HomeMy WebLinkAboutCC Appeal Letter & Supporting DocumentsTEW • CARDENAS LLP
A T T O R N E Y S A T L A W
MIAMI • TALLAHASSEE • 'WASHINGTON DC
A HAND A I.,. Q UI RKE
bF'II rl:l° lil R:c T l.,Iti1: 305.5.36.8216
E-htut;: AQ(1 temlhiwxum
February 19, 2009
Ms. Teresita Fernandez
City of Miami
Clerk of the Hearing Boards
444 S,W. 2nd Avenue
Miami, Florida 33130-1910
FOUR SEASONS TOWER
15TH FLOOR
F;":'j 1441 BRICKELLAVENUE
1 1 MIAMI, FLORIDA 33131-3407
T 305.536.1112 "I
.E. F 305.536.1116 J
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Re: NOTICE OF APPEAL - Building Permit Application for
Construction of Billboard at 1700 SW 3`d Ave.
Dear Ms. Fernandez:
Please consider this as a notice of appeal of the zoning board's decision upholding
the denial of a building permit for a sign located at 1700 SW 3rd Ave. ("the Sevennine
Sign"). On November 6, 2008, Outlook Media of South Florida LLC ("Outlook")
submitted an application for a building permit for the Sevennine Sign (attached as Exhibit
A). On November 14, 2008, Outlook filed a petition for writ of mandamus ("the
Petition"), requesting an order directing the City to process and issue a building permit
for the Sevennine Sign.
The zoning achuinistrator, Lourdes Slazyk, issued a letter denying the building
permit for the Sevennine Sign on December 8, 2008 (the "December 8 Letter," attached
as Exhibit B). Outlook appealed the zoning administrator's determination to the zoning
board. On February 9, 2009, the zoning board denied the appeal (copy of Resolution
attached as Exhibit C). This is a notice of appeal of the zoning board decision, in
accordance with Article 20 of the City of Miami Zoning Code.
In the December 8 Letter, the zoning administrator cited the lack of evidence of
the following items as reasons for denial of the building permit:
1. CBS consent to, approval of, or joinder, in the application for the Sevennine a„, 5
Sign; 4
2. Assignment of rights in the CBS Settlement Agreement to Outlook approved
by the City Commission;
3. FDOT permit for the Sevemiine Sign;
4. Satisfaction of the sign removal requirement; to
5. Payment of the permit fees. ;a
Ms. Teresita Fernandez
February 19, 2009
Page 2 of 7
None of these reasons are a basis for the denial, because Outlook has clearly met
all of the requirements for issuance of the building permit, including those cited by the
City in the December 8 Letter. In fact, the City has previously approved the location of
the Sevennine Sign, and certified that the Sevennine Sign "is in compliance with all
duly adopted Iocal ordinances and has been or will be issued the necessary permits."
Thus, the building permit should be issued immediately, in accordance with the City's
previous certification, and for the following reasons.
CBS has consented to the application for the Sevennine Sign
On or about May 1, 2008, CBS and Outlook entered into a Letter of
Understanding (attached as Exhibit D), which set forth the terns and conditions for the
assignment of Amended Permits to Outlook. In accordance with the Letter of
Understanding, CBS transmitted a May 2, 2008 letter to the City of Miami authorizing
Outlook to file applications for outdoor advertising permits.
A. The May 2, 2008 letter is CBS authorization for the Sevennine Sign
In the December 8 Letter, the City cites a May 2, 2008 letter from CBS to the City
of Miami which states that "CBS Outdoor, Inc. consents to Outlook Media of South
Florida, LLC filing Applications for Outdoor Advertising Permits with the Florida
Department of Transportation on our behalf." See Exhibit E. Based on this letter, the
City signed the FDOT form 575-070-04 for the Sevennine application, certifying that "is
in compliance with all duly adopted local ordinances and has been or will be issued the
necessary permits." See Exhibit A. Thus, the City previously recognized CBS' consent
to the Severmine Application.
At the zoning board hearing on February 9, 2009, the City attempted to argue that
CBS only authorized Outlook to file FDOT forms for outdoor advertising signs, but not
building permit applications. This argument must fail because an FDOT permit and a
building permit are inextricably intertwined- the City signature on the FDOT form is
approval of the LOCATION of the sign, and the building permit is approval of the
STRUCTURE.
The City admitted on the record at the February 9, 2009 zoning board hearing that
since CBS is not the lessee or property owner of the Sevennine location, the City could
not issue a building permit to CBS for the Sevemune Sign. Therefore, Outlook has to be
the applicant on the FDOT form and the building permit application because an
ownership or other interest in a property is required for both applications.
Since the FDOT and building permits are inextricably intertwined, the
authorization to file FDOT forms for the location is necessarily authorization to file
building permit applications for the structure- the permits cannot be separated, The City
cannot claim that it would approve the location for the sign for Outlook, but would only
TEw CAIZDENAs LLP
Four seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Ms. Teresita Fernandez
February 19, 2009
Page 3 of 7
approve the structure for CBS. Therefore, the May 2, 2008 letter is clearly evidence of
CBS consent to the FDOT and building permits for the Sevennine Sign, as previously
recognized by the City.
B. The City certified that the Sevennine Sign "is in compliance with all
duly adopted local ordinances and has been or will be issued the
necessary permits"
The City asserts that Outlook is not entitled to a building permit for Sevennine
because Section 10.4.5 of the City code states that no new outdoor advertising signs shall
be issued, except pursuant to a Settlement Agreement authorized by Resolution.
However, on June 26, 2008, the City certified that the Sevennine Sign "is in compliance
with all duly adopted local ordinances," including Section 10.4.5, The City recognized
CBS consent to the Sevennine Application.
Thus, the City cannot now assert that there is no evidence of CBS consent to the
building permit application, because the City recognized the consent in approving the
location of the Sevennine Sign. As discussed above, the FDOT permit and the building
permit are inextricably intertwined, and consent to the FDOT application is necessarily
consent to the building permit application. Therefore, there is undeniably evidence of
CBS consent to the Sevennine application, as previously recognized by the City.
C. CBS affirmed their consent in a letter dated October 24, 2008
CBS Outdoor sent a letter on October 24, 2008 (attached as Exhibit F), listing
Sevennine as a CBS location pending resolution of State issues, This is further
affirmation of CBS consent to the Severmine application. Therefore, there is evidence of
CBS consent in the May 2, 2008 letter, which has been affirmed by CBS in the October
24 letter to the City of Miami. Thus, there is evidence of CBS consent and this is not a
proper basis for denial of the building permit.
City Commission Approval is not required for
Assignment of an Amended Permit
A. City Commission Approval is only required for an assignment of "all of the
rights and obligations of CBS under this Agreement"- NOT for an
assignment of an Amended Permit
In the December 8 Letter, the City cites Section 19(f) of the CBS Settlement
Agreement to assert that CBS has not assigned any rights under the CBS Settlement
Agreement to Outlook. Section 19(f) states that an assignn-lent will not be valid unless
(1) the assignee shall execute an Agreement to be bound by the terms and conditions of
this Agreement and to accept all of the rights and obligations of CBS under this
Agreement; and (2) the assignment is approved in writing by the City Commission...
TEW CARDENAs LLP
Four seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Ms. Teresita Fernandez
February 19, 2009
Page 4 of 7
An `assignment' has been defined as a contract to transfer a complete and
present interest in property or some other right. Florida Power & Light Co. v. Road
Rock, Inc., 920 So.2d 201 (Fla. 4" DCA 2006). In FPL v. Road Rock, the court found
that the assignment of rights required the written consent of the other party. However,
the language in that agreement was unequivocal- "[n]either this contract nor any interest
herein shall be assignable by either party without the written consent of the other," Id.
(emphasis supplied). On the contrary, the CBS Settlement Agreement requires City
Commission approval for any assignment in which the assignee accepts "all of the rights
and obligations of CBS under this Agreement."
Therefore, since the assignment of rights was only an assignment of some rights
under the CBS Settlement Agreement, and was not a complete assignment of "all of the
rights and obligations of CBS under this Agreement," City Commission approval is not
required.
B. The partial assignment of rights to Outlook was ratified by the City
The City signed FDOT Form 575-070-04, which is a ratification of the partial
assignment of rights to Outlook under the CBS Settlement Agreement. The City took
notice of the assignment, with the May 2, 2008 letter and the Sevennine Agreement.
Thereafter, the City signed the FDOT form for Sevennine, which was a ratification of the
partial assignment of rights.
