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HomeMy WebLinkAboutCC Appeal Letter & Supporting Documentsf TEW • CARDENAS LLP A T T O R N E Y S A T L A W MIAMI • TALLAHASSEE • WASHINGTON DC AMANDA L. QI7IIRXF: WurmR'S DII ix -r I: r,;E: 395M6-8216 ENIAJ.0 AQ@Jcvv1QW.V)1n February 19, 2009 Ms, Teresita Fernandez Clerk of the Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33130-1910 FOUR SEASONS TOWER 15TH FLOOR i;,) 1441 DRICKELLAVENUE V? MIAMI, FLORIDA 33131-3407 IQ' T 305.536.1112 :T F 305.536.1116 Ra. IZZP WWW.TEWLAW.COM 11 Re: NOTICE OF APPEAL - Building Permit Application for Construction of Billboard at 1330 NW 2 Ct. 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 1330 NW 2"' Ct. ("the Mary Mays Sign"). On November S, 2008, Outlook Media of South Florida LLC ("Outlook") submitted an application for a building permit for the Mary Mays 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 Mary Mays Sign. The zoning administrator, Lourdes Slazyk, issued a letter denying the building permit for the Mary Mays Sign on December 8, 2008 (the "December 8 Letter," attached as Exhibit B). Outlook appealed the zoning administrator's deternxination 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 Mary Mays Sign; 2. Assignment of rights in the CBS Settlement Agreement to Outlook approved by the City Commission; 3. Satisfaction of the sign removal requirement; rT 4. Payment of the permit fees. a� 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 �n City in the December 8 Letter. In fact, the City has previously approved the location of EP Ms. Teresita Fernandez February 19, 2009 Page 2 of 7 the Mary Mays Sign, and certified that the Mary Mays Sign "is in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits." Thus, the building permit should be issued ilninediately, in accordance with the City's previous certification, and for the following reasons. CBS has consented to the application for the Mary Mays Sign On or about May 1, 2008, CBS and Outlook entered into a Letter of Understanding (attached as Exhibit D), which set forth the terms and conditions for the assignment of Amended Pen -nits 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. In the December 8 Letter, the City cites two agreements which authorize Outlook to file applications for outdoor advertising permits: (1) the May 2, 2008 letter for general authorization (attached as Exhibit E); and (2) a June 10, 2008 agreement between CBS and Outlook pertaining specifically to the Mary Mays Sign (attached as Exhibit F). Thus, the City cannot claim there is no evidence of CBS consent to the application for the Mary Mays sign because the City recognizes at least two documents which evidence CBS consent to the application. A. The May 2, 2008 Authorization The May 2, 2008 letter 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 Mary Mays 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 Mary Mays Application. At the zoiung 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 Mary Mays location, the City could not issue a building permit to CBS for the Mary Mays Sign. Therefore, Outlook has to be the applicant on the FDOT forrn and the building permit application because an ownership or other interest in a property is required for both applications. TEw CARDENAs LLP Four Seasons Tower, 151h Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112 Ms. Teresita Fernandez February 19, 2009 Page 3 of 7 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 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 Mary Mays Sign, as previously recognized by the City. B. The June 10, 2008 Mary Mays Agreement The City also cites a June 10, 2008 Mary Mays Agreement between CBS Outdoor and Outlook (the "Mary Mays Agreement"). The Mary Mays Agreement pertained specifically to this site, and as recognized by the City, "aclilowledged that Outlook Media would be submitting an FDOT Outdoor Advertising Application to the City for the above -referenced location, pursuant to authority granted in the CBS Settlement Agreement with the City." (See December 8 Letter p. 3) In fact, the City tried to previously assert that local government permission for the Mary Mays Sign was granted in error. However, Outlook appealed this decision to the Zoning Board, and prevailed (See Resolution dated October 20, 2008, attached as Exhibit G). The City has previously granted local government permission based on the Mary Mays Agreement, which has been affirmed by the grant of the appeal by the zoning board on October 20, 2008. This is further evidence of CBS' consent to the Mary Mays Application, and is not a basis for the denial of the building permit. C. The City certified that the Mary Mays 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 Mary Mays 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 Mary Mays Sign "is in compliance with all duly adopted local ordinances," including Section 10.4.5. The City recognized CBS consent to the Mary Mays 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 Mary Mays Sign. As discussed above, the FDOT permit and the building pennit 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 Mary Mays application, as previously recognized by the City. D. CBS does not have the authority to revoke the Mary Mays application TFw CARDBNAs 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 Apparently, CBS Outdoor sent a letter on October 24, 2008, withdrawing the Mary Mays Sign as a location for an outdoor advertising sign under the CBS Settlement Agreement (attached as Exhibit H). However, as noted in the December 8, 2008 letter, CBS Outdoor is not an applicant for the building permit for the Mary Mays Sign - Outlook and Mary Mays are the applicants. Therefore, CBS Outdoor does not have authority to withdraw the building permit application. In fact, CBS asserts in a letter dated October 23, 2008 (attached as Exhibit I) that "the City, through its representatives, informed CBS that the City's sign -off on the FDOT application for the Mary May site had been made in error and was going to be withdrawn. The City representatives stated that one