HomeMy WebLinkAboutSubmittal-Appeals by Outlook Media•
APPEALS BY
OUTLOOK MEDIA
FROM DENIAL OF
BUILDING PERMITS
FOR
OUTDOOR
ADVERTISING SIGNS
� SUBMITTED INTO THE
' PUBLIC RECORD FOR
ITEM ON
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CONTENTS
1. OUTLOOK NOTICE OF APPEAL —1700 N.W. 3rd AVE.
1A. OUTLOOK NOTICE OF APPEAL— 1330 NW 2n1 CT.
2. ARTICLE 21, MIAMI ZONING ORDINANCE
3. SECTION 10.4.5, MIAMI ZONING ORDINANCE
4. SETTLEMENT AGMT BETWEEN CITY OF MIAMI AND CBS
5. CBS LETTER TO CITY OF MAY 29 2008
6. FDOT APPLICATION FOR 1700 SW 3rd AVE.
6A. FDOT APPPLICATION FOR 1330 NW 2nd CT.
7. CBS LETTER OF CITY OF AUGUST 26, 2008
8. CBS LETTER TO CITY OF OCTOBER 24, 2008
9. APPLICATION FOR BUILDING PERMIT —1700 SW 3rd AVE.
9A. APPLICATION FOR BUILDING PERMIT —1330 NW 2nd CT.
10. LETTER DENYING BUILDING PERMIT —1700 SW 3rd AVE.
10A LETTER DENYING BUILDING PERMIT —1330 NW 2nd CT.
11. ZONING BOARD RESOLUTION - 1700 SW 3rd AVE.
11A. ZONING BOARD RESOLUTION— 1330 NW 2nd CT.
12. CBS REQUEST FOR INTERVENTION —1700 NW 3rd AVE.
12A. CBS REQUEST FOR INTERVENTION —1330 NW 2nd CT.
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
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TEW • CARDENAS LLP
A T T 0 R N E Y' S A T L A W
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February 19, 2009
Ms. Teresita Fernandez
City of Miami
Clerk of the Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
FOUR SEASONS TO'A ER
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' Re: NOTICE OF APPEAL - Building Permit Application for
Construction of Billboard at 1700 SW 3`d Ave.
Dear Ms. Fernandez:
Please consider this as a notice of appeal of the zoning board's decision upholding
the denial of a building permit for a sign located at 1700 SW 3`d Ave. ("the Sevennine
Sign"). On November 6, 2008, Outlook Media of South Florida LLC ("Outlook")
submitted an application for a building permit for the Sevennine Sign (attached as Exhibit
' A). On November 14, 2008, Outlook filed a petition for writ of mandamus ("the
Petition"), requesting an order directing the City to process and.issue a building permit
for the Sevennine Sign.
The zoning administrator, Lourdes Slazyk, issued a letter denying the building
permit for the Sevennine Sign on December 8, 2008 (the "December 8 Letter," attached
as Exhibit B). Outlook appealed the zoning administrator's determination to the zoning
board. On February 9, 2009, the zoning board denied the appeal (copy of Resolution
attached as Exhibit Q. This is a notice of appeal of the zoning board decision, in
accordance with Article 20 of the City of Miami Zoning Code.
In the December 8 Letter, the zoning administrator cited the lack of evidence of
the following items as reasons for denial of the building permit:
1. CBS consent to, approval of, or joinder, in the application for the Sevennine
Sign; i
2. Assignment of rights in the CBS Settlement Agreement to Outlook approved
by the City Commission; t
3. FDOT permit for the Sevennine Sign;
4. Satisfaction of the sign removal requirement; 5
5. Payment of the permit fees.
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
Ms. Teresita Fernandez
February 19, 2009
Page 2 of 7
None of these reasons are a basis for the denial; because Outlook has clearly met
all of the requirements for issuance of the building perm- it, including those cited by the
City in the December 8 Letter. In fact, the City has previously approved the location of
the Sevennine Sign, and certified that the Sevennine Sign "is in compliance with all
duly adopted local ordinances and has been or will be issued the necessary permits."
Thus, the building permit should be issued immediately, in accordance with the City's
previous certification, and for the following reasons.
CBS has consented to the application for the Sevennine Sign
On or about May 1, 2008, CBS and Outlook entered into a Letter of
Understanding (attached as Exhibit D), which set forth the terns and conditions for the
assignment of Amended Permits to Outlook. In accordance with the Letter of
Understanding, CBS transmitted a May 2, 2008 letter to the City of Miami authorizing
Outlook to file applications for outdoor advertising permits.
A. The May 2, 2008 letter is CBS authorization for the Sevennine Sign
In the December 8 Letter, the City cites a May 2, 2008 letter from CBS to the City
of Miami which states that "CBS Outdoor, Inc. consents to Outlook Media of South
Florida, LLC filing Applications for Outdoor Advertising Permits with the Florida
Department of Transportation on our behalf." See Exhibit E. Based on this letter, the
City signed the FDOT form 575-070-04 for the Sevennine application, certifying that "is
in compliance with all duly adopted local ordinances and has been or will be issued the
necessary permits." See Exhibit A. Thus, the City previously recognized CBS' consent
to the Sevennine Application.
At the zoning board hearing on February 9, 2009, the City attempted to argue that
CBS only authorized Outlook to file FDOT forms for outdoor advertising signs, but not
building permit applications. This argument must fail because an FDOT permit and a
building permit are inextricably intertwined- the City signature on the FDOT form is
approval of the LOCATION of the sign, and the building permit is approval of the
STRUCTURE.
The City admitted on the record at the February 9, 2009 zoning board hearing that
since CBS is not the lessee or property owner of the Sevennine location, the City could
not issue a building permit to CBS for the Sevennine Sign. Therefore, Outlook has to be
o c the applicant on the FDOT form and the building permit application because an
NN a 3 ownership or other interest in a property is required for both applications.
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CU 90n N � o authorization to file FDOT forms for the location is necessarily authorization to file
n P. M + building permit applications for the structure- the permits cannot be separated. The City
3 3 3 M cannot claim that it would approve the location for the sign for Outlook, but would only
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Page 3 of 7
approve the structure for CBS. Therefore, the May 2, 2008 letter is clearly evidence of
' CBS consent to the FDOT and building permits for the Sevennine Sign, as previously
recognized by the City.
t B. The City certified that the Sevennine Sign "is in compliance with all
duly adopted local ordinances and has been or will be issued the
necessary permits"
' The City asserts that Outlook is not entitled to a building permit for Sevennine
because Section 10.4.5 of the City code states that no new outdoor advertising signs shall
be issued, except pursuant to a Settlement Agreement authorized by Resolution.
However, on June 26, 2008, the City certified that the Sevennine Sign "is in compliance
with all duly adopted local ordinances," including Section 10.4.5. The City recognized
' CBS consent to the Sevennine Application.
Thus, the City cannot now assert that there is no evidence of CBS consent to the
' building permit application, because the City recognized the consent in approving the
location of the Sevennine Sign. As discussed above, the FDOT permit and the building
permit are inextricably intertwined, and consent to the FDOT application is necessarily
' consent to the building permit application. Therefore, there is undeniably evidence of
CBS consent to the Sevennine application, as previously recognized by the City.
' C. CBS affirmed their consent in a letter dated October 24, 2008
CBS Outdoor sent a letter on October 24, 2008 (attached as Exhibit F), listing
' Sevennine as a CBS location pending resolution of State issues. This is further
affirmation of CBS consent to the Sevennine application. Therefore, there is evidence of
CBS consent in the May 2, 2008 letter, which has been afffi ned by CBS in the October
24 letter to the City of Miami. Thus, there is evidence of CBS consent and this is not a
proper basis for denial of the building permit.
City Commission Approval is not required for
Assignment of an Amended Permit
A. City Commission Approval is only required for an assignment of "all of the
'
rights and obligations of CBS under this Agreement"- NOT for an
assignment of an Amended Permit
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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
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Agreement to Outlook. Section 19(f) states that an assignment will not be valid unless
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(1) the assignee shall execute an Agreement to be bound by the terms and conditions of
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Page 4 of 7
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An `assignment' has been defined as a contract to transfer a complete and
present interest in property or some other right. Florida Power & Light Co. v. Road
Rock, Inc., 920 So.2d 201 (Fla. 4" DCA 2006). In FPL v. Road Rock, the court found
that the assignment of rights required the written consent of the other party, However,
the language in that agreement was unequivocal- "[n]either this contract nor any interest
herein shall be assignable by either party without the written consent of the other." Id,
(emphasis supplied). On the contrary, the CBS Settlement Agreement requires City
Commission approval for any assignment in which the assignee accepts "all of the rights
and obligations of CBS under this Agreement."
Therefore, since the assignment of rights was only an assignment of some rights
under the CBS Settlement Agreement, and was not a complete assignment of "all of the
rights and obligations of CBS under this Agreement," City Commission approval is not
required.
B. The partial assignment of rights to Outlook was ratified by the City
The City signed FDOT Form 575-070-04, which is a ratification of the partial
assignment of rights to Outlook under the CBS Settlement Agreement. The City took
notice of the assignment, with the May 2, 2008 letter and the Sevennine Agreement:
Thereafter, the City signed the FDOT form for Sevemmne, which was a ratification of the
partial assignment of rights.
The City admitted at the zoning board hearing that an FDOT form would not be
approved for an entity without a settlement agreement, Thus, the approval of the FDOT
form for Sevemline is necessarily a ratification of the assignment, and recognition of
Tights pursuant to the CBS Settlement Agreement, Based on the ratification, the City
cannot now claim that the assignment was invalid.
C. The City is estopped from asserting that the assignment of rights to Outlook
requires City Commission approval
The first time that the City asserted that assignment of rights to Outlook required
City Commission approval was the December 8 Letter denying the building permit for
the Sevennine Sign, In fact, the City recognizes the May 2, 2008 letter from CBS as
authorization for Outlook to submit FDOT applications for outdoor advertising signs.
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The City never asserted that this May 2, 2008 authorization required any City
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Commission approval. In fact, the City signed the local government permission section
of FDOT Form 575-050-04 on June 26, 2008, certifying that the outdoor advertising sign
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Ms. Teresita Fernandez
February 19, 2009
Page 5 of 7
49
The City acknowledged that the reason the City signed the FDOT form 575-070-
04 for Sevennirle was because Outlook had authorization from CBS. The City stated on
the record that an FDOT form would not be accepted from any entity- it had to be an
entity with a settlement agreement or that was otherwise authorized to file forms in
accordance with one of the settlement agreements. Thus, the City recognizes that the
May 2, 2008 authorization was an assignment of rights, but the City did not require City
Commission approval prior to approving the location of the Sevennine Sign.
At the zoning board hearing on February 9, 2009, the City attempted to argue that
CBS only authorized Outlook to file FDOT foims for outdoor advertising signs, which
authorization was not an assignment of rights. However, this argument must fail because
as previously discussed, the FDOT and building permits are inseparable. The City had to
recognize an assignment in order to approve the location of the Sevennine Sign- the City
cannot assert that City Commission approval is required for the structure (the building
permit), but not for the location of the sign (the FDOT form). The approval of the
location requires the recognition of the assignment of rights under the CBS Settlement
Agreement, and the City is estopped from now asserting that approval of the structure is
an assignment which requires City Commission approval.
Outlook relied on the City's signature on the FDOT form 575-070-04, and
incurred significant expenses incurred in securing a permittable location for the sign, as
well as expenses incurred in an administrative hearing in pursuit of the FDOT permit for
1 Sevennine Sign. Therefore, the City is estopped from now claiming that the City
Commission must approve the assignment of the Amended Permit.
1
An FDOT Permit is Not a Prerequisite to the
Issuance of a Building Permit
There is no requirement in the City of Miami code, or the CBS settlement
agreement, that proof of an FDOT permit is required as a prerequisite to the issuance of a
building permit for an outdoor advertising sign. It is acknowledged that both a permit
from the City and FDOT is required for the construction of an outdoor advertising sign.
However, the issuance of the FDOT permit is not a prerequisite to the issuance of a
building permit. In fact, FDOT accepts a building permit for an outdoor advertising sign
as evidence of local government permission.
Thus, neither is a prerequisite to the other. The Sevennine Sign application has
been complete and pending approval contingent upon the resolution of the administrative
appeal for the sign proposed at 299 SW 17th Rd. (See Letter from FDOT dated July 3,
2008, attached as Exhibit E). FDOT issued a Final Order denying the conflicting permit
on January 22, 2009 (attached as Exhibit G). Although this Final Order has been
appealed to the First DCA, case law is abundantly clear that "[a] party cannot raise issues
on appeal that were not properly excepted to or challenged before an administrative
body." See Comm`n on Ethics v. Barker, 677 So.2d 254, 256 (Fla.1996); Couch v.
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February 19, 2009
Page 6 of 7
Comm'n on Ethics, 617 So.2d 1119, 1124 (Fla. 5th DCA 1993); Kantor v. Sch. Bd. of
Monroe Count', 648 So.2d 1266 (Fla. 3d DCA 1995); Henderson v. Department of
Health, Bd. ofAfursing, 954 So.2d 77 (Fla. 5" DCA 2007).
Therefore, Outlook is confident that the appeal will be summarily dismissed,
which will allow the processing of the FDOT application for the Sevennine Sign, Most
importantly, although an FDOT permit will be required prior to construction of the
Sevennine Sign, the FDOT permit is not a prerequisite to the issuance of a building
permit by the City of Miami. Therefore, the pending FDOT permit is not a basis for the
denial -of a building permit for the Sevennine Sign.
Compliance with all requirements- Sign Removal and Permit Fees
At the zoning board hearing on February 9, 2009, the zoning administrator
admitted on the record that (1) the 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 Permit must be removed prior to construction of the new
outdoor advertising sign. There is no requirement, in the City of Miami ordinances or the
CBS Settlement Agreement, that signs must be removed prior to issuance of the building
permit. The zoning administrator conceded this point on the record at the zoning board
hearing on February 9, 2009.
The fact that the 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:
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1. Outlook agrees to travel under the CBS Settlement Agreement, and will assign
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the lease, FDOT permit, and building permit for the Sevennine Sign to CBS.
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2. Outlook stipulates the Sevennine Sign will not be an LED.
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3. Outlook will obtain an FDOT permit prior to consti-action of the outdoor
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Ms. Teresita Fernandez
February 19, 2009
Page 7 of 7
For the aforementioned reasons, Outlook has clearly met all prerequisites for the
issuance of a building permit for the Sevennine Sign, as asserted in the Petition. in
accordance with Section 2001 of the City Zoning Code, any aggrieved party may request
review of the decision of the zoning board. Since Outlook is the applicant for the
building permit in dispute, Outlook is undeniably an aggrieved party of the denial of the
Sevennine building permit, and has standing to appeal this decision.
Therefore, pursuant to Section 2001 et seq. of the Zoning Code, Outlook has
submitted this request for review of the zoning board decision, to presence any rights,
arguments, or remedies related to the denial of the application for a building permit for
the Sevennine Sign by the zoning administrator.
Sincerely,
Amanda L. Quirke
Enclosures
cc: Santiago D. Echemendia
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A.'rhompson
City Clerk
TEw CAen>:_xas LLP
Four Seasons Tower, 15th Floor, 1441 Brirkell Avenue, Miami, Florida 33131-3407. 345-536-1112
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Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
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TEW • CARDENAS LLP
A T T O R N E Y S A T L A W
MIAMI - TALLAHASSEE • WASHINGTON DC
AMANDA L. QIIUUI .E
YVRITER'SD1r urLj-\T:.305.5346S216
E-NLuL: AQCa (cvrlaw.cow
February 19, 2009
Ms, Teresita Fernandez
Clerk of the Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
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Re: NOTICE OF APPEAL - Building Permit Application for
Construction of Billboard at 1330 NW 2Dd 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"d Ct. ("the Mary Mays
Sign"), On November 5, 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
1 permit for the Mary Mays Sign on December 8, 2008 (the "December 8 Letter," attached
as Exhibit B). Outlook appealed the zoning administrator's determination to the zoning
board. On February 9, 2009, the zoning board denied the appeal (copy of Resolution
1 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:
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None of these reasons are a basis for the denial, because Outlook has clearly met c
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Re: NOTICE OF APPEAL - Building Permit Application for
Construction of Billboard at 1330 NW 2Dd 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"d Ct. ("the Mary Mays
Sign"), On November 5, 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
1 permit for the Mary Mays Sign on December 8, 2008 (the "December 8 Letter," attached
as Exhibit B). Outlook appealed the zoning administrator's determination to the zoning
board. On February 9, 2009, the zoning board denied the appeal (copy of Resolution
1 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;
4. Payment of the permit fees.
'
None of these reasons are a basis for the denial, because Outlook has clearly met c
all of the requirements for issuance of the building permit, including those cited by the
'
City in the December 8 Letter. In fact, the City has previously approved the location of
Submitted into the public
record in connection with
'
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
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 immediately, 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 zoning board hearing on February 9, 2009, the City attempted to argue that
CBS only authorized Outlook to file FDOT forms for outdoor advertising signs, but not
building permit applications. This argument must fail because an FDOT permit and a
building permit are inextricably intertwined- the City signature on the FDOT form is
approval of the LOCATION of the sign, and the building permit is approval of the
STRUCTURE.
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City admitted on the record at the Februay 9, 2009 zoning board hearing that
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since CBS is not the lessee or property owner of the Mary Mays location, the City could
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not issue a building permit to CBS for the Mary Mays Sign. Therefore, Outlook has to be
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the applicant on the FDOT form and the building pelmit application because an
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ownership or other interest in a property is required for both applications.
