G. Land Authority
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division: Land Authoritv
Bulk Item: Yes No...x..
Staff Contact / Phone #: Mark Rosch /295-5180
Agenda Item Wording: Approval of minutes for the May 16, 2007 meeting.
Item Background: N/A
Advisory Committee Action: N/A
Previous Governing Board Action: N/A
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $
Budgeted: Yes _ No
Cost to Land Authority: $
Source of Funds:
Approved By: Attorney_
County Land Steward _'
Documentation: Included: ~
To Follow:
Not Required:
Disposition:
Agenda Item _
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
GOVERNING BOARD
May 16, 2007 Meeting Minutes
The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular
meeting on Wednesday, May 16, 2007 at the Key Largo Library located at 101485 Overseas
Highway, Key Largo, Florida. Chairman Sonny McCoy called the meeting to order at 10:09 AM.
Present and answering roll call, in addition to Chairman McCoy, were Mayor Mario Di Gennaro,
Commissioner Sylvia Murphy, and Commissioner George Neugent. Commissioner Dixie
Spehar was absent. Also in attendance were Executive Director Mark Rosch, Office Manager
Kimberly Nystrom, Counsel Larry Erskine, and members of the press and public.
The first item on the agenda was approval of minutes for the April 18, 2007 meeting. A motion
was made by Commissioner Neugent and seconded by Mayor Di Gennaro to approve the
minutes as submitted. There being no objections, the motion carried (4/0).
The next item was approval to purchase Block 39, Lot 13, Pine Crest subdivision on Big Pine
Key for conservation. The total cost of the proposed transaction was $36,123.75. A motion was
made by Mayor Di Gennaro and seconded by Commissioner Neugent to approve the item.
There being no objections, the motion carried (4/0).
Mr. Rosch then briefed the Board regarding a grant application submitted to the Florida
Communities Trust for the 3-acre Ettinger conservation property on Key Largo.
There being no further business, the meeting was adjourned at 10: 11 AM.
Minutes prepared by:
Mark J. Rosch
Executive Director
Approved by the Board on:
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: June 20. 2007
Division: Land Authoritv
Bulk Item: Yes No...x..
Contact / Phone #: Mark Rosch 1295-5180
Agenda Item Wording: Approval of a contract and lease addendum for the purchase of Tract 4A and
part of Tract 5A, Amended Plat of Mandalay for conservation.
Item Background: This acquisition is proposed to protect natural resources.
The subject properties consist of three parcels totaling 1.42 acres in the US 1 median near MM 97 on
Key Largo. The properties are zoned Suburban Commercial (SC) and designated Tier 3A Special
Protection Area on the County's proposed Tier Maps. The vegetation is tropical hardwood hammock.
The following items are included as supporting documentation: a spreadsheet indicating the purchase
price and estimated closing costs; property maps; the purchase agreement; and the lease addendum
for the removal of the property's billboard.
Advisory Committee Action: On May 23,2007 the Committee voted 5/0 to approve this purchase.
Previous Governing Board Action: None.
Contract/Agreement Changes: NIA
Staff Recommendation: Approval
Total Cost: $368.318.50
Budgeted: Yes~ No_.
Cost to Land Authority: $368.318.50
Source of Funds: Land Authoritv
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney ~ County Land Steward X.
Documentation: Included: ~ To Follow: Not Required:
Disposition:
Agenda Item _
Property
Tract 4A and
Two Parts of Tract 5A,
Amended Plat of
Mandalay Subdivision
(Pugliese)
PURCHASE CONTRACTS
06/20/07
Purchase Envr. Audit, Survey Title Attorney Recording Total
Price or Clean-up Insurance Fee Fee Costs
$360,000.00 $5,800.00 $2,000.00 $500.00 $18.50 $368,318.50
?7
c?
~
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this
and between
day of
, 2007, is by
Anthony V. Pugliese, III
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter,
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the price of $360,000.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or
arising by reason of ownership thereunto belonging, owned by them, situate and lying in the
County of Monroe, State of Florida, more particularly described as follows; to-wit:
Tract 4A and two parcels within Tract 5A, all in Mandalay subdivision (PB 2-25),
more particularly described in Exhibit A
RE# 554930-000000, 554940-000000, and 554940-000200
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities.
The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall
constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have forty-five (45) days from the effective date of this agreement in
which to examine title. If title is found defective, the LAND AUTHORITY shall, within this specified
time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title
unmarketable the Seller(s) will have one hundred twenty (120) days from receipt of notice within
which to remove the defect(s), failing which the LAND AUTHORITY shall have the option of either
accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY
and the Seller(s) shall release one another of all further obligations under this Agreement. The
Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the
time provided therefore, including the bringing of necessary suits.