of the City Commissioners had promised a competing site to Clear Channel under the proposed amendment to the Clear Channel agreement with the City. In light of the City's posture that the City had approved this location in error, CBS committed to withdraw its application for the Mary May site. CBS made this decision to avoid conflict with the City over this location..." Thus, CBS claims that the only reason the October 24, 2008 letter was sent was at the City's behest. The Mary Mays Agreement provides that "neither [Outlook] nor CBS will build, sell, convey, lease, or in any other way seek to gain monetary consideration with respect to the [Mary Mays] Lease and the Permit(s) without the prior written approval of the other party." (See Exhibit F). The City cannot cite the Mary Mays Agreement as a basis for the previous grant of local government permission, and demand the withdrawal of CBS consent to the Mary May location with complete disregard for the provision that prohibits CBS Outdoor from interfering in any manner with the Mary Mays Sign. The City's actions are a violation of Outlook's substantive and procedural due process rights, and constitutes tortious interference with the Mary Mays Agreement. Consequently, the letter dated October 24, 2008 has no effect on the building permit application for the Mary Mays Sign submitted by Outlook. The effect of the October 24, 2008 letter is an issue of contract interpretation between CBS and Outlook- it is not within the City's purview to mare a determination that the revocation was effective. Revocation is governed by the principals of contract law, and is clearly not within the scope of the zoning administrator's duties which are limited by the "terms, provisions, and requirements" of the zoning ordinance. (City Zoning Code Section 2101.2). Therefore, the zoning administrator cannot cite the October 24, 2008 letter with reference to CBS' consent to the Mary Mays Application. The effect of that letter, if any, will be determined by a court of competent jurisdiction. For the foregoing reasons, there are two (2) documents by which CBS clearly consented to the Mary Mays Application, which have been previously recognized by the City. Therefore, there is evidence of CBS consent, and this is not a proper basis for denial of the building permit. TCW CARDFh'As LLP Four Seasons Tower, 15th Floor, 1441 13rickell Avenue, Miami, Florida 33131-3407 • 305-536-1112 Ms. Teresita Fernandez February 19, 2009 Page 5 of 7 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 assignment 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... 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. 4th DCA 2006). In FPL v. Road Rack, 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 ally 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 Ontlook 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 Mary Mays Agreement. Thereafter, the City signed the FDOT form for Mary Mays, 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 forin for Mary Mays is necessarily a ratification of the assigmnent, 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 ` EW CARDENAS LLP Four seasons Tower, 15th Floor, 1441 Brirkell Avenue, Miami, Florida 33131-3407 • 305-536-1112 Ms. Teresita Fernandez February 19, 2009 Page 6 of 7 The first time that the City asserted that assignment of rights to Outlook required City Commission approval was the December 8 Letter denying the building permit for the Mary Mays 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 government permission section of FDOT Form 575-X050-04 on June 12, 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." Subsequently, FDOT issued a pelinit for the Mary Mays Sign, FDOT Tag # CG 920 and CG 921 (attached as Exhibit J), The City acknowledged that the reason the City signed the FDOT form 575-070- 04 for Mary Mays 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 Mary Mays 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 Mary Mays 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 in obtaining an FDOT permit for the Mary Mays Sign. Therefore, the City is estopped from now claiming that the City Commission must approve the assignment of the Amended Permit. 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 sign 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 Pen -nit must be removed prior to construction of the new TEW CARDENAS LLP Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112 Ms. Teresita Fernandez February 19, 2009 Pagel of 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 permit 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 permit 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 Mary Mays Sign to CBS. 2. Outlook stipulates the Mary Mays Sign will not be an LED. For the aforementioned reasons, Outlook has clearly met all prerequisites for the issuance of a building permit for the Mary Mays 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 Mary Mays 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 Mary Mays Sign by the zoning administrator. Enclosure cc: Santiago D. Echemendia 520212.1 Sincerely, Amanda L. Quirke TEur CARDENAS LLP Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112 0 City of Miami Building Department Permit Application Process #: Total Due Permit #: I understand that separate permits must be obtained far 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 m accord unce with the plans and specifications and for compliance with all federal, state, and county laws applicable. �a 835 iM Application Received by: Date: Permit Authorized by; Date - 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 be 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 con fined in Hs pennit and understand that any misrepresentation may constitutes fraud and could void the permit. e Signaiur of Owner/Lessee �i' e of Quali ` A l ,i � Si✓F F� � Cak�L�` ��.