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1st Amendment 04/21/2004 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April 30, 2004 TO: James Roberts County Administrator FROM: Debbie Frederick, Aide to County Administrator Pamela G. Hanr4 Deputy Clerk CY ATTN: At the April 21, 2004, Board of County Commissioners meeting the Board granted approval and authorized execution of the First Amendment to Agreement of Purchase and Sale between Monroe County and Beal Bank, S.S.B. for the D & J Industries building on Big Pine Key. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File / FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE THIS FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE (this "Amendment") is dated effective as of April 5, 2004 and is entered into by and between BEAL BANK, S.S.B., a state savings bank organized under the laws of the State of Texas ("Seller"), as seller, and Monroe County Board of County Commissioners of Monroe County, Florida, a political subdivision of the state of Florida ("Buyer"), as buyer. RECIT ALS A. Buyer and Seller executed that certain Agreement of Purchase and Sale, dated February 18, 2004 (the "Agreement"), concerning the purchase and sale of that certain real property situated in Big Pine Key, Monroe County, Florida, as more particularly described in the Agreement (the "Property"). B. herein. The parties wish to amend the Agreement in accordance with the terms contained C. All capitalized terms used herein but not defined herein shall have the same meaning as is set forth in the Agreement for such terms. AGREEMENT 1. Conditions Period. Amending Section 2.1 of the Agreement, the Conditions Period shall expire at 5:00 p.m. (Dallas, TX time) on May 20, 2004. 2. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. 3. Facsimile Signatures. Facsimile signatures hereon shall be treated for all purposes as original signatures. 4. Except as amended hereby, the Agreement shall be and continue in full force and effect. [SIGNATURE PAGE FOLLOWS] First Amendment to Agreement of Purchase and Sale Big Pine Key DATED as ofthe date first above written. SELLER: BEAL BANK, S.S.B., a state savings bank organized under the laws ofthe State of Texas By: Name: Title: BUYER: c, ,.... Q: ..:r .c 0 ~ IoU '-> t:J ~ L.u <It: Q: E ~J-:~ ....Iu.... Q: o .:z 0 Q "lC:!:!:::> "(.)0 ..... (II) .-J . (.) Q B: .>-:C...., L&J ::1:-'0 -J ~ :u. - ..:r l..L. c:::t o 0 c:::t r ('"J MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Name: David P. Rice Title: Mayor Pro Tem ~ MONROE COUNTY AHORNE APPROVED AS T ~ZANNE A. H nON - Dal~) ASS~~TAN~~fTORNEY First Amendment to Agreement of Purchase and Sale Big Pine Key 2