HomeMy WebLinkAboutR-03-0775J-03-644
07/08/03 03— 775
RESOLUTION N0.
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING A SETTLEMENT OF
APPELLATE CASE NO. 02 -302 -AP, CARTER OUTDOOR
ADVERTISING, INC., ET AL. V. CITY OF MIAMI;
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY") AND CARTER OUTDOOR ADVERTISING, INC.
("CARTER"), AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO RESOLVE THE
LITIGATION AND ADMINISTRATIVE PROCEEDINGS THAT
HAVE ACCOMPANIED THE CITY'S EFFORTS TO ENFORCE
ZONING REGULATIONS APPLICABLE TO CARTER'S TWENTY
(20) OUTDOOR ADVERTISING SIGNS ("BILLBOARDS")
LOCATED WITHIN THE CITY; PROVIDING FOR REMOVAL AND
RELOCATION OF CERTAIN BILLBOARDS; PROVIDING FOR
PAYMENT OF PERMIT FEES; PROVIDING FOR CARTER TO
REIMBURSE THE CITY THE AMOUNT OF THREE HUNDRED AND
FIFTY THOUSAND DOLLARS ($350,000); PROVIDING FOR
CARTER TO PROVIDE OUTDOOR ADVERTISING SPACE FOR
DISPLAY OF CITY -PREPARED ADVERTISING; AND
PROVIDING FOR STATUS, RETROFITTING, REPLACEMENT
AND RELOCATION OF REMAINING SIGNS.
WHEREAS, the City of Miami ("City") and Carter Outdoor
Advertising,
Inc.
("Carter"), have
been embroiled
in Code
Enforcement
and
legal proceedings
related to the
City's
Regulation, pursuant to the City's Zoning Ordinance, of twenty
(20) Carter -owned billboards located within the City; and
ATT A C 2 T
CITY COMMISMON
MEETING OF
j iv 1 7 ?093
Resolution No.
03- "775
WHEREAS, the aforementioned proceedings, since April 2001,
have resulted in extensive administrative enforcement proceedings
and litigation now pending in the Appellate Division of the 11th
Circuit Court in and for Miami -Dade County: Carter Outdoor
Advertising, Inc., et a1. v. City of Miami, Appellate Case No.
02 -302 -AP; and
WHEREAS, the aforementioned litigation represents a dispute
between the City and Carter regarding the legality of City
Ordinances regulating billboards and the applicability of certain
City ordinances to billboards owned by Carter; and
WHEREAS, the City and Carter desire to resolve their ongoing
dispute pursuant to the provisions of the attached Settlement
Agreement ("Settlement Agreement"); and
WHEREAS, the Settlement Agreement mandates the immediate
removal of some of Carter's signs, as well as the removal of
other signs by 2023; and
WHEREAS, the proposal would also, inter alfa, mandate Carter
to reimburse the City for Carter -related enforcement and legal
expenses, pay various permit fees relating to the replacement of
missing permits, as well as establish future permit fees; and
WHEREAS, Carter will also conditionally provide an ongoing
program, during the term of the Settlement Agreement, of
providing space available -outdoor advertising space within major
media markets in Florida for the display of City -prepared
advertising materials; and
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WHEREAS, execution -of the Settlement Agreement will not
deprive the City of the right to proceed with normal condemnation
or purchase proceedings to remove any Carter signs, if so
desired; and
WHEREAS, the resolution of the legal enforcement proceedings
giving rise to this settlement is in the best interests of the
City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. A settlement in the administrative code
enforcement proceedings and litigation in the case of Carter
Outdoor Advertising, Inc. et al. v. City of Miami, Appellate Case
No. 02 -302 -AP, in the 11th Circuit Court in and for Miami -Dade
County, pursuant to the terms of a Settlement Agreement,
attached, is accepted.
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Section 3. The City Manager is authorized!' to execute a
Settlement Agreement, in substantially the attached form, between
the City and Carter Outdoor Advertising, Inc. and all necessary
documents, in a form acceptable to the City Attorney, to resolve
the litigation and administrative proceedings that have
accompanied the City's efforts to enforce zoning regulations
applicable to Carter's twenty (20) outdoor advertising signs
located within the City.
Section 4. Carter shall pay Three Hundred and Fifty
Thousand Dollars ($350,000) to the City to settle preceding
permit fees, extinguish existing fines related to enforcement and
reimburse the City for legal and enforcement expenses. Carter
shall also make certain additional payments, remove certain
billboards, retrofit I -Beam sign structures, and may relocate,
replace and retain certain signs as provided by the Settlement
Agreement.
Section 5. The City Manager is also authorized!' to
initiate and implement, in consultation with the City Attorney,
all administrative actions and proceedings necessary to
ii The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter, Code and applicable law.
Page 4 of 5 03- 775
effectuate the settlement and the terms of the Settlement
Agreement.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�'
PASSED AND ADOPTED this 17th day of July , 2003.
ATTEST:
x
PRISCILLA A. IHOMON
CLERK _
APPROVED
394:JEM:rcl:AIS
CORRECTNESS:
A-
-i
t the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
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SETTLEMENT AGREEMENT
This Settlement Agreement is made and entered into this
day of June 2003,
by and between the City of Miami (the "City"), a Florida municipality, and Carter Pritchett
Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc. ("Carter"), a Florida corporation.
