07/20/2005 Addendum 2
ADDENDUM NO.2 TO AGREEMENT FOR THE PURCHASE OF LANDS
This Addendum No.2 is made and entered into this 24th day of June, 2005, by and
between Rockland Investment Corporation, Inc., ("Seller") and Monroe County
("County") acting by and through its Chairman/Mayor of the Monroe County Board of
County Commissioners.
WITNESSETH:
WHEREAS, the parties entered into an Agreement for the Purchase of Lands
("Agreement") on March 16,2005; and
WHEREAS, certain terms were provided by memo and others were omitted from
the Agreement; and
WHEREAS, the closing date was to be June 16, 2005 which date has been
extended by the parties; and
WHEREAS, Seller is in the process of platting and improving a parcel of real
property for an industrial park, which process is not complete; and
WHEREAS, the Agreement is for the conveyance of a portion of the parcel (the
"Property") to be platted; and
WHEREAS, the improvements to be completed by the Seller as part of the
platting process have not been completed; and
WHEREAS, the parties desire to set forth their intentions 10 writing to
supplement the terms and conditions ofthe Agreement;
NOW, THEREFORE, the parties agree as follows:
1. The closing date for the conveyance of the Property is extended until June 30,2005.
2. A non-exclusive easement shall be granted by Seller to County, its guests and invitees,
granting acccss to the Propcrty ovcr Seller's roadway in perpetuity or until such time as
the roan is nenicaten to Monroe County at the time of closing.
....,
3. Seller shall provide the following infrastructure:
a. Paving of the access road from US Highway 1 to County's property according
to Monroe County engineering standards.
b. Installation of new underground electric and communication ducts approved by
Keys Energy, Bellsouth Communications and Comcast Cable providers or their
assigns to County's property.
c. Installation of new drainage swales according to Monroe County standards
along the roadway.
d. Installation of water lines to the boundary of County's property.
4. Seller plans ,to apportion infrastructure costs among the property owners purchasing
before and after the platting process. County has agreed to pay a share of the
infrastructure costs according to the Agreement in an amount not to exceed One Hundred
Sixty-five Thousand and No/OO Dollars ($165,000.00). This amount shall be carried over
as a line item in County's budget to be paid when the infrastructure work has been
completed.
5. Payments made pursuant to Paragraph 4 shall be made to Seller by County after plat
approval, submission of a proper invoice, and documentation by the applicable agencies
of the acceptance of the work.
6. Seller shall complete all infrastructure to the County's property within two years. After
that time, County may elect to provide the requisite infrastructure to the boundary of the
Property. If the County so elects, the County shall pay Seller for the infrastructure
completed by Seller, and Seller shall agree to terminate this agreement with respect to
infrastructure costs.
7. The parties agree and understand that this addendum is for the purpose of providing
additional terms to the Agreement and clarifying existing terms of the Agreement, and
the provisions herein shall survive the conveyance of the Property.
IN WITNESS WHEREOF, the parties have executed this Addendum No.2 on the day
and year first above written.
SELLER
~.L<t:.jA.J)^-,p ..
By: SLA3CLn (~PP)V M,S',
Print Name and Title U '
-:"" ~
0 rJ1
:z:: ~ ,,',
"..-
::On :E: 1: '''''1
Or-2:
"':;:t:;-< :':':::1
n. r- I'\) ""'r1
on. en 0
C::::i;::s;: -q,"""'l'
z. <:) =: ~.....,
-tC")r- :;0
:<~:r r-l
""T1. )> ro CJ
r- C":! - a
l> fT'j en ~.'--
\0 ~..~
For: Rockland Investment Corporation, Inc.
{:~,;"
-' :~L:~~Q~HAGE, CLERK
"'": . (.' ~~~.~',:",'-~'
MONROE COUNTY
Di ie M. Speliar, C airman/Mayor
Monroe County Board of
County Commissioners
F:VK\KEMP\ROCKLAND\Sale to Monroe County\addendum No. 2(final).doc
Date_
UZANNE A. HUTTON
ISTANT~)'lgrORNEY
This instrument prepared by or under
the supervision of:
Name:
Address:
Judith Kenney, Attorney
Judith Kenney & Associates, P.A.
777 Brickell Avenue, Suite 1070
Miami, Florida 33131
(Space reserved for Clerk of Court)
EASEMENT AGREEMENT
THIS AGREEMENT is made this 24th day of June,
between ROCKLAND INVESTMENT CORPORATION; INC.,
corporation ("Rockland") and Monroe County,
subdivision of the State of Florida (the "County").
2005 by and
a Florida
a political
1. In consideration of the covenants and promises
contained herein and as additional consideration for the transfer
by Warranty Deed from Rockland to the County of the parcels of
land legally described in Exhibit A-2 hereto, Rockland hereby
grants and conveys to the County, its successors and assigns,
guests and invitees a non-exclusive easement as drawn on Exhibit
A-I hereto (the "Easement"), not to exceed 50 feet in width, in
perpetuity for access, ingress and egress purposes over and across
the road area, as same may be placed by Rockland from time to
time. Said Easement may be used for access, ingress and egress
and placement of utilities, including, but not limited to, water,
electrici ty, telephone and cable to the property described on
Exhibit A-2.
