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1st Amendment 05/12/2003 BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: May 20, 2003 TO: James Roberts County Administrator ATTN: Debbie Frederick, Aide to County Administrator Pamela G. Hancoh Deputy Clerk 0 FROM: At the May 12, 2003, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Amendment to Agreement for the Purchase of Lands between Monroe County and the Estate ofKonstantinos Boulis a/k/a Gus Boulis. Enclosed is a certified copy of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Land Authority Finance File ./ Law Offices 1 6 2003 ArrORNEYS AT LAW JAY A. HERsHOFF JAMES S. LUPINO NICHOLAS W. MULIcK KURT A. VON GoNTEN JESSICA ROTHENBERG MICHELLE D. YANCHULA RUSSELL A. YAGEL LAND USE COORDINATOR PETER D. BACHELER OF COUNSEL J. ALLISON DEFooR. II May 14,2003 Mark Rosch, Director Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, Florida 33040 Via facsimile 305-295-5181 Re: Key Largo Quay Property Purchase & Sale Agreement Dear Mark: Enclosed is the original Amendment to the aforementioned Contract with my client's original signature thereon. Please have the Agreement signed by the appropriate representative of Monroe County and forward a copy of same to me at your earliest convenience. Thank you for your kind cooperation. Very truly yours, HERSHOFF, LUPINO & MULICK, LLP NM/lc 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 AMENDMENT TO AGREEMENT FOR THE PURCHASE OF LANDS This Amendment to Agreement for the Purchase of Lands (the "Amendment") is made and entered into as of the 12th day of May 2003 (the "Effective Date"), by and between the Estate of Konstantinos Boulis a/kIa Gus Boulis (hereinafter referred to as the "Seller"), and Monroe County (hereinafter referred to as the "County"), acting by and through the Chairman/Mayor of the Monroe County Board of the County Commissioners. WITNESSETH: WHEREAS, the County and Seller entered into that Agreement for the Purchase of Lands (the "Agreement"), dated November 20,2002; and WHEREAS, the Seller and the County have continually and actively undertaken their respective 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 determined that an additional one-hundred eighty (180) days is required; and WHEREAS, Seller and County agree that the time for the Seller and/or the County to terminate the Agreement shall 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 THEREFOR, in consideration of mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Seller agree as follows: 1. The foregoing Recitals are true and correct and are hereby incorporated into this Amendment. 2. Section 15 of the Agreement is modified to provide that the time for the County to undertake Due Diligence and terminate the Agreement, shall be extended for an equal number of days as provided to Seller in the following paragraph. 3. Paragraph 16 of the Agreement is modified to provide that the Seller's right to terminate the Agreement shall be extended for 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) 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. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered as of the day and year first above written. :~:OS BOULlS, aIkIa Gus Boulis Chris A. Economou as a and on behalf of the Personal Representatives Monroe County Board of County Commissioners, acting by and through its ChairmanlMayor has executed this Amendment on behalf of Monroe County as of the 12th day of May 2003. .i)~ >n ~ MONROE COUNTY CHAIRMAN/MAYOR /.::;1Jf~,;:;~6t:~~. ~C;::.:<;.i'>'>(--~~';;' /~{:;;>::? ~ c;~~;\, ,,' c ,i,\~- p' ," fi} <<;,;~~~\,..;i.r :) Approved as legal sufficient as to its _;~;, ,,'_.:.-'>~ ~;:..'. .... . sufficiency . .. ~j(K~ge, Clerk . __ < ~ ~_ " '~~-'--" ~' t1 I / ~~~le : ....,,"'" ~ Title: County Attorney, A&.s+. eputy Cle Monroe County Board of County Commissioners legal !"-..) 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