RECITALS
A. The City has adopted ordinances that, among other things, regulate the size,
height, appearance, 1aghting, and landscaping requirements for outdoor advertising structures
("Signs"). City ordinances have also prohibited Sips in certain zoning districts.
B. As of April 2001, Carter owned 20 Signs in the City. Since April 2001, disputes
have arisen between Carter and the City regarding the legality of City ordinances regulating
Signs, the applicability of certain City ordinances to Signs owned by Carter, and the effect of
State laws on City ordinances and on. the enforcement of such ordinances. These disputes have
resulted in enforcement actions and litigation now pending in the Appellate Division of the l It'
Circuit Court in and for Miami -Dade County: Mary E. Bolton, Vicnel. Inc. & Carter Outdoor
Advertising Tnc. v. City of Miami, Appellate Case No. 02 -302 -AP.
C. The City and Carter desire to resolve all such disputes and the pending litigation
between them in this Settlement Agreement ("Agreement"):
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
set forth in this Agreement and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the City and Carter agree as follows:
AGREEMENT
1. Incorporation of Recitals. The above recitals are true and correct, and are
incorporated into and made part of this Agreement.
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2. Sigh Inventory and Removal ofSi this. Carter owns all Signs listed on Exhibits A
through C, and there are no other Sighs within the City that are currently owned by Carter or any
other of its subsidiaries or affiliated corporations or entities. Carter represents that (a) the
information set forth in the attached Exhibits A through C accurately describe all of Carter's
inventory of Signs within the City; and (b) Exhibits A through C identify each Carter Sign within
a C-1 or more restrictive district of the City. Carter has already voluntarily removed a total of
two Signs. The City of Miami will issue any permits or approvals which may be required so
that Carter can remove or relocate the Signs described herein:
a. Set forth on attached Exhibit A is a list of Signs that Carter has already
voluntarily removed.
b. Set forth on attached Exhibit B is a list of all Carter Signs located in a C-1
district. Carter will remove all Signs listed on Exhibit B no later than December 31, 2023,
provided the City takes no action to compel either the removal of such Signs or their compliance
with City ordinances prior to the voluntary removal deadline set forth herein. With respect to
each of the Signs and Sign faces listed on Exhibit B, Carter hereby expressly waives any right to
receive from the City just compensation or any other relief therefor, whether such claim for just
compensation is predicated on Section 70.001, 7020(9) or 479.15(2), Florida Statutes; Article X,
Section 6 of the Florida Constitution; Amendments V and XIV of the United States Constitution;
or any other authority under state or federal lay. Upon payment of a $20,000 per Sign
relocation fee, the City will permit Carter to relocate any Sign structure listed on Exhibit B that is
voluntarily relocated no later than December 31, 2008 to an allowed geograplucal location within.
a C-2 or less restrictive district. Nothing contained in this Agreement shall be construed to
permit the relocation, construction, or installation of a Sign without the consent of the owner. of
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the real property where it will be located. Carter and the City acknowledge that Carter bears the
sole risk of finding, securing and maintain the sites for its Signs, including any relocated Signs,
and that its failure to -find and secure suitable sites or to take advantage of the relocation right
granted herein by December 31, 2008 shall not give rise to any claim for compensation or other
relief from the City, and Carter expressly waives any such claim. Carter's obligation to remove
its Signs as provided herein is not dependent in any way on its ability to find or secure sites for
relocated Signs.
C. Carter has no roof top Signs located within the City limits.
d. Carter hereby expressly agrees that it will pay the City a liquidated penalty
of $10,000 per day per Sign for any Sign it does not remove in accordance with the terms set
forth herein. To secure its performance of these obligations, Carter shall, on December 31, 2022,
post a performance bond equal to the total value of each Sign listed on Exhibit B that still
remains in a C-1 district. In the event Carter fails to perform its obligations under this
Agreement, the City shall be entitled to the remedies of specific performance and injunctive
relief.
e. Nothing contained in this Paragraph 2 shall prevent the City from
reasonably enforcing its police powers and safety regulations.
3. Status of Remaining Signs. Listed on Exhibit C are all of Carter's Signs that will
remain in the City of Miami following the removal of the Signs listed on Exhibits A and B.
