1st Amendment 04/19/2023 GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: August 3, 2023
TO: Dina Gambuzza
Property Specialist
FROM: Liz Yongue, D.C.
SUBJECT: December 7, 2022 and April 19, 2023 BOCC Meetings
Enclosed are the executed Purchase Agreement, Restrictive Covenant and Warranty Deed
which have been added to the record, authorized by the following Item from the December 7,
2022 BOCC Meeting:
E2 Resolution 517-2022 granting approval of a Purchase Agreement of property pending
final DEO approval, funded by the Community Development Block Grant-Disaster Recovery
(CDBG-DR) Voluntary Home Buyout Program (VHBO) in the amount of$174,000.00,
execution of a restrictive covenant running with the land, and moving one (1) Market Rate - Rate
of Growth Ordinance (ROGO) Exemption from the acquired property to the Administrative
Relief pool for market rate allocation(s).
Additionally, the following Item from the April 19, 2023 BOCC Meeting has been
executed and added to the record.
F3 1st Amendment for extension of Purchase Agreement of property, funded by the
Community Development Block Grant-Disaster Recovery (CDBG-DR) Voluntary Home Buyout
Program (VHBP) in the amount of$174,000.00.
The originals will be forwarded to the Property Clerk for inclusion in their file. Should
you have any questions please feel free to contact me at(305) 292-3550.
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AMENDMENT ONE TO AGREEMENT FOR PURCHASE
BETWEEN MONROE COUNTY("BUYER")AND
THOMAS AND BILLIE S.NOREIKA("SELLER(S)")DATED DECEMBER 7,2022
This Amendment("Amendment One")is made and entered into this 19th day of April,2023 by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose post office
address is 1100 Simonton Street, Suite 205, Key West, Florida, 33040 (hereinafter referred to as
"Buyer"and Thomas and Billie S.Noreika(herein referred to as"Seller(s)");
WITNESSETH:
WHEREAS, the Agreement for Purchase ("AGREEMENT") between Buyer and Seller(s)
was entered into the 7th day of December 2022 with a deadline to close the transaction within 90
days, or by March 7,2023;and,
WHEREAS, Paragraph 3:3 of the Agreement states that the Seller(s) acknowledge that the
Agreement does not constitute a guarantee to the commitment of funds or site approval and that such
commitment of funds or approval is subject to conditions,including DEO approval; and,
WHEREAS,DEO originally approved the purchase on October 18,2022,prior to the Board
of County Commissioners approval of the Agreement on December 7,2022; and,
WHEREAS, a delay in processing of this Agreement arose during a DEO monitoring event
that took place in January and February 2023,such that the Agreement was not closed within 90 days
per Paragraph 7 of the Agreement; and,
WHEREAS,the Buyer and Seller(s)wish to extend the Agreement for an additional 90 days.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
AGREEMENT is amended as follows:
Section 1. Recitals and Legislative Intent. The Foregoing recitals, findings of fact, and
statements of legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. The AGREEMENT is amended as follows:
Paragraph 3.1 is stricken and replaced with the following:
Paragraph 3.1 —Contingencies. Seller(s) shall vacate the property within 180 days from the
date of this contract or by the vacancy inspection date,whichever is earlier. If Seller(s)does
not vacate the property,the Buyer shall have the right to void this contract,unless an extension
has been agreed upon, in writing, between Seller(s) and the Buyer. The Property shall be
delivered by Seller(s)at settlement/closing date free of any tenant(s)or occupant(s)and future
tenancies.
Paragraph 7 is stricken and replaced with the following:
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Paragraph 7 -Conveyance Date of Closing/Possession. Conveyance will be made subject to
all easements and covenants of record (provided they do not make the title unmarketable or
prohibits Buyer from its desired use of the property) and to all governmental statutes,
ordinances, rules, and regulations. The Seller(s)'s possession establishing evidence of title
including,but not limited to, abstracts,title commitments,title policies and opinions of title.
Seller(s) agrees to convey by marketable title with a general warranty deed, free of
encumbrances. The deed will be prepared by the Closing Attorney in the name of Monroe
County,FL,or as otherwise stipulated by Buyer,and delivered to stipulated place of closing.
Closing Attorney shall be authorized to disburse the sales proceeds at the time of settlement.
This transaction will be closed on or before 180 days of the signing of this contract unless an
extension has been agreed upon between Seller(s)and the Buyer.
The remainder of the terms and conditions of the AGREEMENT remain unchanged by this
Amendment,and continue in full force and effect.
IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be
executed by its duly authorized representative.
Seller/Thomas and Billie S.Noreika
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Signature Date Phone Number
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".,..i ti 0 ature Date Phone Number
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►t w• :MONROE COUNTY,FLORIDA
VIN MADOK,CPA,Clerk
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As Deputy Clerk Craig Cates,Mayor
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;..) 3 >: MONROE COUNTY ATTORNEY
Li j ze APPROVED AS TO FORM
GD `-' KELLY D GAN
„� w, ASSISTANT COUNTY
• = ATTORNEY
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