G. Land AuthorityLAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: July 18, 2007 Division: Land Authority
Bulk Item: Yes No X Staff Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of minutes for the June 20, 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: X To Follow: Not Required:
Disposition: Agenda Item
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
GOVERNING BOARD
June 20, 2007 Meeting Minutes
The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular
meeting on Wednesday, June 20, 2007 at the Marathon Government Center located at 2798
Overseas Highway, Marathon, Florida. Chairman Sonny McCoy called the meeting to order at
10:51 AM. Present and answering roll call, in addition to Chairman McCoy, were Commissioner
Sylvia Murphy, Commissioner George Neugent, and Commissioner Dixie Spehar. Mayor Mario
Di Gennaro 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 May 16, 2007 meeting. A motion
was made by Commissioner Spehar and seconded by Commissioner Neugent to approve the
minutes as submitted. There being no objections, the motion carried (4/0).
The next item was approval of a contract and lease addendum for the purchase of Tract 4A and
part of Tract 5A, Amended Plat of Mandalay for conservation. The total cost of the proposed
transaction was $368,318.50. A motion was made by Commissioner Murphy and seconded by
Commissioner Neugent to approve the item. There being no objections, the motion carried
(4/0).
There being no further business, the meeting was adjourned at 10:52 AM
Minutes prepared by:
Mark J. Rosch
Executive Director
Approved by the Board on:
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: July 18, 2007 Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of a revised lease addendum related to the purchase of Tract 4A
and part of Tract 5A, Amended Plat of Mandalay for conservation.
Item Background: In order to close the purchase of the subject property, the billboard lease
addendum needs to be revised. Revisions are necessary to accurately reflect the terms of the Seller's
existing ground lease, to preclude the possibility of future legal challenges from the Lessee, and to
reflect the Lessee's recent name change.
Advisory Committee Action: On May 23, 2007 the Committee voted 5/0 to approve guidelines for the
removal of the billboard. The revised lease addendum is consistent with the approved guidelines.
Previous Governing Board Action: On June 20, 2007 the Board approved a contract to purchase the
subject property and a lease addendum concerning the removal of the billboard.
Contract/Agreement Changes: Paragraph 2: revise the termination date to January 1, 2009 (formerly
July 1, 2008). Paragraph 5: correctly state the current monthly rent as $318.63 (formerly $310.64).
Opening paragraph and signature block: revise Lessee's name to CBS Outdoor Inc. (formerly National
Advertising Company d/b/a Viacom Outdoor).
Staff Recommendation: Approval
Total Cost: N/A
Cost to Land Authority: N/A
Budgeted: Yes No
Source of Funds: N/A
Approved By: Attorney X County Land Steward N/A .
Documentation: Included: X To Follow:
Not Required:
Disposition: Agenda Item
ADDENDUM TO SIGN LOCATION LEASE AGREEMENT
THIS AGREEMENT, dated this day of , 2007, is by and between
Anthony V. Pugliese III as Lessor and CBS Outdoor Inc. by way of merger with National Advertising
Company 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 THEREFORE:
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 January 1, 2009 upon thirty (30) days written notice to Lessee c/o Mr. Joe
Little, Vice President/Real Estate SE, CBS 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 $318.63 as of June 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,
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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:
Anthony V. Pugliese III
DATE:
Witnesses as to Lessor:
Witness #1 Signature
Witness #1 Printed Name
Witness #2 Signature
Witness #2 Printed Name
LESSEE:
CBS Outdoor Inc. by way of merger with
National Advertising Company
BY:
Joe Little, Vice President of Real Estate SE
DATE:
Witnesses as to Lessee:
Witness #1 Signature
Witness #1 Printed Name
Witness #2 Signature
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.
My Commission Expires:
Notary Public, State of
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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:
(Seal)
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch, Executive Director Charles "Sonny" McCoy, Chairman
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