Unless prohibited by law, the City of Miami shall allow these Signs to remain in their existing
locations subject to the payment of annual permit renewal fees as set forth below:
a. Carter has provided the City with copies of all permits in its possession for
the Signs that are listed in Exhibits B and C. Thereafter, the City will provide to Carter copies of
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permits in its possession for all other Signs listed on Exhibits B and C. The City will issue
replacement permits for any Signs for which neither the City nor Carter is able to locate a copy
of the original City permit. For each such replacement permit issued, Carter will pay the City of
Miami a permit replacement fee of $5,000.00. Carter has three missing permits representing
S15,000.00 in replacement fees, due upon the effective date of this Agreement. Any replacement
permit for Sips listed on Exhibits B and C shall be specifically limited to the terms set forth
above. Upon completion of the exchange of permits and the issuance of replacement permits,
the City of Miami shall not require Carter to obtain any further permits or approvals from the
City for any of its Signs listed on Exhibits B and C other than the renewal fees specified herein;
provided however, nothing herein shall exempt Carter from its obligation to obtain required
permits to repair its Signs.
b. Some of the Signs listed on Exhibits B and C do not conform with current
City ordinances that regulate the height, distance requirements, or orientation of Signs. In the
future, the City may adopt additional ordinances regulating Signs. As of the effective date of this
Agreement, all Signs listed in Exhibits B and C shall have the legal status designated in Exhibits
B and C. The City will permit any Sighs listed on Exhibits B and C to obtain variances at no
additional costs relating to height, orientation and distance so that they may remain as
nonconforming uses or nonconforming characteristics of use for the terms specified above,
provided that such Signs comply with all other regulations regarding Signs including applicable
landscaping requirements. Nothing herein shall prevent the City from reasonably enforcing its
police powers and safety regulations. Carter's rights to maintain and repair its Signs under the
terms of this Agreement shall expire and terminate on December 31, 2028. Any City Sign law
promulgated prior to this date shall not be applied retroactively to Caner.
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4. Required Payment. Carter will, within 10 days following the effective date of this
Agreement, pay the amount of money necessary to: (a) satisfy existing fines, (b) satisfy and
extinguish any existing liens on properties that have been imposed as a result of enforcement
proceedings against Carter's Sims, (c) satisfy any and all fees, permitting and renewal, from
January 1, 2000 to the effective date of this Agreement; and (d) reimburse the City for all
expenses incurred as a result of the Ciry's enforcement proceedings against Carter's Sips (the
"Payment"). The Payment required of Carter pursuant to this Paragraph shall be $350,000.
5. Permit Renewal Fees. In addition to the paymcnt of any one-time permit
replacement fees, Carter shall pay the City annual permit renewal fees as follows:
a. For the Signs listed on Exhibits B and C, Carter will, annually, pay the
City annual renewal fee of 51,500 per Sign structure, beginr�ing one year from the effective date
of this Agreement.
b. Annual renewal fees shall be increased beginning in 2006 and each year
thereafter by the CPI cost of living index.
6. Retrofitting of Sisms Eligible to Remain. Except for those Signs that are under 20
feet in height, all Sims in Exhibit C that are currently supported by multiple I -beams, shall be
replaced with monopole structures on a one structure per month basis, commencing January 1,
2004 until all multiple I-beam support structures have been replaced.
7. Overhei ht Signs. The State of Florida has built and is currently building sound
walls along certain highways. These sound walls obstruct or will obstruct visual access to
ccrtain lawfully crccted Signs in the City. For those Signs to which visual access is or becomes
obstructed by State -constructed sound walls, Carter may raise their elevation to such height
necessary to restore visual access so long as any such elevation complies with applicable State
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and county building codes, and provided that the top of the Sign shall under no circumstances
exceed 65 -feet above the crown of the adjoining highway. The City will issue to Carter any
permits or authorizations which may be required to effectuate the purposes of this paragraph.
8. Replacement and Relocation of Siggts. In the event it becomes necessary for Carter to
replace any Sign listed on Exhibit C, the City will authorize Carter to replace such Sign on the
same site or to relocate such Sign within an allowed geographical location in the same zoning
district according to relocation standards to be adopted by the City consistent with this
Agreement. This right to maintain, replace and relocate the Signs listed on Exhibit C shall expire
and terminate on December 31, 2028. Any City Sign law promulgated prior to this date shall not
be applied retroactively to Carter. Nothing contained in this Agreement shall be construed to
permit the relocation, reconstruction, or installation of a Sign without the consent of the owner of
the real property where it will be located. Carter and the City acknowledge that Carter bears the
sole risk of finding, securing and maintaining the sites for its Signs, including any replacement
Signs, and that its failure to find and secure suitable sites or to take advantage of the replacement
right granted herein shall not give rise to any claim for compensation or other relief from the
City, and Carter expressly waives any such claim. Carter's obligation to remove its Signs as
provided herein is not dependent in any way on its ability to find or secure sites for replacement
signs.
9. Public Service Project. Carter will provide outdoor advertising space to the City
to publicize City events and related activities. The City shall be responsible for providing Carter
with any sign copy it would like displayed, and will pay for the cost of installing the sign copy.
For each year between July 1, 2003 and June 30, 2024, Carter will, as space is available, provide
outdoor advertising space to the City within the City and within other major media markets
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throughout the State of Florida for the display of City -prepared advertising materials.
10. Pending Cases; Vacatinz of Liens. Within 30 days following Carter's delivery of
the Payment to the City, the City shall move to vacate and set aside the Final Administrative
Enforcement Orders which are attached hereto as composite Exhibit D, and take appropriate
action to satisfy and set aside any liens imposed against property owners who have been the
subject of enforcement proceedings as a result of Carter's Signs. The documents vacating and
setting aside the enforcement orders and any liens shall be in a recordable form satisfactory to
Carter and the property owner_ The parties will also dismiss, with prejudice, all code
enforcement notices of violation, code enforcement orders, court cases, and appeals regarding
the Suns listed in Exhibits A, B, and C.
