Item R09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2003
Division:
BOCC
Bulk Item: Yes
No X
Department: DISTRICT 5
AGENDA ITEM WORDING: Discussion of timelines for the purchase of the Quay property for
the site of a Key Largo Community Center.
ITEM BACKGROUND: Based on delays caused by appeals and future appeals, the May 19, 2003
date to purchase the Quay property cannot be completed. This has caused the applicant to request an
additional 180 days to meet all future appeals and provide for a closing date. An extension of this
contract was presented to the BOCC at a special meeting held on May 12 in Key West.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
To Follow_
Not Required
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #-47
May-07-03 04:03P N;cholas w. Mul;ck~ Esq. 305 852 8848
P.Ol
A1TORNf,Ys...r LAW
.JAy A. H~:ItSHOf'F
.IAM~!I S. LvPlNO
NICllOLAS W, MuucK
KI,lK1' A, VON (k'N11!N
JDSSICA lWnlENDllRIJ
MII."MP.LLll D. Y.uu.:HULA
RUSSliLL A. Y /\Gill
Law Offices
Hershoff, Lupino "'.. Mulick, L.L.P,
90nO 01.0 HloHWA\'
"l'AvIiRNIl!l\, FU,IRIllA 33070
(305) 8S2.8440 . (305) 852-8848 FAX
LANP US!! COOIIJJIHA'IOll
PIlTER D. "8AC1U!LEP.
OF CutJNSI!L
]. ALLI50~ Iw.FllOII., 11
May 7, 2003
Mark Rosch, Director
Monroe County Land Authority
1200 Tnunan Avenue, Suite 207
Key West, Florida 33040
Rc: Key Largo Quay Property Purchase & Sale Agreement
Via facsimile 305-295-5181
Dear Mark:
Thank you for your letter of April 28, 2003 regarding the above-referenced malter.
As you point out, the contract affords either party the right to terminate the contract by
giving notice to the other party no later than May 19,2003. Since the Estate of Gus Boulis
has not finalized the issuance of building permits for completion of the conference center
nextLO the Key Largo Marriott (a prerequisite for its sale of The Quay to the County) it is
requesting that the County agree to extend the contract by an additional 180 days to
complete the permitting process and providing both the County and Estate the right to
terminate the Agreement as provided in the amendment. I have enclosed a copy of the
proposed Amendment to the Agreement to that effect executed by my client. Please arrange
to have the appropriate representative of Monroe County execute the Amendment and
return same to me at your earliest convenience.
Please contact me should you have any questions regarding this matter. Thank you for your
kind cooperation.
Very truly yours,
l-lERSHOFF, LUPINO & MUUCK, UP
Enclosure
cc: Chris Economos, via facsimile 954-922-7181
Larry R. Erskine, Esq., via facsimile 305-872-4822
James Roberts, County Administrator, via facsimile 305-292-4544
Commissioner Murray Nelson, via facsimile 305-852-7162
May-07-03 04:03P N;cholas W. Mul;ck, Esq. 305 B52 BB4B
P,.02
AMENDMENT TO AGR~~EMENT FOR THE PURCHASE OF LANDS
This Amendment tu Agreement for the Purchase of Land!> (the "Amendment") is
made and entered into as of the _.'_ day of May 2003 (the "Effective Date"), by and
between the Estate ofKonstanlinos lloulis a/k1a Gus Boulis (hereinafter referred to as the
"ScHer"), and M<mroe County (hereinattcr referred to as the "County"), acting by and
through [he Chairman/Mayor of the Monroe County Board of the County
Commissioners.
WITNESSETH:
WHEREAS, the Cuunty and Sellcr entered into that Agreement for lhe Purchase
of L.'illds (the "Agreemenl"), dated November 20, 2002; and
WHEREAS, the Seller and the County have continually and actively undertaken
their re!';peetive analysis, investigations and Due Diligence as provided pursuant to the
terms of the Agreement; and
WHEREAS, even after actively undertaking and pursuing its research and
investigation, Seller has detennined that an additional onew-hundred eighty (1 RO) days is
required; and
WHEREAS, Seller and County agree that the time for the Seller and/or the
County to terminate the Agreement shan be extended for an additional term of one.
hundred eighty (180) days from May 19, 2003 on terms and conditions as hereinafter set
forth.
NOW TllEREFQR, in consideration of mutual promises and other good and
valuable cOl1siderd.tion, the receipt and liufficiency of which is hereby aeknowledgtld, the
County and Seller agree as follows:
1. The foregoing Recitals are true and correct and arc hereby incorporated
inlO this Amendment.
2. Section 15 of the Agreement is modified to provide that the time for the
County to undertake Due lJiligence and tennmate the Agreement, shall be
extended for an equal number of days as provided to Seller in the
following parawaph.
3. Paragraph 16 of the Agreement is modified to provide that the Seller's
right to terminate the Agreement shall be extended tor an additional one
hundred eighty (180) days from May 19, 2003.
4. Paragraph 17 of the Agreement is confirmed so that if neither the County
nor the Seller have exercised their rights to terminate the Agreement, as
extended by this amendment, the Closing will occur within fifteen (15)
May-07-03 04:03P Nicholas W. Mulick, Esq. 305 B52 BB4B
P.D3
business days after the expiration of the County's and the Seller's rights to
terminate this Agreement, as extended by this Amendment.
5. Except as modified herein, all other terms and conditions of the
Agreement continue in full force and effect and are ratified in all respects.
TN WITNESS WHEREOf'. the parties hereto have caused this Amendment to be
duly execuled and delivered as of the day and year first above written.
ESTATE OF KONSTANTlNOS BOULlS, a/k/a Gus Boulis
By:
Chris A. Economou as a and on behalf of
the Personal Representatives
Monroe County Board of County Commissioners, acting by and through its
Chairman/Mayor has executed this Amendment on behalf of Monroe County as of the
. day of May 2003.
MONROE COUNTY CHAJRMAN/MA YOR
Monroe County Board of County Commiss ioncrs
Attest:
Approved as legal sufficient as to its legal
sutl1ciency
Danny Kolhage, Clerk
By:
Deputy Clerk
By:
Name:
Title: County Attorney
.
"""'...._" ,;
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVIlNLlc, SU!T~ 207 · KEY WEST, FLORIDA ~3040
l'HONIi (305) 295.5180 · FAX (305) 295-5181
April 28, 2003
Mr. Robert Gallagher, Jr., Esquire
Stearns Weaver, PA
Museum Tower, Suite 220
150 West Flagler Street
Miami, FL 33130
Re: Estate of Gus Boulis to Monroe County
The Quay Restaurant Property, Key Largo
Dear Mr. Gallagher:
ThiS letter shall confirm the timeline for the above referenced transaction.
The effective date of the purchase agreement is November 20, 2002 (Paragraph 10). 80th parties
mad a 120-day due diligence period through March 20. 2003 (Paragraphs 11 and 16). The Seller
e)(ercised Seller's right to extend the due diligence period for an additional 60 days through May 19,
2003 (Paragraph 16). Provided neither party exercises their rights to terminate the agreement on or
before May 19, the closing shall occur on or before June 10, 2003 (Paragraph 17).
!Please contact me in the event you are not in agreement with the above timeline.
slncereIY'~
~~ ~OSCh
ExeGutive Director
I~C: Nicholas Mulick, Esquire
Chris A. Economou, Co-Curator
Larry Erskine, Esquire
James Roberts, County Administrator
GO"d vOO"ON vO:ll
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181S-S6G-SO~:GI
A1I~OHlntl GNtll "J"W