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' 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 'ale 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, "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 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 aIl 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
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permit are inextricably intertwined, and consent to the FDOT application is necessarily
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consent to the building permit application. Therefore, there is undeniably evidence of
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CBS consent to the Mary Mays application, as previously recognized by the City.
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D. CBS does not have the authority to revoke the Mary Mays application
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Ms. Teresita Fernandez
February 19, 2009
Page 4 of 7
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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 1) 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 make 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,
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consented to the Mary Mays Application, which have been previously recognized by the
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Four Seasons Tower, 15di Floor, 1441 Brickell Avenue, Miami, Florida 33 13 1-3407 •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 terns 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. 4" DCA 2006). In FPL v. Road Rock, the court found
' that the assignment of rights required the written consent of the other party, However,
the language in that agreement was unequivocal- "[n]either this contract nor any interest
herein shall be assignable by either party without the written consent of the other." Id.
' (emphasis supplied). On the contrary, the CBS Settlement Agreement requires City
Commission approval for any assignment in which the assignee accepts "all of the rights
and obligations of CBS under this Agreement."
' Therefore, since the assignment of rights was only an assignment of some rights
under the CBS Settlement Agreement, and was not a complete assignment of "all of the
rights and obligations of CBS under this Agreement," City Commission approval is not
required.
B. The partial assignment of rights to Outlook was ratified by the City
The City signed FDOT Form 575-070-04, which is a ratification of the partial
'
assignment of rights to Outlook under the CBS Settlement Agreement. The City took
notice of the assignment, with the May 2, 2008 letter and the Mary Mays Agreement.
Thereafter, the City signed the FDOT form for Mary Mays, which was a ratification of
the partial assignment of rights.
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The City admitted at the zoning board hearing that an FDOT form would not be
approved for an entity without a settlement agreement. Thus, the approval of the FDOT
form for Mary Mays is necessarily a ratification of the assignment, and recognition of
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rights pursuant to the CBS Settlement Agreement. Based on the ratification, the City
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cannot now claim that the assignment was invalid.
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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 575-050-04 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 petmit for the Mary Mays Siert,
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
o r approve the assignment of the Amended Permit.
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90 0 Compliance with all requirements- Sign Removal and Permit Fees
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r, 3 3 10 admitted on the record that (1) the sign removal requirement is a prerequisite to the
on g construction of the outdoor advertising sign- NOT the issuance of a building permit; and
=r (2) permit fees are not due until the of issuance of the building permit,
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Section 4 of the CBS Settlement Agreement requires that any signs removed in
exchange for an Amended Permit must be removed prior to construction of the new
TEw CARDENAS LLP
Foie Searon4 Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
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t Ms. Teresita Fernandez
February 19, 2009
Page 7 of 7
' 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.
tFor 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.
Sincerely,
Amanda L. Quirke
Enclosure
cc:
520212.1
Santiago D. Echemendia
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
TI-ar CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Aveime, Miami, Florida 33131-3407 - 305-536.1112
9
•
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
2
11
ZONING
§ 2102
ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND
PENALTIES
Sec. 2101. Zoning administrator responsible for administration and enforcement.
2101.1. Generally.
A zoning administrator, appointed by and responsible to the city manager, shall be re-
sponsible for administration and enforcement of this zoning ordinance, except as otherwise
provided herein, with such assistance as the city manager may direct. It shall be the duty of
all employees of the city, and especially of all officers and inspectors of the department of
planning, building and zoning, the fire and rescue department, and the police department, to
report to the zoning administrator any seeming violations.
2101.2. Limitation on powers of zoning administrator in administration and enforcement.
The zoning administrator shall be guided and limited in findings and determinations, in
the issuance or denial of permits or certificates, in the attachment of any conditions and
safeguards, or in other actions relating to administration and enforcement of this zoning
ordinance by the terms, provisions, and requirements set out herein and shall not have the
power to waive, vary, or modify such terms, provisions, or requirements except where specif-
ically authorized to do so by this zoning ordinance and within limitations established by such
authorization.
(Ord. No. 10771, §1, 7-26-90)
Sec. 2102. Zoning requirements, procedures, limitations, and actions on building per-
mits.
The zoning administrator shall be responsible for determining whether applications for
building permits as required by the building code are in accord with the requirements of this
zoning ordinance, and no building permit shall be issued without certification that plans and
applications conform to applicable zoning regulations. No license or permit shall be issued by
any department, agency, or official of the city for the use of any premises or the operation of
any business, enterprise, occupation, trade, profession, or activity which would, in any manner,
constitute a violation of this zoning ordinance.
2102.1. Plans to be submitted with applications.
All applications for building permits as required herein or by the building code shall be
accompanied by plans in number of copies as necessary to meet the needs and requirements for
decision on the action requested, drawn to scale, showing as appropriate to the circumstances
of the case the actual shape and dimensions of the lot to be built upon; the exact size and
location on the lot of the building or buildings and accessory buildings and other structures
existing or to be erected or altered; the lines within which the building or structure is proposed
to be altered or erected; the existing and intended use of each building or structure as proposed
to be altered or erected; the existing and intended use of each building or part of a building;
the number of dwelling or lodging units the building is designed to accommodate; square feet
Submitted into the public
607 record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0 0
§ 2102 MIAMI, FLORIDA
of floor area by type of use as required by determinations; the location and dimensions of
accessways, parking and loading areas, and the number of parking spaces; where more than
one (1) lot and/or parts of lots are combined for a building site, an instrument evidencing unity
of title; and such other information regarding the lot and building or buildings, and neigh-
boring lots and structures and uses thereon, as may be reasonably necessary to make required
determinations and provide for the enforcement of this zoning ordinance.
Where necessary for making such determinations and enforcement, the zoning adminis-
trator may require that all dimensions on such plans relating to location and size of the lot and
buildings or portions of buildings thereon shall be based on a registered land surveyor's
certified survey, reflecting current conditions.
2102.2. Processing applications; issuance or denial of permit.
The zoning administrator or the administrator's officially authorized agent shall examine
the plans and application to determine whether they are fully in accord with zoning require-
ments. Upon an affirmative finding, certification of zoning compliance shall be entered on the
plans and on the building permit, and, if otherwise lawful, the permit shall be issued to the
applicant, together with one (1) copy of the approved plan.
If the application and plan are not in full accord with zoning regulations, the application
shall be denied and the applicant notified in writing of the reasons for such denial.
Sec. 2103. Zoning requirements, procedures, limitations, and actions on certificates
of use.
2103.1. For new or altered structures and uses.
No person shall use or permit the use of any structure and/or premises hereafter created,
erected, changed, converted, enlarged or moved, wholly or partly, in use or in structure, until
a certificate of use reflecting use, extent, location, and other matters related to this zoning
ordinance shall have been issued to the owner or tenant. Where a building permit is involved,
provision for such certificate shall be part of the building permit; in other cases, application
shall be made to the zoning administrator on forms provided therefor.
Such certificate shall show that the structure or use, or both, or the affected part thereof,
are in conformity with the provisions of this zoning ordinance. It shall be the duty of the zoning
administrator to issue such certificate (or to approve its issuance where final responsibility for
issuance lies with other officers or agencies) if he finds that all the requirements of this
ordinance have been met, and to withhold such certificate (or to prohibit its issuance) unless
he finds that all of the requirements of this zoning ordinance have been met.
2103.2. Temporary certificates of use.
A temporary certificate of use may be similarly applied for, issued, or approved for issu-
ance, or denied in accordance with general rules or regulations concerning such temporary
certificates. Such certificates may be issued for all or part of a building or premises, may
establish duration of occupancy, and may establish such conditions and safeguards as are
608 Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
ZONING § 210.5
' necessary in the circumstances of the class of cases or particular case to protect the safety of
occupants and the general public. Where a building permit is involved, provision for such
certificate shall be part of the building permit; in other cases, application shall be made to the
I
zoning administrator on forms provided.
2103.3. Annual certificates of use for home occupations in residential districts.
' In connection with home occupations in residential districts, as defined in article 9, section
906.5, annual certificates of use shall be required. Applications for such certificates, on forms
provided, shall be made to the zoning administrator. Such certificates shall cover the period
I
from January 1 through December 31 and shall be renewed annually.
2103.4, 2103.5. Reserved.
' 2103.6. Certificates of use for other existing uses.
Any owner or tenant engaged in existing use of structures or premises (other than non-
conforming use) may, but shall not be required to, apply on forms provided for a certificate of
' use certifying that such use is lawful under existing zoning regulations. Upon such applica-
tion, and after inspection to determine the facts in the case if such inspection is reasonably
necessary, it shall be the duty of the zoning administrator to issue such certificate if the
' administrator finds the use lawful, or to withhold the certificate and take such remedial action
as is appropriate in the circumstances of the case if the administrator finds otherwise.
' 2103.7. Certificates of use for buildings accessory to dwellings.
Where buildings or other structures accessory to dwellings are completed under the same
building permit as the dwelling and are to be used for purposes normally accessory to dwelling
' use, no separate certificate of use shall be required.
Where buildings or other structures accessory to dwellings are completed under different
' building permits from the permit for the dwelling, a separate certificate of use shall be re-
quired.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 2104. Structures and uses to be as provided inapplications, plans, building per-
mits, certificates of use, and special permits in relation thereto.
Building permits or certificates of use issued by the zoning administrator on the basis of
plans and applications authorize only the use, arrangement, and construction set forth in the
approved plans and applications, subject to any conditions or safeguards attached thereto, and
no other. Use, arrangement, or construction at variance with that authorized, or failure to
observe conditions and safeguards, shall be deemed a violation of this zoning ordinance.
Sec. 2105. Status of applications for development permits.
2105.1. Status of development permits issued prior to the effective date of Zoning Ordinance No.
1100 (September 4, 1990).
2105.1.1. Where lawful development permits or certificates of occupancy have been is-
sued prior to September 4, 1990, nothing in this ordinance shall be deemed to require
Submitted into the public
Supp. No. 1 609 record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
• •
§ 2105 MIAMI, FLORIDA
a change in the plans, construction or designated use of the building or structure or
portion thereof under actual construction provided said construction is continuous
and without interruption (except for just cause) as specified in the South Florida
Building Code.
2105.2. Status of applications for development permits and certificates of occupancy filed before
the effective date of Zoning Ordinance No. 11000 (September 4, 1990). All such applications
(except for building permits) shall be reviewed in accordance with provisions of Ordinance
No. 9500 (or in accordance with this ordinance, at the discretion of the applicant). An
application shall be reviewed totally under the old regulations or totally under the new,
but not under both.
Except as specified in section 2105.2.1 and 2105.3 herein, complete applications for
the building permits (including all building plans, drawings, surveys and legal doc-
uments required by applicable law, ordinance, statute or regulation) may be filed and
accepted in accordance with the provisions of Ordinance No. 9500 a) until December
31, 1991; b) up to one hundred eighty (180) days from the final decision on said
application for a development permit or decision on a variance by the zoning board or
city commission, if appealed; c) up to one hundred eighty (180) days from the decision
of a court of competent jurisdiction, if appealed; or d) the time specified in the devel-
opment permit itself; whichever provides the longest time. Applicants for building
permits shall be permitted to make changes in the building plans and drawings only
when so required by the city as a result of its review of the applications. If the
applications meet all the applicable requirements of this zoning ordinance (and other
applicable regulations in the City Code) said building permit or certificate of occu-
pancy shall be issued pursuant to this paragraph and the deadlines above; no building
permit shall be issued pursuant to this paragraph after the one hundred eighty (180)
days of proper filing for the final building permit.
Where special permits were granted under Ordinance No. 9500 with no specific date
of expiration, applications for building permits shall only be accepted until December
31, 1991.
Except for the options and exceptions provided in the paragraph above, where com-
plete applications for development permits and certificates of occupancy have been
filed after September 4, 1990, the necessary permits and certificates shall be consid-
ered in accordance with this Zoning Ordinance; applications affected by amendments
to this ordinance shall be processed according to section 2105.4.
2105.2.1. Phased projects. Phased development projects which have been reviewed and
approved in accordance with the provisions of Ordinance No. 9500 shall be entitled to
building permit(s) pursuant to Ordinance Nos. 6871 or 9500, provided the entire
project has been reviewed and approved prior to the effective date of Ordinance No.
11000. The building permit for the initial stage of construction shall be subject to the
time limitations in section 2105.1.1. Approval of building permits in accordance with
the provisions of Ordinance Nos. 6871 or 9500 for subsequent stages of construction
Supp. No. 1 610
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
ZONING
§ 2105
shall remain valid only where development of the entire or overall project is continuous
pursuant to the South Florida Building Code or according to Development of Regional
Impact Development Order (Chapter 380 F.S.) or a Major Use Special Permit per
article 17.
2105.3. Status of agreements, conditions, and safeguards under prior zoning. Where agree-
ments were made or conditions, safeguards and requirements attached to grants of special
permits or approval of variances, area development permits for PUD's, PUN's, PAD's,
clusters or similar developments under prior Zoning Ordinance Nos. 6871 and 9500 or this
ordinance, such agreements, conditions, safeguards and requirements shall remain in effect
even though such zoning is repealed or amended, except where current zoning specifically
' removes the requirements or limitations provided that a) a building permit has been issued
and remains in force according to the South Florida Building Code; b) construction has
commenced; or c) at least one (1) unit of a multiphased project has been completed. These
agreements can only be amended in conformance with this ordinance by the authority or
agency who issued the original permit.
Where the city has previously issued a development order or binding letter of determination
under the present or past provisions of section 380.06, Florida Statutes and under the
provisions of prior Zoning Ordinance No. 6871, effective June 2, 1961, or under the
provisions of prior Zoning Ordinance No. 9500, effective June 27, 1983, pertaining to a
development of regional impact, said approval shall remain in full force and effect and the
provisions of this ordinance shall be deemed not to impose any additional agreement,
conditions, safeguards or requirements on said development of regional impact for as long
as said development order is valid; said prior Zoning Ordinance Nos. 6871 or 9500, as the
case may be, shall continue to be used to enforce the development order or to interpret the
binding letter. Said development order may be amended without compliance with the terms
of this ordinance as long as the city commission determines that the proposed amendment
is not a substantial deviation from the approved development order, pursuant to the criteria
set forth in section 380.06(7)(h), Florida Statutes. Any modification or amendment of said
development order deemed by the commission to constitute a substantial deviation from its
prior approval shall be processed in accordance with the terms of this ordinance. Any
development so approved under the provisions of this paragraph shall not be deemed to
constitute a nonconforming use, building or development under the terms of section 1101
hereof.
2105.4. Status of applications for development permits or certificates of occupancy under
Ordinance No. 11000 when Ordinance No. 11000 has been amended.
2105.4.1. Applications and Permits. Any property owner or lawful representative, who, prior
to the effective date of any legislation repealing or modifying regulations which allow
the requested activity, has properly filed a complete application for a development
permit(s) with the appropriate City department, is authorized to proceed with such
application(s) regardless of the subsequent repeal of regulations relevant to such
requested activity, unless the contrary is specifically decreed. In no case shall an
Submitted into the public
Supp. No. 13 611 record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
• • 1
§ 2105 MIAMI, FLORIDA I
application be accepted subsequent to the effective date of an ordinance which '
precludes the approval or action applied for. Applicants for said development permits
shall be allowed to make changes in their application(s) only when so required by the
City as a result of its review of the application(s). The necessary building permit(s) or
certificate(s) of use, whichever is first required, when reviewed under expired
regulations, shall be obtained:
a) Within one hundred eighty (180) days of the effective date of the expired ,
regulations;
b) Within one hundred eighty (180) days from the date of Class II Special Permit,
Special Exception or Variance approval by the appropriate department, or final
public hearing approval, as the case may be;
c) Within no greater than six (6) years from the final public hearing approval by the '
City Commission for Major Use Special Permits; and
d) For subsequent (beyond phase I) phases of an approved phased project, within no
greater than six (6) years from the issuance of a building permit for phase I of said
approved phased project; and subsequent six (6) year periods between additional
phases. No extensions may be granted beyond these time periods. ,
In the event an appeal is taken to the courts, said building permit(s) or certificate(s) shall
be obtained within one hundred eighty (180) days from the date the final court decision is
rendered, except for Major Use Special Permits and phased projects (as described above) which
will have six (6) years from the final court decision, whichever provides the longer period of
time.
2105.4.2. Construction and occupancy. If actual construction is not under way, and previous
issued building permits or certificates of use have expired or become void, new building
permits or certificates of use shall be required and shall be in accord with any new
regulations established by the amendment of this ordinance.
2105.4.3. Occupancy not involving pending building permits. Where certificates of occu-
pancy do not relate to a pending building permit, unless such use has been established
prior to the effective date of this ordinance or its amendment which would prohibit
such use, such certificates shall become void, and new certificates, conforming to the
new regulations, shall be required.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 10896, § 1, 6-20-91; Ord.
No. 12528, § 2, 4-22-04)
Sec. 2106. Zoning conformity required prior to issuance of licenses or permits.
Officials charged with issuance of permits or licenses for the use of any premises for the
conduct of any business, enterprise, occupation, trade, profession, or activity governed by the
provisions of this zoning ordinance shall not issue such licenses or permits unless the use
conforms to the requirements of this zoning ordinance. In addition, no such licenses or permits
may be issued if the business, enterprise, occupation, trade, profession, or activity is subject of
Submitted into the public
Supp. No. 13 612
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
ZONING § 2107
an ongoing enforcement procedure, a state law or county violation or a violation of other City
Ordinance, where the business enterprise is located or is to be located. In cases where
certificates of use are required by this zoning ordinance, no such license or permit shall be
issued except upon certification by the zoning administrator that a valid certificate of use,
0
accurately representing current zoning status, is in effect.