11. Nonwaiver of Leal Positions, Condemnation Rights; Unsafe Structures. The
parties acknowledge that this Agreement is a compromise resolution of disputed claims and
agree that it shall never be treated as an admission or evidence of liability by either of them for
any purpose whatsoever. Nothing in this Agreement shall bar the City from initiating procedures
or adopting ordinances to compel the removal of any lawfully erected Sign. Except as expressly
provided in Paragraph 2 herein, nothing in this Agreement affects Carter's right to receive just
compensation from the City if the City elects to remove any lawfully erected Sign belonging to
Carter. Nothing in this Agreement shall affect in any way the City's right to condemn a Sign in
accordance with applicable law and/or to take action against any Sign structure determined by
the City to be unsafe. Any such action by the City shall not be used by Carter as grounds to
invalidate this Agreement.
12. Property Owners Protected. So long as Carter complies with the terms and
conditions of this Agreement, the City will take no action to enforce its Sign ordinances against
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the owners of the property on which Caster's Signs are located.
13. Term and Expiration. This Agreement, and all rights and obligations of the parties,
and specifically including any and all vested rights., shall terminate and expire on December 31,
2028. Any City Sign law promulgated. prior to this date shall not be applied retroactively to
Carter.
14. Further Assurances and Cooperation. The parties recognize that it will be
necessary to amend the zoning ordinances and Code of the City of Miami in order to effectuate
the purpose of this Agreement. The parties will work cooperatively to draft any necessary Code
amendments and ordinance revisions necessary to effectuate this Agreement. Carter and the City
agree to prepare and execute such additional documents, resolutions, ordinances, and other
actions as may be necessary to effectuate the purposes of this Agreement. Carter covenants not
to sue the City, or to provide financial or in-kind support to others who sue the City regarding the
City's Sign revelations. The City will reasonal: ,v cooperate to resolve issues, if any, raised by
Miami -Dade County regarding the Signs perm;r ed pursuant to this Agreement.
1S. Most Favored ?Jation. In the eve- t the City shall reach a settlement with any other
billboard owner, Carter may elect to be be ,erned by all terms, conditions, covenants, and
restrictions contained in that settlement agr( :ment. If Carter so elects to be governed, it shall
give written notification of its election to the amity Attorney or his /her designee within 60 days of
the notification of National of such as eenr; ent. The election shall be effective as of the date of
the election and shall not be retroactive.
16. Notice. All notices or )-her communications required or permitted hereunder
shall be in writing and shall be delivered to the persons listed below:
As to Carter: Mr. Richard Pritchett
Piresidcnt
ra
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with a copy to:
To the City of Miami:
with a copy to:
17. Miscellaneous.
Carter Pritchett Hodges, Inc..
6601 Bayshore Road
N. Ft. Myers, FL 33918
Telephone: (239) 543-1110
Fax: (239) 543-2122
George F. Knox
Douglas M. Seaton
THE KNOX FIRM
150 S.E. 2nd Avenue
Suite 900
Miami, FL 33131
Telephone: (305) 577-3775
Facsimile: (305) 577-4887
Mayor Manual A. Diaz
City of Miami
3500 pan American Drive
Miami, Florida 33133
Telephone: (305) 250-5300
Alejandro Vilarello
City Attorney
City of Miami
444 S.W. 2nd Avenue
Suite 945
Miami, Florida 33133
Telephone: (305) 416-1800
a. Dispute Resolution: Mediation; Arbitration; Attorneys' Fees. Any
disputes among the parties, except those involving the City's police and safety powers, shall be
resolved as follows: In the event disputes arise among the parties regarding the terms of this
Agreement, the parties shall use their best efforts to resolve their awn disputes; if they cannot
resolve their differences, either party may then request mediation, which mediation shall be
attended by both parties with a certified mediator chosen by the parties. If the mediator declares
an impasse, either party may then demand binding arbitration. If arbitration is instituted between
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the
parties
with respect to this Agreement,
the prevailing party therein
shall
be entitled
to
recover, in addition to all other relief obtained, all reasonable costs, expenses and fees (including
reasonable attorneys' fees, paraprofessional fees and expert witness fees), incurred in such
arbitration or appeal and in any post -arbitration proceedings. The parties aclmowledge and agree
that except as to issues arising from the City's police and safety powers, they are agreeing to
mediate / arbitrate their disputes, and are expressly waiving their right to litigate their disputes in
court.
b. Construction. This Agreement has been executed and delivered in, and
shall be interpreted, construed, and enforced pursuant to and in accordance with, the laws of the
State of Florida.
