2nd Amendment 05/19/2004
Clelt( oIlIIe
Circul coun
Danny L. Kolhage
Phone: 305-292.3550 Fax: 305-295.3663
Memnrandum
To:
James Roberts,
County Administrator
Isabel C. DeSantis, . V
Deputy Clerk )Y
From:
Date:
Thursday, May 27, 2004
At the BOCC meeting on May 19, 2004, the Board approved the following:
Second Amendment to the Agreement for the purchase of the D& J Industries
building on Big Pine Key.
Enclosed is a duplicate original of the 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 OF PURCHASE AND SALE
THIS SECOND AMENDMENT TO AGREEMENT OF PURCHASE AND SALE (this
"Amendment") is dated effective as of May 12,2004 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. The Buyer and Seller then entered into that certain First Amendment to
Agreement of Purchase and Sale, dated April 5, 2004.
C.
herein.
The parties wish to amend the Agreement in accordance with the terms contained
D. 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 July 19,2004.
2. Closing Date. Amending Section 8.2 of the Agreement, Buyer and Seller agree
that the Closing Date shall be on or before August 19, 2004. Such date may
not be extended without the prior written approval of both Buyer and Seller.
3. Title Period. Amending Section 3.1 of the Agreement, Buyer agrees and
confirms that the Title Period has expired, and that the current condition of the
title is acceptable to Buyer. Buyer further agrees that the Buyer does not any
right to terminate the Agreement pursuant to Section 3.1.
4. 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.
Second Amendment to Agreement of Purchase and Sale
Big Pine Key
5. Facsimile Signatures. Facsimile signatures hereon shall be treated for all
purposes as original signatures.
6. Except as amended hereby, the Agreement shall be and continue in full force
and effect.
DA TED as of the date first above written.
SELLER:
BEAL BANK, S.S.B.,
a state savings bank organized under the laws
of the State of Texas
By:
Name:
Title:
BUYER:
MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Name:
Title:
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Second Amendment to Agreement of Purchase and Sale
Big Pine Key
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