The City admitted at the zoning board hearing that an FDOT form would not be
approved for an entity without a settlement agreement. Thus, the approval of the FDOT
form for Sevennine is necessarily a ratification of the assignment, and recognition of
rights pursuant to the CBS Settlement Agreement. Based on the ratification, the City
cannot now claim that the assignment was invalid.
C. The City is estopped from asserting that the assignment of rights to Outlook
requires City Commission approval
The first time that the City asserted that assiguuxlent of rights to Outlook required
City Commission approval was the December 8 Letter denying the building pennit for
the Sevennine Sign. In fact, the City recognizes the May 2, 2008 letter from CBS as
authorization for Outlook to submit FDOT applications for outdoor advertising signs.
The City never asserted that this May 2, 2008 authorization required any City
Commission approval. In fact, the City signed the local govenunent permission section
of FDOT Farm 575-050-04 on June 26, 2008, certifying that the outdoor advertising sign
is "in compliance with all duly adopted local ordinances and has been or will be issued
the necessary permits."
TEw CARDFNAs LLP
Four seasons Tower, 15th Floor, 1441 Drickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Ms. Teresita Fernandez
February 19, 2009
Page 5 of 7
The City acknowledged that the reason the City signed the FDOT form 575-070-
04 for Sevennine was because Outlook had authorization from CBS. The City stated on
the record that an FDOT form would not be accepted from any entity- it had to be an
entity with a settlement agreement or that was otherwise authorized to file forms in
accordance with one of the settlement agreements. Thus, the City recognizes that the
May 2, 2008 authorization was an assignment of rights, but the City did not require City
Commission approval prior to approving the location of the Sevennine Sign.
At the zoning board hearing on February 9, 2009, the City attempted to argue that
CBS only authorized Outlook to file FDOT forms for outdoor advertising signs, which
authorization was not an assignment of rights. However, this argument must fail because
as previously discussed, the FDOT and building permits are inseparable. The City had to
recognize an assignment in order to approve the location of the Sevennine Sign- the City
cannot assert that City Commission approval is required for the structure (the building
permit), but not for the location of the sign (the FDOT form). The approval of the
location requires the recognition of the assignment of rights under the CBS Settlement
Agreement, and the City is estopped from now asserting that approval of the structure is
an assignment which requires City Commission approval.
Outlook relied on the City's signature on the FDOT form 575-070-04, and
incurred significant expenses incurred in securing a permittable location for the sign, as
well as expenses incurred in an administrative hearing in pursuit of the FDOT permit for
Sevennine Sign. Therefore, the City is estopped from now claiming that the City
Commission must approve the assignment of the Amended Permit.
An FDOT Permit is Not a Prerequisite to the
Issuance of a Building Permit
There is no requirement in the City of Miami code, or the CBS settlement
agreement, that proof of an FDOT permit is required as a prerequisite to the issuance of a
building permit for an outdoor advertising sign. It is acknowledged that both a permit
from the City and FDOT is required for the construction of an outdoor advertising sign.
However, the issuance of the FDOT permit is not a prerequisite to the issuance of a
building permit. In fact, FDOT accepts a building pen -nit for an outdoor advertising sign
as evidence of local government permission,
Thus, neither is a prerequisite to the other. The Sevennine Sign application has
been complete and pending approval contingent upon the resolution of the administrative
appeal for the sign proposed at 299 SW 17i1' Rd. (See Letter frond FDOT dated July 3,
2008, attached as Exhibit E). FDOT issued a Final Order denying the conflicting permit
on January 22, 2009 (attached as Exhibit G). Although this Final Order has been
appealed to the First DCA, case law is abundantly clear that "[a] party cannot raise issues
on appeal that were not properly excepted to or challenged before an administrative
body." See Cornm'n on Ethics v. Barker, 677 So.2d 254, 256 (F1a.1996); Couch v.
TFw CARDENAS LLP
Four seasons Tower, 15th Floor, 1441 Drickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Ms. Teresita Fernandez
February 19, 2009
Page 6 of 7
Comm'n on Ethics, 617 So.2d 1119, 1124 (Fla. 5th DCA 1993); Kantor a Sch. Bd. of
Monroe County, 648 So.2d 1266 (Fla. 3d DCA 1995); Henderson v. Department of
Health, Bd. of Nursing, 954 So.2d 77 (Fla. 5" DCA 2007).
Therefore, Outlook is confident that the appeal will be summarily dismissed,
which will allow the processing of the FDOT application for the Sevennine Sign. Most
importantly, although an FDOT permit will be required prior to construction of the
Sevennine Sign, the FDOT permit is not a prerequisite to the issuance of a building
permit by the City of Miami. Therefore, the pending FDOT permit is not a basis for the
denial of a building permit for the Sevem-line Sign.
Compliance with all requirements- Sign Removal and Permit Fees
At the zoning board hearing on February 9, 2009, the zoning administrator
admitted on the record that (1) the sigh removal requirement is a prerequisite to the
construction of the outdoor advertising sign- NOT the issuance of a building permit; and
(2) permit fees are not due until the of issuance of the building permit.
Section 4 of the CBS Settlement Agreement requires that any signs removed in
exchange for an Amended Permit must be removed prior to construction of the new
outdoor advertising sign. There is no requirement, in the City of Miami ordinances or the
CBS Settlement Agreement, that signs must be removed prior to issuance of the building
permit. The zoning administrator conceded this point on the record at the zoning board
hearing on February 9, 2009.
The fact that the pennit fees have not been paid as of this date is not a basis for
denial of the building permit. There is no requirement, in the City of Miami ordinances
or the CBS Settlement Agreement, that permit fees must be paid at the time of application
for a building permit. The zoning administrator also conceded this point on the record at
the zoning board hearing on February 9, 2009- permit fees are not due until the issuance
of the building permit.
Proffered Conditions
In order to obviate any doubts as to Outlook's entitlement to the building pen -nit
application, Outlook is willing to affirm the following conditions:
1. Outlook agrees to travel under the CBS Settlement Agreement, and will assign
the lease, FDOT permit, and building permit for the Sevennine Sign to CBS.
2. Outlook stipulates the Sevennine Sign will not be an LED.
3. Outlook will obtain an FDOT permit prior to construction of the outdoor
advertising sign.
TEW CAM NAs LLP
Four seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Ms. Teresita Fernandez
February 19, 2409
Page 7 of 7
For the aforementioned reasons, Outlook has clearly met all prerequisites for the
issuance of a building permit for the Sevennine Sign, as asserted in the Petition, In
accordance with Section 2001 of the City Zoning Code, any aggrieved party may request
review of the decision of the zoning board. Since Outlook is the applicant for the
building permit in dispute, Outlook is undeniably an aggrieved party of the denial of the
Sevennine building permit, and has standing to appeal this decision.
Therefore, pursuant to Section 2001 et seq. of the Zoning Code, Outlook has
submitted this request for review of the zoning board decision, to preserve any rights,
arguments, or remedies related to the denial of the application for a building permit for
the Sevennine Sign by the zoning administrator.
Sincerely,
Amanda L. Quirke
Enclosures
cc: Santiago D. Echemendia
TEW CARDFNAs LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
I,1
City of Miami t
Building Department
4
Permit Application ,''• { f`O `�4
Process #: 01600 f 136
Total Due
Permit #:
Job Location - . - . '
Owner Lessee Information'
Folio Number. .t- I S5 � to ! 090
Owner: S S j tr r.1�
Job Address: t z W a Zip. 'y'3 0.
Owner's Address: 1 SW 1Za M I -Z31
Le al Address: 1 5
Phone: A E h4ail; F,, A
1.1 it No:
Lessee: O,rri.pe-,t, M N.
Commercial ❑ itesidential ❑ D Ron
Lessee Address: '.'d -q 9 , ),) 1 itw q, 5
❑ Owner ❑ Contractor EdLessee
Phone: 4-07,3r.3. 1';.11'a E -Mail:
:.":"r -:` Contractorinformation
_ GerieralIoformativri
Contractor's License/Registration No: +r l 4 $ c7
Pro osed Use of Building:
Contractor's Social Netur#y Number: L- %S e
Current Use: rnC v1 - L t Ul
Oualifeer'sNnme: g0 L. -Cl 1C
JobDescri tion: v1.s5T�2r�CC��nl �; �t3eFCR7
company's Name: V,24 1LL K rJC 'G>+v -rj c.
New Construction Total Cost? 2cycU 0=-O
Address: t l irin 1:1 t,j TZ ,
New Construction Sq. Ft: }'341y Lineal Ft:
Chi,: Miyh& State: EL. Zip- 5
Remodeling Total Cost:
Phone:
Remodeling Sq. Ft: Lineal Ft:
E -Mail: fjaUnits:ZJA
Floors: Y Height:V� Gallons:
If this is related to another permit, you must provide:
Master Permit Number: Plan No:
"' Threshold Ins ectar
=: Bonding Coin an =`.