I(Ord. No. 12502, § 2, 3-11-04)
of ordinance; corrections required.
A permit or certificate of use issued in error shall not confer any rights to construction or
occupancy, and upon a -finding that a permit has been so issued, it shall be revoked, provided
actual construction has not commenced.
No permit or certificate of use shall be deemed or construed to authorize violation of any
pro -visions of this zoning ordinance, and such permits or certificates shall be deemed or
construed to be valid only to the extent that the work authorized is lawful.
Submitted into the public
record in connection with
Supp. No. 13 612.1 item PZ.3 & ZA on 05-28-09
Priscilla A. Thompson
City Clerk
E
E
Submitted into the public
record in connection with
Priscilla A. Thompson
City Clerk
E,
' 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 sign copy does not pertain to the use of the property, a product sold, or
the sale or lease of the property on which the sign is displayed and which does not
identify the place of business as purveyor of the merchandise or services advertised on
' the sign.
Except as otherwise provided in Articles 4 and 10 and/or the City Code, or, pursuant to this
' subsection, no new freestanding "Outdoor advertising signs," as defined above shall be
allowed.
With respect to existing outdoor advertising signs, Section 926.15 "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 nonconform-
ing 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 full force and effect.
' Notwithstanding any provision of this Zoning Ordinance to the contrary, permits for outdoor
advertising signs may be issued ,pursuant to a Settlement Agreement authorized by
Resolution passed by the City Commission, in conjunction with the settlement of
' related litigation, which expressly authorizes issuance of such permits for said outdoor
Submitted into the public
record in connection with
' Supp. No. 18 416 item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
I
'
§ 10.4 MIAMI, FLORIDA
products or businesses as applicable to the sponsorship but shall not be primarily for
the purposes of advertising. Except as otherwise provided in these zoning regulations,
'
no additional "Signs of graphic or artistic value" shall be allowed.
With respect to existing signs of graphic or artistic value, Section 926.12. "Signs of graphic
or artistic value" of Ordinance 11000, as amended, the Zoning Ordinance of the City of
'
Miami, and dealing with "Signs of graphic or artistic value" is repealed by the
enactment of Ordinance No. and all existing signs of graphic or artistic value shall be
'
removed from the premises on which they are located not later than five (5) years from
the effective date of this Ordinance, however, all legal proceedings begun and all legal
proceedings that might have been begun under these provisions of Ordinance No.
'
11000, as amended, governing signs of graphic or artistic value, prior to the repeal of
the above referenced subsections of Ordinance No. 11000, as amended, shall be given
full force and effect as though said subsections had not been repealed.
'
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 sign copy does not pertain to the use of the property, a product sold, or
the sale or lease of the property on which the sign is displayed and which does not
identify the place of business as purveyor of the merchandise or services advertised on
' the sign.
Except as otherwise provided in Articles 4 and 10 and/or the City Code, or, pursuant to this
' subsection, no new freestanding "Outdoor advertising signs," as defined above shall be
allowed.
With respect to existing outdoor advertising signs, Section 926.15 "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 nonconform-
ing 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 full force and effect.
' Notwithstanding any provision of this Zoning Ordinance to the contrary, permits for outdoor
advertising signs may be issued ,pursuant to a Settlement Agreement authorized by
Resolution passed by the City Commission, in conjunction with the settlement of
' related litigation, which expressly authorizes issuance of such permits for said outdoor
Submitted into the public
record in connection with
' Supp. No. 18 416 item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
I
ZONING § 10.4
advertising signs, and then only under the terms and conditions of settlement
agreements that result in a net reduction in the party to the settlement's number of
outdoor advertising signs located in the City of Miami.
10.4.6. Ground signs. With respect to the location of ground signs, the provisions of the South
Florida Building Code, section 4207, Limitations on ground signs, shall apply; provided,
however, that where this zoning ordinance establishes further limitations on location of
such signs, such limitations shall apply.
i
Submitted into the public
record in connection with
Supp. No. 18 416.1 item PZ.3 & PZ.4_on 05-28-09
Priscilla A. Thompson
City Clerk
0
LI
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A.'fhompson
City Clerk
d
SETTLEMENT AGREEMENT
JW
This Settlement Agreement is made and entered into as ofdt�' 2008, by and
between the City of Miami (the "City"), a Florida municipality, and CBS Outdoor, Inc., a
Delaware corporation, (successor -by -merger to National Advertising Company, a Delaware
corporation, d/b/a Viacom, Infinity, National and CBS and Infinity Outdoor of Florida, Inc., a
Florida corporation, d/b/a Viacom, Infinity and CBS) (collectively referred to as "CBS").
RECITALS
A. The City has adopted ordinances that, among other things, regulate the size,
height, appearance, lighting, and landscaping requirements for outdoor advertising structures
("Signs"). City ordinances have permitted Signs in certain Zoning Districts and prohibited them
in others. Certain Signs which CBS erected in accordance with the City's former zoning
ordinances do not conform with the City's current Sign regulations.
B. As of April 2001, CBS owned or operated 53 Signs in the City. Since April 2001,
disputes have arisen between CBS and the City regarding City ordinances regulating Signs, the
applicability of certain City ordinances to Signs owned by CBS, and the effect of State laws on
City ordinances and on the enforcement of such ordinances. These disputes have resulted in
enforcement actions and litigation now pending.
C. The City acknowledges that CBS has removed a number of Signs that were in
CBS's inventory as of April, 2001.
D. The City and CBS desire to resolve all disputes and the pending litigation between
thein in this Settlement Agreement ("Agreement"):
FTL:2656:3
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Priscilla A. Thompson
City Clerk
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and CBS hereby agree as follows:
AGREEMENT
1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated into and made part of this Agreement.
2. Definitions.
a. As used in this Agreement, the terms "Sign regulation", "Sign law", and
"Sign ordinance" mean ordinances adopted by the City that, among other things, regulate the
size, Height, appearance, location, lighting, and landscaping requirements for Signs; however,
said terms do not mean ordinances relating to structural, electrical and/or engineering
requirements, or other health and safety requirements (the "Technical Regulations").
b As used in this Agreement, the term "Base Building Line" shall have the
meaning set forth in §§54-186- through 54-190 of the City of Miami Code (the "City Code").
C. As used in this Agreement, "Height" means the vertical measurement from
the crown of the adjacent road (which in the case of multiple roads, the highest crown shall be
used), to the highest point of the "Sign Structure".
d. As used in this Agreement, "Full Permit Application" means survey, plans,
site plans, structural and electrical plans, and a fully completed permit application.
e. As used in this Agreement, "Gateways" means those areas of the City of
Miami designated on the map attached as Exhibit "A" where, irrespective of Zoning Districts and
corresponding restrictions, Signs are not permitted. Subsequent to the Effective Date of this
Agreement, should the City amend its Settlement Agreement with 'dear''tharplil Outdoor, Inc.
Fi1:2656261:3
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Priscilla A. Thompson
City Clerk
("CCO), and a gateway map designating where Signs are not permitted is made a part of that
Settlement Agreement, and said map is different than Exhibit "A", then whichever map is less
restrictive shall apply to CBS under this Agreement.
f. Reserved.
g. As used in this Agreement, "Zoning District" means the divisions of the
City pursuant to the Zoning Ordinance of the City of Miami, currently Ordinance 11000. The
Zoning Districts are listed in Section 400, from most restrictive to least restrictive. The most
restrictive Zoning District is (CS - Conservation), and the least restrictive is (I - Industrial).
Signs are only allowed in C-1 or Iess restrictive Zoning Districts. Even if Ordinance 11000 is
repealed, this Agreement is governed by the provisions of Ordinance 11000 which are in effect
on the Effective Date of this Agreement.
h. As used in this Agreement, "Termination Date" shall mean 25 years from
II the "Effective Date" (see paragraph 19(m)).
3. Sian Inventory and Removal of Signs. CBS owns or operates all Signs listed on
Exhibits B, C and D, and to the best of CBS's knowledge, there are no other Signs within the City
that are currently owned or operated by CBS or any of its subsidiaries, affiliated corporations, or
affiliated entities. To the best of CBS's knowledge: (a) the information set forth in the attached
Exhibits B, C and D accurately describes all of CBS's inventory of Signs within the City; and (b)
Exhibits B, C and D identify the Zoning District in which each CBS Sign is located, the number
of Sign faces, the location by street address and folio number, and whether the Sign is a roof
Sign. With respect to any Sign or Sign structure owned by CBS which is not listed on Exhibits
B, C and D, CBS will immediately remove said Sign and/or Sign Structure as of the Effective
Date of this Agreement. With respect to any Sign operated or managed by CBS which is not
FTL:2656261:3 Page 3 of 32 Submitted into the public
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item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
listed on Exhibits B, C and D, CBS will discontinue operating/managing same as of the Effective '
Date of this Agreement. CBS will remove Signs from various Zoning Districts including C-1, C-
2, and Special Districts, as set forth below. Immediately following the removal of any Sign '
under this paragraph, CBS will provide the City with written notice of the removal so the City '
can monitor CBS's compliance with this Agreement. The City will not require any permits for
CBS to remove the Signs on the attached exhibits and described below:
a. Within three (3) months of the Effective Date of this Agreement, CBS I
shall, at its sole cost and expense, permanently remove all of the Sign structures with the Sign
faces listed on Exhibit B. Included in the Sign structures to be removed are all CBS' Sign
structures currently located on SW 40th Street (Bird Road) between USI and Ponce de Leon
Boulevard, as identified on Exhibit B. Also listed on Exhibit B is one (1) rooftop Sign structure
to be removed, leaving one (1) rooftop Sign structure to be removed in accordance with the
provisions of Paragraph 3c(i) below. Provided the City takes no action to compel either the
removal of such Signs or their compliance with any City ordinances applicable to Signs during
the term of this Agreement and prior to the voluntary removal deadline set forth herein, with
— respect to each of the Sign structures and the Sign faces listed on Exhibit B, CBS hereby
expressly waives any right to receive from the City just compensation or any other relief therefor,
whether such claim for just compensation is predicated on Section 70.001, 70.20(9) or 479.15(2),
Florida Statutes; Article X, Section 6 of the Florida Constitution; Amendments V and XIV of the
United States Constitution; or any other authority under state or federal law.
b. CBS has already removed or is currently in the process of removing the
Sign structures with the Sign faces listed on Exhibit C. Those Sign structures on Exhibit C not
already removed will be removed not later than three (3) months following the Effective Date of '
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item PZ.3 & PZA on 05-28-09 '
Priscilla A. Thompson
City Clerk
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1
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1
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1
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this Agreement. Provided the City takes no action to compel either the removal of such Signs or
their compliance with any City ordinances applicable to Signs during the term of this Agreement
and prior to the voluntary removal deadline set forth herein, with respect to each of the Signs
listed on Exhibit C, CBS hereby expressly waives any right to receive from the City just
compensation or any other relief therefor, whether such claim for just compensation is predicated
on Section 70.001, 70.20(9) or 479.15(2), Florida Statutes; Article X, Section 6 of the Florida
Constitution; Amendments V and XIV of the United States Constitution; or any other authority
under state or federal law.
C. Set forth on attached Exhibit D is a list of all CBS Sign structures with
Sign faces which will remain in the City (subject to other provisions of this Agreement)
following the removal of the Signs listed on Exhibits B and C.
(i). On or before the Twenty -Fifth Anniversary (25th) of the Effective
Date, CBS will remove all the remaining rooftop Sign structure listed on Exhibit D, but in any
event all remaining rooftop Signs owned by CBS. In other words, upon the Twenty -Fifth
Anniversary (25") of the Effective Date of this Agreement, no rooftop Sign structures shall
remain. Provided the City takes no action to compel- either the removal of the Sign faces
described in this subparagraph or their compliance with any City ordinances applicable to Signs
prior to the voluntary removal deadline set forth herein, with respect to each of the rooftop Sign
structures removed under this subparagraph, CBS hereby expressly waives any right to receive
from the City just compensation or any other relief therefor, whether such claim for just
compensation is predicated on Section 70.001, 70.20(9) or 479.15(2), Florida Statutes; Article X,
Section 6 of the Florida Constitution; Amendments V and XN of the United States Constitution;
or any other authority under state or federal law.
Ir FTL:2656261:3
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Page 5 of 32 record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
C�
•
(ii). In addition to the removal of the Signs listed on Exhibits B and C,
and all rooftop Signs on Exhibit D, within twenty-five years of the Effective Date of this
Agreement, CBS will have removed four (4) double faced Signs and Sign structures and one (1)
single faced Sign and Sign Structures from those C-1 and Special District Signs listed on Exhibit
D. This removal requirement of C-1 Signs is in addition to any other removal requirement
contained in this Agreement. Provided the City takes no action to compel either the removal of
such Signs or their compliance with any City ordinances applicable to Signs prior to the
voluntary removal deadline set forth herein, with respect to each of the Sign structures removed
under this subparagraph, CBS hereby expressly waives any right to receive from the City just
compensation therefor, whether such claim for just compensation is predicated on Section
70.001, 70.20(9) or 479.15(2), Florida Statutes; Article X, Section 6 of the Florida Constitution;
Amendments V and XIV of the United States Constitution; or any other authority under state or
federal law.
d. CBS will immediately remove any Sign that CBS owns within the
territorial limits of the City, as of the Effective Date, not listed on Exhibits B, B-1, C or D to this
Agreement, and CBS hereby expressly waives any right to receive from the City just ,
compensation therefor, whether such claim for just compensation is predicated on Section
70.001, 70.20(9) or 479.15(2), Florida Statutes; Article X, Section 6 of the Florida Constitution; '
Amendments V and XIV of the United States Constitution; or any other authority under state or
federal law. '
e. The parties shall, five (5) years prior to the Termination Date, enter into '
negotiations to extend this Agreement, upon mutually acceptable terms. Any such extension of
this Agreement will require that the fees to be paid by CBS to be renegotiated.
FTL:2656261:3 Submitted into the public '
Page 6 of 32 record in connection with
item PZ.3 & PZA on 05-28-09 '
Priscilla A. Thompson
City Clerk
' f. If, during the term of this Agreement, any Sign listed on Exhibit D which
is presently operated by CBS (but not owned) is no longer operated by CBS, then said Sign shall
no longer be subject to the terms of this Agreement, but shall be subject to all applicable federal,
state and local regulations.
g. Within thirty (30) calendar days following CBS' removal of any Sign
and/or Sign structure under this Agreement, as listed on any Exhibit to this Agreement, CBS
1 shall notify the City of the removal. Additionally, within thirty (30) calendar days following
CBS' termination of operation/management of any Sign and/or Sign structure under this
1 Agreement, as listed on any Exhibit to this Agreement, CBS shall notify the City of such
discontinuance of operation/management.
4. Amended Permits. In recognition of CBS's removal of the numerous Sign
structures and Sign faces described in this Agreement and waiver of just compensation therefor,
the City will amend a maximum of 15 existing Sign permits (the "Amended Permits") to allow
CBS to transfer the permit rights associated with such Signs to new Iocations with a maximum of
two (2) Sign faces each on the terms and conditions set forth below:
' - -a: The City will amend up to a- maximum of 15 permits for Signs based on
CBS's removal of Signs on a two for one basis: for every two bulletin faces removed, one
rbulletin face maybe erected with an Amended Permit. The City acknowledges that CBS shall be
' entitled to the issuance of 7 Amended Permits upon the removal of the Signs listed on Exhibit B
(the "Initial Amended Permits"). For Amended Permits 8-15, CBS shall be given credit for the
' thirteen (13) Signs listed on Exhibit C. After all credits for the removal of Signs listed in Exhibit
' C are applied, CBS shall remove the Signs listed in Exhibit B-1 in the order designated to obtain
the remaining Amended Permits, up to a total of 15 Amended Permits. CBS may substitute a
FTL:2656261:3
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Priscilla A. Thompson
City Clerk
Sign listed in Exhibit B-1 with the City's express consent. For Signs constructed based on ,
credits obtained for the removal of Signs listed in Exhibit B-1, the Sign shall not be erected
before the designated Signs from Exhibit B-1 are removed. '
b. Except for the Initial Amended Permits, Amended Permits will allow t
Signs only along those expressway segments identified in Exhibit E. Signs built on expressway
locations may be built to the Height allowed by FDOT regulations. Except for the Initial
Amended Permits, no Amended Permit will allow a Sign in a City -designated "Gateway". t
Furthermore, except for the Initial Amended Permits, Amended Permits will not allow Signs in
any Zoning District more restrictive than C-1 _
C. Upon application by CBS showing compliance with the provisions of this '
paragraph, the City will amend existing Sign permits to allow the transfer of permit rights
associated with such Sign or Signs to locations within the same or a less restrictive Zoning
District. For all Initial Amended Permits and Amended Permits, CBS will submit FDOT Form
575-010-04 to the City, which will be stamped on the date received. The City's signature on
FDOT Form 575-010-04 shall constitute approval of the location of the sign, and no further '
approvals from the City shall -be required. All Sign permits will be processed "first in, first out", '
such that no other FDOT Forms may be signed or authorized for a subsequent application which
would interfere with the location secured by a previously approved FDOT Form 575-010-04. If r
an FDOT permit is not issued within 280 days of the City's signature, the City's approval will '
become null and void for that particular application.
d. Each application for an Amended Permit shall comply with all Technical '
Regulations and all setback and encroachment requirements. Additionally, CBS will place all '
columns, foundations and overhangs within the Base Building Line. CBS shall immediately
FTL:2656261:3 Submitted into the public 1
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item PZ.3 & PZA on 05-28-09
Priscilla A.'fhompson
City Clerk
•
implement the retrofit requirements contained in this Agreement for any structure which is
erected pursuant to an Amended Permit;
e. CBS will pay the City a one-time permit amendment fee as follows: (a)
$20,000 for each Amended Permit for a Sign structure in a C-2 Zoning District; and (b) $50,000
for each Amended Permit for a Sign structure in a C-1 Zoning District. For purposes of the
limited number of Amended Permits under this Agreement, C-1 includes all C-1 and any Special
District for which C-1 is the underlying district on the Effective Date of this Agreement, unless
the ordinance creating the Special District, and passed prior to the Effective Date of this
Agreement, specifically prohibits all outdoor advertising Signs.
f. During the term of this Agreement, except as set forth in 4(d), above, the
City shall take no action to compel any CBS Sign which is the subject of an Initial Amended
Permit or Amended Permit under this paragraph, to come into compliance with City Sign
ordinances currently or formerly in effect or hereafter adopted. Subject to CBS's payment of the
fees set forth herein and its compliance with all applicable FDOT regulations and the other
requirements set forth in paragraphs 4(c), 4(d) and 6(a), no further City zoning authorization,
building permit, or other approval of any kind shall be required for any Sign which is the subject
of an Amended Permit.
g. Nothing contained in this Agreement shall be construed to permit the
relocation, construction, or installation of a Sign without the consent of the owner of the real
property where it will be located. CBS and the City acknowledge that CBS bears the sole risk of
finding, securing and maintaining the sites for its Amended Permits, and that its failure to find
and secure suitable sites or to take advantage of the Amended Permit rights granted herein shall
not give rise to any claim for compensation or other relief from the City, and CBS expressly
FTi:2656261:3
Submitted into the public
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item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
waives any such claim arising out of such failure. CBS's Amended Permit rights as provided
herein are not dependent in any way on its ability to find or secure sites for the Signs subject to
the Amended Permits.
h. The City will not issue Amended Permits under this paragraph more than I
five (5) years after the Effective Date of this Agreement.
