaser shall, after closing and at Its sole cost and expense, promptly commence and
diligently pursue any assessment, dean up,and/or 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.
12. SURVEY. Seller shall have no obligation to provide an up-to-date survey of the Property to
Purchaser.Purchaser may obtain a survey at Purchaser's sole cost and expense during the due diligence
period,however,Seller shall have no obligation to cure any survey objection or title deflect arising out of
the survey examination. Purchaser shall have no remedy for survey objections arising after the
expiration of the due diligence period.
13. TITLE INSURMCL Purchaser, at its sole and exclusive cost and expense, may obtain a title
insurance policy In a form acceptable to Purchaser.
14. DEFECM IN TITLE. If Purchaser elects to obtain a title insurance policy on the Property during the
due diligence period,and the title insurance commitment or survey obtained by Purchaser discloses any
defects in title which are not acceptable to Purchaser,Purchaser shall have the option to.(a)accept the
title"asW with no reduction In the Purchase Price,(b)attempt to cure the defect itself during the due
diligence period, or (c) terminate this Agreement and release Purchaser and Seller from all further
obligations under this Agreement. Any defects In title discovered after expiration of the due diligence
period shall not be grounds for cancellation of the Contract, nor shall Seller be required to take any
steps to cure said defects or objections.
1S.EXPENSES.All taxes,recording fees,or other expenses related to the transaction shall be borne by
the Purchaser. Notwithstanding the prior sentence,Seller shall prepare the deed for the Property at
Seller's sole and exclusive expense.
16. TAM AND ASSESSMU4M Seller, being Immune from taxation, shall have no obligation in
accordance with Section 196.295,t Florida Statutes, to 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. Purchaser shall be responsible for all costs of sewer connection and
assessments.
17.RISK OF LOSS AND CONDMON OF REAL PROPERTY.Seiler assumes all risk of loss or damage to the
Property prior to the date of dosing and warrants that the Property shall be transferred and conveyed
to the Purchaser 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 act 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.
18.RIGHT TO ENTER PROPERTY.Seiler 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.Purchaser agrees to indemnify and hold harmless Seller for any and all claims for bodily Injury,
death,personal injury, and property damage,and all other losses,damages or expenses incurred as a
result of such permitted entry.
19.ACCESS.Seller warrants that there is legal Ingress and egress for the Property over public roads or
valid,recorded easements that benefit the Property.
20.DEFAULT.if Seller defaults undu this Agreement,Purchaser may:(1)waive the default and proceed
to closing;or(2)refuse to close and elect to receive the return of any moneys paid to Seller. If Buyer
defaults under this Agreement,Seiler shall be entitled to retain the deposit monies paid to the Escrow
Agent.
21.RECORDING.This Agreement,or notice of it,may be recorded by Purchaser in the Official records of
Monroe County.
22. ASSIGNMENT. This Agreement may not be assigned by either Party without the prior written
consent of the other Party.
23.TIME Time Is of the essence with regard to all dates or times set forth In this Agreement.
24. 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.
25.SUCCESSORS IN INTEREST.Upon Seller's execution of this Agreement,Seller and Sellers heirs,legal
representatives, successors and assigns shall be bound by it. Upon Purchaser's execution of this
Agreement,Purchaser and Purchaser's heirs,legal representatives,successors and assigns will be bound
by It.
26.ENTIRE AGREEMW.This Agreement contains the entire agreement between the parties pertaining
to the subject matter contained herein, and supersedes all prior and contemporaneous agreements,
representations and understandings of the patties.No supplement,modification or amendment to this
Agreement shall be binding unless executed In writing by the parties.
27. WAIVER. Failure of Purchaser or Seller 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.
28.ADOXNDUFA Any addendum attached hereto that is signed by the parties shall be deemed a part of
this Agreement.
29.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.
Notice to Seller shall be as follows:
Monroe County
C/O Roman Gastesi,Courft Administrator
1100 Simonton S Room 2-205
Key West,Florida 33040
th a Copy to:
Monroe County Office of the County Attorney
C/O Bob ShUlInger,Esq.
111112e`St.,Suite 408
Key West,FL 3'
Notice to Purchaser shall be as follows:
Oceanside Investors,LLC and Pritam Singh
C/O John Allison
1010 Kennedy Drive,Suite 302
Key West,Florida 33040
Wfth a copy to.-
C/O Dartan W.Smith,Esq.
13it-142 Simanton St.
Key West,FL 33040
30.SURVIVAL.The covenants,warranties,representations,Indemnities and undertakings of Seller and
Buyer set forth In this Agreement shall survive the closing,the delivery and recording of the deed,and
Seller's tender of possession of the Property.
31. COMPLIANCE WITH ADA. Purchaser wig not be compensated under the contract for changes
necessitated by noncompliance with any federal,state or local law,ordinance,rule,or regulations that
affect Purchasers use of the Property.
32. COUNTERPARTS.This Agreement may be executed and delivered In any number of counterparts,
each of which shall be deemed to be an original and all of which shall constitute one and the same
Instrument. Signatures may be made via facsimile and any such signatures shall be deemed to be
original signatures and shall be binding on the parties.
33. COSTS 9k FEES/VENUE. In the event of any dispute arising out of the performance or enforcement
of this Agreement,the prevailing party shall be entitled to recover reasonable attorneys fees and costs,
Including reasonable attomey's fees and costs through any appeals. Key West,Monroe County,Florida
shall be the venue for any legal proceedings Instituted under this Agreement.