Name:
Name: WA
Address:
Address:
Ph one:
Phone:
5 PermitType
^ Engineer/Architect Information
OBuilding ❑ Plumbing
Engineer's Name: r,;=, ei p
❑ MechanicaVAC ❑ Plumbing/Gas
Address: l lbln\3 L
❑Electrical ❑ Doting
Phone: -312 1)r -k9. 12C4 E -Mail: NP
❑ Landscaping Sign
Architect's Name: -�r-A
❑ Electrical ❑ Roofing
Address:
❑ Fire ❑ Mechanical Elevator
Phone: E -Mail: --
Change to Esistln Permit .:
Building Permit only.-.
hange o€ Contractor (CR) [IChange of Qualifier (CQ)
ERe-certificationol'Phins(RC) ElPlans revision (R17)
Permit (CP)
ew Construction ❑ Addition
❑ General Repair/Remodeling ❑ Misc. Buildingompletion
❑ Change of Occupancy ❑ Demolition
❑ Change of ttse
aq
� aU3 dsz�F�t,>n
I understand that separate permits must be obtained for other items (i.e. electrical, plumbing, roofing, etc.), unless specifically
covered by this permit. In signing this application, I am responsible for the supervision and completion of the construction in
accordance with the plans and specifications and for compliance with all federal, state, and county laws applicable.
Owner's Affidavit; I certify that all the forgoing information is correct, Owner Certifies that the aforementioned Contractor has the
authorization to perform the work as specified above.
Lessee's Affidavit; Lessee certifies that he has full consent and authorization from owner of subject property to perform the above-
mentioned work and to hire above captioned contractor.
I have read the information contained in this permit and understand that any misrepresentation may constitutes fraud and could void
the permit.
Sip a CCa til CC :It 11 c tat- D( �IIO'Ta fii truce df ualifier J
Print aitTi 'cF FLv Expires 0-(;w120 I,. Print Name
S
- �' -
State of F unty i- d State of Florida, County of Mrimm=�}e
r
Sw to and sub r, c fore e is Sworn to and subscribed before m t�iis
ay of ) i*/ 20&tA Day of fist L 20
(SEA) (SEA[ )
Person
ersonally known or Produced Ident�ficatiType
�-i�
£Identification oduced L _ ��'�" Type of Identification produced
FOR BUTWING DEPARTMENT USE ONLY
Job Code: i f; j
`l
Ctrfiiricetes Required:
,PISRS,
No. pi'Sheets:. .�
f
o C.O. ri C.0
o No
Tracking required.'
1 w
Application Received by:. Date: f ' PeriniAuthorized by; Date
Rev 2102
Miami -Dade my Horne
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PrOO rtLApTrraiser Tax Estimator
Summary Details:
olio No.: 11ti36-D.01-2070_
Prooerty: 11700SW3AVE
ailingEVENNINE LLC
tidress:
31 SW 19 RD MIAMI FL
3129-
Pmrvewhr Wnrmation:
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Digltal Orthophotography - 2007 D 117 ft
Sale information:
ale OIR: 6461-1880 i� Rome, I �ropvLm intoimas on I Pr4pe_rty_E axes_
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tale Date: 11!2007 I div Neighharhaod I FnOP-Prt -APPraiser
ale Amount: 2,000,000 h{ute I L�sing._Ogr Site [ AbGut I Phone die@ctoq, [Privr4y { G?isclFms?'
Assewment Information:
Addiilonal Information:
inity Development i7lstrict
inity Redevelopment Area
rerment Zone
he Zone
Ise
Development Boundary
if you experience technical difficuitles with the Property Information application,
or wish to send us your comments, questions or suggestions
please email us at 1�Vel}_maste€,
Web Site
O 2002 M[ami-Dade County,
Ali rights reserved,
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140 RESTRICTED
rimary Zane:
COMMERCIAL
LUC:
015 ENTERTAINMENT
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1
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d S Foote e'
287.
at Size:
i 1,746 S4 FT
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1986
HOLLEMAN PARK PS 8-
3 SELY90FT OF LOT 8
BEG SW COR OF LOT
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BLK 14 HOLLEMAN
ascription:
PARK NW l3DFT
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Digltal Orthophotography - 2007 D 117 ft
Sale information:
ale OIR: 6461-1880 i� Rome, I �ropvLm intoimas on I Pr4pe_rty_E axes_
Orn -
tale Date: 11!2007 I div Neighharhaod I FnOP-Prt -APPraiser
ale Amount: 2,000,000 h{ute I L�sing._Ogr Site [ AbGut I Phone die@ctoq, [Privr4y { G?isclFms?'
Assewment Information:
Addiilonal Information:
inity Development i7lstrict
inity Redevelopment Area
rerment Zone
he Zone
Ise
Development Boundary
if you experience technical difficuitles with the Property Information application,
or wish to send us your comments, questions or suggestions
please email us at 1�Vel}_maste€,
Web Site
O 2002 M[ami-Dade County,
Ali rights reserved,
IN
W4
5
h ti)://Risims2.miarni.dade.gov/tnyhorne/propmap.asp 6/2012008
FLORIDA DEPARTMENT OF TRANSPORTATION
at �Fl
RE: Application for outdoor advertising sign permit , A Y r' r"i 08
To be completed by applicant:
Name of Applicant or Company: __C
Sign is: ❑ existing )M proposed
County: ) Municipality, if applicable: -
Highway Name & Number. r - 9 5
Sign location description: , *7 00 97D 3 Ave . /A"rQx 125 c)f 1-95
Section: _1� Township: ^ 5 L4 S _ Range:-
ParcellD##: 01-413$-001-2070 -
To be completed by appropriate zoning official:
Designation of parcel on the Future Land Use Map:
The allowable land uses under this design,,bon are (list ali): 1,,n io
0,111
Current zoning of parcel (from Land Development Regulations): C=am
Tha allowable land uses under this desig ation ar (list all): iii I x Cy`
NOTE: Copies of the applicable pages of the land use documents may be submitted in lieu of listing all allowable use:
above.
Is location within city limits: Yes ❑ No If yes, name of city: —M-La—Q21— --
Please proviiae the name and telephone number of the person the Department may contact if additional information is
required:
Name: L" r'� Telephone #:��-
I certify thal if7e above Information reflects the designation of the parcel as it is shown on the current comprehensive
plan adopted pursuantto chapter 163, Florida Statutes, and that I am authorized to sign this form on behalf of the
countvlmunidpality named above: /
Sign /turaSign tura a Government Official Date
IL i7 v �-5 r` j Z J�7 r IT 4 r7a rr? 1,5
575-07"4
RIGKI OF WAY
oGc-d WW
P6ntsd Name and I lue
NOTE: Fomi must be completed not more than six (6) months prior to receipt of the completed outdoor advertising pE rr crit
application by the Department.
Local Government Permission: Please complete the items below. You may submit another form of written stateme7t
indicating th.atthe.sign complies Wth all local governmental requirements, For a proposer[ sign location, a copy of the
building permit issued by the local government may be submitted.
The outdoor advertising sign identified in this application:
is in compliance with all duly adopted local ordinances and has been or will
ordinances,
'sssued the necessary perm is
:s not in compliance with local ordinances, but is legally existing as a non -conforming sign.
His not In compliance with local ordinances and is/would be considered to be an illegally maintained structure.
I certify that I represent the governmental ontity within whose Jurisdlctlon the sign described herein is }orated and that Ji 3
rtrm-n-rAmatlort, reflected in this section i,� made under my delegated authority,
Si not f Local Gover7�z
t officiat Date /
Printed Name and Title
NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising pen alk.
application by the Department,
Lease No:: .
OUTLOOK MEDIA OF SOUTHFLORIDA, LLC
GROUND LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made -and entered into this J . day of May, 2008, by and between. SEYENNINE
LLC, whose address is 331 SW 19, Road WatnL FL 33129"(referred to herein as "Lessor''), and OUTLOOK MEDIA OF SOUTH
FLORIDA, LLC, 2295 South Hiawassee Road, Suite 203,TVTrido;Tlorida 32835•[referred to herein as "Lessee"). In consideration of
the mutual covenants and representations heroin -contained, Lxssor and T essee. eglue as'foliows;
Pescription of Property: In consideration of the lefif pfovided for 11; this Lease,. Lessor leases to Lessee real property belonging to
Lessor located a 1700 3 Ammue,,in the City of Miami , County of Miami -Dade, State of Florida, and more particularly described as
-follows, (referred to herein as the "Property"): parcel ldentiAcation ;number 01-4138-001-2070, or legal description attached hereto
Exhibit A and made a part hereof.