5. Default.
a. CBS agrees to pay the City a liquidated penalty of $10,000 per day per
Sign for any Sign which it does not remove in accordance with the terms of this Agreement set
forth herein. The City shall not be entitled to receive the per diem penalty set forth in this
paragraph until it has notified CBS of each Sign it claims CBS has failed to remove and it has
provided CBS 30 days to cure any such failure. To secure its obligation to remove Signs under
this Agreement, CBS shall, on the later of the Effective Date of this Agreement, or 60 days from
CBS's receipt of the Initial Amended Permits, post a performance bond in favor of the City and
approved by the City, in the total amount of $100,000.00. The performance bond shall not be
released until the Termination of this Agreement.
— - b:- -No later than the Twenty -Fifth (25t1') Anniversary of the Effective Date,
CBS will deliver to the City a list of the four (4) double faced Signs and Sign structures and one
(1) single faced Sign and Sign Structures from those C-1 or Special District Signs on Exhibit D
that CBS has removed under paragraph 3c(ii) of this Agreement. If the City determines, after the
Twenty -Fifth (25`b) Anniversary of the Effective Date, that CBS has not removed four (4) double
faced Signs and Sign structures and one (1) single faced Sign and Sign Structures from those
listed on Exhibit D, the City shall promptly notify CBS and CBS shall have 30 days to cure. For
each day thereafter during which CBS fails to comply, the City shall be entitled to a liquidated
FrL:2656261:3 Submitted into the public
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item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
penalty of $10,000 per day for each Sign that CBS has failed to remove in accordance with this
Agreement.
C. Nothing contained in this paragraph shall prevent the City from enforcing
its police powers and safety regulations in a manner not inconsistent with this Agreement.
d. In the event CBS fails to perform its obligations under this Agreement,
after written notice and a thirty (30) day cure period, the City shall be entitled to all legal and
equitable remedies allowed under Florida law, including, but not limited to, the remedies of
specific performance, and/or an action against the bond.
e. In the event the City fails to perform its obligations under this Agreement,
after written notice and a thirty (30) day cure period, CBS shall be entitled to all legal and
equitable remedies allowed under Florida law, including those remedies provided to the City
under paragraph 4d, except an action against the bond.
6. Status of Remaining Signs. Listed on Exhibit D are all of CBS's Signs which
may remain in the City of Miami (subject to other provisions of this Agreement). The City shall
allow these Signs to remain as constructed in their existing locations, subject to the following:
a. By the later of the Effective Date of this Agreement, o� 60 days after
CBS's receipt of the Initial Amended Permits, CBS will provide the City with copies of all
permits in its possession for the Signs that are listed on Exhibit D. Thirty days after such
delivery, the City will provide to CBS copies of permits in its possession for all other Signs listed
on Exhibit D. For all Signs listed on Exhibit D, the City will issue a written determination
whether a Sign is legal or legally non -conforming during the term of this Agreement, upon CBS
providing certification from a licensed electrical contractor certifying compliance with applicable
National Electric Code (NEC) requirements. For any Signs which neither the City nor CBS is
Ii FTL*2656261;3
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Priscilla A. Thompson
City Clerk
able to locate a copy of the original City permit. CBS will pay the City a letter issuance fee of
$5,000 for each such Sign. During the term of this Agreement, any Sign for which a letter is
issued under this paragraph shall be deemed a lawful Sign or lawful nonconforming Sign, as
applicable, under all applicable City Codes and ordinances, but only for as long as said Sign is
owned and/or operated by CBS or its assigns as assigns are defined in paragraph 19(f) below.
Except as provided below, upon completion of the exchange of permits and the issuance of
letters, the City shall not require CBS to obtain any further permits or approvals from the City
for any of its Signs listed on Exhibit D other than the payment of annual renewal fees as specified
herein. CBS shall maintain and keep in good repair its Signs listed on Exhibit D (which are not
removed), and the City will issue CBS any permits which may be required for CBS to exercise its
maintenance and repair obligations under this paragraph.
b. Some of the Signs listed on Exhibit D may not conform with current City
ordinances that, among other things, regulate the Height, distance requirements, orientation, or
landscaping of Signs ("Non -conforming Signs"). As of the Effective Date of this Agreement (but
only for as long as CBS owns and/or operates said Non -conforming Signs, and in no case beyond
the Termination Date), all Non -Conforming Signs listed in Exhibit D and all Non -conforming
Signs for which the City issues Amended Permits shall be deemed lawfully erected or lawful
non -conforming Signs, as applicable, with respect to any nonconformities as of the Effective
Date of this Agreement. During the tern of this Agreement, except as provided in Paragraph
4(d), above, the City shall take no action to compel the Signs listed on Exhibit D or Signs for
which the City issues Initial Amended Permits or Amended Permits to be removed or to come
into compliance with City Sign ordinances currently or formerly in effect or hereafter adopted,
but only for as long as CBS owns and/or operates said Signs. In the future, the City may adopt
F11:2656261:3
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Priscilla A. Thompson
City Clerk
shall take no action to compel CBS's Sips listed on Exhibit D, or Signs for which the City
issues Amended Permits, to corn.e into compliance with City Sign ordinances currently (M
formerly in effect or hereafler adopted, but on-ly for as long as CBS owns and/or operates sal
Signs. During the term of this Agreement, all Signs listed on Exhibit D and Signs eTect(M
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securing and maintaining the sites for the Sips it owns and/or operates, and that its failure to
maintain said sites shall not give rise to any claim for compensation or other relief from the City,
including code enforcement actions by Miami -Dade County, and CBS expressly waives any such
claims.
II FT1:2656261:3
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record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
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7. Initial Payments to City and Issuance of Initial Amended Permits. Based on the ' I
parties' respective undertakings set forth herein, CBS has agreed to make certain payments to the
City and the City has agreed to issue Amended Permits to CBS as provided herein:
a. On the Effective Date of this Agreement, CBS will pay the City the annual
renewal permit fees for its outdoor advertising Signs for the years 2001, 2002, 2003, 2004, 2005,
2006, 2007 and 2008 totaling $54,400.00. Said fees are calculated as follows: 68 Signs listed on
Exhibits B, C & D x $100.00 per Sign x 8 years. Annual permit renewal fees shall not be
increased until 2008 when they may be increased by the CPI cost of living increase from the prior
year. The City may increase annual permit renewal fees each year thereafter by an amount not to
exceed the CPI cost of living.
b. Simultaneously with the execution of this Agreement, the City shall
deliver completed and fully executed FDOT Form 575-070-04 for each Initial Amended Permit
certifying that, for the address of each of these Sign locations it is or will be in compliance with
all duly adopted local ordinances and has been or will be issued the necessary City permits. The
executed forms and applications for the Initial Amended Permits shall constitute approval of the
location of the signs which are the subject of the Initial Amended Permits, and no further
approvals from the City shall be required for the Initial Amended Permits. Upon the execution of
this Agreement and CBS's receipt of the FDOT Form 575-070-04, it will pay the City a total of
$2,600,000 as follows:
(i) a $350,000 ("Permit Fee") for the Initial Amended Permits in
accordance with this Agreement. The Permit Fee is calculated as follows: 7 Initial Amended
Permit Signs x $50,000.00 per Sign. CBS shall pay the Permit Fee to the City irrespective of
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City Clerk
(11) a Sign Surcharge of $2,250,000. This Sign Surcharge shall be divided
into five (5) equal pa),Tnents of $450,000. Subject to the provisions of 7g below, the initial
$450,000 payment shall be due at the same time CBS pays the Permit Fee. Thereafter, there will
remain $1,800,000 due to the City for the Sign Surcharge. Subject to the provisions of
paragraphs 17(b) and (c) below, CBS shall pay the City $450,000 every year for four years on the
anniversary of the date CBS made the initial Sign Surcharge payment. The Sign Surcharge is for
the permit rights granted or otherwise confirmed under this Agreement.
C. The Sign removal requirements for the Initial Amended Permits shall be
deemed satisfied by CBS's removal of the Signs listed in Exhibit B.
d. As set forth in Paragraph 4(a) above, CBS shall remove the Signs
identified in Exhibit B-1 on a two-for-one basis before constructing a Sign pursuant to Amended
Permits 8-15.
e. The Initial Amended Permits issued under this section shall be regarded as
part of, and count- one for one -against, --the 15 Amended Permits under paragraph 3 above.
f. No Amended Permit shall authorize more than two (2) Sign faces.
9. The Permit Fee and the initial Sign Surcharge payment of $450,000.00
shall be placed in an interest bearing escrow account opened jointly by the City and CBS. One
seventh (1/7) of the escrowed sm of $800,000.00, plus interest, shall be released to the City
upon CBS' receipt of each Initial Amended Permit and the FDOT permit related thereto. If
Initial Amended Permits and related FDOT permits are not received by CBS within five (5) years
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City Clerk
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of the Effective Date, CBS shall receive a refund of all remaining funds in the subject escrow
account.
S. Annual Payments to City.
a. Provided that three or more of the Signs authorized by the Initial Amended
Permits have been constructed, commencing on the Effective Date of this Agreement and on the
anniversary date of this Agreement for 24 years thereafter, CBS will pay the City the following
described annual settlement fees:
(i). $150,000 on or before the 30a' day following the Effective Date of
this Agreement (Period 1); and then
(ii). $150,000 per year for the next nine (9) years thereafter on the
anniversary of the Effective Date of this Agreement (Period II); and then
(iii). $175,000 per year for the next five (5) years thereafter on the
anniversary of the Effective Date of this Agreement (Period III); and then
(iv). $225,000 per year for the final ten (10) years thereafter on the
anniversary of the Effective Date of this Agreement (Period M.
— - (v).-- In the event that CBS is -unable to build Signs based on the Initial
Amended Permits, the above described annual settlement fees shall be reduced by 1/7a' for each
Sign not built, subject to the following:
[1]. Such reduction shall not occur if the parties are able to
agree to a substitute location for the construction of said Sign; or
[2]. Such reduction shall not occur if the total of all Initial
Amended Permit Signs constructed plus all other Amended Permit Signs constructed equal seven
(7) or more.
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City Clerk
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CBS shall continue to make payments to the City as set forth above,
provided that at least three of the Signs contemplated by the Initial Amended Permits remains
erected. If a Sign erected pursuant to an Initial Amended Permit or Amended Permit issued
under paragraph 4 is removed by City or state governmental action prior to the Termination Date,
without CBS receiving just compensation therefor, CBS will be able to relocate such Sign
structure in accordance with paragraph 8(b)(i) below, and no change in the City's Zoning
ordinances shall affect CBS`s right to relocate under this paragraph. For purposes of this
Agreement, just compensation shall be determined by then -existing standards established by
Florida law.
b. If prior to the Termination Date, any CBS Sign for which the City has
issued CBS an Initial Amended Permit is removed as a result of City or state governmental
action without the payment to CBS of just compensation, and the Sign cannot be relocated as
provided herein, the annual settlement fees to the City shall be reduced by 1/7 1b for each Initial
Amended Permit Sign so removed. If, prior to the Termination Date, any Sign for which the City
has issued CBS an Amended Permit is removed as a result of non-governmental action, CBS will
not be relieved of its obligation to pay annual settlement fees to the City. In such circumstances,
however, with respect to the Sign structures:
(i). CBS may relocate a Sign to a new location within the same or less
restrictive Zoning District and in a location allowed under this Agreement, without payment of
any additional permit or settlement fees to, or the requirement of any further approval from, the
City, and the City shall amend the permit to reflect the new location; and
(ii). The City will continue to receive annual settlement payments for
any such relocated Sign.
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City Clerk
C. Annual permit renewal fees shall not be increased until 2008 when they I
may be increased by the CPI cost of living increase from the prior year. The City may increase
annual permit renewal fees each year thereafter by an amount not to exceed the CPI cost of
living.
9. Retrofitting of Sims to Remain. Except for those Signs that are under 20 feet in
Heigbt, all Signs on Exhibit D that are currently supported by multiple I -beams, shall be replaced
with monopole structures on a one structure per month basis, commencing the month following
the Effective Date of this Agreement until all multiple I-beam support structures have been
replaced. If CBS is unable to secure the property owner's Agreement in retrofitting a Sign
structure, the City will waive the retrofit requirement for Signs under 30 feet in Height upon
presentation of an affidavit from the President of CBS attesting that the property owner has
refused to consent and that CBS does not have the contractual right to retrofit. CBS shall remove
all Signs over 30 feet in Height not retrofitted within 20 years after the Effective Date of this
Agreement.
10. Over Heigbt Signs. The State of Florida has built, and is currently building, sound
walls along certain federal aid primary highways. These sound walls obstruct or will obstruct
visual access to certain lawfully erected Signs in the City. For those Signs to which visual access
is or becomes obstructed by State -constructed sound walls, CBS may raise their elevation to such
Height necessary to restore visual access so long as any such elevation complies with applicable
FDOT regulations, and provided that the top of the Sign shall under no circumstances exceed 65 -
feet above the crown of the adjoining highway.
11. Replacement and Relocation of Signs.
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Ia. In the event it becomes necessary for CBS to replace any C-2 Sign listed
' on Exhibit D, the City will authorize CBS to replace such C-2 Sign on the same site or to relocate
such Sign within an allowed geographical location in the same Zoning District according to
' relocation standards which may be adopted by the City consistent with this Agreement. This
' right to maintain, replace, and relocate C-2 Signs listed on Exhibit D shall expire and terminate
on the Termination Date. During the term of this Agreement, any City Sign law promulgated
' prior to the Termination Date, shall not be applied retroactively to CBS. Nothing contained in
this Agreement shall be construed to permit the relocation, reconstruction, or installation of a
Sign without the consent of the owner of the real property where it will be located. CBS and the
' City acknowledge that CBS bears the sole risk of finding, securing and maintaining the sites for
' its Signs, including any replacement Signs, and that its failure to find and secure suitable sites or
to take advantage of the replacement right granted herein shall not give rise to any claim for
' compensation or other relief from the City, and CBS expressly waives any such claim. CBS's
obligation to remove its Signs as provided herein is not dependent in any way on its ability to
find or secure sites for replacement Signs.
b. --CBS owns a bulletin Sign located at 1200 Biscayne. Boulevard, which has
been removed at the City's request. In replacement for said removed Sign, CBS is entitled to
' construct the Signs referenced in Exhibit G-1 hereto. CBS shall not be required to pay any
' permit or settlement fees related to said replacement Signs. This relocated Sign shall not be
deemed to be one of the 15 Amended Permit Signs referred to in Paragraph 4 of this Agreement.
' With respect to this Sign, and upon receipt of all required City approvals for the relocation of this
' Sign, CBS expressly waives any right to receive from the City just compensation or any other
relief therefor, whether such claim for just compensation is predicated on Section 70.001,
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Priscilla A. Thompson
City Clerk
70.20(9) or 479.15(12), Florida Statutes; Article X, Section 6 of the Florida Constitution;
Amendments V and XIV of the United States Constitution; or any other authority under state or
federal law. Further, the removal and relocation of the 1200 Biscayne Boulevard Sign shall not
satisfy CBS's obligation to remove one Rooflop Sign within the first six months of the Effective
Date of this Agreement under paragraph 3(c)(i) above.
12. Public Service Proiects.
a. For the next 25 years, CBS will, as space is available, provide outdoor
advertising space to the City within the limits of the City of Miami, and within other major media
markets throughout the United States, with a "minimum retail value" of no Iess than $50,000 per
year at no cost to the City, for the display of City -prepared and approved advertising materials,
subject to the following:
(i) The City shall be responsible for providing CBS with any Sign
copy the City would like displayed, and will pay the cost of installing Sign copy at the same rate
that all other customers pay.
(ii).
Exhi-bit-K. -
CBS's major media markets in the United States are described in 1 I
(iii). If the City wishes to initiate a campaign, it will so notify CBS of
the "target" market(s) and CBS shall, within ten (10) days, furnish a list of available Iocations in
said market(s) for the City's review and approval.