C. Counterparts. If multiple counterparts of this Agreement are executed,
each shall be deemed an original, but all counterparts together shall constitute one and the same
instrument.
d. Headings. The section and paragraph headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
e. Entire Agreement. This Agreement sets forth all the promises,
agreements, conditions and understandings among the parties hereto as to the subject matters
referenced herein, and supersede all prior and contemporaneous agreements, understandings,
inducements or conditions expressed or implied, oral or written, except as herein contained.
f. Binding Nature. This Agreement will be binding upon and will inure to
the benefit of any successor or permitted assigns of the parties hereto. Carter agrees not to
transfer or convey any ownership in any Carter Sign identified in Exhibits A through C unless
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the transferee shall execute and deliver to the City an agreement to be bound by the terms and
conditions of this Agreement. Carter hereby represents and warrants that it: (a) is a corporation
in good standing under the laws of the State of Florida; (b} is duly authorized to transact business
in the State of Florida; and (c) has taken all corporate actions necessary to authorize execution
and performance of this Agreement. The City hereby represents and warrants that: (a) it is
empowered to enter into this Agreement; and (b) this Agreement has been duly authorized by the
Board of City Commissioners of the City of Miami pursuant to the requirements of Florida law.
g. Amendments. This Agreement constitutes the entire agreement between
the parties respecting the subject matter hereof: No oral statement or prior written material
related to the subject matters hereof and not specifically mentioned herein shall be of any force
or effect. No change in or addition to this Agreement shall be enforceable unless evidenced by a
writing executed by the parties. Any such enforceable amendment(s) shall become effective on
the date stipulated therein.
h. Release and Waiver. Any condition to a party's obligation hereunder may
be waived by that parry, provided such waiver is in writing. However, the waiver by any party
of a breach or violation of any provision of this Agreement shall not operate as, or be construed
to be, a waiver of any subsequent breach of the same or any other provision hereof The failure
by any party to timely enforce any of the provisions of this Agreement shall not be deemed a
waiver thereof.
(i) The City hereby releases and forever discharges Carter, its agents and
employees, from any and all claims, actions, causes of action, damages and costs arising from
violations, alleged or actual, of the City's Sign regulations, which have been or might have been,
brought as of the effective date of this Agreement.
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(ii) Carter hereby
releases and forever discharges
the City,
its agents
and
employees and elected officials, from any and all claims, actions, causes of action, damages and
costs arising out of the City's Sign regulations, or enforcement thereof, and without limiting the
generality of the foregoing, Carter specifically waives the right to challenge the validity,
constitutionality or enforceability of the City's Sign regulations and the right, if any, to
reimbursement of any fees and costs incurred by Carter in its defense of enforcerent
proceedings.
(iii) Neither Carter nor the City shall be deemed to have waived any richt to
bring an action to enforce the terms, conditions and limitations of this Agreement.
i. Indemnification; Compliance With. Electrical and Structural Codes. Carter
acknowledges and agrees that this Agreement does not in any way alleviate Carter's
responsibilities to comply with all applicable safety and/or construction requirements in
removing, relocating, maintaining, repairing or in reconfiguring any Sign fact or Sign structure,
and Carter shall not be excused from complying with the requirements of any electrical and
structural building codes and rules and regulations general application in effect at the time a
building or electrical permit application is filed in connection with reconstruction of an existing
Sign. Carter agrees to indemnify, defend and hold the City harmless from and against all claims
asserted by any person seeking to challenge the efficacy, validity or constitutionality of this
Settlement Agreement, or any ordinance or resolution enacted to adopt this Settlement
Agreement, including claims by lessors of Carter that result directly or indirectly from this
Settlement Agreement. Caner will also indemnify and hold the City harmless for any injury,
either to person or property, that results from a Carter Sign structure or associated Sign. face.
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J. Invalidity. If any section, phrase, or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions hereof. In the event this Agreement is invalidated by a third
party, then the parties hereto shall. be returned to their respective legal positions as such existed
on the date one day prior to the effective date of this Agreement.
k. Integrated A�Teement. Each party's obligations hereunder are dependent
upon performance of the material obligations of the other parry.
1. Effective Date. This Agreement shall become effective as of the dare it is
approved by the Board of Commissioners for the City of Miami and is signed by both parties.
CITY OF MIAMI
By:
City Manager
Dated: , 2003.
Attest:
City Clerk
Dated: , 2003.
Approval as to form:
Alejandro Vilarello, City Attorney
Dated: .2003.
CARTER PRITCHETT HODGES, INC.
By:
Its:
Dated: G a p 2003.
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Exhibit A
Physical Address of Board
1
Voluntarily Removed
4248 NW 14th Street
2
Voluntarily Removed
1400 NW 42nd Ave
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Jul -07-2003 20:11 From—HOGAN & HARTSON L L P 305 459 6650 T-590 P 020/021 F-137