Use of Property: Lessee shall use the Property for the .purpose of erecting, operating, repairing, maintaining..improving, modifying
and removing one (1) illuminated outdoor adverdsing-sigri (referned10 herein as "adveidsing display"). Lessor hereby grants to Lessee,
any agent of Lessee,. and/or any subcontractof working on behalf of Lessee with the free right of ingress and egress, by all means, over
so much of the Property as may be required for the temporary and intermittent staging,ofmaintenance trucks, equipment, and/or
personnel for the purpose a£ erecting, operating, repairing, maintaining, improving, modifying and removing the advertising dimplay,
including all necessary utility service.
Term: The Development Term of this Lease shall commence upon execution of this document or the expiration of the existing lease, if
applicable, and shall continue until the brection .of the advertising display with Illumination has been completed and receipt of a full and
final inspection from the applicable governmental authority has been received. The Initial Term of this Lease shall commence upon the
expiration of the Develapruent Term (hereinafter called "the effective date") and unless terminated earlier in the manner herehiafter set
forth, shall continue for an initial period of years from the, first day of the first month following the effective date. Upon
expiration of the Initial Term, this Lease shall automatically renew for consecutive year periods (hereinafter called "the Renewal
Term" ), until such time as either party gives the other party a minimum ofjjjM days written notice that. the Lease will terminate at
the end of the then cuirent term.
Consideration: Lessee shall pay a one-time, non-refundable fee for the Development Term of this Agreement in the amount opqW
upon the completed execution of this Agreement by all artier. Lessee shalt pay Lessor an arinual
base rent, during the Initial. Term and any Renewal 'Perm, in the amount ofORNWAN to be paid is
12 monthly installments, and such payment shall commence on the.effective date,
Notices: Notice sent under this Lease shall be writing and sent by certified mall, to the addresses listed herein.
Binding Effect: Lessor represents and warrants that he is the owner in fee or the authorized agent of the owner in fee of the Property
and that Lessor has the right and authority to enter into this Lease. It is specifically intended that the lights, benefits, and liabilities
created hereunder shall run with the Property for the term of this Lease and are thereby binding upon and inure to the benefit of Lessor,
Lessee, aird their respective heirs, personal representatives, assigns, and successors. This agreement may be assigned by either party.
Lessor agrees to notify Lessee of a change or transfer in ownership or control of the .Property thirty (39) days in advance of such change.
Taxes: Lessor shall be responsible for all taxes levied against the Real Property and Lessee shall be. responsible for all taxes levied
against the advertising display.
"LESSEE"
OUTLOOKEDIA OF O 'IH FLORIDA, LLC
"LLSSO „
SEYENN C
BY:
ITS: OV ITS: p �y
Address: 2295 South Hiawassee Road, Suite 203 Address: til! _ l�i�t POP �,�
Orlando, FL 32835
Telephone: .407 363-1212 'Telephone: Ras:
SS# o ax ID
THIS LEASE 19 SUBJECT TO THE TERMO Ai+7Il CONDITIONS ON BOTH SIDES OF TATS LEASE.
STANDARD CONDITIONS
Compliance With The Law*, In its use ot the Property, Lessee shall fully comply with all applicable federal, state, county, and municipal
statutes, rules, regulations, and ordinances. Lessee shall secure from the proper authorities all required licenses and permits before commencing
construction of the advertising display on the Property.
Revairs_and Maintenance. Lessee shall, at all times during the term of this Lease, keep all Improvements placed by Lessee on the Property in
good repair, and shall maintain them at all times in a clean and attractive condition.
Annul ]3asent Increase_
Qwnershiy, of IW
provements: All improvements and ancillary equipment and structures erected or placed by Lessee on the Property shall
remain the sole and exclusive property of the Lessee. Lessor acknowledges and- confirms i essee's Tight to negotiate, settle, or litigate its
ownership rights in the advertising display as separate and compensable interests.with any condemning authority or other such party separate
from Lessor. If.the Property or parent parcel containing the Property is subject to an expropriation or eminent domain proceeding or is subject to
rezoning, Lessor shall notify Lessee in writing within fifteen (15) days of becoming aware of such proceeding or action. -
Governmental Aprroval: Lessee's obligations under this Lease are contingent upon the governmental authorities issuing Lessee the necessary
approvals to own, erect; repair, maintain, improve, modify and remove.the advertising display. All costs and expenses associated with obtaining
said approvals shall be holm by Lessee and. Lessor PhO cooperate fully with Lessee and ehall execute all instruments necessary or appropriate
to obtaining this approval. Lessee may terminate this Lease during the Development Term and if the governmental authority, for whatever
reason, does not issue Lessee the necessary approvals the Lease shall automatically terminate without cause.
Prohibition Against Blocking the View:Lessor shall not install, or perinit to be installed, any structure nor allow any trees or other objects to
exist that would block, impair or interfere with rite uninterrupted access to or view of Lessee's advertising display over and across the Property
and Lessee shall have the right to remove any object or trim any trees that may obstruct the view of Lessee's advertising- display.
Indemnity: Lessee agrees to hold Lessor harmless from any and all damages to persons or property by reasons of negligent or willful acts by
Lessee or Lessee's agents or employees in the construction, operation, maintenance, repair, change or removal of the advertising display:
Lessee agrees to carry, at its own cost and expense, adequate public liability insurance (General Aggregate - $2 Million, Personal & ADV
Injury, Ench Occurrence - $1 Million and Worker's Compousadon,'cach accident- $500,000) covering any such contingency so long es the
advertising display shall remain on the Property. Lessor agrees to hold Lessee harmless from any and all damages resulting from any negligent
or willful act of Lessor.
Din sputes: In.the event of any dispute as to any party's compliance with the terms hereof or as to the validity of this Agreement, both parties
acknowledge and confirm that this Agreement shall be governed by the Uniform Commercial Code, Section 2A titled "Leases." In the event of
any aforementioned dispute, the prevailing party in any legal action related thereto shall be entitled to recover all of its attorneys' fees and costs,
whether incurred before trial, at trial or upon all appellate levels. Lessee's principle place of business is in Orlando, Orange County, Florida.
Accordingly, any disputes shall be governed by Florida law and shall be brought in the Circuit Court, Orange County, Florida.
Severabilltr If any provision of this lease is determined by a court of cam-petent jurisdiction to he illegal or otherwise unenforceable, such
provision shall be.d=ed to be deleted and this lease shall be read, interpteted and enforced without such provision.
Entire Afreement: . This Agreement contains the entire understanding between the parties hereto. There are no other representations,
arrangements, understandings or agreements, oral or written, among parties hereto, relating to the subject matter, hereof. No changes,
alterations, modifications, additions, or qualifications to the teens of this Agreement shall he made or be binding unless made in writing and
signed by all parties hereto. This. agreement shall be deemed to have been executed and its terms and conditions accepted only upon the
acceptance by an authorized agent of Company.
North
0 700' 200'
Scale I`=100'
Date, May 21, 2008
PhysleaE Address Owner Narne Billboard
J-700 SW 3 AVE: SEVEMNWE LLC
Site Plan
Notes 331 SW 29 12OAp
Face of BWboard 4B feet MIAMI FL 33y 4 -
Pole Diameter 40" sheet number
1 Qt 1
A
12/12/20BB _ 15:37 8775489120
%j-vtt-V
Seneunine LLC
331 SW 19`a Road
Miami, FL 33129
vrf
��G1KVO/rA��7�
d,.Clio IWO �
December 81 2008
Outlook Media of South Florida, LLC
2295 S, Hiawassee Rd., #203
Orlando, FL 32835
PAGE 02
PEDRO C. HPPNANDEZ, P.E.
Cigy Manager
ICERTIPTEO MAIL
RETUPS RECEIPT(5) REQUESTED
7006 2760 0001 5320 2759
7006 2760 0001 5320 2742
Re: Building Department Permit Application for Construction of Billboard
,fob Site: 1700 Ste' 3'd Ave-, Miami, FL
Sevennine Site
Gentlemen:
The Building Department is in receipt of a Permit Application, received
November 6, 2008, for the construction of a billboard at the above -referenced location,
This Application is denied for the following reasons.