(iv). CBS shall be entitled to relocate the City's copy from time to time
(at CBS's expense) as locations are sold to full -paying advertisers. In such event, CBS would
either relocate the City's approved message to an alternate acceptable location; or, if the message
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City Clerk
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' is not time -critical in the sole opinion of the City, remove it until an acceptable alternate becomes
available.
(v). If the annual $50,000 minimum retail value is not achieved by the
City during a particular year due to the failure of CBS to furnish sufficient locations acceptable to
the City, any unused portion of the annual minimum retail value will roll over to the following
1 year until used by the City.
' (vi). If the annual minimum retail value is not achieved by the City
during a particular year due to the City's failure to furnish its copy in a timely fashion or to timely
' select sites, then the unused portion of the annual minimum retail value will not roll over to the
following year, and will be deemed abandoned.
(vii). The Outdoor Rates published by CBS each year shall be utilized
for calculating the retail value received by the City each year.
b. Commencing 120 days following the Effective Date of this Agreement,
and on each anniversary of the Effective Date of this Agreement thereafter, for so long as this
Agreement remains in effect, CBS will annually fund a Neighborhood Enhancement Account
("NEA") in the amounts, and for the purposes, set forth below:- - -
(i). $4,285.72 for each of the Amended Permits, as long as such Sign
Structures remain standing, or a Sign has been erected in a substitute location; and
(ii). The City and CBS will mutually agree upon the recipients of the
annual distributions from the NEA account, which distributions shall be approved by the City
Commission. Eligible recipients shall include, but shall not be limited to, 501(c)3 organizations
operating within the districts where the foregoing Signs are located and such other community-
based organizations and charities as the City and CBS may designate. The parties agree that the
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City Clerk
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NEA funds should be used to assist the community needs of the citizens of Miami. If the City
and CBS are unable to agree upon the recipients by March 31" of each year, the Executive
Director of the United Way of Miami -Dade shall select the recipients utilizing the criteria set
forth in this paragraph.
13. Pendine Cases. Vacatine of Liens. Within 30 days of the Effective Date of this
Agreement, the City shall take all steps necessary to vacate and set aside the Final Administrative
Enforcement Orders and all Notices of Liens for CBS's Signs, identified in Exhibits B, C & D,
and take all appropriate actions to satisfy and set aside any Iiens imposed against property owners
who have been the subject of enforcement proceedings as a result of CBS's Signs. The
documents vacating and setting aside the enforcement orders and any liens shall be in a
recordable form satisfactory to CBS and the property owner. The parties will also dismiss, with
prejudice, all code enforcement notices of violation, code enforcement orders, court cases, and
appeals regarding the applicable Signs listed in Exhibits B, C & D, with each party to bear its
own costs and attorneys' fees. CBS shall take all steps necessary to immediately dismiss with
prejudice all court cases and appeals it has brought against the City with each party to bear its
own costs and attorneys' fees, and the City shall take all steps necessary to immediately dismiss
with prejudice all appeals it has brought against CBS or property owners, with each party to bear
its own costs and attorneys' fees.
14. Property Owners Protected. During the term of this Agreement, so long as CBS
complies with the terms and conditions of this Agreement, the City will take no action to enforce
its Sign ordinances against the owners of the property on which CBS's Signs are located, as to
CBS's Signs. Within 60 days of the Effective Date of this Agreement, the City will notify each
of the property owners subject to the Code Enforcement Orders, that the Orders have been
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City Clerk
vacated and that the dispute with CBS has been settled. The text of such notice shall be
approved by CBS.
15. Term and Expiration. This Agreement, and all rights and obligations of the
parties hereunder, shall terminate and expire twenty-five (25) years after its Effective Date unless
extended by Agreement of the parties.
16. Non -Waiver of Legal Positions, Condemnation Rights, Unsafe Structures. The
parties acknowledge that this Agreement is a compromise resolution of disputed claims and agree
that it shall never be treated as an admission, or evidence of liability, by either of them for any
purpose whatsoever.
'
a. Nothing in this Agreement shall affect in any way the City's right to
condemn a Sign in accordance with applicable eminent domain laws, nor shall it affect CBS's
'
obligation to comply with applicable structural, electrical and engineering requirements and other
'
health and safety requirements. If the City determines that any Sign structure has become unsafe
so as to pose a threat of bodily harm to the public, the City shall so notify CBS and CBS shall
'
immediately correct the problem, and if CBS fails to immediately correct the problem, the City
may take any such enforcement action as allowed by its police powers for the protection of public
safety and health. Any such action by the City shall not be used by CBS as grounds to invalidate
this Agreement. Notwithstanding anything to the contrary in this Agreement, CBS's limited
'
waiver of its statutory and constitutional rights to receive just compensation upon removal of
certain Signs identified in Exhibits B and C herein is expressly conditioned upon the City's
'
issuance Initial Amended
of the Permits.
1
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City Clerk
b. Except as expressly provided in Paragraph 3 herein, nothing in this I
Agreement affects CBS's right, if any, or the City's obligation to pay, if any, just compensation if
the City elects to remove any lawfully erected Sign belonging to CBS.
17. Further Assurances and Coo=ation.
a. The partes recognize that the City may elect to amend the zoning
ordinances and Code of the City of Miami to be consistent with this Agreement. CBS will assist
in this effort as requested by the City. The City agrees to prepare and execute such additional
documents, and to take such other actions as maybe necessary to effectuate the purposes of this
Agreement, and CBS will assist in this effort as requested by the City. As long as the City
complies with this Agreement, neither CBS, nor any of its subsidiaries, affiliated corporations or
entities, or parent corporations, or assignees, will sue the City on Sign issues, or provide financial
or in-kind support to others who sue the City regarding the City's Sign regulations. The City will
reasonably cooperate to resolve issues, if any, raised by Miami -Dade County regarding CBS's
Signs and the Amended Permits issued pursuant to this Agreement. The failure of the City to
amend its zoning ordinances and Code as set forth in this paragraph, shall not affect the validity
and enforceability of this Agreement.
b. If within five (5) years of the Effective Date Miami -Dade County (the
"County') initiates code enforcement or other proceedings against CBS or the City to prevent the
construction of a Sign under an Initial Amended Permit or an Amended Permit or to cause the
removal of any expressway Sign owned or operated by CBS (collectively the "County Actions"),
then (for a period of seven (7) years from the date of the first County Action) all payments
subsequently due under this Agreement for the Sign Surcharge (other than the initial $450,000
payment described in Paragraph 7(b) above), shall be paid into a mutually acceptable escrow
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City Clerk
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account. If the County Actions result in CBS being prevented from constructing a Sign pursuant
to an Initial Amended Permit or Amended Permit or in CBS being forced to remove a Sign
constructed pursuant to an Initial Amended Permit or Amended Permit or in CBS being forced to
remove an expressway Sign listed in Exhibit D, then for each such affected sign there shall be
disbursed to CBS from the escrow account a sum of $450,000, plus any interest accrued as to that
sum, but no more than currently in the escrow account. All remaining sums in the escrow
account shall be disbursed as follows:
(1) if the City enacts an opt -out ordinance described in Paragraph 17(c)
below, then all sums in the escrow account shall be disbursed to the City immediately upon the
opt -out ordinance becoming effective.
(ii) if the City fails to enact an opt -out ordinance within the above-
described seven (7) year period, then all sums remaining in the escrow account shall be disbursed
to the City at the end of the seven (7) year period (as full consideration from CBS to the City
under this Agreement), and CBS shall not be obligated to make any further payments under this
Agreement (including, but not limited to, the annual payments set forth in Paragraph 8 above),
except for annual permit ---renewal fees: -Further, CBS shall have no further obligation under
Paragraph I2(a) above.
C. Notwithstanding the provisions of Paragraphs 7(b)(ii) and 17(b) above, in
the event that the City enacts an ordinance "opting -out" of the County's Sign code, as allowed by
the County's Sign code, CBS shall pay in full the remaining unpaid portion of the Sign Surcharge
within thirty (30) days of the effective date of the said City ordinance.
18. Notice. All notices or other communications required or permitted hereunder
shall be in writing and shall be delivered to the persons listed below:
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Priscilla A. Thompson
City Clerk
As to CBS: Mr. Joseph Little
Director, Real Estate Southeast CBS Outdoor, Inc.
6904 Cypress Park Drive
Tampa, FL 33634
Telephone: (813) 888-5541
Fax: (813) 884-3531
with a copy to: David Posy, Esq.
Sr. Vice President and General Counsel
CBS Outdoor, Inc.
405 Lexington Avenue
New York, New York 10174
Telephone: (212) 297-6400
Facsimile: (212) 370-1817
Glenn N. Smith, Esq.
Ruden, McClosky, Smith, Schuster & Russell, P.A
200 East Broward Boulevard
Post Office Box 1900
Fort Lauderdale, FL 33302
Telephone: (954) 527-2466
Facsimile: (954) 333-4066
To the City of Miami: Pedro G. Hernandez, City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Telephone: (305) 250-5300
- — with a copy to: Julie O. Bru, Esq.
City Attorney
City of Miami
444 S.W. 2"d Avenue
Suite 945
Miami, Florida 33133
Telephone: (305) 416-1800
Facsimile: (305) 416-180I
19. Miscellaneous.
a. Reserved.
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City Clerk
b. Construction and Law Governing. This Agreement was drafted by both
parties, and therefore any ambiguity shall not be construed against either party. In addition, this
Agreement has been executed and delivered in, and shall be interpreted, construed, and enforced
pursuant to and in accordance with, the laws of the State of Florida.
C. Counterparts. If multiple counterparts of this Agreement are executed,
each shall be deemed an original, but all counterparts together shall constitute one and the same
instrument.
d. Headings. The section and paragraph headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
e. Entire Agreement. This Agreement sets forth all the promises,
Agreements, conditions and understandings among the parties hereto as to the subject matters
referenced herein, and supersede all prior and contemporaneous Agreements, understandings,
inducements or conditions expressed or implied, oral or written, except as herein contained.
f. Assignments/Binding Nature. This Agreement will be binding upon and
will inure to the benefit of any successor- or permitted assigns of the parties hereto. CBS shall
have the right of assignment of rights and obligations under this Agreement. However, no
attempted assignment by CBS will 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, which approval shall not be unreasonably withheld, delayed or conditioned.
The parties acknowledge that the City Commission shall have the right to reject proposed
assignment if the assignee does not fully adopt the terms of this Agreement. Any such
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assignment shall not relieve CBS of its obligations under this Agreement, including, without
limitation, the responsibility of removing four (4) double face C-1 Signs and Sign structures and
one (1) single faced C-1 Sign and Sign structure from those C-1 and Special District Signs listed
on Exhibit D upon the 25`" Anniversary of the Effective Date. Notwithstanding the foregoing,
no approval by the City Commission shall be required for any assignment to any entity
controlled, controlling or under common control with CBS as to the acquirer of substantially all
of the assets of CBS in the City, provided such assignee assumes the obligations of CBS under
this Agreement. Any attempted assignment in violation of this Section shall be void.
g. CBS hereby represents and warrants that it: (a) is a corporation in good
standing under the laws of the State of Delaware; (b) is duly authorized to transact business in the
State of Florida; and (c) has taken all corporate actions necessary to authorize execution and
performance of this Agreement. The City hereby represents and warrants that: (a) it is
empowered to enter into this Agreement; and (b) this Agreement has been duly authorized by the
Board of City Commissioners of the City of Miami pursuant to the requirements of Florida law.
i
h. Amendments. No change in, or addition to, this Agreement shall be I
enforceable unless evidenced by a writing executed by the parties. Any such enforceable
amendment(s) shall become effective on the date stipulated therein.
i. Release and Waiver. Any condition to a party's obligation hereunder may
be waived by that party, provided such waiver is in writing. However, the waiver by any party of '
a breach or violation of any provision of this Agreement shall not operate as, or be construed to
be, a waiver of any subsequent breach of the same or any other provision hereof. The failure by '
any party to timely enforce any of the provisions of this Agreement shall not be deemed a waiver '
thereof.
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(i). The City hereby releases and forever discharges CBS, its agents,
employees, officers, directors, subsidiaries, affiliated corporations or entities, stockholder and
parent corporations from any and all claims, actions, causes of action, damages and costs arising
from violations, alleged or actual, of the City's Sign regulations resulting from Signs listed in
Exhibits B, B-1, C & D or subject to Initial Amended Permits or Amended Permits being located
on property within the City limits, which have been or might have been, brought as of the
Effective Date of this Agreement. The City does not waive its right to enforce its ordinances
against Signs not listed in Exhibits B, B-1, C & D, or against Signs not subject to an Initial
Amended Permit or Amended Permit. In addition, the City does not waive its right to enforce its
ordinances against Signs not listed in Exhibits B, B-1, C & D, or against Signs not subject to an
Initial Amended Permit or Amended Permit if the removal of those Signs is required by this
Agreement. These release provisions shall also operate to release owners of property upon which
CBS's Signs are located, to the same extent CBS is released.
(ii). CBS, for itself, and for the owners of the property where its Signs
are located, and to the extent CBS has been so authorized by said owners, hereby releases and
forever -,discharges the -City, its agents and employees and elected officials, from any and all
claims, actions, causes of action, damages and costs arising out of the City's existing Sign
regulations, or enforcement thereof, and without limiting the generality of the foregoing, CBS
specifically waives the right to challenge the validity, constitutionality or enforceability of the
City's Sign regulations in effect on the date of this Agreement.
(iii). Neither CBS nor the City shall be deemed to have waived any right
to bring an action to enforce the terns, conditions and limitations of this Agreement.
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j. Compliance With Electrical and Structural Codes, Setbacks and '
Encroachments Indemnification. CBS acknowledges and agrees that this Agreement does not in
any way alleviate CBS's responsibility to comply with all Technical Regulations in removing, '
relocating, maintaining, repairing or in reconfiguring any Sign face or Sign structure, and CBS
shall not be excused from complying with the Technical Regulations, and set back and
encroachment requirements, in effect at the time a building or electrical permit application filed
in connection with construction or reconstruction of an existing Sign. Additionally, CBS will
ensure that all columns, foundations and overhangs are within the Base Building Line. The City
will issue CBS any permits or authorization that may be required to enable CBS to comply with
this paragraph. Further, CBS will indemnify and hold the City harmless and defend the City '
from any injury, or claim of injury, either to person or property, that results from a CBS Sign
structure or associated Sign face.
k. Invalidity. If any section, phrase, or portion of this Agreement is for any '
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions hereof. In the event this Agreement is invalidated by a third '
party, then the parties hereto shall be returned to their respective legal positions as such existed
on the date one day prior to the Effective Date of this Agreement.
I. Integrated Agreement. Each party's obligations hereunder are dependent
upon performance of the material obligations of the other party.
M. Effective Date. This Agreement shall become effective as of the date it is I
approved by the City Commission of the City of Miami (following the expiration of the Mayor's
FTL:2656261:3
Submitted into the public
Page 30 of 32 record in connection with
item PZ.3 & PZA on 05-28-09 '
Priscilla A. Thompson
City Clerk
veto period - unless a veto is exercised), and is signed by the City Manager and CBS (hereinafter
the "Effective Date").
n. reserved.
o. reserved.
P. Percentages. Whenever calculations involving percentages are utilized in
this Agree resulting figure shall be rounded up to the nearest whole number.
CITY OF CBS OUTDOOR, INC.
By: "\ )
City Manager
Dated: '2008.
Atte
City.lerk Pry"sc� a ! Drn�h
Dated: `7 2008.
Approval as to formctness:
Julie O. Br,, 'ty Attomey
Dated: --7 1 3�' 2008.
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
By
Its:
Dated: Moq , 2008.
APpr
a
anc Requirements:
v son
of
Risk Management
FTL:2656261.3
Page 31 of 32
i
INCUMBENCY CERTIFICATE
CBS OUTDOOR INC.
I, David Posy, a duly elected Assistant Secretary of CBS OUTDOOR INC., a
Delaware corporation (the "Corporation"), DO HEREBY CERTIFY that the person listed below
is (i) a duly elected (or appointed), qualified and acting officer of the Corporation holding the
office in the Corporation indicated opposite his name, and (ii) duly authorized to execute that
certain Settlement Agreement between the City of Miami, Florida and the Corporation, a copy of
which is attached hereto, on behalf of the Corporation and the signature appearing opposite his
name is his genuine signature:
Name
Office
Signature
Raymond Nowak Executive Vice President, Chief
Financial Officer and Chief
Administrative Officer
IN WITNESS WHEREOF, I have executed this Certificate on behalf of the Corporation
on this 20th day of May 2008.
ra j r V - pw�
Name: David Posy
Title: Senior Vice 144sident.
General Counsel and Assistant
Secretary
COUNTY OF NEW YORK )
)ss:
STATE OF NEW YORK )
On the 20th day of May in the year 2008 before me, the undersigned, a notary public in and for
said state, personally appeared David Posy, personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity, and that by his signature on
the instrument, the individual, or the person upon behalf of which the individual acted, executed
the instrument.