` �C ; oPrint Marne Print Name a n i ' State o£Florida, County of Miami -Dade State of Florida, County of-M�ri--Bale v. R3 a w 2 �% Sworn to and subscribed before me this J y Sworn to an nbscribed before me Day of 20 C� � ro o @ m. i'1tX�.F Day of , 1� 2(' 3 n� > _(SEAL} Z, Y ? (SEAL)0 CQ 0 Q' a -' _ Personally known or Produced Identificatia Personally known or Produced Identificat* n Type of Identification producedrJ zfs Type of Identification cv cu o o j' produced{�� °:r b F _i _a. V rxI?C1RBC11Ir"DIN�rIEkARI�7 E75E"NL5; - s� f _ a : <� -, $ w _- Job Code. Cerdricotes Re fired: Plans: No. Of.Sheets; ❑ C.O. ❑ Ce. va Application Received by: Date: Permit Authorized by; Date - 96110/2008 16:37 8775489120 .THIS ASSIONMET OF ORO= LEASE AGFJ3EN4t"N1 (the `{A,sMgttment of UAw ") is made and entercd .into thin 1Qth day of Ime, 20DS, by andanon' g OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, a Florida Urnited liability Company, whose address is 2295 S. Hi4wa=e '# o4 Suite 203, Orl'oWo, McAda 32935 (rcfet d w herein as "Grantee') and. CBS QUTDOORs INC., a Delaware Corporation, 6904 Cjrpr m. park Drive, Tatttpa, Florida 33634 (mferred to heroin a00ra wr), In eomidoratian for Tan X 11w ($x0.413) and other. good and valuable consideration, CBS OUTDOOR, INC. homby assigns to OUTLOOK MEDIA OF SOM FLORIDA, LLC, all of Its righty title arid. interest in and to that Gr=d Leme:Agt ont by. and bst%v= Yelena Mamhsll a. d CBS OUTDOOR, INC.. sucpcmr by way of merger W National Advertising Cot't1lpmy dated August 307 2001 And amcndad Suty 18, 200, a copy of wWoh is .attached hereto and inootpurated herein, IN WITNESS WHEUOF, .the partios beraby have executed this. agmenient on the day, month pnd ytar fim above-writtar.. . Wltn£gs, 0135 gul`1: OOP" mc. tri:��►����►QA( 1"yy QNB+��, STATE OF j$sCO 794644 :r COUNTY OJ5 I, the undcrsigt., a for the a vm said County and State do hereby certify thatkfintj. to me. to be the same persons) whose na=*) ,gubscril to tht f0mg0ing instr=zn0ppom.d before this day in person and acknowledge That he signed, scaled artd dc]ivenA, the mid iristxi=etrt as it free and Voluntary act, fpr the rises and purposes t terg%n sot forth. Givft under my tied and ofAriaf scat, this 8. PAGE 01 N" ti 1,'It R[?LEAST-A011[iL�.7L,C;- MML3n -- Itpal Eswc Rcpres awdvt im 971 -MS Pti� Nartdxr RL 1.1 j.A( no 1 INFIMITY OUTDOOrtil MC. LEASE AGREEMENT Leans .:n. Seasd Ho. lVIr AMLEF.ME'NT,dalcdthh 30 da•or August _ e mtdNATIONALADYER7I k 200-1[sh}'andN ween .fi t: "LAk`IILr,1RD SWC+ COMPRM', a prlesae totpa;ytiae, dniog hus]ness as ]H1itJ1'1 OUTDOOR, FAC; whose addnss i3 2 40 "" jP Lace, Pnmpann.• W5rlrWNW INY6V$lf4Ref SiMnvvt;bw%�t�Ra'Poi°8AM,dtalrrrNnyoFrrDOOP,WC. AGRFEARF(7LLOR'S: -6gOFFR-Y, L-andiord 4 The owner(or wdtoriand i,,,r) of thatMn(the `Prpperty"] located about 2 [sircet/aiphw j�4n Hre N� R-Str s da or rt9y n 5 re p Y facin fFvst or mll:s] N' t F Pxnpetty� knowfihsrsecl[on nd Ct an NW 1 near a �I'�' far dit la�s5 g F-E.5.q�Ing pyti n! the LA1.'!?f.{IRIJ'S us kSam,FL J, lJW 2n oiai Tncdisplay(s) are inwadedtobc.vlewed 395 (S[A1:Ei7f31 'A5'j. -- -• �,. Effective, Daw Upon Construction TERM: Location: Sign shnD ha constructed near RavOn afore and Most htarkot adjacent to 1345 por mutual agrt�ment by both parties. A NON-RFF WDA)3LEDMP= (APPLICABLE TO TIEFliM PRBJCFAL PA3NEHT CF BASE p.EI,71IpOA Cpvg7 alr�7 ION OF TF1F SIGN) WALL BE 1lglTiR'130 Dr1Y5.1FTF.R]Z.Ily L�L•Ct]T10MOF THI52FJ,SLr.THE A,4fOUH'r OFTHF. DNPOSIT SRALL 132 S Ou ?. 1'ERkLIANDLORDhtttbygrantrandImes toMF[Mry(H1T � •,���"""' Z1C10R' GIC, end WFTINIfY Olrl"riCtOR, SNC. accepts the gran md9.ares frert ti.Alil'J6DRL rhati�i`L M!'"tyta have end to Wd upon die terms aha cv15tioos mnhfecd I, this t.e.ase. TEx Prinelpai 7rmi. as exieoded enc Year -lo -1 cur Tcrm are cCstlLA iq the "Term" of lhis I i.asa ❑fScV�L�DD,i�'Iaflil. TFiR� 7' c D:eelap�mraTecm�s ofthis tram begins on fie dale above if nacepted L:low by lli�JpC7 7Y Otri'D(XlR, rl C. (am'%Co tvnep*:tnon[ 7hee�e+relrrpmenLptemartmr shee�l> In aif¢ct bCpgrmFfs am recur dtnr a pedoraernt>_�'t�r s ce rC TROZ rncjud' II i'RONCIFALTF.tUA. The Frhulp�Tcrm the116c far} C nsgl mn[nalion it appiicahfej, slluaY"(erc-6011pflNFW YOUTDOORto yeeis and shall wmmcnca upas the i'usl day afthc moestis rolinvrmg$a:ompleilanoftceadszrtys'eng- (f0 veers pa the samo °the Pnncipat Term}. 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E AFliTY OiI mrd to hm been Te I`Vei an time tmlas LANDLORD notitks l ;F(NITY OlJNX)OR, 1NC. of In dcfpulr oribic Lease, Ti7OOR,QfC, stralE be pennMad lhirty(30)daYs tram tsuip[ofnollo'ofnoo-rr-xlp[mnrs kc such paymnnt xhhous being k. LFAS'E °_ -, RMMONg, 'i'rIL+ i=E eontrwrs the pmYlsivns as thin pvc and on Ilr rcv<rse �n•of. LAND iron read and undeestrdtd; all surf iln;s:' ary,{ pw0slcns. acrsed under the Frond and seal of the panlrF an the dates.pmWdcd below. . {d Seal LAVUL SrgaxnrYe PA1 r-A,`iDLURD Sigmtun ` Y' t am de irC io rshi]( Frinl Nam�deifCo . rsrora(ioa nr Fettncnhi��� s�r�„� SY[trress (iFapFlltab3o} �.�._�; W, ' (iii] LAIVDLORI7 Nenae iL'Lef r`A flAarfar',. S 4reFp1 �t++K�t i T.rtti•.s�+<i.r �t[ Addrem-1 .i�,gv7�/ P _n R, RNC. Si raNrc $� ._—Lfil9� , JJ 11/.�' Pri. tJliue I'VIL04:�A.A'(.. E -'A r �s(]rkpl[eabl / ry 'Q''3ti_ . _. {ifuppilephlc} FLORIDA DEPARTMENT OF TRANSPORTATION RE: Application for outdoor advertising sign permit To be completed by applicant: Name of Applicant or Company:.Outlook Media of South Florida LLC Sign is: ❑ existing 4N proposed County: Miami -Dade Municipality, ifappiicable: _City of Miami Highway Name & Number: Sign location description: Approx . 2 5 0 1 N. of NW 13 ST on W/ S of NW 2 CT. Section: 36 Township: 535 Range: 41E Parcel lD#: 01-3136-03G-0020 To be completed by appropriate zoning official: Designation of parcel on the Future Land Use Map: rl/edtr 1r 6_" 4-A allowable land uses- under this/ designation are (list 6_" ` -A d . � C/'I- A n M e a r 17/7'7'f -i 'T. —, 576-07004 RIGHT OF WAY Doc -10MB a,C61ria t,t r Current zoning of parcel (from rand Development Regulations): —� The all able land uses under this designation are (list ail): aQe0�(vvrt deASrdC_r] 7 rG� .6&a,6, NOTE; Copies of the appficable pages of the land use documents may be submftted in lieu of listing all allowable uses above. Is location within city limits: 0 Yes ❑ No if yes, name of city: � Please provide the name and telephone number of the person the Department may contact if additional information is required: Name:�.f1f����__ 6?