Section. 10.4.5 of the Miami Zoning Ordiunce provides as follows:
10.4.5. Outdoor advertising sigizs; new signs of outdoor
advertising prohibited,
For the purposes of this section, "Outdoor advertising
signs" are signs used in the conduct of the outdoor
advertising business, an outdoor advertisi)ag
business, for the purpose of this section, is defined
as the business of receiving or paying money for
displaying signs where the sign copy does not
pertain to the use of the property, a product sold, or
the sale or lease of the property on which the sign is
displayed and which does not identify the place of
business as purveyor of the merchandise or services
I
advertised on the sign.
i
Except as otherwise provided in Articles 4 and IQ and/or
the City Code, or,__ pursuant to this subsection no
new freestanding "Outdoor advertising signs, as
defined above shall be avowed.
DEPARTMENT OF ZONING
44$ 5.w. 2nd Avenue, 4"F1por, Miami, FL 3313[1 (305) 416-1499 Telecopier (305) 416-1490
Mailing Addre5s= P_O. l30x 330706 fv1)ami, Horida 33233-0708
12/12/2008 15:37 8775485126
Sevenaine, LLC
Outlook Media of South Florida, LLC
December 8, 2008
Page 2
With respect to existing outdoor advertising signs, Section
926.15 "Outdoor advertising signs" of Ordinaz er,
11000 adopted in 1990, the Zoning Ordinance of
the City of Miami, and dealing with "Outdoor
advertising signs," is hereby repealed to the extent it
is inconsistent with any provision contained in this
Article. Nothing, however, in this Article shall
affect those provisions of Section 926.15 requiring
the termination, and removal of freestanding outdoor
advertising signs from the premises on which they
were located not later than. five (5) years following
the date they became nonconforming as a result of
the passage of Ordinance No. 11000 in 1990, and
such provisions shall continue to be operative and
given full, force and effect. Moreover, nothing in
this Article shall affect any legal proceedings begun
and all legal proceedings that might have been
begun under these provisions of Ordinance No.
11000, as adopted in 1990, and such proceedings
skull be given full force and effect.
Notwithstanding py provision of this Zoning Ordinance to
the contrary, ermits for outdoor advertising signs
may be issued pursuant to a Settlement Agreement
authorized b Resolution passed b the Cit
Commission in conjunction with the settlement of
related_,_ litigation, which earessly_ _authorizes
issuance of such permits fox said outdoor
advertising si ns and then only under the terms and
conditions of settlement agreements that result in a
net reduction in thepaity to the settlement's number
of outdoor advertising signs located in. the City £
Miami,
PAGE 03
Cousequently, no new "Outdoor advertising signs" are permitted in the City of
Miami Oerekxiafter the "City") except pursuant to a Settlement Agreement authorized by
the City Cozy misaion that results in a net reduction in the number of "Outdoor advertising
signs" located in the City, The City Commission authorized such a settlement agreement
with CBS Outdoor, Inc. (hereinafter "CBS"), on April 28, 2008,
Under paragraph 4 of the CBS Settlement Agreement, CBS is required to comply
with all applicable Florida Department of Transportation (hereinafter - "FDOT")
regulations for any Outdoor advertising sign constructed under the Settlement
Agreement. FDOT requires a pen -nit £oz the construction of Outdoor advertising signs, to
j enforce their spacing regulations, FDOT requires theapplicable Municipality to sign -off
j on the permit prior to its issuance.
12/12/2008 15:37 8775429120
Sevennine, LLC
Outlook Media of South Florida, LLC
December 8, 2008
Page 3
PAGE 04
On May 2, 2008, CBS authorized Outlook Media of South Florida, LLC.
(hereinafter "Outlook Media"), to file applications for outdoor advertising permits with
FDOT on -CBS' behalf, and notified the City of that authorization. (See letter attached as
Fxhibit 'W ),
On June 26, 2008, pursuant to CBS' written authorization of May 2, 2008, the
City executed a FDOT Applicatiou for Outdoor Advertising Sign Permit for the above -
referenced site, indicating that the Outdoor advertising sign identified in the Application
"[i]s in compliance with all, duly adopted local ordinances and has been oz will be issued
the necessary permits," (See FDOT Permit Application attached as Exhibit "B"), To
date, the City has not been provided any information that an FDOT permit has been
issued for this site.
Under paragraph 19(f) of the CBS Settlement Agreement, CBS has the right of
assignment of its rights and obligations under the settlement agreement, but only After
any attempted assignmerkt is approved in writing by the City Commission. Any
attempted assignment in violation of these requirements is void. The City has not been
ezlce that CBS has assigned its rights under the CBS Settlement
provided with any evid
Agreement to Outlook Media with regard to this Outdoor advertising sign, nor has the
City Commission been requested to approve any such assignment.
On November 6, 2008, Outlook Media, as lessee, and Sevennine, LLC., as owner,
submitted to the City the subject Permit Application for an Outdoor Advertising Sign at
the above -referenced site without providing any evidence of. (a) CBS' consent to,
approval of. or joinder in, the Application; (b) an assignment of rights in the CBS
Settlement Agreement to Outlook Media approved by the City Commission; and/or (c)
the satisfaction of the other requirements for the erection of an Outdoor advertising sign
under the CHS Settlement Agreement, including, but not limited to, the applicable sign
removal requirements and permit fees. This is in addition to the failure to secure an
FDOT permit for this site as indicated above. These material omissions prevent us from
taking any further action at this time except to deny the subject PcTmit Application.
Because of the City's denial of dais Permit Application for the reasons set forth
above, this Application has not been, reviewed by the necessary disciplines.
Consequently, the City reserves the right, should it be necessary in the Future, to assert
any other de tciencies, technical or otherwise, that may exist in this Permit Application,
Should you have any questions, please do not hesitate to contact m.e. Thank you.
Sincerely,
i
)ourdlls�slazyk
Zoning Administrator
12/12/2008 15:37 8775489120 PAGE 05
Sevennine, LLC
outlook Media of South. Florida, LLC
December 8, 2008
Page 4
150708
9
Miami Zoning Board
Resolution No.: 09-0006
Monday, February 9, 2009
Mr. Cornelius Shiver offered the following resolution and moved its adoption
.Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD DENIED THE APPEAL BY AMANDA L. QUIRKE,
ESQUIRE ON BEHALF OF OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, THEREBY
UPHOLDING THE ZONING ADMINISTRATOR INTERPRETATION DATED
DECEMBER 8, 2008, REGARDING A PROVISION CONTAINED IN SECTION 104.5,
OF ZONING ORDINANCE NO. 11000, A5 AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ENTITLED "OUTDOOR ADVERTISING SIGNS; NEW
SIGNS OF OUTDOOR ADVERTISING PROHIBITED", FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1700 SOUTHWEST 3RD AVENUE, LEGALLY
DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL WITH AND SD -
23 CORAL WAY SPECIAL OVERLAY DISTRICT.
Upon being seconded by Mr. Charles A. Garavaglia,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
Yes
Mr. Ron Cordon
Yes
Mr. Charles A. Garavag Ila
Yea
Ms. Ileana Hernandez -Acosta
Away
Mr. Lazaro Lopez
Away
Mr. Juvenal A. Pina
Yea
Mr. Cornelius Shiver
Yes
Mr. Richard Tapia
Away
Mr, Angel Urqulola
Yea
AYE:
NAY:
ABSTENTION$:
NO VOTES:
ASSENT:
Ms. Fernandez: Motion carries 6-0
2xt��A y Lt"i�
Teresita L. Fernandez, Executive 86cretary
Hearing Boards
File ID#: 09-00019za Z.3
C
April 21, 2008
Santiago Echemendia, Esq.
Tew Cardenas LLP
Four Seasons Tower
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
mi200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527.2466
FAX: (954) 333-4066
GLENN.SMITH @RUDEN.COM
Re: Letter of Understanding between CBS Outdoor, Inc. ("CBS") and Outlook Media
of South Ftbrida, LLC ("OM")
Dear Santy:
This letter sets forth the understanding between CBS and OM concerning new sign
locations to be utilized in conjunction with the Settlement Agreement between CBS and the City
Of Miami ("City"). The parties acknowledge and agree as follows:
L CBS is negotiating and attempting to finalize a Settlement. Agreement with the
City whereby the City will issue 15 amended permits for the construction of new monopole signs
with double faces, on expressways located within the City, in return for which CBS will remove
2 existing (or previously removed) sign faces for each new sign face constructed pursuant to an
Amended Pennit, subject to the terms and conditions of the Settlement Agreement between CBS
and the City.