2. This grant of Easement will run with the land and will
be binding on and will inure to the benefit of the parties hereto.
This Easement may be moved from time to time by Rockland and shall
revert to Rockland when no longer needed for access to the
County's property or if the County's property is purchased by any
contiguous property owner or any entity that is owned, controlled
or under common control with the contiguous property owner. The
Easement consists of a gravel road. The portion of the Easement
that runs north-south on the west side of Tracts 5, 13 and 20 as
shown on the drawing attached as Exhibit A-I shall be completed by
Rockland within six months from the date of this agreement.
3. Rockland, for itself, its successors and assigns,
retains the right to use the Easement area for any use not
inconsistent with the grant; provided, however, without limiting
the foregoing, that Rockland shall not diminish or limit County's
access to said Easement for County's use as described above.
- 1 -
4. All notices, elections, demands, requests and other
communications hereunder shall be in writing, signed by the party
making the same and shall be sent by certified or registered
United States mail postage prepaid, addressed as follows:
To the County
Monroe County
1100 Simonton Street
Key West, FL 33040
To Rockland
Rockland Investment Corporation
121 U.S. Highway One, Suite 103
Key West, Florida 33040
or at such other address as may hereafter be designated in writing
by either party hereto
WITNESS our hands and seals this 24th day of June, 2005.
WITNESSES:
MONROE COUNTY
Sign Name:~C. ~~
Print Name: 1sabe.1 c., O!..5a.-nfis
By
~~, lz; ~
MA 0 DIXIE M. SP R
~~r~/~~~'~~ t~~~
ROCKLAND INVESTMENT
CORPORATION, INC.
a Florida corporation
Sign Name: 4t c4J
Print Name: ~"-f't:- c.d ;1-- ~ &Yr' r
~~r~t N~:~ Q_~.~ i~Jr
By~:~;~du
SUSAN J. ~MP, Pr 'ident
:;;:
o '.
::z: :r>
;0 ;;c
op~
"';J;;-<
..=>
WI
f=
;-"i'"
'::::J
-'1
o
;:0
::u
r11
c-)
,=--,
7:;
> .~
- 2 -
STATE OF FLORIDA
COUNTY OF MONROE
(}f The,.foregoing instrument was acknowledged before me this Z.~
day ofJ~, 2005, by O/Xlc Ai. $,..1....... , on
behalf of Monroe County, who is personally known to me~
PbQQycgd ~Q
i,QQRtifio.::lti0ot'l.
~
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ~4~
day of June, 2005, by SUSAN KEMP as President of ROCKLAND
INVESTMENT CORPORATION, INC., who is personally known to ~/has
produced as identification.
~ U/",,,r; N7:" /
Notar~~1
My Commission Expires:
~ a\. A11cla Rodriguez
. J . My CommiSSion 00077877
'\'1'".1 ExpireS December 12. 2005
F:\JK\KEMP\ROCKLAND\Sale to Monroe County\EASEMENT.AGR(final) .doc
- 3 -
, mOd
%L.6
09Pv 96G S0f:
90:cl S00c-90-Cfdt
APR-86-2ess 99:27 P" TRI-COU~
SURVEY
941 627 44Jt83
p.e'"
Exhibit
A-1
r? x = Easement
, !/
I ,--),
I ,---{ t
f '\
I
I ,.
,
( ~ ~
..or
I 3::1
I I
\ E-o'
" ~I I
"" 1V='
~ o " ;
-.. ~ J I
, I
I .;r:.r
i I
,
i
I ~~
~Il
I ~ -Ii
ti~
~-e J~
. ~
I :t: "~L 'A~ i~
AI'<IA TleACT .
-
..u..
-
.....-
----- -- - -- .~-~~~~~~~~~~~~~ :~--.-.:---.:::~~-
----~.--. r-:(-i~-
_--~------ {' ~--; I
.----.- /. t.__~ I
~..---- '-1-~-' I ~--1 :
, , ., '~I
r\ ! f'-; ~~i I
". ,1 i \ ~ t t~1 :
'._____J I I f IT" ~f'1 Ie
, . : .. ~.I1 0
· : '1. I'
: I': r ,
; i · I ~--J .
: I I t ~t..-.J I
J/~------ct~-~:n \ \
" r:,:fII'\---.. J i ...\. .
f'()' , !~ 0\ .,,~..." \ I.
~ ~,..., ~..
.../ ;,.,? 0 ;
-.~..:::..,.-, \ I
- 6~ar :I 01' -4 .
I
I
I
...- ----.-.-i. ;'-~'~-'-I;:";;-;~ - --."
..L---.--
7!f....::., ~.
DESCRIPTION:
EXHIBIT A-2
LEGAL DESCRIPTION
Property conveyed from Rockland to Monroe County
PARCEL "A"
A parcel of land lying in and being a part of Government Lot No.