1
3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered. It is further agreed that any loss or damage
occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the
unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the
Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may
refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance
upon an equitable adjustment of the purchase price.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the LAND AUTHORITY shall have at all proper times the unrestricted right
and privilege to enter upon said lands for all proper and lawful purposes, including examination of
said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all
claims against the LAND AUTHORITY or Monroe County associated with, or arising from
ownership of, said lands and this waiver shall survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe
title to the said lands of such character as to be satisfactory to the legal counsel of the LAND
AUTHORITY and said deed shall provide that the use, occupation and operation of the rights-of-
way, easements and reservations retained therein, shall be subordinate to and subject to such
rules and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $360,000.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, delivery and recordation of the deed, and after the legal counsel of the
LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will
cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND
AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the
conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination
fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real
property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY,
or the effective date of possession of such real property by the same, whichever is earlier. The
Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal
of trash, debris, and structures from the property, if any. Full possession of the premises shall
pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the
reservations stated in Section 2 above.
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
8. It is mutually understood and agreed that the LAND AUTHORITY may assign this contract.
9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
2
c/o Mr. Mitin Patel
101 Pugliese's Way
Suite 200
Oelray Beach, FL 33444
and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
11. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
12. The effective date of this agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this agreement.
13. The LAND AUTHORITY shall have forty-five (45) days from the effective date of this agreement
in which to conduct an environmental site assessment to determine the existence and extent, if
any, of any hazardous materials on the property. For the purposes of this agreement, "hazardous
materials" shall mean any hazardous or toxic substance, material or waste of any kind or any
other substance which is regulated by any environmental law. If the environmental site
assessment identifies the presence of hazardous materials on the property, the LAND
AUTHORITY shall, within this specified time period, notify Seller(s) in writing of the findings. The
Seller(s) will then have one hundred twenty (120) days from receipt of notice within which to
pursue, at Seller(s)' sole cost and expense, any assessment, clean-up, and monitoring of the
Property necessary to bring the Property into full compliance with any and all applicable federal,
state or local laws, failing which the LAND AUTHORITY shall have the option of either accepting
the property as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and
the Seller(s) shall release one another of all further obligations under this Agreement.
[The remainder of this page is blank.]
3
14. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 22, 2007 to
sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this
Agreement to the contrary, the closing of this transaction is contingent upon approval by the LAND
AUTHORITY Governing Board, failing which the LAND AUTHORITY and the Seller(s) shall
release one another of all further obligations under this Agreement.
15. Subject to the provisions of Paragraphs 2 and 13, this transaction shall close within 30 days after
the conclusion of the 45-day due diligence period.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
authorized to purchase said lands, the option and right to enter into this Agreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein
provided.
Seller/ Anthony V. Pugliese, III
Signature
Date
Social Security Number Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE 01 RECTOR, in accordance with Resolution 09-2004, has executed this agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
,2007.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Mark J. Rosch, Executive Director
4
PILI . 1 1 7 :3 5 6 <&
BK'1 6 2 6 PG'2 .3 4. 1
Bzhlbit "A"
to
Warranty Deed betweea
PusU-1tealty, Ltd., u Grantor
aud
Anthony v. luaU.... m. u GrIDtee
PUCWL A I (0100554930-000000)
'lr.at: -t-A, aaaor4:lDg t:o the .1II"~cS 'lat: of xurDALAY, .
IUbdivi.ioD iD. ..ct:ion a. Tawa.hi>> .2 Soath, Bang. 3' ...t, Key
x,ugo. .....~. Ccnmt:y, Jtlorida. Z'lICIoz:de4 ill pla~ Book 2, at: ..g.
25, of th8 Publi.CI ReCIoX'd. of JIosaxoe Ccnmqr, 1'1or:l.d.a.
JlUCBL B I (0100554940-000200)
'1h. 100 '1IJorth...~.Z'ly fa.t of '1'Z'act 51., o! the '..aord.d' pl.~ of
KI.1mALAY Suhc!i'ri.iOl'l., 1... the fiZ'.t: 500 Jfozot:h...t:erly fe.t: of
.aie! TraGt: .it.ua~ecI em the XalaDd of J:q LaZ'ga, nor:Lda, ..
r.oordad. in Pl.t Book 2, at Paga 25, of t1ua Public ..aoX'd. at
HoDro. Cauat:y, "lo%'i4&, loa.t.eet :I.A Seaticm 6, Town.hip '2 South.
RaDSJe 39 ..at.
PAllCllL Ct (U'00554940-000000) .
800 Xorthe..terly f.at of Traot B, DRDALA'I 8lJBD%V%8ZOH'.. 1...
the firat 700 lfo1:t:he..terly !..t: of 'tztaat SA, a.aUOD 6.