2. With respect to the Settlement Agreement with the City, CBS and OM agree as
follows:
a.
b. Under the Settlement Agreement, CBS seeks to obtain 7 Initial Amended
Permits (as defined in the Settlement Agreement), one of which is tentatively agreed to be
located in Jose Marti Park. Provided there is no term in the Settlement Agreement and the City
does not otherwise require CBS to develop a site in the Jose Marti Park, CBS will abandon its
proposed Jose Marti Park site and instead accept a site owned by ft
FINAL.DOC
RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS -FT. LAUDERDALE -MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA w ST. PFTFoczm Eon , Tei i A U-1 -
Page 2
Company, located at approximately (the '"M Site"), which is or will be
subject to a lease with OM that allows construction and operation of a sign in accordance with
the terms of paragraph (2c) below. CBS will enter into a sub -lease agreement with OM for the
Site whereby CBS will pay to OM, an annual base rent in the amount of � (the
"Base Rent"), or twenty-five percent (25%) of the gross annual income generated on theme
Site billboard (the "Percentage Rent"), whichever is greater. The Base Rent shall be payable in
equal monthly installments, and the Percentage Rent shall be calculated and paid annually in
arrears. The sub -lease agreement (Sub -Lease) shall be in the form of the standard lease known
as the "Thornton Lease". However, the Base Rent shall be increased every five (5) years to an
amount equal to eighty-five percent (85%) of the sum of the Base Rent and Percentage Rent paid
in the previous year. A copy of the standard Thornton Lease to be used as a Sub -Lease for the
Site and all other sites subject to a CBS -OM sublease is attached hereto and
incorporated herein.
C. Provided OM obtains four (4) additional sites for placement of signs
pursuant to Amended Perwits under the Settlement Agreement, CBS agrees to accept said four
(4) sites provided CBS deems each site to be commercially viable. "Commercially Viable"
ineans inter alia, , CBS' determination that the annual base and percentage rent payments due
under the lease are acceptable, CBS can obtain City and FDOT permits to construct a double-
faced monopole sign that is 14X48 with an overall height of 65 feet above the adjacent
expressway, is within 100 feet of the right-of-way, provides visibility to an expressway, and that
the sign has a similar "view" and construction to other "amended permits" in the City, and that
any business risk of termination is acceptable to CBS ("Commercially Viable Locations"), The
parties agree that a lease that contains an annual base rent term of up to amon I-95 north of
I-395 and 1� on I-95 south of the river and otherwise meets the above criteria, shall be
acceptable to CBS.
d. For'each of the sites accepted by CBS, CBS will enter into a sub -lease
agreement with OM, whereby OM will be the sub -lessor and CBS will be the sub -lessee. CBS
will pay rent to OM for each site an annual base rent or twenty-five percent (25%) of the gross
income generated on the respective site, whichever is greater. The parties agree to use the
Thornton Lease as set forth above which shall contain a rent increase every 5 years to 85% of the
combined lease rent from the previous year (Base Rent plus Percentage Rent paid, if any).
Unless through no fault of its own, CBS is prevented from constructing a sign structure on the
sub-lease(s), CBS will also pay to OM for each of the Commercially. Viable Locations, a
development fee of =11� upon the earlier of issuance 'of the Certificate of Occupancy for
the applicable sign "by the City or one year from the first issuance of the FDOT permit
("Development Fee"), CBS agrees not to discriminate between CBS developed signs and OM
developed signs in its construction schedule.
C. Provided that OM produces the Site and four (4)
additional Commercially Viable Locations, CBS will assign to OM the rights to one (1) of its
amended permits under the Settlement Agreement with the City. CBS will assign to OM, and
FINAL.DOC
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS • FT. LAUDERDALE • MIAMI � NAPLES • ORLANDO -PORT ST. LUCIE • SARASOTA • ST. PETERSRURC, • Tet i n"eccFF . re.,�. _ ...�. �......_. _..
Page 3
OM will assume, CBS's rights and obligations underAthe Settlement %agreement to said amended
permit except for CBS' obligations pursuant to paragraphs (7a -7d), (Sa), and (12a). CBS will
provide for the removal of two (2) of its existing sign structures to allow the City to issue the
said Arzkended Permit to OM under the Settlement Agreement
f. The parties recognize and acknowledge that some of the OM leases for the
above-described sites may have a development clause; i.e, the lessor has the right to require
removal of the signs in the event that the landlord decides to develop or redevelop its property.
Said leases will be acceptable to CBS if the Settlement Agreement with the City allows the signs
affected by the development clauses to be relocated to other locations anywhere on the
expressways in the City, provided that the spacing requirements are met. In such event, the
Development Fee will be payable in annual installments of kyr each plus interest rate
equal to the IRS imputed rate. In the event an affected location is lost due to redevelopment, and
OM can provide a Commercially Viable alternative acceptable to CBS, the obligation for
payment of the fee will continue. In the event no such alternative location can be found, no
further Development FeeXayments will be made pursuant to that particular location and the
parties will have no further obligations to the other with respect to that location.
g. CBS shall have the right to develop or redevelop billboards known as the
Edison Apartments and Halco Holdings within 500 ft of their current permits and OM shall not
receive any compensation for CBS' development or redevelopment of these sites.
h. CBS' acceptance of the four (4) Commercially Viable Locations
referenced in 2c above is expressly conditioned upon the City's approving all locations. on
Exhibits B and B'-1, as amended from time to time, as appropriate removals for Amended
Permits in the Settlement Agreement.
3. Additional possible sign locations:
If said
credit is obtained so that CBS is able to obtain a minimum of three (3) amended permits, the
parties agree to the following:
a. CBS will use the 13th amended permit to construct a sign on expressways
in the City. If CBS accepts a Commercially Viable Location from OM, OM will be paid
compensation as set forth in 2c above. If CBS uses to improve one of its
existing locations, CBS will pay OM a Dollar
Development fee and no rent. If CBS obtains a site for the 13th permit based on
Spaij% or uses the permit on highways to which the rule does not apply, OM will receive no
compensation for said site. If CBS has a choice between a location CBS has obtained and a
Conunercially Viable Location obtained by OM and if the economics. of the two (2) sites are
within five percent (5%) of each other, CBS will select the OM site.
FLNAL.Doc
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS r R. LAUDERDALE • MIAMI -NAPLES -ORLANDO • PORT SL LUCIF . RARAs. A . sT PrTFVC91IU1
Page 4
b. CBS will assign the 10 and 15`h amended permits to OM. OM will
assume all of CBS' rights and obligations under the Settlement Agreement, pursuant to
paragraph (2c) of this Agreement.
C. - OM has obtained title to one state permit and sign face during its
investigation of the market and development of leases.
d. The parties agree that CBS will incur costs and lost revenue for the
removal of signs necessary for the development of the 13-15`h permits. Recognizing those
permits to be interchangeable, OM agrees to reimburse CBS for its losses connected to the
removal of said signs. OM agrees to pay Dollars , or an amount equal
to the sum of two thirds of one year's s lost revenue plus the cost of removal of the structures and
any lease obligation CBS is required to pay over the full term of the lease, whichever is less.
4. OM may sell �its .interest in a any signs or structures acquired pursuant to this
agreement (hereinafter `Billboard" or `Billboards") and the City of Miami at any time to an
unaffiliated bona fide third party purchaser; provided that any such sale shall be subject to a right
of first refusal as explained herein. OM hereby grants to CBS, for the entire term of the
Settlement Agreement a right of first refusal to purchase each of the Billboards and all assets of
OM related to the operation thereof (including, without limitation, any of the Leases, advertising
contracts and permits related thereto (collectively, `Billboard Related Assets")) on the following
terms and conditions: If OM desires to convey all or part of its interest in a Billboard or
Billboards (or any of the Billboard Related Assets), collectively or separately, then OM shall first
provide CBS with a written notice (the "First Refusal Notice") stating that OM desires to make
such a conveyance and enclosing a true and correct copy of the terms and conditions of the
agreement between Wand the third party concerning Owner's conveyance of the Billboard or
Billboards (and Billboard Related Assets), together with a sworn certification that said
agreement evidences all of the terms and conditions of the proposed conveyance (the "Proposed
Terms") and the name, address and telephone number of the third party. The First Refusal
Notice shall constitute an offer by OM to CBS to make the same conveyance to CBS on the
Proposed Terms. CBS shall have thirty (30) days following its receipt of the First Refusal
Notice to accept, in writing, the Proposed Terms ("Acceptance Period"). if CBS accepts the
Proposed Terms during the Acceptance Period, OM shall make the conveyance to CBS pursuant
to the Proposed Terms, CBS will accept the conveyance from OM pursuant to the Proposed
Terms, notwithstanding Closing shall occur no less than six (6) month$ after the expiration of the
Acceptance Period (or such later time as may be set forth in the Proposed Terms), and this
Agreement shall terminate with respect to the subject Billboard or Billboards at closing. If CBS
does not accept the Proposed Terms during the Acceptance Period, OM is free to make the
proposed conveyance to a third party on the Proposed Terms at any time within one hundred and
eighty (180) days after the expiration of the Acceptance Period. This Agreement shall terminate
at closing of the sale in accordance with the terms hereof by OM to such unaffiliated bona fide
FINAL.DOC
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS • IT. LAUDERDALE -MIAMI -NAPLES • ORLANDO • PORT SL LUCIE • SARASOTA • ST. PETERSBURG -TALLAHASSEE • TAMPA • WFGT VAI m RFArw
Page 5
third party purchaser. Any proposed conveyance on terms that are different than the Proposed
Terms or that is after said one hundred and eighty (180) day period shall be considered another
purchase offer to OM and will be subject to CBS's right of written notice and first refusal as
previously stated herein.