Exhibit B
Board Number Physical Address of Board Height Distance
As of June 2003
1
5352
566 NW 22 STREET
42
NA
Legal
2
5408
529 W. FLAGLER
40
NA
Legal
03- '775
Exhibit C
03- '7"7a
Board Number
Physical Address of Board
Height
Distance
As of June 2003
1
5111
3514 S. DIXIE HIGHWAY
44.6
NA
Legal
2
5217
3880 BIRD ROAD
42
NA
Legal
3
5242
454 NW 22 AVE
44
NA
Legal
4
5270
1501 NW 7 AVE
28.4
168
Legal
5
5288
3636 NW 22 AVENUE
31.5
NA
Legal
6
5289
1100 N. MIAMI AVENUE
22
260
Legal
7
5291
59 NW 36 STREET
24.7
186
Legal
8
5305
561 NW 29 STREET
48.4
201
Legal
9
5324
7036 NW 5 AVENUE
25.4
226
Legal
10
5325
420 NW 37 STREET
30.7
200
Legal
11
5327
1050 NW 14 STREET (WALL)
NA
NA
Legal
12
5346
1311 NW MIAMI CT.
30
205
Legal
13
5356
3825 NW 2 AVENUE
44.8
178
Legal
5402
501 NW 36 STREET
37.8
208
Legal
15
5404
t1614
3640 S. DIXIE HIGHWAY
37.2
NA
Legal
5406
224 SW 6 STREET
27
NA
Legal
03- '7"7a
305 459 6650 7-590 P 003!021 F-137
Ju1-07-2003 20:06 From-HOGAN L HARTSON,L L P
CIW OF NUAM
DEPARrmW OF 9%.4N'j9NG & ZONING.
IMRARZKG
O ING-
IMRARIIHG DOAFW3 DIV=ON
CODE ENFORCF.MMiT BOARD
t.N =.MAT rM OF. Ca -c No.: 0208013
Casa No.: 02040%
CITY OF NUAMi
Pttitionet-
Mary E Holton And
Vicnel iar.
Rtapondeats
• Tltc Maucr came to be $card at a final hearing on MaY 24 2002, aonoet%img viotzdoas of rbc City
cfAmami Code and seadaas of the Loniag Omih=ce, fbc Special Maswt'ha%isg beard all is tcd
parties, reviewed the word, a:sd the City of Mismi Code, the City of Iasi 20ning Ordinance, and
atherwise be* frilly advised in the premises, finds as follows:
1, The sullject sign is lotazad in a Cl zoning district Arfiefe 4 oftho City of Msaula Zoniug Codc
prohibits outdoor advertisina signs, such as ibc sul1cct sign„ in C1 zonin3 &=icts• Therefore,
Rcspoudeats, Wry B. Bolton and Vic=4 Inc.. and are in yiolad= of tho City of Miami Code and ate
hereby fourr.d �Wty of said violation.
2. Ordina*c 11000, Articlo 11, Sectitm 11 Q7.2.7 provided that any sisn, billboard, or cormnerc'Lai
adv etE$sing sinrctrue which caasti=es a no=ouforming charas rrdsr3c ofuse sb all lie campletalY i=on: ed
fiou the prtID1 within five (5) y=;¢% C amortimfion period") from rhe date it bio uaaconformine.
3. The e'faodve date of thdiaaaec 11000 V; -as Septembea, 4, 1990, The fnc (i) year amord=uon
pari Pd cxpircd on Saptembcr 4, 1995.
4. In April, 2002: the Miami Cizy Commission adopted Oridi=ce 12215 which repealed Article 11,
Section 1107.2.2.
5. The Notice of%olation issued for these procecdingrs contains 12Mrgua8e ref=i' g to Atbcic 1 Y as
well as language advising theviolztcr(s) ofthe stews 0' Lhe1r violetioa in araconiancs ai%b other Provisions
"of the City of Miami Code. The wb4ca is propes-
6• The amortization period contained in Article 11, Section 1107.2.2, (1990) cxphnd On September
4, 1995 and therefore a savings elaux i not regviseA to •`save"this Article. The sabJect signs beza--ne
Received Ju1-07-2009 17:23 From -3055774987 To-HWN a HARTSON,L.L. PaQa 003
Jul -07-2003 20:07 From-HOGAN HARTSON L L P 305 459 6650 T-590 P 004/021 F-137
aos confou:nng in Scptarabrr, 1990 2nd Mcgrfti is 5cptc=ber, 1995. The fart max Article 11, Soosaau
1107.22 was xpc&W is afao c_=pzt+�e to tbem psocccdiw as the Wr=r =dpmpose of this secacm
remsin the carne to&7 as tlu.7 did $= 1990 To 1995. The =�pea1 e�'Axdela 2 I, Sctoon i 107:2.2 iti 20SrZ
does not servo tr convert a 4sn Haat was fouu l w be Illegal in 1995 Irrtn ae le -VA siSaL
Wharcfnre, it is ADMDGED ARID OiMER£D as follows:
1. The sabjctt a4ns ane- Mcgal and intro be rernoved witbi 90 days ofthc date- of this Order.
2- If said signs arc not rsmovcd withia the 90 days, the violators VAR each pay a fisc of zwo
hundmd and fifty doUars (5250.00) per dozy urrtil couzplizace wiM this Order_
DONE AND ORDERM in NnamL Miami-narir: Co , v on this 2S" play of Sun e, 20U.
