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Item O14 ADD - ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Or.t. Jh-17. ?OO? Division: BOCC Meeting Date: Bulk Item: No x Department: DiRtrir.t Fivp. AGENDA ITEM WORDING: Approval to repeal the quick-take Resolution#354-2002 to purchase the Quay property located in Key Largo that was approved by the BOCC on Sept. 11, 2002. ITEM BACKGROUND: The process of quick-take to secure property for the County is only necessary when dealing with an unwilling seller or if the terms of the contract cannot be mutually agreed to. The entire BOCC is opposed to enacting this process unless no alternatives are available. There is now a willing seller and a method to resolve the issue of the transferable building rights to the Marriott Hotel. Based on these recent developments, it is in the best interest of Monroe County and the sellers to repeal the quick-take process initiated on Sept. 11, 2002. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Attorney OMB/Purchasing Risk Mgt. DIVISION DIRECTOR APPROVAL. ~ L r~ MDRkAY E. NELSON, Commissioner DOCUMENTATION: Included: x To Follow: Not Required: DISPOSITION: AGENDA ITEM # (J.lt OCT-15-02 11,22 FROM,MONROE COUNTY ATTY OFFICE ID,3052823518 PAGE 1/1 COMMISSIONER MURRAY E. NELSON RESOLUTION NO. -2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REPEALING RESOLUTION NO. 354-2002 AUTHORIZING THE CONDEMNATION OF THE QUAY PROPERTY ON KEY LARGO FOR MONROE COUNTY OFFICES WHEREAS. the owners of the Quay property on Key Largo and Monroe County staff have reached a negotiated price for the property; and WHEREAS, a negotiated acquisition of the Quay property by Monroe County for County offices means that condemnation of the property is no longer necessary; and WHEREAS. it is desired to repeal Resolution 354.2002 which authorized condemnation of the Quay property; now. therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FWRIDA: Section 1: Resolution No. 354-2002 is hereby repealed. PASSED AND ADOPTED by the Board of COUllty Commissioners of Monroe County. Florida, at a meeting of said Board held on the 16th day of October, A.D.. 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie M. Spehar Commissioner George Neugent Commissioner Bert Jiminez Commissioner Murray E. Nelson (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chainnan OCT-15-02 11:16 FROM:MONROE COUNTY ATTY OFFICE 10,3052823516 PAGE 2/2 EO FOR R~CORO Board of County Commissioners .; D02 SfP 13 A~ 8~ l3~t;owno.. NO. 35.tf - ~Q~ ..:A RMA~WtA6'F THE BOARD OF COUNTY COMMISSIONERS OF ." MOMMii'c_,,~ FLORIDA AUTHORIZING THE use OF THE . . STATUTORY QUICK TAKE CONDEMNAnON OF PROPERTY PRO~DURE OF CHAPTER 74, FLORIDA STATUTES FOR THE QUAY PROPERTY IN KEY LARGO WHERi:AS, the CItizens of the Upper Keys need, and deserve to have avaUable to .serve them, a County office buUding'located on Key largo; and WHEREAS, the 8DCC hereby determines that the Quay sIte on Key Largo is appropriate for a County office bUilding and that the taking of the site bV the eminent 'domain procedure of Chapters 74 and 127, FS, will serv~ a County purpose; now, therefore BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, FLORIDA: Section 1. COunty staff is hereby directed to negotiate purchase of the Quay site at a price not to exceed $1,840,000, and If acceptable terms have not been agreed within 15 days hence, to Proceed pursuant to Chapter 74, FS, Proceeding Supplemental to Eminent Domain, to obtafn title and possession to the Quay property, Key largo, as expeditiously as possible. Section 2. The Clerk is authorized to pay into the registry of the Court a pre-final judgment amount equal to $1,840,000; the highest appraisal for the property obtaln~ by the Land Authority Or such amount that the Court may order. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special me~ng of saId Board held on the 11th day of September, 2002. ~ 3:. ~ '"Tl o c ~ r %> Co/? fT1 ~nf rr1 C l'Tl~......: -0 .." n' r- OC"')- W 0 C:-::x, :A:J zro 0 '"'0 :;Q -t C")r- :J; f"T1 ;<:--e:J: n BOARD OF COUNlY COM" NSfs ~ c Mayor: airperson ~ R~ Dt%Tf 2-/2 :Q.. ;.? ves y~ yes yes no JdresQuay FRoM : FAX NO. : Oct. 14 2002 12:59PM Pi ESTATE OF KONSTANTINOS BOULlS 645 E. Dania Beach Boulevard Dania Beach, Florida 33004 October 14.2002 VIA TELECOPlER 305/852-7162 County Commissioner Murray E. Nelson Damaron Building, Suite 2 Key Larg03 Florida 33037 Re: Proposed sale of Quay Restaurant Property by The Estate of KonstantiDos Boulis (the 'CSstatej to Monroe County~ Florida (the '.CountY') Dear Commissioner Netsott: This letter has as its purpose to advise yoU that thB .Estate is willing to sell the Quay Restaurant Property to the County and to immediately enter into a comract with the County (the "Contract'') which would be snbjed: to the approval oft:he Probats Diwion of the Bmwud County Circuit Court (File No. 2001-882), the COUIthaWlg jurisdiaion in the &tats and which Contra~ in addititG to such terms and conditions as are 11'Iutoally agrellRble, will cnnt:Rln the fbUcwini spllCific termS and. conditions: 1. The Contract will reflect a purehase price ofSl,SOO,OOO.OO. 2. The Contract will be S\.lbject to the 1:lan$fer from the Quay Restaurant Property to the Marriott Key Latgo/Taylor Point propaty (which, parcels will be constituted as an h1divisibla building site by virtue of a recorded uJrlty of title) of 4000 square feet of development rights. 3. The closing of the COllttact is subject to the issuance to Taylor Point Development COIp. and Twin Harbors. mc... both Florida corporations. of a flna1, non-appealable building 'Pemrir. for 1he completion of me construction. of the conference incorporating the trmsf'erred 4.000 square fast. The Contract is being prepued and will be availa.bla prior to weekend. Please call with any questions. Yours truly, ESTATE OF KONST ANTINOS BOULJS lly' ----<:~ Joen Wagner CuratOI'