NOTARY P
tRX DAVIS
'lotary Public, State of New York
No. 02DA6083590
Qualified in Kings County
)nimission Expires No%ember 18.10 �
Submitted into the public
record in connection with
item PZ. && PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Exhibit List
Exhibit A — Gateways map
Exhibit B — Signs to be Removed in Exchange for Initial Amended Permits
Exhibit B-1 — Signs to be Removed in Exchange for Amended Permits 8-15
Exhibit C — Signs Already Removed or in the Process of being Removed
Exhibit D — Signs to Remain/Managed Locations
Exhibit E — Expressway Segments
Exhibit F — Reserved
Exhibit G — Reserved
Exhibit G-1 — Replacements for 1200 Biscayne Boulevard Sign
Exhibit H — Premises Permit Dated 8/17/95
Exhibit I - Reserved
Exhibit J — Reserved
Exhibit K — CBS' Major U.S. Media Markets
F11:2656261:3
Page 32 of 32 Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
EXHIBIT A
GATEWAYS MAP
1
Submitted into the public
record in connection with ,
item PZ.3 & PZ -4 on 05-28-09
Priscilla A. Thompson
City Clerk
i
EXHIBIT B
� SIGNS TO BE REMOVED
� IN EXCHANGE FOR
� INITIAL AMENDED
� PERMITS
I I
I I
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Exhibit B
Amended
Panel ID
SITE ADDRESS
FOLIO #
LOCATION
DESCRIPTI N
#
Faces
Zoning
Structure
1A
48454B/48455B
3841 Bird Rd.
01-4117-003-1190
NS Bird Rd., 50' w/o SW
38 Ave.
2
C-2
monopole
1 B
48573B
1661 W. Flagler St. 12X20
01-4102-006-0280
ES NW 17 Ave., 200' n/o
Flagler St.
1
C-1
monopole
2A
10356E/W
3851 Bird Rd.
01-4117-003-1170
NS Bird Rd., 1000' w/o
Douglas Rd.
2
C-2
monopole
28
360157/360156
10 NE 29 St. 14X48
01-3125-004-0150
SS NE 29 St., e/o N.
Miami Ave.
2
C-2
monopole
3A
M60084/M60085
3750 Bird Rd.
01-4117-003-1770
SS Bird Rd. at 37 Ave.
2
C-2
monopole
3B
360184/360185
3201 NW 36 St. 4X48
01-3121-014-0010
WS NW 32 Ave., 100' n/o
NW 36 St.
2
C-2
monopole
4A
M60092/M60093
3800 Bird Rd.
01-4117-003-1860
SS Bird Rd. at 38th Ave.
2
C-2
monopole
4B
48453B
102 NW 27 Ave. 14?X48
01-4104-021-0120
WS NW 27 Ave., 800' n/o
Flagler St.
1
C-1
I -Beam
5A
5030B
2615 W. Flagler St.
01-4103-033-3230
NS Flagler St., 50' e/o
NW 27 Ave_
1
C-1
Root
5B
48462B/48463B
19 21 NW S. River Dr.
105-109 S. River Dr.
01-0201-000-1230
NS Flagler St., 600' w/o I -
95
2
C-1
Monopole
6A
485726
1161-71 Flagler St.
1199 W. Flagler) 12X20
01-4102-005-2660
ES NW 12 Ave., 200' n/o
Flagler St.
1
C-4
Monopole
6B
360155/360156
3445 NW 27 Ave. 14X48
01-3127-001-0900
ES NW 27 Ave., 20' s/o
NW 35 St.
2
C-2
Monopole
7A
360161/360162
701 NW 12 Ave. 14X48
01-3135-034-0020
ES NW 12 Ave., n/o NW
7 St.
2
C-2
—Monopole
7B
360213
1600 NW 20 St. 14X48
01-3135-005-1830
SS NW 20 St., 200' w/o
NW 15 Ave.
2
C-2
Monopole
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
M r M M M M M M r r M M r r r r 1111111=1
491
Is
0
•
EXHIBIT B-1
SIGNS TO BE REMOVED
IN EXCHANGE FOR
AMENDED PERMITS
8-15
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Exhibit B-1
Order of
Removal
Address
Folio
Location Description
t1
Faces
Zoning
1A
48449B
15 SW 17 Ave.
01-4102-006-1220
NS SW 1 St. 75' e/o SW 17 Ave.
1
C-1
Monopole
1B
360153/360154
2925 NW 36 St,
01-3121-000-1421
NS NW 36 St. 15' e/o NW 29 Ct.
2
C-2
Mono ole
1C
5065B
420 NE 79 ST
01-3207-000-0470
SS NW 79 St. .2 m w/o Biscayne
1
C-1
I -Beam
2A
360127/360128
220 SW 61' St
01-0204-000-1010
SS SW 6' 60 it w 2"d Av
2
1-2
Monopole
213
10755E/W
2479 NW 36 St,
01-3122-038-0120
NS NW 36 St. 20' w/o NW 24 Ave.
2
C-2
Monopole
3A
360129/360130
2280 NW 20 St.
01-3134-028-0010
SS NW 20 St: 20' w/o NW 22 Ct.
2
C-2
Monopole
313
360209/360210
3275 NW 36 St.
01-3121-014-0110
NS NW 36 St. 150' w/o NW 32 Ave.
2
C-2
Monopole
4A
4845613
(3620 NW 7 St.) (needs
another SF to match to
this)
01-4104-023-1390
SS NW 7 St. 250' e/o NW 37 Ave.
1
C-1
Monopole
4B
48726B/48727B
490 NW 79 St.
01-3112-016-0010
SS NW 79 St. 150' e/o NW 5 Ave.
2
C-2
I -Beam
5A
48626B/48627B
100 SW 17 Ave,
01-4103-014-0360
WS SW 17 Ave., 50' s/o 1 St.
2
SD -14
I -Beam
513
48598B/48599B
47 NW 79 St.
01-3112-000-0014
NS NW 79 St. 500' w/o Miaml Ave.
2
C-2
I -Beam
299-301 SW 17 Rd
01-4138-002-0020
WS 1-95 at SW 17' Rd
1
C-1
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
C�
J
i
•
•
EXHIBIT C
SIGNS ALREADY
� REMOVED OR IN THE
� PROCESS OF BEING
REMOVED
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Exhibit C
•
Submitted into the public
record in connection with
item PZ.3� n 05-2-9-09
Priscilla A. Thompson
City Clerk
Sites Previously Removed
FOLIO #
LOCATION DE CRIPTION
Faces
Type
10028N/S
1490 LeJeune Rd.
01-3132-014-0330
WS LeJeune Rd. 700' n/o SR -836
2
Bulletin
10029N/S
1771 NW 42 Ct.
1790 NW 42 Ave.
01-3132-014-0180
WS LeJeune Rd. at 18th St.
2
Bulletin
10030N
1988 NW 42 Ave.
01-3132-024-0010
WS LeJeune Rd. 300' s/o Mia Exit
1
Bulletin
10031 N/S
1988 NW 42 Ave.
01-3132-024-0010
WS LeJeune Rd. 100' s/o Mia Exit
2
Bulletin
48571B
2810 W. Fla ler St.
01-4103-040-0260
SS Fla ler St., 50' e/o SW 28th Ave.
1
Bulletin
48792B/48793B
1350 NW 42 Ave.
01-3132-007-0010
NS SR -836 50' w/o LeJeune Rd.
2
Bulletin
488178
1400 NW 42 Ave.
01-3121-014-0380
WS LeJeune Rd 100'n NW 14th St.
1
Bulletin
488248
2209 SW 37 Ave.
3680 SW 22 St
01-4116-009-2440
SS Coral Way, 50' e/o Douglas Rd.
1
Bulletin
49108B -49113B
1800 NW 42 Ave.
01-3132-014-1080
WS LeJeune Rd. 15' n/o NW 18th St
2
Bulletin
M60094IM60095
602-08 NW 57 Ave.
01-4001-003-3041
WS 57 Ave. .5 m s/o SR -836
2
Bulletin
48570B
3411 NW 7 St.
01-3133-030-0170
NS NW 7 St. 50' w/o NW 34 Ave.
1
Bulletin
48576B
503 SW 17 Ave.
01-4102-013-0170
ES SW 17 Ave., 50' n/o SW 5 St.
1
Bulletin
4705B
1200 Biscayne Blvd.
01-3231-023-0020
WS Biscayne, 1 00's/o Venetian
Csw .
1
Roof
•
Submitted into the public
record in connection with
item PZ.3� n 05-2-9-09
Priscilla A. Thompson
City Clerk
0
0
EXHIBIT D
SIGNS TO
REMAIN/MANAGED
LOCATIONS
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Exhibit D
SITE ADDRESS
(Existing Inventory
after Settlement)
FOLIO
LOCATION DESCRIPTION
Zoning
Legal Status
Structure
7397SW 8 ST.
01-4002-003-2450
NS US -41,.5 m e/o SR -826
C-1
Legal
Roof
1716 NW 27 Ave.
01-3133-008-0200
WS NW 27 Ave. 50' n/o NW 17th St.
C-1
Legal
I -Beam
420 NE 79 ST
01-3207-000-0470
SS NW 79 St. .2 m w/o Biscayne
C-1
Legal
I -Beam
2479 NW 36 St.
01-3122-038-0120
NS NW 36 St. 20' w/o NW 24 Ave.
C-2
_C2
Legal
Monopole
2280 NW 20 St.
01-3134-028-0010
SS NW 20 St. 20' w/o NW 22 Ct.
o
Legal
Monopole
3275 NW 36 St.
915 SW 27 Ave.
2626 SW 9 St.
01-3121-014-0110
01-4110-009-0180
NS NW 36 St., 150' w/o NW 32 Ave.
ES SW 27 Ave. 1 000's/o SW 8 St.
C-2
C-1
Legal
Legal
Monopole
Monopole
3620 NW 7 St.
3522-24-26-28 W.
Fla ler St.
01-4104-023-1390
01-4104-022-0210
SS NW 7 St. 250' e/o NW 37 Ave.
SS Flaglers St., .3 m e/o Douglas
Rd.
C-1
C-1
Legal
Legal
Monopole
I -Beam
5741 W. Fla ler St.
01-4001-003-3540
NS Fla ler St. 200' w/o Red Rd.
C-1
Legal
Monopole
47 NW 79 St.
01-3112-000-0014
NS NW 79 St. 500' w/o Miami Ave.
C-2
Legal
I -Beam
100 SW 17 Ave.
01-4103-014-0360
WS SW 17 Ave. 50' s/o 1 St.
SD -14
Legal
[-Beam
2610 S. Dixie Hwy.
2666 SW 27 Lane
01-4115-041-0570
ES US -1, at SW 27 Ave.
C-1
Legal
I -Beam
490 NW 79 St.
01-3112-016-0010
SS NW 79 St. 150' e/o NW 5 Ave.
C-2
Legal
I -Beam
219-23 NW 27 Ave.
01-4103-033-2990
ES NW 27 Ave., .2 m No Fla ler St.
C-1
Legal
Monopole
3725 NW 27 Ave.
01-3122-050-0130
ES 27 Ave. s/o SR -112
C-2
Legal
Monopole
223 NW 36 St.
01-3124-002-1770
SS 1-195 .5 m w/o Biscayne B.
C-2
Legal
Monopole
2925 NW 36 St.
01-3121-000-1421
NS NW 36 St. 15' e/o NW 29 Ct.
C-2
Legal
Monopole
15 SW 17 Ave.
01-4102-006-1220
NS SW 1 St. 75' e/o SW 17 Ave.
C-1
Legal
Monopole
220 SW 6" St
01-0204-000-1010
SS SW 6"' 60 ft w 2' Av
1-2
Legal
Monopole
2925 NW 36 St.
01-3121-000-1421
NS NW 36 St. 15' e/o NW 29 Ct.
C-2
Legal
Monopole
420 NE 79 ST
01-3207-000-0470
SS NW 79 St. .2 m w/o Biscayne
C-1
Legal
I -Beam
2479 NW 36 St.
01-3122-038-0120
NS NW 36 St. 20' w/o NW 24 Ave.
C-2
Legal
Monopole
2280 NW 20 St.
01-3134-028-0010
SS NW 20 St. 20' w/o NW 22 Ct.
C-2
legal
Monopole
3275 NW 36 St.
01-3121-014-0110
NS NW 36 St., 150' w/o NW 32 Ave.
C-2
Legal
3620 NW 7 St.
01-4104-023-1390
SS NW 7 St. 250' e/o NW 37 Ave.
C-1
legal
—Monopole
Monopole
490 NW 79 St.
01-3112-016-0010
SS NW 79 St. 150' e/o NW 5 Ave.
C-2
Legal
I -Beam
100 SW 17 Ave.
01-4103-014-0360
WS SW 17 Ave. 50' s/o 1 St.
SD -14
Legal
I -Beam
47 NW 79 St.
01-3112-000-0014
NS NW 79 St. 500' w/o Miami Ave.
C-2
Legal
I -Beam
1716 NW 27 Ave.
01-3133-008-0200
WS NW 27 Ave. 50' n/o NW 17th St.
C-1
Legal
I -Beam
0
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rn
0
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7
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CL
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c
o
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s
o
o
s
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C
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L
a;
.�
M I_ I- I_ M I_ I_ IM
Exhibil D
Managed Locations
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
•
•
SS 1-195, .5 m w/o Biscayne B.
Legal
48648B/48649B
3701 N. Miami Ave.
01-3124-026-0070
S. Boozer
C-1
I -Beam
NS 1-195, .5 m w/o Biscayne B.
Legal
48650B148651
3801 N. Miami Ave.
01-3124-026-0180
S. Boozer
C-1
I -Beam
WS 1-95, .1 m No NW 69 St.
Legal
48652B/48653B
570 NW 71 St.
01-3113-024-0560
B. Boozer
C-1
Monopole
575 NW 62 St.
WS 1-95, 50' n/o NW 62 St. (B.
Legal
48654B/48655B
587 NW 62 st.
01-3113-025-0590
Boozer)
C-1
Monopole
NS 1-195-25 w/o Biscayne
Legal
486738
170 NE 38 St.
01-3124-022-0120
Blvd. S. Boozer
C-1
I -Beam
Legal
M60109/M60110
7527-7531 NW 6th Ct
01-3112-028-0090
WS 1-95 at 79th St Hancock
C-2
Mono ole
Legal
NS NE 79th ST 2.1 M E 1-95
37001E
1085 NE 79th ST
01-3207-016-2930(Titan
Sin
C-1
I -Beam
WS NW 17th Ave at 46th St
Legal
37008N/S
4640 NW 17th Ave
01-3122-014-0090
Mumford
C-2
Monopole
Legal
WS NW 17th Ave at NW 501h
37009N/S
1715 NW 50th St
01-3122-052-4521
ST Mumford
C-2
Mono o!e
ES US -1, at Douglas Rd.
Legal
60113/60114
3700 S. Dixie HWY.
01-4120-033-0010
(Douglas)
C-1
I -Beam
CA179
299-301 SW 17 Rd
01-4138-002-0020
WS 1-95 at SW 17"' Rd
C-1
Legal
Wall
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
•
•
1 J
EXHIBIT E
•
EXPRESSWAY SEGMENTS I
u
Submitted into the public '
record in connection with
item PZ.3 & PZA on 05-28-09 '
Priscilla A. Thompson
City Clerk
•
EXHIBIT E
Amended Permit Sites (8 through 15) are limited to the following areas:
1. North and South side of 836 between N.W. 7t' Avenue and N.W. 45b Avenue
2. North and South side of State Road 112 West of I-95
3. West and East side of 1-95 between S.W. I" Avenue and N.W. 81" Street, but
excluding Biscayne Boulevard
4. North and South side of I-195 West of Biscayne Boulevard
5. North and South side of I-395 West of Biscayne Boulevard
FTL:2662433:1
2662433_1.DOC
Submitted into the public
record in connection with
item PZ.3 & PZ 4 on Os -28-Q_9_
Priscilla A. Thompson
City Clerk
•
EXHIBIT F
RESERVED
•
Submitted into the public '
record in connection with
item PZ -3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
E
EXHIBIT G
RESERVED
•
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
EXHIBIT G-1
REPLACEMENTS FOR
1200 BISCAYNE
BOULEVARD SIGN
Submitted into the public
record in connection with
item PZ.3 & PZ -4 on 05-28-09
Priscilla A. Thompson
City Clerk
M M M M M r M M M M M M M M r M M M M
Exhibit G1
SITE
# LESSOR ADDRESS FOLIO # SIGN TYPE # FACES Legal Staus
8A Little River Club' 755 NE 79' Strect 01-3207-017-0260 Surface 2 Legal
8B Daniels 5431 NE 2 Avenue 01-3218-027-190 Surface 2 Legal
'This sign may be built up to 40 feet to provide visibility.
b This sign may be built up to 40 feet to provide visibility.
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
E
•
E
EXHIBIT H
i
PREMISES PERMIT I
DATED 8/17/95 1
Submitted into the public ,
record in connection with
item PZ.3 & PZA on 05-28-09 '
Priscilla A. Thompson
City Clerk
' l$'���5� N011�r 981CCS1�S6�O1SJ r 99«�S9f0 r 9(163M11 �aun
�llS r I 1 P1ep$ (U2;Se3j Wb jq; i� 0 BOotJtfZ lb Q11� r W130Vd
EXHIBIT H
oa.::ns s0:1a nj ase J/li,_•„ - _WM galas _,.- RDSARIO »IrY ZaOl-Q"
:Is rl.,Y, 2 SLZan4 AtpL AM FOR OMCE LA DNLY
P.Q Em 33po VERY
Miami, Fbl� ]31]9 6766 /�
PRI MISE PI^RMIT DATE tWED -�" XpIaES
APPLJCATION
mW E OF ORGANIZATYAi 7h 3tatacncl id�•� t •f - CzssaasT
BUSINESS ApORE53 zcao'tt w l7th X1064
LOCATION OF pR fWsFS (LIST ONLY ONE FRE IM ON TXU DAPI LICATIOH)^
� 3i ht7Th4^_^� 1l tt/•[trAs tltDh•bnsSaeil 4Ylalle__ ..--.._ �� �..-�
HuARER OF BUILDING ON SUBJECT PREmIS" 37 fYaa .tmeIm4 lxa Son toy 1
µnI.lITE)IANCE STAFF PERMANENTLY ASSIGNED TO SU83EGT P:laxtstrs
NwnEer of mowmarKr meR, i&4u4lnj e11 craih.l poraawed end Inclwiuy ww•rric.s, 6.1r". main..; eft, Lwipef.d
fartfia �rrioi yteanpa.�.� ky ry�y perwJc
. ~ - '^,.,r�-�;,; •: � Bwd9tiN E►wl�rges+ far
par isY.ar
30 (wadmal
PFMAI&s MleiplwAwA4 Kw a
El acpinl YoisMvaacs A{ae 1 .