Coplet Famished to:
Carol Lirko, F-Uluire, Spetdal Counsel, 01�r of hfiam4
George Knox, Fsgtutr, ('A msel for Mary L Rah= and Vicncl, lac.
h=1 Max -well, Esquire-, Deputy amity Attorney
2
Received Ju{ -OT -2003 1T:Z3 Prom -inn TT4B®T To-HOGAN & HART50N,L•L. Page 004
03- 7'75
Jul -07-2003 20:07 From-HOGAN & HARTSON,L L P 305 459 6650 T-590 P 005/021 F-137
SFEG-
r- 96M-2031 }
THE CTTY or. MIAMI, VWRIDA -y Tuesday, November 14, 2000
CME �_►v'I' BOARD yt C.R' -16991 CARL06 A CtMENE2 r
*s Stant City Manager "�k c No: 0016991 City Manager
TERESITA L. FERNANDEZ, RA., &I.C.P. • .. ;P �{
Cb.s C
I7€ Wjgi5 rfiCg M1
M1AINC Aadcess: Z24 SW 6'STO1-0104-000-1020
1019 FIFTH ST Polio:: 01-0204000-1020 N
1UA Aa BEACH FL Laud: C'TfY OF MIAMI SOUTH PB B-41 PT
LOTS 3 & 4 DESC-BEG SW COR LOT 4 �
N15OFT E220$PT SELY AD 59.65FT
SF4ti.59Fr W35.581FT S75FT W TO POB do ALL �
LOT 5 DLK 40 n
33139.6504
Tenant:
I tearing Daft- Wedrusday, November Os, 2000
5. 1 XNA E. 1.0 1 lZ I M V \1 A A rtl' Tt4."lt LS) ii11�_'j
The Code Eufarcement Board has found you guilty of violating the fallowing laws, including Zoning Ordinance of
the aLy u[Miaud, Pfurhlu (Orahli uvo 11000, w, aauc,ulvd):
City Codc SECT. 10-3 OF THE CITY CODE WHICH REFERSTO SECT. 301.1 OF THE SFBC. WORK
COMPLETED 11 rMOUT A PERMIT.
Zoning Ord. ART. 926.15 NONCONFORMING OUTDOOR AL)V> Kf1S1NG SIGN
You arc hereby ordered to correct: said violation by Wednesday,Mareh; 7, 2001. ;f you fail to comply by said date,
yon will thereafter be fined the start of 250 per day. It is your responsibility to advise the Inspector immediately
after the violation has been corrected to obtain an Affidavit of Compliance. Failure to obtain an Affidavit of
Compliance will result in the coututuing accnW of the daily fine.
A certified copy of this Order may be rocordod in the Public Records of Dade Courny =d thereaflef shall constitute
a Nen a8ainst the above refbmnced property and any other real or personal property that you own. LIENS THAT
REMAIN UNPAID FOR TMtEE (3) MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate
of Use and Occupasional Licensa of any business occupying this propmM may be suspended or withheld. Operating
a business without all required licenses is illegal under state and city law, and is punfsbablc by vriutiutl alteat a&uvor
closing the bts'One=.
Should you have any questions regarding dds Enforcement Order, or if you wish to advise the Code Enforc+ment
Board that the violation has been correc�, please call ISRAEL IBANEZ at
City of Miami Code Enforcement Donrd
40. &- X. ".': e"
Teresita L Fernandes, Chief of He ring Boards and
Deputy City Clerk
ftcucxty Awty-W.1L 1Q4X240'3 GOCii
a0CEc0UWrr. ROFICw-
Racor D vYFlirw J
HARVEY RUVIN
Cl EAK CWWIT COdFVT
ThIS 610 � l� 1[0.Sf$ a hue aAd corledoap�r of tfie Cade
6lioltmm Olde(. ,' oa d
ARM (S) for CaLi,j ll
Ili cfit'0,lp B : _ ,
IF
Temica' 1_Y. ez
�l�ididpyu�
r
OMCE Of 1- WING BOAR6S t ftp, 19. 330709 / M;arm. Florida 3323341708 11.305) 416-2030
Reoelvad Jul -07-2008 17123 From -8066774887 To-HOGAN a HARTSON,L.L. pate ,0 r7
tj
CITY OF MIAMI 19
CITY ATTORNEY'S OFF'ICI
MEMORANDUM
TO: Mayor and Members of
FROM: Alejandro Vilarello
DATE: July 8, 2003
RE: Proposedon for City Commission Meeting — July 17, 2003,
Approving S ement of Mary E. Bolton, Vicnel, Inc. and Carter Outdoor
Adverdsin , Inc v. City of Miami and related Billboard Code
Enforcement proceedings.
The attached proposed Resolution accepts a settlement in the case of Mary E. Bolton,
Vicnel, Inc. and Carter Outdoor Advertising, Inc v. City of Miami, Appellate Case No. 02-
302 -AP, in the Appellate Division of the I Vh Circuit Court in and for Miami -Dade County.
It would also settle, with concurrence of the applicable Code Enforcement Hearing Officer,
all related Code Enforcement proceedings.
This matter arises out of the City of Miami's ("City") efforts to enforce provisions of its
Zoning Ordinance relative to the location of certain signs ("billboards") within the City.
Since April 2001, Carter Outdoor Advertising, Inc. ("Carter"), as well as other outdoor
advertising companies, has disputed, in administrative code enforcement proceedings and
Court, the legality of City ordinances regulating signs. Specifically, they challenged the
applicability of certain sign ordinances to billboards owned by Carter, and the effect of State
laws on the enforcement of such City ordinances.
