2nd Amendment & Consent 05/17/2000
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BRANCH OFFICE
3117 OVERSEAS ffiGHWAY
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS ffiGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
May 26, 2000
TO:
Commissioner Wilhelmina Harvey
District I
FROM:
Sheila Sutton, Assistant
Pamela G. Hanc~
Deputy Clerk U
ATfN:
At the May 17, 2000, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of Consent to Assignment and Second Amendment of
Non-Exclusive Agreement between Monroe County and Eller Media Company for selling and
placing advertising at bus shelters/benches located in State right-of-way.
Enclosed please find a duplicate original of the above for your handling. Should you have
any questions please do not hesitate to contact this office.
Cc: County Administrator wlo document
County Attorney
Finance
File
CONSENT TO ASSIGNMENT AND SECOND AMENDMENT
OF NON-EXCLUSIVE AGREEMENT
THIS CONSENT TO ASSIGNMENT AND AMENDMENT OF NON-EX~USIVE
AGREEMENT (the "Amended Agreement"), is made and entered into this /7 day of
!Y\:AA( , .~, between Monroe County, a municipal corporation
organized under the laws of the State of Florida, hereinafter referred to as the "County",
and Eller Media Company, a Florida corporation, in order to amend that Non-Exclusive
Agreement between the parties dated January 24, 1990, as modified in the Addendum
to Non-Exclusive Agreement dated April 21, 1994, hereafter collectively referred to as
"Original Agreement".
WITNESSETH:
WHEREAS, Monroe County desires to consent to the assignment of the Original
Agreement to Eller Media Company;
WHEREAS, the Original Agreement has an option to extend the contract for
additional five (5) year terms if agreed to by both parties;
WHEREAS, the Original Agreement as modified in the Addendum, increased the
shelter fee amount to Five Hundred Dollars ($500.00) per shelter; and
WHEREAS, both parties have renegotiated the fee amount as reflected in of this
Amended Agreement,
NOW THEREFORE, in consideration of the foregoing it is stipulated and agreed
as follows:
1. Monroe County hereby consents to the assignment of the Original
Agreement to Eller Media Company. Except as modified in
Paragraphs 2-6 of this Amended Agreement, Eller Media Company
agrees to be bound by all the terms and conditions in the Original
Agreement.
2, Eller Media Company shall pay in advance to the County the sum
of Six Hundred-Ninety Dollars ($690.00) for the first year, per
c _ shelter with advertising on both panels, for the second year the
g; j ~ ~ ~mpany shall pay in advance to the County the sum of Seven
tj . 52 ~. .:~undred-Ten Dollars ($710,00) , for the third year the Company
0::: 5 5~~all pay in advance to the County the sum of Seven Hundred-
~ \0 ~~~hirty Dollars ($730.00) , for the fourth year the Company shall pay
lJ.. t'I ~x:<ffi advance to the County the sum of Seven Hundred-Fifty Dollars
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($750.00) , for the fifth year the Company shall pay in advance to
the County the sum of Seven Hundred-Seventy Dollars ($770,00)
under this Amended Agreement. For any additional shelters
installed in excess of those currently installed, the payment to the
County will be prorated,
3. The term of this Amended Agreement shall be for five (5) years
from the date the County signs this Amended Agreement.
4. The Amended Agreement may be further extended for additional
five (5) year terms if agreed to by both parties herein.
5, If the Amended Agreement is further extended, then the fee for
each bus shelter and bus bench shall be renegotiated.
6. This Amended Agreement shall not apply to any shelter located
within a municipality. Upon, and pursuant to the written request of
the District School Board of Monroe County, the Company shall
promptly relocate any designated structure to another designated
location or remove it.
7. In all other aspects, the Original Agreement remains in full force
and effect.
IN WITNESS THEREOF, the parties have hereunto set their hands and seal, the
i . . ar first written above.
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Atlest: DANNY L. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: cS~!~
AND GAL SUFFICIE CY.
Witness
Page 2 of 2
M IA-420853-1
.ELLERsM
SOUTH FLORIDA DIVISION
5800 N. ~ 77th Court
Miami, Rorida 33166
Telephone 305/592-6250
8roward Tel 954/527-5777
Fax 305/477-0743
www.ellermedia.com
May 18,2000
VIA FEDERAL EXPRESS
Mr. Jim Hendrick
County Attorney
Monroe County
502 Whitehead Street
Courthouse Annex 3rd Floor
Key West, FL 33040
Re: Consent to Assignment and Second Amendment
Dear Mr. Hendrick:
Enclosed please find an original Consent to Assignment of Agreement between Monroe
County and Eller Media Company. This document is executed by John Jacobs, President
of South Florida Division, Eller Media Company. Upon fully executing the enclosed
Assignment and Second Amendment, a copy for our files would greatly be appreciated,
All of us at Eller appreciate the opportunity to continue our partnership with Monroe
County and we look forward to many years of continued service.
If I may be of further assistance to you or your staff, please do not hesitate to contact me
directly at 305-592-6250.
Best regards,
OMPANY
Steven 1. Alexander
Director of Government and Community Relations
ELI..ER MEDIA COMPANY A Clear Channel Company