Item R4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 14, 2004
Division: County Administrator
Bulk Item: Yes
No~
Department: County Administrator
AGENDA ITEM WORDING: Discussion and direction to staff regarding purchase of a
portion of the Dog Track property on Stock Island as a fire station site.
ITEM BACKGROUND: The subject property is part of a land condominium and there are
legal issues associated with the County's ownership in a condominium. To resolve these
issues, staff has proposed that the Seller either 1) remove the property from the condominium
or 2) consent to a friendly condemnation action to extinguish the condominium restrictions.
The Seller has not accepted either proposal. As a third alternative, staff has prepared a
contract amendment requiring modification of condominium documents prior to closing to
address the County's legal concerns. The Seller has indicated preliminary support of this
concept. Under the existing contract, the County's due diligence period expires July 16, 2004,
at which point the County must either terminate the contract or proceed to closing if funding
from the sale of the Public Service Building is available.
PREVIOUS RELEVANT BOCC ACTION: On March 17, 2004 the Board entered into a
contract to purchase the property.
CONTRACT I AGREEMENT CHANGES: 1) Make the transaction contingent upon modifying
the condominium documents. 2) Extend the due diligence period by 60 days.
STAFF RECOMMENDATIONS: Discussion by the Board and action as deemed appropriate.
TOTAL COST: $ 1,115,960.50
BUDGETED: Yes
No _X_
COST TO COUNTY: $ 1,115,960.50 SOURCE OF FUNDS: Sale of the Public Service Bldg
REVENUE PRODUCING: Yes
No l AMOUNT PER MONTH
YR
APPROVED BY: County Atty _ OMB/purc~ ~iSk Management _
DIVISION DIRECTOR APPROVAL: ~ ~'L ~-
James L. Roberts, County Administrator
DOCUMENTATION: Included
To Follow
X Not Required
R.y-
DISPOSITION:
AGENDA ITEM #
FIRST AMENDMENT TO AGREEMENT FOR THE PURCHASE OF LANDS
THIS FIRST AMENDMENT TO AGREEMENT FOR THE PURCHASE OF LANDS (hereinafter
"Amendment") is made and entered into this day of , 2004, by
and between Dog Track Partnership, a Florida general partnership, as Seller, and the Monroe
County Board of County Commissioners (hereinafter "County"), a political subdivision of the
State of Florida, as Buyer.
RECITALS
A. Buyer and Seller executed that certain Agreement for the Purchase of Lands, dated March
18, 2004 (hereinafter "Agreement"), concerning the purchase and sale of certain real
property situated on Stock Island in Monroe County, Florida,
B. The parties wish to amend the Agreement in accordance with the terms contained herein.
AGREEMENT
1. Notwithstanding any provision of the Agreement to the contrary, the closing of the subject
transaction is contingent upon the Dog Track Parcel Condominium documents or any other
documents or recorded restrictions being amended to remove any obligation on the County
as owner of the subject parcel to pay any assessment or charge not consented to and that
no outside party can impose any lien on the County parcel for failure pay any consented to
assessments or charges or for any other reason. Provided further, there can be no
restrictions on the public access to the County parcel.
2. The 120-day due diligence period contemplated in Paragraph 17 of the Agreement is hereby
extended by 60 days.
3. All other provisions of the Agreement shall remain in effect, including the right of the parties
to terminate the Agreement pursuant to Paragraph 18 in the event the transaction has not
closed within 180 days of the effective date of the Agreement.
Dated as of the date first above written.
Dog Track Partnership, a Florida general partnership
Seller
By: Old Town Key West Development, Ltd., a Florida limited partnership, as authorized
general partner
By: ,2004
Edwin O. Swift, Authorized General Partner
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
CHAIRMAN/MAYOR, has executed this amendment on behalf of MONROE COUNTY this
day of , 2004.
A TIEST:
DANNYL.KOLHAGE,CLERK
MONROE COUNTY
(Seal)
By: Deputy Clerk
Murray E. Nelson, Chairman/Mayor
Monroe County Board of County
Commissioners
Approved as to Form:
2