° Telephone #: certify that the above information reflects the designation of the parcel as it is shown on the current comprehensive plan adopted pursuant to chapter 163, Florida Statutesr and that I am authorized to sign this form on behalf of the county/njunidpalftv-named above: r Date h 4 cJFLt 5fq lL- fr 7 r Ym irYl f f? (5 27�7�C�7'"' Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. Local Government Permission: Please complete the items below. You may submit another form of written statement indicating that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the building permit issued by the local government may be submitted. The outdoor advertising sign identified in this application: '[51s in compliance with all duly adopted local ordinances and has been orwill be issued the necessary permits* ❑Is not in compliance with local ordinances, but is legally existing as a non -conforming sign. n ok• ❑Is not in compliance with local ordinances and is/would be considered to be an illegally maintained structure. I certify that i represent the governmental entity within whose jurisdiction the sign described herein is located and that the determinyi r decked in this section js jnade under my delegated authority. 4�/o Signatlu-01ocal Government Official (J 1 'Date T' � Svc es S(az /c _or�r('nq Printed Name and Title 197 1. ��Er' NOTE: Form mus be completed not more than six (6) months prior to receipt of the mpleted outdoor vertising permit application by the Department. 11 E - I 0--m- Property Information Map Digital Orthophotography - 2007 0 126 ft This map was created on 11/5/2008 8:44:16 AM for reference purposes only. Web Site 0 2002 Miami -Dade County. All rights reserved. Summary Details: Folio No.: 0136-936-0920 Pro e : 1330 NW 2 CT Mailing MARY E MAYS Address: 010 625 17326 NW 61 PL MIAMI FL inin Units; 33015-4515 Property information: rimary Zons: 6109 RESTRICTED 25 COMMERCIAL LUC; 0081 VACANT LAND eds/Baths: [Floors: 010 625 0 inin Units; 0 d' Sq Foota e: Lot Size: 10,375 SQ FT Year Built: 0 PARRYS RESUB PB 3- 163 LOTS 17-18-19 LESS N57.66FT & Legal WOFT OF LOTS 29 Description: THRU 38 BLK 1 LOT SIZE 10375 SQ FT OR 14503-870 0490 1 COC 5772-1938 06 2007 4 Sale Information: Sale 01R: 5772.1936 Sale Date: 612007 Sale Amount: $0 Assessment Information: ear: 2007 LandValue; 25 155,62 Buildln Value: E2008 $0 arket Value: 625 155,62 ssessed Value: 625 155 62 Taxable Value information: Year: 2008 2007- 007Applied Taxing Authority: AppliedApplied Exemption/ Exemption! Taxable Taxable Value: Value: Re tonal: $01$155,625 $01$155,625 our $015155 625 $01$155,625 I 0!$155,625 $0!$155,625 chool Board:$0!$155,625 $01$155,625 http://gisims2.miamidade.gov/myhome/Printmap.asp?mapurl=http://gisims2.miamidade.go... 11/5/2008 SEC smP53SOUm Site Plan and Sketck RANGE 41 EAST DESMIEDON BLOCK 1, LOTS 17 THROUGH 19 LESS THE NORTH 57.66' AND THE WEST 30 FEET OF SLOW 1, LGTS 29 THROUGH 38 OF PARRY'S RESUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 163 OF THE PUBUO RECORDS OF MAWI--DARE COUNTY, FLORIDA. Nam 1. 140 INSTRUMENTS OF RECORD REFLEC71NG EASSWENT$ RIGHT-OF-WAYS AND/DR OWNERSHIP ROZE FURNISHED THIS .SURMICR EXCEPT AS Sr-IOWN, 2. NO UNDERGROUND IMPROVEMENTS OR INSTALLATIONS NAVE BEEN LOCATED EXCEPT AS SHOW. J. LEGAL DESCRIPTION FURNISHED RY CLIENT. KISSIMMEE VAS. -FY SURVEYIM!M & MAPPING, INC. PRDMSSCMAL LAND S3RaYMS a: WPKRS 1711 EAMERM AVE., ST.CI =, FL 34762 PWWEA07-U2-4639 W-407-892-6421 REV1510?I5: WEhMED WRLARDL.' �}JRCF_T. fD: 01-3125-020-0630 MARY E MAYS 17326 NW 61 PL M1AW FL 33015-4515 TYPE OF SURVEY: pkuf C?QkF'• SCALE 0RWN 8Y. NK J05 W. sir � OF, � OM -0005 119zl;psr N.W. 14TH STREET I I I I I ! ! ! I PROPOSED I SIGNT,4 .7&W, 6 I f I I I. 1 ! I — __— I ! k ! 4 ! l I I I 4 ! Nam 1. 140 INSTRUMENTS OF RECORD REFLEC71NG EASSWENT$ RIGHT-OF-WAYS AND/DR OWNERSHIP ROZE FURNISHED THIS .SURMICR EXCEPT AS Sr-IOWN, 2. NO UNDERGROUND IMPROVEMENTS OR INSTALLATIONS NAVE BEEN LOCATED EXCEPT AS SHOW. J. LEGAL DESCRIPTION FURNISHED RY CLIENT. KISSIMMEE VAS. -FY SURVEYIM!M & MAPPING, INC. PRDMSSCMAL LAND S3RaYMS a: WPKRS 1711 EAMERM AVE., ST.CI =, FL 34762 PWWEA07-U2-4639 W-407-892-6421 REV1510?I5: WEhMED WRLARDL.' �}JRCF_T. fD: 01-3125-020-0630 MARY E MAYS 17326 NW 61 PL M1AW FL 33015-4515 TYPE OF SURVEY: pkuf C?QkF'• SCALE 0RWN 8Y. NK J05 W. sir � OF, � OM -0005 0 ZI20bd id: nd I i I` b l 154by1 Lig Mary E, Mays 17326 N. W. 51" Place Miami, FL 33 015 Cit#g .af �Czaxni December 8, 2008 Outlook Media of South Florida, LLC 2295 S. Hiawassee Rd., 4203 Orlando, FL 32835 PAGE 62 PEDRO G, HERNANOEZ, P.E. City Manager =TIFIEn HATT. RZTM RECETPr(s) REQU-ESTED 7006 2760 0001 5320 2766 7006 2760 0001 5320 2773 Re: .Suilding Department Permit Application for Construction of Biilboard Job Site: 1.330 NW 2"' Ct., Miami, FL Mary Mays Site Gentlemen: The Building Department is in receipt of a Pern-kit Application, received November 5, 20081 for die 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 Ordinance provides as follows: .10.4.5, Outdoor advertising signs; 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 advertising business, for the purpose of this section, is defined as the business of receiving or paying money for displaying signs where the siga 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 advertised on the sign. Except as otherwise provided_ in Articles 4 and 10 and/or the City Code or, pursuaat to this subsection no DEPARTMENT Or ZoNINc; 444 S.W. 2nd Avenue, 4"' Floor, Miami, FL 33130 {305} 416.1499 Teleeopier (305) 416-1490 Mailing Address; P.O. Box 330708 Miami, Florida 33733-07D8 L/LUUU 1J. JW U f JI LU Mary E. Mays Outlool. Media of South Florida, LLC December B, 2008 Page 2 new freestandin "Outdoor advertisi signs," as defined above shall be allowed, li With respect to existing outdoor advertising signs, Section 925.15 "Outdoor advertising signs" of Ordinance 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 shall be given HI force a -ad effect. Notwithstanding