The City has contended that the twenty (20) signs owned by Carter and located within
the City, were either improperly located in a prohibited zoning district or otherwise violated
City regulations. The proposed Settlement Agreement ("Agreement") would resolve all
disputes with Carter related to the enforcement of existing City of Miami sign regulations.
Pertinent provisions of the Agreement are as follows:
a. Carter owns 20 signs that are located within the jurisdictional limits of the City of
Miami. Carter voluntarily removed two of those signs subsequent to the start of
enforcement proceedings. (See "Exhibit A" to Agreement.)
b. Carter shall remove two (2) additional signs now in C-1 zoning district(s) (see
"Exhibit B" to Agreement) no later than December 31, 2023. Or, in the
alternative, no later than December 31, 2008, and upon the payment of Twenty
Thousand Dollars $20,000 per sign, relocate them to a C-2 or less restrictive
zoning district.
ry t� r
L:\13Solon=\Men=Lett=Chwu\W902.doc a
Settlement Memorandum
July 8, 2003
Page 2
Mary E. Bolton, V icnel, Inc. and Carter
Outdoor Advertising, Inc. v. City of Miami
C. Carter waives any rights to seek compensation for removing the aforementioned
four (4) signs, and shall provide a Performance Bond no later than December 31,
2022, equal to the value of each sign shown on Agreement's "Exhibit B" that
remains in a C-1 zoning district on that date. Remedies of specific performance,
injunctive relief and liquidated damages shall also be available to City to enforce
compliance with Agreement.
d. City shall allow signs shown on Agreement's "Exhibit C" to remain in existing
locations; subject to Carter's payment of an annual permit renewal fee of One
Thousand, Five Hundred Dollars ($1,500.00), and beginning one year from the
effective date of Agreement. The CPI Cost of Living Index shall increase the
renewal fee beginning in 2006 and each year thereafter. Carter shall pay a Five
Thousand. Dollar ($5,000.00) per permit fee for replacement of any missing
permits.
e. Within ten (10) days of the effective date of Agreement, Carter shall pay City
Three Hundred and Fifty Thousand Dollars ($350,000.00) to satisfy existing fines,
extinguish enforcement liens, pay permit fees due from January 1, 2000 to date of
Agreement, and reimburse City for expenses it incurred as a result of the City's
enforcement proceedings against Carter's signs ("Reimbursement Payment").
f. Upon receipt of Reimbursement Payment, City shall take action to vacate and set
aside administrative Code Enforcement Orders (Composite Exhibit D to
Agreement), all Parties will dismiss all enforcement and litigation proceedings,
and City will conditionally allow Carter's signs to remain.
g. Carter shall replace all signs twenty (20) feet or higher shown on Agreement's
"Exhibit C" that are currently multiple I-beam construction, with monopole
structures, one structure per month, commencing January 1, 2004, until all such
structures have been replaced.
h. Carter may restore, with conditions, visual access to a lawful sign that may
become obstructed by a State -constructed sound wall.
i. Until December 31, 2028, Carter may relocate or replace any sign shown on
Agreement's "Exhibit C" within the same zoning district according to relocation
standards to be developed by City.
j. In each year between July 1, 2003 and June 30, 2024, as a "Public Service," Carter
shall provide City with outdoor advertising space within City and other major
Florida media markets to publicize City's events and related activities. City shall
provide the sign copy to be displayed and pay cost of installation.
Additionally, the Agreement:
1) Acknowledges that City has not waived its right to compel removal of
Carter's signs through normal Eminent Domain or purchase proceedings,
nor has Carter waived the right to compensation for such removal.
2) Provides that City will not take action against Carter's sign location property
owners.
L:\13Solomon\MemosLettemChans\W902.doc
Settlement Memorandum
July 8, 2003
Page 3
Mary E. Bolton, ✓icnel, Inc. and Carter
Outdoor Advertising, Inc. v. City of Miami
3) Provides "Most Favored Nation" status for Carter, thereby providing Carter
the option of being governed by terms of any future settlement agreement(s)
between City and other billboard owners.
4) Provides for Carter's assistance in drafting, execution of code amendments,
and execution of documents necessary to effectuate this Agreement, as well
as City's cooperation in resolving related issues, if any, with Miami -Dade
County.
5) Provides that Carter shall comply with electrical and building regulations
when pulling reconstruction permits for billboards.
6) Provides that Carter shall indemnify, defend and hold City harmless from
and against all claims challenging the efficacy, validity or constitutionality
of the Agreement or enabling legislation.
Special Outside Legal Counsel, Hogan and Hartson, L.L.P. has represented the City in
all matters relating to the subject administrative proceedings and litigation. Said law firm
and the City Manager join this Office in recommending this Settlement Agreement to you
for your consideration and approval.
W902:JEM:rcl
Attachment(s)
c: Joe Arriola, City Manager
Priscilla A. Thompson, City Clerk
Hogan and Hartson L.L.P.
Elvi G. Alonso, Agenda Coordinator
op3- 77'o
L:\BSolomon\MenmsLetteisCharts\W902.doc