Ilads•Ta)cat lkirssaaas• M1.n � R_
Haw AW4Y OF THE ABOVE HDLD CERTIFICATES OF ELIGISILITT OR COMPETENCY TENCY AS A U&MR, J0URNEnL4. t.
MAWMiANCE MAW, OR CERTIFICATE OF ELIWMITY AS A WILDER)
(Use a�Illanal .Meet t( aee�swyl ..
fi.rsr - C+rrrifc.te Cot -very t arhGcara N.mbw
• favor)
. o
Td WHTS:OT BOW T8 'md
� I
%'Z2S)-VG6'ON XUd
_ 'fS 10r98t SL�S6QtS'.7a991t:SNQs9lt63b111.AAS
u41PAM tuagpe JWL�:i�:01800Ut111b(ih��lq/i�9dd
t ce.ttfy !" vpon epfra..i of 1i.ia appllca:an 0114 pay..aar .f ti 0 "nv.i Prte.iir PFMJt tcaa (SSS for ce '.ni an Try
a�el.rv.enc..a.L, Falpe, or app.twiet alsipol a nalNae.wco cry cf tiijto p-axisrt theta OR ravatsa 04k or 0%5yr—
rirGf.c-a:r I*.l..pc.l..y ..san::se.n -ill cenply �t6 all road. snots .f So.tb Flarldr 69114M Cada and sd.sc .ppfl-
'I. 0110 I v ;I.ra+oaf tlr-I .ny Ids. at cirf.ad'tas tartn,..ts w 4.V s..U.Itr" to dais 0twllmina IV Moo.
coaplivac. of Pr.ra:ct Pwait Yrwistona « orh.r opfl:etift attnsnc.s .UI r.tatt u :a.rcdrl► c.na{fal.on of tba I•h►
+isa p !I, -4 1a the r.nt of "Ch conwffarloo, no w-lan of tia (to '41 Lt """L Fu doll o.east+ery tkls ap.
pt 1 wiry. '
Oval i find Appl f cant Sl pa aura �� �•
I do certify that I hv0 rtsl th. i.repoig intxrey:..s and I aw a -..o of ay rospeasibiJfa and ifoblilly 1 ft* 07 QW;.
cub" (sf a prarlaa ptrsnit anJ tMt an inf.rw.rla.n aMa/aal b 04 "Pllcalatt is I.Va.OJ c.a'.d.
DATE&
.19
SEAL
fi..otw b 11.4 Soktt.lial bthn rn■ i.i(�,_lay d�a .r. „rte -. w' t
MW
moi./}.+ -a— � �`y.� �' r� a.. -•'t '7�fr..r-� �%if 4' �K sr � r.....�
t—b PI4M
s*..in R
APPRO Vf4 FOR PREWSE PENT IN FOLLOW NG MAfKTENAHa TRADES 15 OJECKED.
11VA-01 NO A PLUMBING [j ELECTIMALA 0ECKA14jCx �]
APPLICATK)N MAPPROyFp ton FOLLOVVM RF.ASORM
................ ..................................... --•-._.........._.........---•......
ad WtiiS : 0I BOW I0
%TEMi 06 -ON }(dj
Submitted into the public
record in connection with
item PZ.3_ & PZA on 05128`09
Priscilla A. Thompson
City Clerk
$ 03_H#_L I WS : Wpb{ j
�C'�p:(ssGutu) = 98iC£St�f6�4�J = 991tw = 9(193M � atu
11�Z�1S = I !1 P�P�gS t11a j Wd INt:018DDi1111 IV WI g ?oyd
' PREMISE PERMIT WORK LOG
DESCRIPTION OF PR0BLEM:5afcty RESCRIMON Of WORK:
Enhanr.merm to 8lb—oaid 5bas b; lMoman= work
11a. Y10+ic . LeeatGatt Lomdpa D�cuipUan pikd u conv6st-
p� lss�� Na
No. Na
1. 46454MB NORTH [nF OF SMO RD, BT WEVT OF 497
sw a1 AVE
2, 1 1047056 WMT CW OF i1SCAYNE BL.VE, 100' 401
SOUV OF VES. MAH CAUSEWAY
3. 050658 NORTHEAST CORM L?F M 74 S7. t 4
Cr., sACWQ Ea Sr
4. 48824B sDLJM SIDE OF LORAL WAY, Sr EAST 521
' OF MUM" MCAD .
S.. 484828 mom sof OF FL*um 600' wm 540
OF N5
6. 050309 NORTH cW OF FLACK M SW FAST OF 433
7. 4884BI&Sfl sown S=cwl-195..5 EAtLES WW 597
OF WSCAYNE etw.
8. 48650/618 NORTH =f OF 1.1ls, _5 ULfS WEST 507
' 1 1 OF MCAYNE 9LW.
9. 48673B XORTH SDE OF 1.15%, .2s up" wm gas
OF MUM 4WU
48 652E WF5T VU Or 1-15, A MIE NORTH OF 480
NW 99 ST.'
11. 486fi3B WEST SIDE OF I-95, .1 FE" MO11711 OF 481
NW 65 ST.
' 12. 48654/558 ww s=OE OF 1.95, 5LT NORTH OF RW 482
52 STJT
is, 488178 V -WT SWE OF LLAJM 100' NORTH OF 485
NW 14 W,
' 14. — .491001WEST Mx OF L..EJwf, is, wAri+ OF 1 484
491138 Nw 1s sr.
15. 485938 WEST UN OF I11AMI AVE AT NW 14 $41
5T.
16. 488496 EM f0EOFNE 1 AVE, SO' NORTH OF 5TJ
d ST.
17. 04787/888 ►'�fST $IpE of NW 27, 6C NOatH OF 411
NW 17 ST.
' 18. 484539 WEST Salt OF NW 37, $00' WMTH OF S$4 -
WEST FiAGLER
19. P4704E1 NDKTH EDE OF NW 3b, TOO' EAST OF 533
20. 48456H SOUTH SWE OF NW 7 ST. 2SW E Yr 49g o
OF NW 37 AVE t o0
N C
21. 48623/2413 NCmTH S=CE OF NW 7 ST. 1OO• wtST 416 '3 'n ° L
OF NW 27 AVE O Q v
' IZ OV
22. 48766/673 17TH SIDE OF NW 10 ST, SW EAST 427 t � 0 c
M�>�
QF NW 77 AVE �+U >_
O
w N F- V
C C a Q
' N uvi
. •� -O a Q
0 E
3 v v
4�
,�j J N L
pyy�' T"�j
CA ' S:moi � l_J`�
9BT�SLbS6 'ON XH.�
� 8 Q3"1-01 I WS L�LL�
CCS1K6 015;1:991 q S9J0:91193kI11J ahS:I 1 P'P'S ";fief pry' 1 D:N 8001111 IV OADY flip 3.-IVd
23.
4E7761T79 EAST UDE Of NW 37 AVE, 2 MRS
24.
NOPrH OF WEST FLAGLER
417
i
48598/999 NORTH QDE OF NW 79 ST, 5W WEST
OF WWA AVF
--1487261270
25. 1
SDUTH Sp6 OF WW 79 5T, 150' EAST
432
of"S AVE
26..:
4a792/938 uottTH•sKa nF sA E36. 5a wFSt of
484
LEALME RaAD
27.
484498 MOM SWE OF SW I STREET. 7b
637
EAST OF 5W 17 AVL
28.
484529 EAST E" OF SW 27, 1 O SOUTS OF
4%
i
Sw. sT.
29.
48626/278 WM SIDE Or SW 17 AVE, S0 �SQOIT4
503
DF 157.
i
30.
4867]/728 WEST SJDF OF SW Z7 AVE, Sq SOUTN-
OF R.AGLEIR
31.
48644/451k I FAST SKX US -7 AT SW 27 AVE
545
32.
04605/ WORTH SIDE OF US -4s..2 MU LAST
4W .
i
04711 OF Sn $26
33.
Q5059D N+DAm NX OF US-", .3 +Jak wc&7
454
OP RED ROAD
i
34,
484.57/588 SOU 11 SVE Of W. FLAaM -3 to Ft
49.9
EAbT OF DOUM-A3 FtOAD
35.
48459(605 PORTH Srof OF W. FIAGUM, 2W
538
WEST OF AM ROAD
i
36,
4B606B EAST SIDE OF 2 AVE AT 61 ST.
sag
37.
4a621/22B WEST 501 OF 22 AVE IOC' WUTti OF
543
srr � STP4V
i
1
1
Submitted into the public
s record in connection v,/ith
item PZ.3i & PZ -4 on 05.28.09
Priscilla A. Thompson
City Clerk
tid WH2S :0I BOW 10 'qr3
98Tk��bS6 'ON XH3
Od21 8 03 -MINS : Wau
PJ
EXHIBIT I
RESERVED
C_1
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
EXHIBIT J
RESERVED
Submitted into the public '
record in connection with
item PZ.3 & PZA on 05-28-09 '
Priscilla A. Thompson
City Clerk
I EXHIBIT K
C�
� CBS'MAJOR U.S.
� MEDIA MARKETS
!71
' Submitted into the public
record in connection with
' item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Atlanta, GA
Berkley, CA
Chicago, IL
Columbus, OH
Columbus, GA
Dallas/Ft. Worth, TX
Denver, CO
Detroit, MI
Flint, MI
Grand Rapids, MI
Houston, TX
Jacksonville, FL
Kansas City, MO
Los Angeles, CA
FiL:2660203:1
•
EXHIBIT K
Louisville, KY
Memphis, TN
Minneapolis- St. Paul, MN
Nashville, TN
New Orleans, LA
New York, NY
Northern New Jersey, NJ
Orlando, FL
Phoenix, AZ
Sacramento, CA
San Diego, CA
San Francisco, CA
San Juan, PR
St. Louis, MO
Tampa, FL
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
9
•
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
9
SCBS
OUTDOOR
May 2, 2008
•
Orlando Toledo
Senior Director
City Manager's Office
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Dear Orlando,
CBS Outdoor, Inc. and Outlook Media of South Florida, LLC have signed a letter of
understanding dated May 1, 2008 (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 filing Applications for Outdoor
Advertising Permits with the Florida Department of Transportation on our behalf.
Yours truly,
S Outdoor, Inc.
J e Little
VP OF Real Estate SE
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
J Priscilla A. Thompson
City Clerk
69N CYPRESS PARK DRIVE, TAMPA. FL 33634-4462 • (813) 888-5541 • FAX (81 3) 886-8744 • chsoutdoor.carn
Submitted into the public
record in connection with
Priscilla A. Thompson
City Clerk
' FLORIDA DEPARTMENT OF TRANSPORTATION �b-0zo-a
RIGHT OF WAY
occ -1 uva
RE: Application for outdoor advertising sign permit��.�(rj}
To be completed by applicant:
' Name of Applicant or Company: lir 1 nnk Mpdi n of Roirt-h 7 n i ria T,T.;r_
Sign is: ❑ existing X® proposed
County. yij_l3mi -17ade Municipality, if applicable: City of Mialai _
Highway Name & Number. I - 9 5 =
Sign location description: 1 7 0 0 SW 3 AV,-. / AnnroY_. 1.2 5 ' W. o f T - 9 l';
Section: -' Township: $ S Range:
Parcel lD#:_01-4138-001 -2070
To be completed by appropriate zoning official: /
Designation of parcel on the Future Land Use Map: Rel� b2c, ¢ t✓CY _
' The allowable land uses under this design tion are (list sif)! ti'YI�hWt C nt
X2,0
Name and Title
NOTE: Four must be completed not more than six (6) months prior to receipt of the completed outdoor advertlsing pc n.ilt.
appilcation by the l7eparlinent. -
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Current zoning of parcel (from Land Development Regulations):
'
Tho allowable land uses undeRr this�esig�}ation arP, (list all): M lac/ �/In2M7�2C.� GZ C
-
S rCr• u L/'21:7 g�z U.5 a n _
-
NOTE: Copies of the applicable pages of the land use documents may be submitted in lieu of listing all allowable user
'
above.
Is location within city Ilmits: Yes ❑ No If yes, name of city. (a u2 ! _
Please provide the name and telephone number of the person the Department may contact If additional information is
required:
Name: _,Qz Cr d± S_ 1,5(ld Telephone #:
I certify that Vie above Information reflects the designation of the parcel as it is shown on the current comprehensive
plan adopted pursuant to chapter 163, Florida Statutes, and that I am authorized to sign this form on behalf of the
county/munirApal named above:
PL _
Signaatu l Government Q ficial Date
�ryl (/I
Prim ceand Tlde
'
NOTE: Form must be completed not more than six (6) months prior to recelpt of the completed outdoor advertising pE rr A
application by the Department. ^,
Local Government Permission: Please complete the Items below. You may submit another form of written stateme X
indicating thatthe,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.
T ,o outdoor advertising sign identified in this application:
N�s incompliance with all duty adopted local ordinances and has been or will -be Issued the necessary perm,ts
s not in compllance with local ordinances, but Is legally existing as a non -conforming sign.
Ule 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 Ji)
'
deteo reflected In this secfio I made under my delegated auttrorlty.
� /7 ! 6 /"?- 6 Al
Name and Title
NOTE: Four must be completed not more than six (6) months prior to receipt of the completed outdoor advertlsing pc n.ilt.
appilcation by the l7eparlinent. -
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
A
� I
� I
II
� I
t
1
FLORIDADEPARTMENT OF TRANSPORTATION •
5�5-wuot
RIGHT Of WAY
oGC - 1 D118
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, ff applicable: City of Miami
Highway Name P. Numbs+ 1-395
Sign location description: Approx
250' N. of NW 13 ST on W/S of NW 2 CT.
Section: 3 5 Township:
ParcelI0C 01-3136-036-0020
535 Range
41E
To be completed by appropriate zoning official:
9 P p �7%ed' /hL(�i T r�es��Ps�i"�c�ea��oivr��ccccr
Designation of parcel on the Future Land Use Maym //QHS ! vYtr
The allowable Land uses under this designation are (list of ): u 5 `l
a/ -Yl Cr o rr
Current zoning of parcel (from Land Development Regulations): K ,J IL! -
The aligvrable land uses under Phis designation ani (11st all): 4VP d! vu2
NOTE; Copies of the applicable pages of the land use documents may be submitted in lieu of fisting all allowable uses
above.
Is location within city limits: MYes El 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: (�/��� �o/ j� Telephone #: 3a5 — i 6 y
I 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 Statutes, and that i am authorized to sign this form on behalf of the
countyhnunlcipality•named above:
5i atu Local Government tial Date /
'
TO (-) rd eS S(h t (� r l� 01 1 inn r r7 r'5
Printed Name and Title
NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit
aNlication,by the Department
Local Government Permisslon: Please complete the items below.. You may submit another form of written statement
indicating that the sign compiles 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 adveMsing sign identified In this application:
(As in compliance with all duly adopted local ordinances and has been or will be Issued the necessary pem b*. S� e
E] Is not in compliance with local ordinances, but is legally e:dsting as a non -conforming sign. n n
Ells not in compliance with local ordinances and lslwould be considered to be an illegally maintained structure.
1 certify that I represent the governmental entity within whose Jurisdidlon the sign described herein is located and.that the
' determin f "�this sections ads under my delegated auth7;�
1 6 o 8
Sign oval Government Official Date
/_'D v v-c�es 's (a ZYLc- � 2-oo � inq fid V117i /? u +ci- �o r
1/P�n�te, Name �dgTfve ilrl7l. �o' _/-V t--` - � f-bl fhO1l L' /01 f'
NOTE: Form must be completed not more than six (6) months prior to receipt of the cGmpleted outdoor afiver0sing permit
application by the Department
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
LI
11
Submitted into the public
record in connection with
it
Priscilla A. Thompson
City Clerk
MWMW�
im
E
SCBS
OUTDOOR
August 26, 2008
Peter Bockweg
Assistant to Senior Director
City of Miami
444 S.W. 2nd Ave,
Miami, FL 33130-1910
RE: Letter of Approval for FDOT Outdoor Advertising Permit Applications
Dear Peter;
CBS Outdoor, Inc. herewith withdraws its blanket. letter of consent dated May 2, 2008
authorizing the City to approve FDOT application forms by Outlook Media of South
Florida; LLC on our behalf. A copy of that letter is attached.
Henceforth, any FDOT outdoor advertising application form submitted to the City by
Outlook must include a specific authorization frons CBS Outdoor indicating our approval
and authorizing the City to process the FDOT form pursuant to our Settlement
Agreement with the City,
Please feet free to contact me if you have any questions.
Respectfully,
)c)epLittle
CBS Outdoor, Inc.
VP Real. Estate SE
Cc: Santiago Echemendia
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
2640 N.W. 17TH LANE, POMPANO BEACH, FL 33064 • (954) 971-2995 • FAX (954) 972-2913 • cbsoutdoor.com
ri
U
•
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
-•
Ruden
McClosky
October 24, 2008
Via F 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
0
200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(9 54) 527-2466
FAX: (954)333-4066
GLENN SMITHORUDEN.COM
Re: City of Miami ("City's / 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
I
previously submitted FDOT applications to the City (with one exception) for fhe 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.