any provision of this Zoning Ordinance to the oontrga, permits for outdoor advertising signs may be issued pursuant to a Settlement Agreement f authorized—by, Resolution passed -by the Cit Commission i.ia oon'unction with the settlement of related liti ation which expressly authorizes issuance of such permits for said outdoor advertising signs, and theta only under the terms and conditions of settlelrnezat agreements that result in a net reduction'in the party to the settlement's number of ovtdoor__advertisinp-, signs located in the Cid of Miami. Consequently, no new "Outdoor advertising signs" are permitted in the City of Miami (hereinafter the "City") except pursuant to a Settlement Agreement authorized by the City Commission 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 (hereik7ater "FDOT") t�/.LL/4UGU ,L.J. JU Uf fU UJ.L LU rFAdt UQ Mary E. Mays Outlook Media of South Florida, LLC December 8, 2008 Page 3 regulations for any Outdoor advertising sign constructed under the Settlement Agreement. FDOT requires a permit for the construction of Outdoor advertising signs, to enforce their spacing regulations, FDOT requires the applicable municipality to sign -off ora the permit prior to its issuance. On. May 2, 2008, CBS authorized Outlook Media of South Florida, LLC. (hereinafter "Outlook Medial% to file applications for outdoor advertising sign permits with FDOT on CBS' behalf,. and notified the City of that authorization.. (See letter attached as Exhibit "A"). On rune 10, - 2008, CBS and Outlook Media entered into a Letter of Understanding concerning the above -referenced site. That letter acknowledged that Outlook Media would be submitting an FDOT Outdoor Advertising Application to the City for the above -referenced location, pursuant to authority granted in the CBS' Settlement Agreement with the City, (See letter of understanding attached as Exhibit "B"). On .Tune 12, 2008, pursuant to CBS' written authorization of May 2, 2008, the City executed a FDOT Application 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, or will be issued the necessary permits," (See FDOT Permit Application attached as Exhibit "C"). Subsequezatly, FDOT issued Florida Sign Permits to Outlook Media for this site (See FDOT Permits CO 920 & CG 921 attached as Exhibit "D-1 & D-2"), 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 assignment is approved in writing by the City Coriuuission, Any attempted assignment in violation of these requirements is void. The City has not been provided with any evidence that CBS has assigned its rights under the CBS Settlement Agreement to Outlook Media with regard to this Outdoor advertising sign, nor has the City Commission been requested to approve any such assignment. Subsequently, on October 24, 2008, CBS notified the City in writing, through its attorney, Clenzz N. Smith, Esq., of Ruden, McClosky, et al., that, pursuant to ale CBS Settlement Agreement, and its previous authorization to Outlook Media to file Applications for Outdoor Advertising Permits with FDOT on CBS' behalf, it was withdrawing the above-refereuced site as a location for an Outdoor advertising sign under the Settlement ,Agreement (See letter of October 24, 2008 attached as Exhibit E), On November 5, 2008, Outlook Media, as lessee, and Mary E, Mays, as owner, submitted the subject Permit Application for an Outdoor Advertising Sign at the above - referenced site, without providing any evidence of., (a) CBS' cozaserat to, approval of. or joinder in., the Application; (b) ani assignment of rights iu the CBS Settlement Agreement to Outlook Media approved by the City Commission; and/or (c) the satisfaction of the i a Marry E. Mays Outlook Media of South Florida, LLC December 8, 2008 Page 4 other requirements for the erection of an Outdoor advertising sign under the CBS Settlement Agreement, including, but not limited to, the applicable sign removal requirements and permit fees, These material omissions prevent us from taking any further action at this time except to deny the Permit Application, Because of the City's denial of this Pemait 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 deficiencies, technical or otherwise, that may exist in this Permit Application. Should you have any questions, please do not hesitate to contact me. Thank you, Sincerely, des Slazyk oning Administrator 150615 C Miami Zoning Board Resolution No.: 090007 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. QUIRKS, 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 10.4.8, OF ZONING ORDINANCE NO. 11000, AS 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 1330 NORTHWEST 2ND COURT, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. pret Berlin Yes Mr. Ron Cordon Yes Mr. Charles A. Garavaglla Yes Ma. Ileana Hernandez -Acosta Away Mr. Lazaro Lopez Away Mr. Juvenal A. Pina Yea Mr. Cornelius Shiver Yes Mr. Richard Teple Away Mr. Angel Urqulala Yes AYE: NAY! ABSTENTICNS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 6-0 l Teresita L. Fernandez, Executi ecretary Hearing Boards File ID#: 0900020za Z,4 April 21, 2008 Santiago Echemendia, Esq. Tew'Cardenas LLP Four Seasons Tower 1441 Brickell Avenue; 15th Floor Miami, Florida 33131-3407 M1200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDE=RDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527.2466 FAX: (954) 333-4066 GLENN,S MITH @ RUDEN.COM Re: Letter of Understanding between CBS Outdoor, Inc. ("CBS") and Outlook Media of South Florida, 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 Miarni ("City"). The parties acknowledge and agree as follows: 1. 