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2nd Amendment 10/15/2003 Cle" 0111le Circul coun Danny L. Kolhage Phone: 305-292-3550 Fax: 305-295-3663 Memorandum To: Mark Rosch, Executive Director Monroe County Land Authority Isabel C. DeSantis" ~ Deputy Clerk )J/ From: Date: Tuesday, October 28, 2003 At the Board meeting on October 15, 2003, the Board approved the following: Second Amendment to Agreement for the Purchase of Lands concerning the Quay property. Enclosed is a duplicate original ofthe subject document for your handling. Should you have any questions concerning this matter, please feel free to contact this office. Copies: Finance County Attorney File/ SECOND AMENDMENT TO AGREEMENT FOR THE PURCHASE OF LANDS This Second Amendment to Agreement for the Purchase of Land (the "Second Amendment") is made and entered into as of the /S~h day of October, 2003 (the "Effective Date"), by and between the Estate ofKonstantinos Boulis alkla 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, the County and the Seller entered into that Amendment for Agreement for the Purchase of Lands (the "Amendment") as of the 1ih day of May, 2003; and WHEREAS, even after continually and 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 (the County to terminate the Agreement shall be extended for an additional term of one hundred eighty (180) days from November 15, 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, as modified by the Amendment, is further 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, as modified by the Amendment, is further modified to provide that the Seller's right to terminate the Agreement shall be extended for an additional one hundred eighty (180) days from November 15,2003. 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 Second 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 Second Amendment. 5. Except as modified herein, all other terms and conditions ofthe 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 as oaf and year first above written. TINOS BOULIS, a/k1a 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 J5'*.!tday of October 2003. ~~ >n ~.'-V MONROECOUNTYCHAllUMAN~AYOR 1 J . , ; I. Monroe County Board of County Commissioners Approved as legal sufficient as to its legal sufficiency nf " ~ L). --- . B~ BY:~aL.JC. &JjJMliW N~e~l1 Deputy Clerk Title:(County Attorney ~ , G:\W-REG\04593\OOIC\AMENDMENT TO AGT V2.DOC