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
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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.
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Application Received by: Date: Permit Authorized by; Date
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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.
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Application Received by: Date: Permit Authorized by; Date
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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.. .
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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
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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
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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
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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