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 Permit, 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 110 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 ■ NAPLE5 - ORLANDO • PORT ST. LUCIE • SARASOTA - ST. PETERSRIIRA • TAlI A14ACC[G Page 2 Company, located at approximately (the 'I§MM 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 the 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" means 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 14X4$ 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 Z�on I-95 north of I-395 and � 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 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. e. , 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 FINALDOC RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS - FF. LAUDERDALE I MIAMI I NAPLES I ORLANDO I PORT ST. LUCIE I SARASOTA I ST. PETERSOURG * TAIIAHASSFF I raneon Page 3 OM will assume, CBS's rights and obligations under4be Settlement ?agreement to said amended permit except for CBS' obligations pursuant to paragraphs (7a -7d), (8a), and (12a). CBS will provide for the removal of two (2) of its existing sign structures to allow the City to issue the said Amended Permit to OM under the Settlement Agreement , ., f, 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 Fee payments 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 ameneded 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 froln OM, OM will be paid compensation as set forth in 2c hbove. 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 "Wilm 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 Commercially Viable Location obtained by OM and if the econornics.of the two (2) sites are within five percent (5%) of each other, CBS will select the OM site. FINAL.DOC RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS - FL. LAUDERDALE • WAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA -ST. PETERSBURG • TALLAHASSFF • TAMPA . WrCT uki .. On— Page 4 b. CBS will assign the 14th 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. I 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 -15th 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 OMand 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 np less than six (6) month§ Ater the expiration of the Acceptance Period (or such later time as may be set forth in the Proposed Terms), and this Agreement shall tenzunate 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.DOG RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS • FT. LAUDERDALE - MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PAI M UACH 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 termination 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 rnight give. b. 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 thirty (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. I will proceed with the necessary documentation to effect the intentions expressed herein. Sincerely, CBS OUTDOOR, INC. By: FINAL.DOC RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS • FT. LAUDERDALE • MIAMI • NAPLES -ORLANDO -PORT ST. LUCIE ■ SARASOTA 4 ST. PETERSBURG -TALLAHASSEE -TAMPA • WEST PALM BEACH Page 6 Acknowledged. and A eed: This t day of , 2008 MEDIA, OF M. FINAL.DOG RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS • FL LAUDERDALE -MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST_ PFTFRS9uRC • TA 11 SHdCGFF 0 TA.ADA *CBS OUTDOOR May 2, 200E Orlando Toledo Senior We= City Manager's Office City of Miami 444 SW 'end Avenua Miami, Florida 33130 Dear Orlando, CB5 outdoor, Inc; and Outlook Media of South Florida, LLC have signed a letter of understanding dated May 1, 2o0B (the "Agreement"), please accept this letter as confirmation that In accordance with the terms of the Agreement, CBS Outdoor, Inc. consents to Outlook Media of South Florida, LLC piing Applicatlons for outdoor AdVardsing permits with the Florida Department of i'ransportatlon on our behalf. Yours truly, S outdoor, Inc. Little VP OF (teal Estate SE $9t14 CYPRESS PARK pRFVE. TAAiPA, Fl 13634.4+462' Ce 13) BBB.5541 ■ PAX (81,3) 666-8744 • cbsoutdoor.oano 6k 12/12/2008 13:58 87754E91.20 PAGE 07 PAGE 02 k ;1uPa motue 1<+t:i eno*v.*p ' i 90kOLLy44p R&Wc:r bAd/Dr Sacy T nrjnmq,, Oudv*k Meciim n! S-66', Florida, L.LC Z29$ S, kl'sawerseee Ad. Suitt 203 Orl mvE o, JrL 1215 3 ke. Undmumding barween CBS Ougaoer, Jac, ("�.BS") +ind Gutlerg ylydia of Sa4rh FIGtrda. LLC ("OM") D* v Hark ley TA's "ewer' se,[s fv th VW ugderitaWin& b"weap CBS and -]hi aonceming r pxKpectivjL 6ht itr►Owrt to tach o! 4!< m she '"lvtary MOW' Srtr 90 b* Wdirxd in ranjum- n with lire Sotxlem*ns +RirrCrrent b'mwhn CBS Meal ;?` Ciryr Of MWhi ('Cit)") The psrtiep aaxssow-Isd&•e aou agree Its PoJldw�. !, aM hat ■ubmtrsed �� FmC}T ODA appyictrron torn! Wr!►c City and oke Crsy ! siWtied the fotvt atdirtging Iia rppna�oJ ottnt Mary i+Iaya cite 0 etasnt to thr CBS Sittic7nt�tAgrvwM*nt with 1� Cir. COS writ rsaian its Imurast in im "Mary Mays" L4rase to OJK tog no nioemtrry aarrsiclarmton. LJ' OM it s6"e910W ir► QtK ining i FDOT Jem),r (0j. the srtr, the J�arve9 �g>tx that tkecrdrGr OM nor CHS wlfl b", Seal, ranv*)•, lease•, Dr Jn sAy crther way 4tek 10 gain mcnatary coAmIdtrst,on with f"pecr w tite Le,tie ■nd %he Prmnnij) +a..ith =lbv Wvr `«ri en ■pproral ofthe athur p►rsy. out hie Lotur is aitading bscWeart the parties &%ct establi5 he4 rht= ImVc-' buPM&& paimt and )rviirionx of the Pwtre�' a ct kyr Oie rtarsf t#tcbn. yawever, i[ ii nos aN-rr�cittsivtt to tr►ttt rt yea not contain Au tilt duel pointe. Thr partitrt agree to sxgand apart ehJg E.t+ttar of ndcof'jWin� itt /ooC Rich to PnR+ra r i5tll agrema�ae,r thu cern :it oweetftsrl within thirty (34) rm of itte data Of 011 Ll tdO of V�r=tanaing, Stteh atrtberront chat) be eorlsi,%OW with the WL of chit tsbi t to Unde�%jag. sg mid cmWrr -RLLrh Aarsher tcxsrs acid eandili"r tts ire uc4ally acceptable to the pareses, ,Hvwevnr. ttvc taiJum L�r, the pnnies to ctm,picux tt Jul; 71mrAcor aJaelJ. nDt inva djue the t■,ms of Chia !-siert Of Qn6eretAn[ring or ozoUee either P ln-r a h r rrrr l»g Its abl igadia►is au+o rs$pon 6i bi i ctiaT %J set forrh ht.ra.i n yo0u0 vc ..� @hrevmehl w,reb the farmgkrng, picaate itidlt me• Madit Dr 5bu[h FJo " LLC . , ; C8S OWdO-r. Inc G Resolution No.: 08-079 Monday, October 20, 2008 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 GRANTED THE APPEAL BY HARKLEY R.THORNTON OF THE ZONING ADMINISTRATOR INTERPRETATION DATED AUGUST 21, 2008, REGARDING THE REVOCATION OF THE "OUTLOOK MEDIA OF SOUTH FLORIDA, LLC" SIGN PERMIT, Upon being seconded by Ms. Meana Hernandez -Acosta, the motion was passed and adopted by the following vote; Mr. Bret Berlin No Mr. Ron Cordon Away Mr, Joseph H. Ganguzza Away Mr, Charles A. Garavagiia Yes Ms. ileana Hernandez -Acosta Yes Mr. Lazaro Lopez Yes Mr- Juvenal A. Pina Yes Mr. Cornelius Shiver Yes Mr, Richard Tapia Yes N!t..,HngeL.Urquiola... Yes AYE: 7 NAY: .................... ........ ..... .... ...._....._-................_....:,............,...,............ NO VOTES. 0 ABSENT: 2 Ms. Fernandez: Motion passes 7-1 f e-resita L. Fernandez, Executive cr `etary Hearing Boards File ID#-. 08-01081za Z.5 H 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 LAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 3330T POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2466 FAX: (954) 333-4066 GLENN.SMITH@RUDEN.COM Re: City of Miami (`°City")1 CBS Outdoor, Inc. ("CBS") Settlement Agreement Dear Warren: Attached hereto is a list 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 permittable under FDOT rules 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. 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:294 0443:1 RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, PA. BOCA RATON • CARACAS • K. LAUDERDALE -MIAMI • NAPLES • ORLANDO • FOKT ST, LUCIE • SARASOTA • ST. PETERSBURG - TALLAHASSEE F TAMPA -WEST PALM BEACH Page 2 Please contact me if you have any questions. Sincerely, Glenn N. Smith GNS:Iad Enclosure CC: Mr. J, C. Clements Mr. Joe Little Mr. Billy Lang Mr. Ed Scherer Veronica Xiques, Esq. FTL:2940043:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ROGG RATON • CARACAS • FT. LAUDERDALE • M1AMI • NAPLES - ORLANDO • PORT ST. WOE • SARASOTA • ST, ME RSOURG • TA"HASSEE . TAMPA - WESC PALM BEACH 0 0 SO Initial Amended_ Prouerty Owner ADDRESS FOLIO 4 � 7or►inn Gateway Comment Permit 1 City of Miami (Jose Marti) 362 SW 4th Street ES t-95 n/o SW a"� __i10 -2030 -70f -D30 PR Yes 2 City of Miami (Fem Isley NS SR836 w/o 22nd Ave _ _ ' 13 1340 8040010 PR Yes 3 _ Lummis 350 NW 2nd St 01-0110-490-1470 1 0 Yes _ 4A Oppenheim RE Venture LLC 245 NE 37th St 101-3219-045-0020 — _ SO -8 _ 4B --- - _ Titan 1085 NE 79`h Street —_� 101-3207-015 2930 1 l G1 Amended Pennt Proneft Own ADDRESS FOL10 # ; Zoning : C3_ fft Commen s- r< 01-0936 035-0340 I l 6 1+Aarrintt 1201 NW 42"d Avenue X01.3132-027-0010 C-2 • . 1400 NW 371° Ave (NS SR 836 400 ft w/o Nwi0i-3132-000-0080 C-1 7 FCity of Mlami (Grapeland) 37th AveL .� .._ Up-c-afigns gufti 1 Consideration npe ding Property Owner A13DREESS i FOLIO # t Zoning Gateu►ay Comment resotuSon of State Issues 8 Eu Imo Land Co. 13621 NE CT 01-3124-022-0160 SI}8 Yes This location would have to be removed _ 3170 NE 38"` ST (NS i 195 Wla N!= 2'� I01 3124-022-0120 I C-1 ' I Hako Holdings ! ( Yes if Oppenheim (4A is constructed. 9 10 Sevennlns LLC 1700 SW 3rd Ave 01-4138-001-2070 C-1 11 Taoolcy Development (Edison)670 NW 6th Ct 01-0113-087-0030 C-1 12 Issac 5850 NW 65th ST 01-3113-025-0100 C-1 13 Srebnick Mat LLC Austin Burke) 545 NVV 26th ST 01-3125-025-0320 1 14 Bakehouse 561 NW 32nd St OT -3125.020-0630 GA 15 ContempM Contractors 4291 NW7th Ave 01-3124003-1440 C-1 16 GT Used Trucks 636 NW 23rd ST 01-3125-035-0360 l 17 Elks Lodge 4945 NW 7th Ave 01-3124-001-0340 C-1 18 CjtV of Miami (Gibson Park) 350 NW 13th ST 013136,058-0010 PR New. FOOT form not preciously 19 Tanaka 570 NW 67th St 01-0113-025-4041 C-1 submitted to c1ty Locations we are Property Owner DA DRJES_S ; FOL]O # s Zoning GateYYaV Comment W thdrewaing 1,345 NE W ST LLC {Richards) $435 NE 36 ST 13-2190.000-08Li l C-1 _Withd_raW Withdraw Cam Partners 328 334 Ela ler 01-4137-036-0020 C 1 Yrs Withdraw Mary Ma 1330 NW 2nd Court 01-3136 03E0020 C-1 Yes iilRuden McClosky October 2.5, 2003 Vii E -Mail and LIS. Mail Santiago Echemendia, Esq. Tew Cardenas LLP Four Seasons Tower 1441 Brickell Avenue, 15th Floor Miami, Florida 33131-34.07 Re. CBS Outdoor/outlook Media ­ Mary May Site Dear Santiago: 200 MST RROWARD ROUL6VARD SUITE IS 00 FORT LAUDERDALE, FLORIDA 33301 POST OFFII:E BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) W-2466 FAX; 054) 333-4066 GLEN N.SMITHORUDFN.COM The purpose of this letter 4to confirYn the position (if CHS with respect to the ]VEay May site under CBS's Settlement Agreeraerit with the City of Miami and the Letter of Undurstanding dated April 21, 2008 with Outlook (the "Lea(( of Understanding"). The background facts conceming this site are as follows: 1. Outlook, with CBS's approval, submitted an FDOT application for ibis Bite to the City. The City signed off on the application pend the application was submitted to FDOT for issuance of a state permit. FDOT did in fact i3SUD a stated ;taerneait for this location. 2. Outlook's actions ir.t obtaining a, state permit for this site were performed on behalf of CBS. The site was to be tendered to CBS as one of the sites to be obtained by Outlook and offered to CBS under paragraphs 2c and e: of the Letter of Understanding. 3, A meeting was heW. in August, 2008, belhveen CBS and City staffto discuss several issues concerning the Settlement Agreement between CBS and the City, none of these issues having to do with the Mary May site, At that meeting, the City, through its representatives, informed CBS that. the City's si,pl off on the FDOT application for the Mary May site had been made in euor and was going to be withdrawn. The City mpresenlatives stated that one of the City Commissioners had prorni.,icd a cGmp6ting site to Clear Channel under the proposed amendment to the Clear Channel agreunent with Ifte City. 1-7L.2937977:2 1ZUDEN, McCI.OSKY, SMITH, S('.HUSTI-R & RUSSELL, P.A. ROCARATON • CARACAS • PT. LAUDERDALE - MIAMI ° NAPLES tOIICAMGO + PO{CISf•LI)CIE Q SAIUSOTA ° 5T. PETERSBURG • TALLA}IASSM - TAMPA I WW PALM UACH Page 2 4. Iii light of the City's .posture that the City had approved this location in error, CBS committed to withdraw its application for the Mary May site, CBS made this decision, to avoid conflict with the City over this location, particularly since CDS and the City have just begun to cooperate to enable CBS to obtain the 15 amended permits under the Settlement Agreement. S. At a more recent meeting, CBS Ire. -confirmed to the City that CBS will withdraw its application for the Mary May site and will be sending a latter to the City conftrmb.