(REMAINDER OF PAGE INTENTIONALLY BLANK.SIGNATURE PAGE TO FOLLOW.]
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WHEREOF,the parties hereto have set their hands and seals the day and year first above
BOARD OF COUNTY COMMISSIONERS
IlLHEAVAILIN,CLERK OF MON COUNTY,
M r/Chairp
WITNESS FOR PURCHASER PUR
Witness signature as to both Purchasers Pdtam Singh,Manager o nskle Im�estors,�LULC
Print Name._EveyorY OPOjfZp Date
Date_
2) ,
Pritam Singh,Individ
Witness signature as t th Purchasers
MO OE COUNTY ATTORN
Print Nameeno,01)S()n T'Q L 10r) �NATIL�EENE
�TO
Date � = W. GASSEL.
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ASSISTANT oD N Y ATTQ NEY
NOTAMUTION-SELIJER Date
STATE OF FLORIDA)
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this day of August,2014,
by .as Identification. He is personally known to me or produced
Commission No.
My Commission Expires:
NOTARIZATION-PURCHASER
STATE OF FL _)
COUNTYOF nnov►rot' 1
The foregoing instrument was acknowledged before me this I I&_day of August,2014,
by Pritam Singh,individually and as Manager of Oceanside Investors,LLC,a Florida limited liability
company.He is personally known to me.
Commission No.
My Commission Expires:_,, LS-41vtJ-010v*W
;='" GtF1R ORZY OROPI:?A
MY COMMSSION#FF1�r
EXPIRES JU1Y 1.2018
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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 fmm your county public health unit.
This notice is being provided In accordance with Section 404.056(a),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.
8.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. Purchaser
shall pay for the inspection.Purchase acknowledges that he is purchasing the property and all fixtures of
whatever nature in was Isw conditlon.
C. Maintenance of Improvements. Seller offers the property and the roofs, doors, floors, steps,
windows, exterior walls, foundations, all other structural components, major appliances and heating,
electrical and plumbing systems on all Improvements that will remain on the Property In"as is"
BOARD OF UNTY ONERS
VlUN,CLERK OF MON CO
VA9 Ma /Chal n
ESS FOR PURCHASER PURC7
Witness signature as to both Purchasers Pritam Singh,Manager of Oceanside Investors,LLc
Print Name Date
Date 6
2} Pritam Singh,Individually
Witness ntre �bothPumh_asers
Print Name_Y`(1C_�[�II r'1 ter 1110y) MONROE COUNTY ATTORNEY
Date A PRO ED AST F
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MA'ttLEENE W.CASSEL
ASSISTANT COUNTY ATTORN
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AMENDMENT 1 TO COMMERCIAL PURCHASE AND SALE AGREEMENT
THIS AMENDMENT to that certain Commercial Purchase and Sale Agreement dated August 20,
2014 is entered into on this 171h day of October, 2014, by and between BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,a political subdivision of the State of Florida ("Seller")
and Oceanside Investors, LLC, a Florida limited liability company and Pritam Singh, individually
("Purchaser"), for the purchase and sale of 5948 Peninsular Avenue, Stock Island, Florida 33040
("Property").
RECITALS
WHEREAS,the parties entered into a contract (the "Contract")for the purchase and sale of the
Property on August 20,2014("Effective Date");and
WHEREAS, the Contract requires the Purchaser to construct a boardwalk along the Western
edge of the Property for public access upon approval of an amendment to its Development Agreement
dated December 11, 2013 ("Development Agreement"), by and between, amongst other parties, Seller
and Oceanside Investors, LLC, and obtaining an amendment to Purchaser Oceanside Investors, LLC's
Major Conditional Use Approval granted pursuant to Monroe County Planning Commission Resolution
PO4-14("Major Conditional Use");and
WHEREAS,the amendments to the Development Agreement and Major Conditional Use cannot
be finalized and approved until the Board of County Commissioner's County Commission meeting which
is set to be held on December 10,2014;and
NOW, THEREFORE, in consideration of the covenants and promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller
and Purchaser hereby agree:
1. Recitals. The Recitals contained herein are true and correct.
2. Extension of Closing Date. Purchaser and Seller agree to extend the closing date until on or
before December 11,2014.
3. Counterparts. This Addendum may be executed in counterparts.
[REMAINDER OF PAGE INTENTIONALLY BLANK.SIGNATURE PAGE TO FOLLOW.]
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WHEREOF,the parties hereto have set their hands and seals the day and year first above
wrlttef wz
LI BOARD OF COUNTY COMMISSIONERS
ST.A VILIN,CLERK OF MON COU ORID
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erk Mayo Chai person
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WITNESS FOR PURCHASER PURCHAS R
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Witn signature as to both Purchasers Pritam Singh,Manager ceanside Investors,LLC
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Print Name Date fir OV —1c► .3-oJ
Date :"" w
f --_Pritam Singh, Indivi yv f
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fitness slg ature as to both Purchasers
""� MONROE'COUNTY ATTORNEY
Print Name��SS/��- /""cy2���. gPPROV.EDAS TO
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Date N,4T11 EENE W. CASSEt
ASSISTANT COUNTY ATTORNEY
Date
NOTARtZA'TION-PURCHASER
STATE OF FLORIDA)
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me thisday of N2fl14,
by Pritam Singh, individually and as Manager of O eanside Investors, LLC, a Florida limited liability
company.He Is person ily known to me.
Commission No. l
My Commission Expir
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