7, Section 21, Township 67 South, Range 26 East, Rockland Key,
Monroe County, Florida (also to be known as Tract 4 of the
future map or plat entitled "Rockland Key Commerce Center" at
the time of recordation) and said parcel being more particularly
described as follows:
Commencing at the Southwest corner of the map or
plat entitled "Rockland Village" as recorded in Plat
Book 4, Page 133, of the Public Records of Monroe
County, Florida; thence North, along the Westerly
limits of the said "Rockland Village", a distance of
2 9 . 3 0 feet to a point; thence West, leaving the said
Westerly limits, a distance of 1840.50 feet to the
Northwest corner of lands described in Official
Records Book 373, Page (s) 112 and 113 of the said
Public Records of Monroe County, Florida; thence
continuing West, a distance of 932.99 feet to a point
hereinafter to be known as the "Point of Beginning";
thence continuing West, a distance of 173.11 feet to a
point; thence North, a distance of 340.74 feet to a
point; thence East, a distance of 173.11 feet to a
point; thence South, a distance of 340.74 feet back to
the "Point of Beginning".
Containing 58,966 square feet or 1.394 acres more or less.
DESCRIPTION:
PARCEL "B"
A parcel of land lying in and being a part of Government Lot No.
7, Section 21, Township 67 South, Range 26 East, Rockland Key,
Monroe County, Florida (also to be known as Tract 5 of the
future map or plat entitled "Rockland Key Commerce Center" at
the time of recordation) and said parcel being more particularly
described as follows:
Commencing at the Southwest corner of the map or
plat entitled "Rockland Village" as recorded in Plat
Book 4, Page 133, of the Public Records of Monroe
County, Florida; thence North, along the Westerly
limits of the said "Rockland Village", a distance of
2 9 . 3 0 feet to a point; thence West, leaving the said
WesLe.r.ly llllllLH, Cl. distance of 1840.50 feet to the
Northwest corner of lands described in Official
Records Book 373, Page (s) 112 and 113 of the said
Public Records of Monroe County, Florida; thence
continuing West, a distance of 932.99 feet to a point;
thence North, a distance of 340.74 feet to a point
hereinafter to be known as the "Point of Beginning";
thence continuing North, a distance of 161.93 feet to
a point; thence West, a distance of 173.11 feet to a
point; thence South, a distance of 161.93 feet to a
point; thence East, a distance of 173.11 feet back to
the "Point of Beginning".
Containing 28,032 square feet or 0.644 acres more or less.
DESCRIPTION: PARCEL "C"
A parcel of land lying in and being a part of Government Lot No.
7, Section 21, Township 67 South, Range 26 East, Rockland Key,
Monroe County, Florida (also to be known as Tract 13 of the
future map or plat entitled "Rockland Key Commerce Center" at
the time of recordation) and said parcel being more particularly
described as follows:
Commencing at the Southwest corner of the map or plat
entitled "Rockland Village" as recorded in Plat Book
4, Page 133, of the Public Records of Monroe County,
Florida; thence North, along the Westerly limits of
the said "Rockland Village", a distance of 29.30 feet
to a point; thence West, leaving the said Westerly
limits, a distance of 1840.50 feet to the Northwest
corner of lands described in Official Records Book
373, Page(s) 112 and 113 of the said Public Records of
Monroe County, Florida; thence continuing West, a
distance of 932.99 feet to a point; thence North, a
distance of 502.67 feet to a point hereinafter to be
known as the "Point of Beginning"; thence East a
distance of 110.00 feet to a point; thence North, a
distance of 104.12 feet to a point; thence West, a
distance of 283.11 feet to a point; thence South, a
dioti:l.ncc of 104.12 feet to a point, thence East, a
distance of 173.11 feet back to the "Point of
Beginning".
Containing 29,477 square feet or 0.G77 acres more or less.
DESCRIPTION: PARCEL "D"
A parcel of land lying in and being a part of Government Lot No.
7, Section 21, Township 67 South, Range 26 East, Rockland Key,
Monroe County, Florida {also to be known as Tract 20 of the
future map or plat entitled "Rockland Key Commerce Center" at
the time of recordation} and said parcel being more particularly
described as follows:
Commencing at the Southwest corner of the map or plat
entitled "Rockland Village" as recorded in Plat Book
4, page 133, of the Public Records of Monroe County,
Florida; thence North, along the Westerly limits of
the said "Rockland Village", a distance of 29.30 feet
to a point; thence West, leaving the said Westerly
limits, a distance of 1840.50 feet to the Northwest
corner of lands described in Official Records Book
373, page{s) 112 and 113 of the said Public Records of
Monroe County, Florida; thence continuing West, a
distance of 932.99 feet to a point; thence North, a
distance of 502.67 feet to a point; thence East, a
distance of 110.00 feet to a point; thence North, a
distance of 104.12 feet to a point hereinafter to be
known as the "Point of Beginning"; thence continuing
North, a distance of 104.12 feet to a point; thence
West, a distance of 283.11 feet to a point; thence
South, a distance of 104.12 feet to a point; thence
East, a distance of 283.11 feet back to the "Point of
Beginning".
Containing 29,477 square feet or 0.677 acres more or less.
F:\JK\KEMP\ROCKLAND\Sale to Monroe County\LEGAL DESCRIPTION.doc