-Ig CBS's withdrawal of its application for this location. Although CBS is not requixed to do w under the. Letter of Understanding, CBS hereby confirms that, in light of the foregoing factual background, CBS agrees to give Outlook, the same credit and financial compensation for the Mary Maysite that Outlook world have recoNed under the Letter of Understanding if CEIS had built a sign on that site, Thus, CLAS he;raby gives Outlook credit fox one location under paragraph 2C of the Letter of Understandia ? and agrees that Outlook is entitled to a development fee of $200,000,00 under paragraph 2e of the Letter of Understanding, CBS will pay said $200,000.00 Ix) Outlook in accordance with paragraph 2d of the Letter of Understanding, provk taDd that Outlook assigns to CBS the FDOT application and the state permit and reassigns the lease to CHS. If Outlook so desires, it can sw-render the state permit directly to FDOT. It is CBS's intent to place Outlook in tho same position that it would achieved under the Letter of Understanding as if CBS had built a sign at the Mary May site. It is flather CBS's intent and belief that by giving Outlook the credit for asite and paying the development fee of $200,000.00, C13S has in fact plated Outlook in this position. Please contact me a calf if you have any quostions. Sincerely, Cllecin N. Smith GNS :lad CC: Mr, J. C. Clements Mr, Joe Little FTL:2997977,2 RUDEN, WCLOSKY, SMlTI� S(,-HL6TER. & RUSSELL, P.A. r.�rrr.�r rrowiwuw�aewwr.r�®a�vr� COCA RATAN • CARACAS - FT. LAUAFRAALE a MIAW - NAPLU � ORIAN00 P PORT 5 r.IUCIE . SAF ASOTA + 3 r. PETERSBURG • TAl1AKA8,SFF. v TAMPA ^ WUT PALM HACH 12/12/2008 13:58 877541391-2EF1orida epartment of Transportatiolf A�rFisnde.cam n Jutdoor Advertising Sign Detail PAGE 09 Page 1 of 1 FSaarch Database Information Reports and Queries Download Data 1 Outdoor Advertising Database - Sign Detail - CG920 This page lists detail information about the permit, facing, sign and section for the selected tag. The i information displayed on this page is from the Florida Dept. of Transportation Outdoor Advertising Inventory Management System. � Enter Tag #: Search Locetinn infnematinn- Ra ion 5 -County Miarn _Dade State road 836 Local name Dolphin Ex w . US Route - Class Prima RCI Section 87200000 Direction East Section begin Turn ikel State Road 821 # Supports 1 Sactfan end I Be innin of MacArthur Causeway Bridge Date removed --+ - Strueturp Infnrmutinn- Pnrmifr. nn thin Rtraje4tirw nrigpn rmci21 milepost 12.136 Conforming? Yes Section side Right Date built - Latitude - Configuration V -Sha ed Longitude - Material Steel Li htS I Yes # Supports 1 Height 60 feet- Date removed --+ - Structure is 0.013 miles West of NW 2nd Court Permit Ifacinnl Information: Issue date 07/1012008 Tag# CG920 Date built - Permit status Active Sign reads Left 5 uare feet 672 HAGL 54 feet Date removed - I nventory pictu Picture Not Available Permittee LIOUTILOOK Tag_history: ,M,EDIA OF SOUTH FLORIDA, LLC Tag# CG920 ,Tag# CG744 Please note that the conformity status of a sign may change. Although the Department endeavors to update this section of Its records as often as possible, there may be reasons why a sign has become nonconforming that are unknown to the Department. before taking any actlon on the assumption your sign is conforming, you ohould check with Department porsonne€ (contact information listed below) This site is maintained by the Florida Department of Transportation Office of Right located at 505 Suwannee Street, MS22, Tallahassee, FL, 32399-0450. For additional information, please e-mail questions or comments to juan ce. pagan„@dot_state flus or ynn.hoischuhi dotatatl=:fl,us or call 850-414-4546 or FAX 850-414-4850 I httA://www2.dot.state.fl.us/riwhtofway/PermitDetail.asi3x?ID^cg920 12/12/2008 13:58 8775489120 k' &ida (Department of Tr=sportatio. %Ore Coat PAGE 10 outdoor Advertising Sign Detail rSearch Database Information -TRepvrts and Queries Download Data 1 Outdoor Advertising Database . Sign Detail - C0921 This page lists detail information about the permit, facing, sign and section for the selected tag. The information displayed on this page is from the Florida Dept, of Transportation Outdoor Advertising Inventory Management System. Enter Tag #: Search Locstinn InMrmatinn! Re ion 5 Coun Miami -Dade State road 836 Local name Dolphin Ex w , US Route - Class prima RCI Section 87200000 Direction East Section begin Tum ikel State Road 821 1 Section end Beginning of MacArthur Causeway Bridge Tag history: Rtrueture Infnrmatinn: P armitu mn Ehitt Atrttr_fitra• r;CM90 Milepost 12,436 Conformin ? Yes Section side Right Date built Permit status Active Latitude - Configuration V -Sha ed Longitude - Material Steel Lights Yes # Supports 1 Hei ht 60 feet Date removed Tag history: Structure is 0,013 miles West of NW 2nd Court Tag# OG921 Permit ffacinal Information: Issue date 07110/2008 Ta # CG921 Date built - Permit status Active Sign reads Ri ht Square feet 672 HAGI. 64 feet Date removed - Inventory picture Picture Not Available Permittee UUTLOOK MEDIA OF SOUTH FLO_ RIDA t_LC Tag history: Tag# OG921 Tag# CG745 Please note that the conformity status of a sign may change. Although the Department endeavors to update this soctlon of its records as otten as possibie, there may be reasons why a sign has Become nonognforming that are unknown to the Department. Before taking any action on the assumption your sign is conforming, you should check with Department personnel (contact Information listed below) This site is maintained by the Florida Department of Transportation Office of Right of located at 605 Suwannee Street, MS22, Tallahassee, FL, 32399-0450. For additional information, please a -mall questions or comments to a----.. __....-9 t, _. Y - --- ....._..._ tate,fl.us uanice ha an a state. us or _nn..hplschuh dpt.s or call 8fib-4114-4-645 or FAX 850-414-4850 Page I of I http://www2.dot. state.flus/ rightofway/Perm.itDetail, asox?ID=CO921 1219/2008