Notwithstanding the foregoing, any conveyance of .OM's interest in and to a Billboard or
Billboards to a related third party for the purposes of family planning, estate planning including
in the event of the death of Harkley R. Thornton, Stacy J. Thornton or any other member of
Outlook Media of South Florida, LLC. (a "Permitted Transfer"), shall not be subject to a right of
first refusal as set forth in Sections 4, above, provided that the transferee agrees in writing to be
bound by the terms hereof and to assume OM's obligations hereunder. Such a conveyance shall
not terminate this Agreement. Any other assignment, sale or transfer in contravention of the
terms of this Agreement shall be null and void.
5. In the event OM defaults on its obligations with its underlying landlords, CBS may,
but shall not be obligated to cure such default if in its judgment, continuation of the default could
result in the terrxination of the Lease. CBS may take as a credit the cost of curing such default
against any other amounts due- OM in Miami -Dade County, FL. OM will seek to have landlords
add CBS to any legal notice requirement they might give.
6. This letter is a Letter of Understanding and is binding between the parties and
establishes the major business points and conditions of the Parties' agreement for this
transaction, However, it is not all-inclusive in that it does not contain all the deal points. The
Parties agree to expand upon this Letter of Understanding in good faith to prepare a full
agreement that can be executed within thitty (30) days of the date of this Letter of
Understanding. Such agreement shall be consistent with the terms of this Letter of
Understanding and contain such further terms and conditions as are mutually acceptable to the
Parties. However, the failure of the Parties to complete a full agreement shall not invalidate the
terms of this Letter of Understanding or excuse either Party from performing its obligations and
responsibilities as set forth herein
If you are in agreement with the foregoing, please indicate same below. J. will proceed
with the necessary documentation to effect the intentions expressed herein.
Sincerely,
CBS OUTDOOR, INC.
t
gL
B y:
FINAL.DOC
RU DEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS • FT_ LAUDERDALE -MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG -TALLAHASSEE • TAMPA • WEST PALM REACH
Page 6
Acknowledged and Ag eed:
This day of , 2008
OUTLOOK MEDIA OF
12
FINAL.DOC
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS . FT. LAUDERDALE • MIAMI -NAPLES • ORLANDO • PORT ST_ ICIE • SAIZAA01e . cr PrTPEKni Iur . T.. i -C... . �...... _ ..,��T...............
SCBS
au-rDaoR
May 2, 2008
Orlando Toledo
Senior Director
City Manager's Office
city of Miami
apo Sw'2nd Avenue
Miami, Florida 39130
Dear Orlando,
C85 Outdoor, Inc, and Outlook Media of South Florida, LLC hBye signed a letter of
as
understanding dated May 1, 2008 {the "agreement"). Please accept S ol 9 letter , Inc,confIrmation that In accordance with the terms of the Agreement, CBS Outdoor, I
consents to Outlook Media of south Fonda, LLC filing Appllcatlons Por Outdoor
Advertising Permits with the Ftortda Department of Transportation on our behalf,
Yours truly,
S Ourt�door, Inc -
3 Little
VP OF Real Estate SE
6944 CYPRESS PNP -V- t)RIYE,TAk1FA, Ft. 33634.4462 t (913) BSB -5541 . PAK (813) 904744 • chsootdoor,com
E
�r
illRuden
McClosky
October 24, 2008
Via E -Mail and U.S. Mail
Warren Bittner, Esq.
Assistant City Attorney
City of Miami - City Attorney's Office
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130-1910
200 FAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2466
FAX: {954)333-4066
GLEN N,SMITH@RUDEN �COM
Re: City of Miami ("City")1 CBS Outdoor, Inc. ("CBS") Settlement Agreement
Dear Warren:
Attached hereto is a Iist of the sites for which CBS, or Outlook on CBS's behalf, has
previously submitted FDOT applications to the City (with one exception) for the City's approval
in order that state permits may be obtained. The list contains four categories, as follows:
1. Categories 1 and 2 identify sites for proposed Initial Amended Permits and
proposed Amended Permits. Each of these sites is pennittable under FDOT rales in that each
site meets the 1500 foot spacing requirement.
2. Category 3 contains sites which are under consideration by CBS and for which
there are pending state issues. For instance, many of them would only be permittable if 1000
foot spacing is approved by the legislature. Another site is the subject of an appeal concerning
the issuance of a state permit.
3. Category 4 is a list of the sites which are being withdrawn by CBS.
We ask that Orlando and Peter immediately review this list and inform us of any issues
that may exist as to each site. Additionally, we assume that the FDOT application for the
Lummis site can now be signed off by the City. In this regard, we ask that Peter have the
appropriate official sign off on the CBS application for this site.
FTL:2940043:1
RU DEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA RAYON - CARACAS • €T. LAUDERDALE • MIAW • NAPLES • ORLANDO - PORT ST. LUCIE - SARASOTA • Si. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
Page 2
Please contact me if you have any questions.
Sincerely,
tjeAl-l� I ZLJ.- .
Glenn N. Smith
GNS:lad
Enclosure
CC: Mr. J. C. Clements
Mr. Joe Little
Mr. Billy Long
Mr..Ed Scherer
Veronica Xiques, Esq.
F FL:2940043;1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
SOCA RATON - WACAS • Fr. LAUDERDALE - MLAM4 - NAPLES • ORLANDO . PORT ST. LUCIE - SARASOTA - ST. PETERSBURG + TALLAHASSEE • TAMPA • WEST PALM BEACH
0
LEM
0
6
Initial Amended
�roDerty. Owner
ADiDRBSS
FOLIO #
[ Zoning
Gateway
merit
Permit
i
City (Jose Marti)
of
Cof Miami
362 SW 4th Street ES 1-95 &rVo 8!)__ _10-2430-701-030
PR
Yes
_.__........-...........-City
2
.
isllsl
City 01 Miami (Fem e)
NS SR836 w/o 22nd Ave
E
113-13_40-800-0010 PR
^-- —[
3Lummis
350 NSW 2nd St .
01 0110 099 f070
Q
Yes
4A-�tO
enheim RE Venture LLC
245 NE 371h St
Di -3219-045-0020
SD -8
Yes
46
Titan
7085 NE 79U` Street_ _
01-3207-016-2934
C-1
Amended Permit
Property owner
ADDRESS
} FOLIO #
; Zoning
ameway
Comm
5
FOOT
1660 NW 2CP Street -'01
136 035-4340
I
i
6
1wrZicit
1201 NW 421dAvenue _
:91-3132-027`0010
C 2
€
1400 NW 37 h Ave NS SR 836 400 ft w/o NWi
1-3132-000-0080
C-1
7
of Miami G and
37th Ave
--
_.
Laeations underl
Paerty Owner
ra
ADDRESS i
FOLIO #
l
ZoningGateway
Comment
Consideration
Deriding
resolution of
StateIssues
8
Fu•imo Land Co.
3621 NE CT
01-3124-022-0160_ �
SD -8
Yes
`
170 NE 3e ST (NS 1-195 w/o NE 2 �}
;Di 3124-022-0129
t C-1
This iocation would have to be removed
Halco Holdings
J
Yes
if Oppenheim 4A) is constructed.