Town.hip of 52 SoUtA, Range 39 ..at, accord 1- 1Jg to th. Pl~t
th.r.o~ raaozoded izl Plat Book 2.. .age 25. of the Pub1io _ecord.
of KOnz:o. Coun~y, 'lorid.~
MONROB CO~~~~.DS
o,"ICIAL
ADDENDUM TO SIGN LOCATION LEASE AGREEMENT
THIS AGREEMENT, dated this _ day of , 2007, is by and between
Anthony V. Pugliese III as Lessor and National Advertising Company d/b/a Viacom Outdoor as
Lessee.
WITNESSETH:
WHEREAS, Lessor and Lessee previously entered into that certain Sign Location Lease Agreement
#912640 dated November 29, 2005, regarding an outdoor advertising structure located on Key Largo,
Florida (hereinafter "Lease") on property described as E/S US-1, at MM 97.4, folio #00554940-000200
and 554940-000000 (hereinafter "subject property"); and
WHEREAS, Paragraph 7 of the Lease contains the following provision: "Lessor may not terminate this
lease under any right or circumstance if the Property has been taken or is threatened to be taken by
eminent domain, or if the Property is conveyed to any entity or it's agent with eminent domain
authority"; and
WHEREAS, Lessor has agreed to sell the subject property to Monroe County Comprehensive Plan
Land Authority, (hereinafter "Land Authority") in a voluntarily negotiated sale; and
WHEREAS, Land Authority does not have eminent domain authority.
NOW TH EREFORE:
For and in consideration of the mutual promises contained herein and other good and valuable
consideration, receipt of which is hereby acknowledged, and for the express benefit of Land Authority,
Lessor and Lessee agree and Land Authority consents that upon the transfer of title to the subject
property from Lessor to Land Authority, the terms of the Lease shall be amended as set forth in this
Addendum.
1. The above whereas clauses are true and correct and are incorporated by this reference.
2. Land Authority, as successor-in-interest to Lessor, shall have the right to terminate the Lease
at any time after July 1, 2008 upon thirty (30) days written notice to Lessee c/o Mr. Joe Little,
Vice President/Real Estate SE, Viacom Outdoor Inc., 6904 Cypress Park Drive, Tampa, FL
33634.
3. In the event Land Authority gives proper notice of its intention to exercise its right to terminate
the Lease as set forth in Paragraph 2 hereof, Lessee shall remove the above-ground portion of
its outdoor advertising structure within thirty (30) days of the receipt of such notice.
4. In the event Lessee shall fail to remove the above-ground portion of its outdoor advertising
structure in accordance with the terms of this Addendum, Land Authority may so remove the
above-ground portion of Lessee's outdoor advertising structure without liability to Lessee and
charge its actual cost of removal to Lessee which Lessee hereby agrees to pay.
5. The parties hereby acknowledge the rent payable pursuant to the Lease is paid monthly in
advance in the amount of $310.64 as of May 2007 and is subject to future CPI increases.
6. Lessee shall and hereby does waive any and all claims, rights, remedies, or causes of action it
may have against Lessor, Land Authority, Monroe County, and their respective agencies,
Page 1 of 3
subdivisions, employees and agents related to the acquisition of the subject property from
Lessor by Land Authority as well as actions Land Authority may take to terminate the Lease
pursuant to Paragraph 2 hereof.
7. Lessor, Lessee, and Land Authority agree that the terms of this Addendum shall be contingent
on Land Authority acquiring title to the subject property within ninety (90) days of the
Addendum's execution by the parties. The terms of the Lease shall remain in full force and
effect except as hereby modified by the terms of this Addendum.
LESSOR:
LESSEE:
Viacom Outdoor
BY:
Joe Little, Vice President of Real Estate SE
Anthony V. Pugliese III
DATE:
DATE:
Witnesses as to Lessor:
Witnesses as to Lessee:
Witness #1 Signature
Witness #1 Signature
Witness #1 Printed Name
Witness #1 Printed Name
Witness #2 Signature
Witness #2 Signature
Witness #2 Printed Name
Witness #2 Printed Name
I HEREBY CERTIFY that on this day of , 2007, before me, an
officer duly qualified to take acknowledgments, personally appeared Anthony V. Pugliese III to me
known to be the person described in and who executed the foregoing instrument and acknowledged
before me that they executed the same for the purposes therein expressed.
Personally known or produced as identification.
Notary Public, State of
My Commission Expires:
I HEREBY CERTIFY that on this day of , 2007, before me, an
officer duly qualified to take acknowledgments, personally appeared Joe Little to me known to be the
person described in and who executed the foregoing instrument and acknowledged before me that
they executed the same for the purposes therein expressed.
Personally known or produced as identification.
Notary Public, State of
My Commission Expires:
Page 2 of 3
CONSENT
The terms of this Addendum are accepted by the Monroe County Comprehensive Plan Land
Authority.
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
CHAIRMAN, has executed this Addendum on behalf of the MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY this day of ,2007.
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Mark J. Rosch, Executive Director
Charles "Sonny" McCoy, Chairman
Page 3 of 3