9
10
Sevennine LLC
1700 SW 3rd Ave
01-4138-001-2070
G9
11
Tacalcy Development (Edison)
670 NW 6th Ct
01-0113-087-0030
C-1
12
Issac
5850 NW 85th ST
01-3113-025-0100
C-1
13
Srebnick M LLC (Austin Surke)
545 NW 26th ST
01-3125-025-0320
1
U
Bakehouse
561 NW 32nd St
01-8125.020-0630
6/1
15
Contem Contractors
4291 NW7th Ave
01-3124-003-1440
C-1
16
GT Used Trucks
636 NW 23rd ST
01-3125-035-0360
l
17
Elks Lode
4.945 NW 7th Ave
01-0124-001-0340
C-1
18
C of Miami (Gibson Paris)
350 NW 13th ST
01-3136-058-0010
PR
New. FDOT farm not previously
19
Tanaka
570 NW 67th St
01-3113-025-0041
C-1
submitted to City
Lacetionsweare
pea Owner
3 ADDtiESS
1 FOLIC #
s
Z_onina
S Gateway
Comment
WMdrawainn
Withdraw
345 NE 36 ST LLC (Richards)
345 NE Se ST
13-2190-000-080
g C-1
Withdraw
Cam Partners
328-334 Fla ler
01-4137-036-0020
C 1
Yes
w Withdraw
MM Mays
1330 NW 2nd Court
01-0135-036-0020
C-1
Yes
G
t
FlaNda Department of 'Transportation
CHAILUR CAIS[' 505 Suwurnlae Slreal Sr91111ARM r, K0P [.OUNOS
CaVL•UN011 iulluhassac, FL32399.0450 $KCRE AAy
July 3, 2009
Outlook Media of South Florida LLC
2295 S. Hiawlassee Road, Suite 203
Orlando, Florida 321335
RE: Outdoor Advertising Permit Applicatlon(a), #57213 and 572'14
Proposed Location; 5o feet west of SW 3 Avpnue
Gentlemen:
We are unable to review your permit application(u) for the above-rafarenced loaatlon at
this time. Prior to receipt of your appllaation, we received an application for a competing
loeatlom
Pursuant to Section 14.10.004(1)(8), Florida AdmirllMralivs Code, your application(s) will
be held without action by the Department until the pending status of the earlier
application Is resolved. You will be notified when this occurs.
If you wish to withdraw your applications, please ;ubmlt a Written request to me at Mall
Station 22 at the address above, referencing the application numbers shown, All
application materials, including the check and all attachments will be ref'Wh6d to you.
If you have fultherquestions, please contact me at Juan€ce,Hagan@dot,state.fl.us.
SincBrely,
Juanlce M. Hagan
Deputy State Right of Way Manager
Outdoor Advertising
www,dat,sta e.fl.us tDFam:=P4--n
H
ANDRES MONSALVE,
Petitioner,
vs.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida
DEPARTMENT OF TRANSPORTATION,
Respondent,
and
OUTLOOK MEDIA OF SOUTH FLORIDA
LLC,
Intervenor.
N
FINAL ORDER
DOAH CASE NO. 08-4039
DOT CASE NO. 08-067
On June 17, 2008, Respondent, State of Florida, Department of Transportation
(Department), received two applications for outdoor advertising permits numbered 57196 and
57197 submitted by Petitioner, Andres Monsalve (Mr. Monsalve). By Notice of Denied
Application issued on July 3, 2008, the Department notified Mr. Monsalve that the applications
were denied because the applications had no statement, as required by Section 479.07(3)(b),
Florida Statutes, from the appropriate local governmental official indicating that the agency or
unit of local government would issue a permit to the applicant upon the Department's approval
of the state permit application.
Page 1 of 5
An amended Notice of Denied Application was issued on July 15, 2008. The amended
notice reflected that Mr, Monsalve's applications were denied because the proposed signs
would be in conflict with an existing permitted sign and could not, therefore, meet the spacing
requirements for outdoor advertising signs set out in Section 479.07(9)(a), Florida Statutes,
and because the proposed location does not comply with all local governmental requirements as
provided in Section 479.07(3)(b), Florida Statutes. The amended notice also indicated that the
building permit submitted with the applications was not in compliance with local governmental
requirements.
Mr. Monsalve filed a Petition for Formal Hearing on August 4, 2008, and the matter
was referred to the Division of Administrative Hearings on August 19, 2008. On September
17, 2008, Outlook Media of South Florida, LLC (Outlook Media), filed a corrected motion to
intervene. The motion was granted and Outlook Media was afforded intervenor status.
A formal administrative hearing was held on November 4, 2008, by video
teleconference with connecting sites in Miami and Tallahassee,. Florida, before Errol H.
Powell, a duly appointed Administrative Law Judge. Appearances on behalf of the parties
were as follows:
For Petitioner: Linda L. Carroll, Esquire
Carroll Law Firm
1260 SunTrust International Center
One Southeast Third Avenue
Miami, Florida 33131-1714
For Respondent: Kimberly Clark Menchion, Esquire
Department of Transportation
605 Suwannee Street, Mail Station 58
Tallahassee, Florida 323990458
Page 2 of 5
For Intervenor: Joseph DeMaria, Esquire
Amanda Quirke, Esquire
Tew Cardenas LLP
1441 Brickell Avenue, Suite 1500
Miami, Florida 33131
At the hearing, Mr. Monsalve's renewed motion for continuance was denied and a
motion to dismiss filed by Outlook Media was denied. Mr. Monsalve testified in his own
behalf and entered 14 exhibits into evidence. The Department presented the testimony of Lynn
Holschuh and entered seven exhibits into evidence. Outlook Media neither presented the
testimony of any witness nor offered any exhibits into evidence.
The transcript of the hearing was filed on November 17, 2008. The Department and
Outlook Media timely filed their proposed recommended orders on December 1, 2008, and
Mr. Monsalve filed his proposed reconnnended order on December 2, 2008. There was no
objection to the late filing of Mr. Monsalve's proposed recommended order and the
Administrative Law Judge Issued his Recommended Order on December 17, 2008. Outlook
Media filed exceptions to the Recommended Order on January 5, 2009. No responses to the
exceptions were filed.
STATEMENT OF THE ISSUE
As stated by the Administrative Law Judge in his Recommended Order, the issue
presented was:
[W]hether Petitioner's applications for a State sign permit should
be granted.
EXCEPTIONS
Outlook Media takes exception to the Reconuilended Order Findings of Tact 7, 8, 17,
and 18, and Conclusions of Law 31 and 32, for the purpose of clarifying a clerical error
consisting of the failure to reference both application numbers. Outlook Media's exception is
Page 3 of 5
well -taken. Findings of fact 7, 8, 17, and 18, and Conclusions of Law 31 and 32 are modified
to include both application numbers,
FINDINGS OF FACT
After review of the record in its entirety, it is determined that the Administrative Law
Judge's Findings of Fact in paragraphs, 1 through 6, 7 and 8 as modified, 9 through 16, 17
and IS as modified, and 19 through 25, are supported by competent, substantial evidence and
are adopted and incorporated as if fully set forth herein.
CONCLUSIONS OF LAW
1. The Department has jurisdiction over the subject matter of and the parties to this
proceeding pursuant to Chapters 120 and 479, Florida Statutes.
2. The Conclusions of Law in paragraphs 26 through 30, 31 and 32 as modified, and
33 through 39 of the Recommended Order are fully supported in law, and are adopted and
incorporated as if fully set forth herein,
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is
ORDERED that Andres Monsalve's outdoor advertising permit applications numbered
57196 and 57197 are denied.
DONE AND ORDERED this �; lday of January, 2009.
U Stephanie C. Kopelousos
Secretary M
Department of Transportation N.5
Haydon Burns Building
605 Suwannee Street �-
Tallahassee, Florida 32399'
Page 4 of 5
NOTICE OF RIGHT TO APPEAL
THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE
APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA
STATUTES, AND RULES 9.110 AND 9,190, FLORIDA RULES OF APPELLATE
PROCEDURE, BY FILING A NOTICE OF APPEAL CONFORMING TO THE
REQUIREMENTS OF RULE 9.110(d), FLORIDA RULES OF APPELLATE
PROCEDURE, BOTH WITH THE APPROPRIATE FILING FEE, AND WITH THE
DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, HAYDON BURNS
BUILDING, 605 SUWANNEE STREET, M.S. 58, TALLAHASSEE, FLORIDA 32399-
0458, WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.
Copies furnisher) to:
Kimberly Clark Menchion, Esquire
Assistant General Counsel
Department of Transportation
Haydon Burns Building
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399
Errol H. Powell
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Lynn Holschuh
State Outdoor Advertising Administrator
Department of Transportation
Haydon Burns Building
605 Suwamiee Street, M.S. 22
Tallahassee, Florida 32399
Linda L. Carroll, Esquire
Carroll Law Firm
1260 SunTrust International Center
One Southeast Third Avenue
Miami, Florida 33131-1714
Joseph DeMaria, Esquire
Amanda Quirke, Esquire
Tew Cardenas LLP
1441 Brickell Avenue, Suite 1500
Miami, Florida 33131
Page 5 of 5