3. Category 4 is a list of the sites which are being withdrawn by CBS.
' We ask that Orlando and Peter immediately review this list and inform us of any issues
that may exist as to each site. Additionally, we assume that the FDOT application for the
' Lummis site can now be signed off by the City. In this regard, we ask that Peter have the
appropriate official sign off on the CBS application for this site.
1 FTL 294004 3:1
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA.
BOCA RAYON - CARACAS - Fr. LAUDERDALE - MLAMI - NAPLES - ORLANDO - PORT ST, LURE - SARASOTA - ST. PETERSBURG ■ TALLANAnn TAMPA - WEST PALM BEACH
Page 2
9 •
Please contact me if you have any questions.
Sincerely,
I .
Glenn N. Smith
GNS:lad
Enclosure
CC: Mr. J. C. Clements
Mr. Joe Little
Mr. Billy Long
Mr. Ed Scherer
Veronica Mques, Esq.
Submitted into the public
record in connection with
itprn PZ.3 & PZA on 05-28-09
Fn:2940043:1 Priscilla A. Thompson
City Clerk
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
ROCA RAYON • CARACAS - IT, LAUDERDALE • MINA • NAPLES • ORLANDO • PORTST. LUCIE ^SARASOTA - ST. PETPRSBURG - TALLAHASSEE • TAMPA - WEST PALM BEACH
0
•o
Jnitial Amended
Prooerty Owner
ADDRESS
I FOLIO 9
Zmm�ir q
Ommeryt
0
1
City of Miami (Jose Marti)
1362 SW 4th §treet (ES 1-95 No SW 8"y
10-2030-701-030
PR
Yes
2 lCity
of Miami (Fem isle)
INS SR836 w/o 22nd Ave
13-1340-800-0010
PR
o
3 lLmmfs
COL.
1350 NW 2nd St
01-0110-090-1070
O
1 Yes
4A iOppenheim
RE Venture LLG
245 NE 371h St
101-3219-045-0020
SD -8
Yes
483Titan
O
0
1085 NE 79' Street
'01-3207-016-2930
E G1
c
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a
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Co
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8
v
+.j
Amended Permft
Property Owner
DDRES
FOLIO #
zoning
Gzrtoym Comment
6 IFDOT
£
;W0 NW 2Q' Street
101-0136-035-9340
I
1
6 Y Marriott 1201 NW 42n, Avenue 01.3132.027-0010 G2
7 ( ty of Miami (dmP �
1400 NW 37' Ave (NS SR 836 400 ft w/o
37th Ave
01 3132-000-0080
C-1
cuy
Ln
L-
Location
Consideration
pending
rAsalution of
State Issues
Property Owner
ADDRESS
FOLIO #
I
i Zoning
Gadewav commerd
8 Fu'imo land Co.
3621 NE OT
01-3124-022-0160
SD -8
Yes
1 talr:o HoldingsThis
9
170 NE 38n' ST (NS 1-195 w/o NE 2t
;01-3124.022-0120
C-1
Iocati)ct voidd have to be removed
Yes if Oprpenhaim (4A) !s consbuded.
10 Sevennlne LLC
1700 SW 3rd Ave
01-419&001-2070
C-1
11 Tacolcy Devet meet Edeson
670 NW 6th Ct
01-0113-087-0030
C-1
12 Issac
5860 NW 65th ST
01-3113-025-0100
C-1
13 Srebnick Mat LLC Austin Burke
545 NW 26th ST
01-3125.025-0320
1
14 Bakehouse
15 C—ternpguy Contractors
561 NW 82nd tit
4291 NW7th Ave
01-3126.020-0630
01-3124-003-1449
Gll
C-1
16 GT Used Trucks
636 NW 23rd ST
01-3125-035-0360
1
17 Elks Lodge
4946 NW 7th Ave
01-3124-001-0340
GG1
16 CRY of Mlaml Gibson Park
350 NW 13th ST
01.3130.058-0010
PR
New. FDOT form not previously
submitted to CltV
19 Tanaka 670 NW 67th St 01-3113-025-0041 0-1
we are
Wittx tawaina
Proaerty owrrsr
DD
OLEO k
Zoning
Gateway Comment
Withdraw 345 NE 36 ST LLC Pdohards
345 NE3e ST
13-2190-000-080
C-1
WRhdraw Cam Partners
328334F1a ler
014137-038-OD20
G1
Yes
Wilhdraly IMary Mm
1330 NW 2nd Court
01 -al .46 3B-0020
C-1
Yes
rn
0
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COL.
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City ofMianli C� 1
Building Department .\ .,.r
Permit Application
41
Process #: (�C�
Total Due
Permit #:
Job Location _
Folio Number: �� - oo o�
0%4Fr Lessee Information' '
Owner: G is N�
Job Address: I f'v,f v Zi :
Owner'sAdaress: \ SW 1'?0M, -231
Le 1 Address: t
Phone: rj A F -Mail: ,.j A
U it No:
Lessee: O LML;�v.L .N; N. t< v YLoR D
Commercial 0 FZesidential ❑ Dry Run
Lessee Address: aaq5 9. tai dw A5 5
❑ Owner (3 Contractor EifLessee
Pbone:1-1o7,363.. 1'a.1`a. E -Mail: Ia e�kt, &.n J
`' '3 ='�= .-. Con triictor.Infoimation'
ii
GeI Information
Contractor's LicensORe ' tratlon No: (- 'a_l 0 SL7
Proposed Use of Buildin :
Contractor's Social $ecurity Number, L -L'3
Current Use: V L L
OuaIWer'sName: '¢ L t 1C
Job Description: F
Company's Name: a tLL '{ r rC -fin, -N r. New Construction Total Cast??Vc� 0-0
Address: L.(S VAp,1 to 'iZ,
New Construction Sq. Ft! '3L) Lineal Ft:
City:1 t, State; L- Zip:
Remodeling Total Cost: A./,4
Phan,: 0
Remodeling Sq. Ft; v to Lineal. Ft:
E -Mail:
Units: A/ A Floors: HA Height: S � Gallons: ,14
If this is related to another permit, von must provide:
Master Permit Number. Plan No:
rS
7 Bondin Coin' ari ' _
'Name:
Name:
NA
Address:
Address: --
Phone:
Phone:
PermitType
:^Eli ineer7ArchltectInformatlan -:"".
OBuilding ❑ Plumbing
Engineer's Name: r» N e A
❑ MechanicaVAC ❑ Plumbing/pas
Address:j5 31 v�13 J t
❑Electrical ❑ oofin
Phone:a]?, Qrk7. E -Mail: hr{"
❑ Landsca ping VsipArchitect's
Name: -A
❑ Electrical ❑ Roofing
Address:
0 Fire ❑ Mechanical Elevator
Phone: E -Mail:
Change to t,xiitin• Permit -
-` `•"' ' -'- Buildiitg Pernut onl
❑ Change of Contra clor (CR) ❑ Change of Qualifier (CQ)
D Re -certification of Plans (RC) ❑ Plant rnision (RY)
❑ Completion Permit (CP)
VNew Construction ❑ Addition
❑ General Repair/Remodeling ❑ Mlsc. Building
❑ Change of Occupancy ❑ Demolitlon
D Cbanre of Use
2,0)
-Sa03 C�ZLtz� wo
Iitn, C� V- ''a -Q$8
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I understand that separate permits must he obtained for other items (i.e. electrical, plumbing, roofing, etc.), unless specifically
covered by this permit. In signing this application, I am responsible for the supervision and completion of the construction in
accordance with the plans and specifications and for compliance with all federal, state, and county laws applicable.
Owner's Affidavlr I certify that all the forgoing information is correct. Owner Certifies that the aforementioned Contractor has the
authorization to perform the work as specified above.
Lessee's Affidavit; Lessee certifies that he has full consent and authorization from owner of subject property to perform the above-
mentioned work and to hire above captioned contractor.
I have read the information contained in this permit and understand that any misrepresentation may constitutes fraud and could void
the permit.
Signa a erIA v i lure f ualificr
ublipc{S:atA o��f
��lorlda
F
Yl 630778
Print or r,o Expires 071010.011 Print Name �S e
State of ty o State of Florida, County of h5azn0f)u e
Sw
to and sub jbe its Sworn to ap4 subscribed before m pis
Hy of 1 20 Day of r 201'v
By t r By _
(SEAL..) (S ) _
Person ersonally known or Produced IdenA ab �
Type f Identification oduced ; . 5, 3bA�� Type of Identification produced )
_-3RRUrLDINGDEPARTMNITUSE -ONLY -
JubCode: 'Il� J;
Certifinru Regnrred:
,Ptoon
No.orsheetc 1
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�—Application Received by � -� / Data: P re mLuthorized by: Date
Submitted into the public
Rev =2
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
•
Submitted into
record in conni
item PZ.3 & PZ
Priscilla A.
F.0
City of M;Rmi Process #:
Building Department ^�q Total Due
Permit Application �' Permit #:
�4 W. 4. A irTa,
Folio Number. pt,- '313 � - '36 - ° 61 a
Owner: M 4R4 ri1•A'
Job Address: 1339 rs r Zip:
Owner's Address: vilS, NW (5t PL t+tiami1-cos
Legal Address: l'b o ++w Nufi M o.r")
Phone: tjA E -Mail: N A
Unit No: fA N
Commercial ❑ Residential ❑ Pry Run
Lessee: Oui't.ac>04 1wt=fl,A
Lessee Address: Oka`t5 `: • N A� a s i qtr Ko• +� ao�j d
❑ Owner ❑ Contractor 0 Lessee
Phone:' -/017.33. E -Mail:
t w noir n u _ N t3uer. "itlu� N6
Contra ctor'sLicense/Re istrationNo: 151 0SC9
Proposed Use of 13uildlag.,
Contractor's SocW Security Number:
Current_Use: k/A c kN-T t;oMt1T=1� C rqi
Oualifier's Name:s1t-' IFRµ 1 0.K
Job Descri tion: (a -6'T P_vC i -N oG C3 , ci n
Company's Name: o A N AST\roh e .
New Construction Total Cost: � 7: b:7e>.
Address: a 0,9c 16 "� iZN t�Q.
New Construction Sq. Ft:'jyL/ Lln*_ eal Ft:
CH)': tM I— i State: FL : 3e, ri511
Remodtlin Total CostA
Phone: 6 `i9D
Remodeling Sq. FI: MA LioeaIFt- NA
E -Mail:
Units; rA Floors: rvA Hti ht:'7T' Gallons: NA
If this is related to inother Rtrmit, You must rovide :
Master Permit Number. Plan No:
2
Name.
Name: N
Address:
Address:
Phone:
Phone:
�tr�,,,,' � +aav_ "� €� 'i?!i
�. ` � �g��' � • .& e� ' ftl`si Q. Se,.: r �:•r��
0 Building 0 Plumbing
En incer'sNamc: D�ANQ Y'r-W%LAt_
❑ hlechanicaYAC ❑ Plumbin /Gas
Address: l b b -k 1 PLAt.J_V urs S lSv,
❑Electrical ❑Roofrn
Phone: '7, o, E -Mail: VA 6 C
❑ Landscaping SI n
Architect's Name: NA
❑Electrical D Roofing
Address: NA
❑ Fire ❑ Mechanical Elevator
Phone: 'u -Mail IV
n : a <.r "
a "-izt DO
❑ Change of Contractor (CR) ❑ Change of Qualifier (CQ)
DRe-certlficatlon of Plans (RC) 0 Plans revision (RV)
❑ Completion Permit (CP)
16 New Construction ❑ Addition
❑ General Repair/Remodeling ❑ Misc. Building
I D Change of Occupancy D Demolition
❑ Change of Use
1 Ca+n
I understand that separate permits must be obtained for other items (i.e. electrical, plumbing, roofing, etc.), unless specifically
covered by this permit. In signing this application, I am responsible for the supervision and completion of the construction is
accordance wilb the plans and specifications and for compliance with all federal, state, and county laws applicable.
Owner's Affidavit: I certify that all the forgoing information is correct. Owner Certiffes that the aforementioned Contractor has the
authorization to perform the work as specified above.
Lessee's Affidavit; Lossee certifies that he has full consent and authorization from owner of subiect property to perform the above-
mentioned work and to hire above captioned conbuator,
I have read the information co ined in this permit and understand that any misrepresentation may constitutes fraud and could void
the permit
Signattar of Owner eofQua] i
_6/
4-4 �4LF ' /_ 60.41CLE
Print Name Print Name t a—
State, of Florida, County of Miami -Dade State of Florida, County of -Miami e
before '
Sworn to and subscribed me this Sworn to an LLibsenbed before me V _
JJV
Day o 20 ok J Day of 20
By n �U� a 7 tCJ Z -by
(SEAL) (SEAL) U (SEAL)
' Personally known or Produced Identification,r Personally known or Produced IdwA&ca ' n
Type r-t_t L. [ereA� �, J Type oflddentification
ofidentificationproduced _,j. producedL-
,s"j' :�R :. •UMsi'' , ..���wr�"' ��"�.=�t' � � SCr }�I+�.•. 1-�:11:v�.`t.��.b_ ,r,"��7.;'
Job Coda Cerdficmet Required: Planr. No. Or Shecw
❑ C.O. ❑ C.C. o Yet ❑ No
Tracking required
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10
12/12/2008 15;37 677548910 • PAGE 02
T-tv of
PEDRO G. HERNANDEZ, P.E.
• uN,um
Clty Manager
c 4
I
December 8, 2008
CERTIFIED MAIL
SeneDnine LLC R=M RECEIPT S RL UHSTED
331 SW 19`s Road 7006 7-760 0001 5320 2759
Miami, FL 33129
Outlook Media of South Florida, LLC
7006 2760 0001 5320 2742
2295 S, Hiawassee Rd,, #203
Orlando, FL 32835
Re: Building Department Permit Application for Construction of Rillboard
Job Site: 1700 SW 3`d Ave., Miami, FL
Sevennine Site
Gentlemen:
The Building Department is in receipt of a Permit Application, received
November 6, 2008, for the construction of; a billboard at the above -referenced location.
This Application is denied for the following reasons:
Section 10.4.5 of the Miami Zoning OrdbaaDee 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 5ign5 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 sign copy does not
pertain to the use of the property, a product sold, or
the sale or lease of the property on which the sign is
displayed and which does not identify the place of
business as purveyor of the merchandise or services
advertised on the sigii,
Excent as othenvise provided in Articles 4 and 10 and/or
the City Code or, pursuant to this subsection, no
new freestanding "Outdoor advertising signs," as
defined above shall be allowed.
DEPARTMENT OF ZONING
444 SW 2nd Avenue, 4`Floor, Warn% Fl 331;10 (3D5) 416-1499 Telecopler (3D5) 416-1490
Mailing Mdres$: P.Q. F30x 330709 Ml -ami, Florida 33233-0708
rn
0
U_ L co O
" O Y
L
8
v .o C E
-C .• t
0 y N H V
C C a Q
O m
-a U=
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E 0. 0-
0 E
7 v
12/12/2008 15:37 87754800
Seveanine, LLC
Outlook Meda of South Florida, LLC
December 8, 2008
Page 2
With respect to existing outdoor advertising signs, Section
926.15 "Outdoor advertising signs" of Ordinance
j 11000 adopted in 1990, the Zoning Ordinance of
j the City of Miami, and dealing with "Outdoor
j 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
j 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 afrect any legal proceedings begun
and all legal proceedings that might have been
i begun under these provisions of Ordinance No.
�.
11000, as adopted in 1990, and such proceedings
j; shall be given full force and effect.
Notwithstanding any provision of this Zoning Ordinance to
the contrary, permits for outdoor advertising`signsns
may be issued pursuant to a Settlemept Agreeernent
authorized by Resolution passed by the City
Commission in conjunction with the settlement of
related litigation which expressly authorizes
issuance of such permits for said outdoor
advertising signs, and then oDly under the terms and
conditions of settlement agreements that result in a
net reduction in the, party to the settlement's number
of outdoor advertising suns located in the City o
Miami,
PAGE 03 t
Consequently, no new "Outdoor advertising signs" are permitted in the City of
Miami (hereinafter the "City') eNcept pursuant to a Settlement Agreement authorized by
the City Com -mission that results in a net reduction in the number of "Outdoor advertising
signs" located in the City, The City Commission authorized such a settlement agreement
with CBS Outdoor, Inc. (hereinafter "CBS"), on April 28, 2008.
Under paragraph 4 of the CBS Settlement Agreement, CBS is required to comply
with all applicable Florida Department of Transportation (hereinafter "FDOT")
regulations for any Outdoor advertising sign constructed under the Settlement
Agreerueut. FDOT requires a permit for the construction of Outdoor advertising signs, to
enforce their spacing regulations. FDOT requires the applicable municipality to sign -off
on the permit prior to its issuance.
Submitted into the public
record in connection with
item PZ -3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
' 12/12/2008 15:37
1
J
87754890
l
Sevennine, LLC
Outlook Media of South Florida, LLC
December 8, 2008
Page 3
f
0
PAGE 04
On May 2, 2008, CBS authorized Outlook Media of South Florida, LLC.
i (hereinafter "Outlook Media', to file applications for outdoor advertising permits with
FDOT on•CBS' behalf, and notified the City of that authorization. (See letter attached as
Exhibit "A")
On June 26, 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 identif ed 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 "B"). To
date, the City has not been provided any information that an FDOT permit has been
issued for this site.
Under paragraph 19(f) of the CBS Settlement Agreement, CBS has the right of
assignment of its rights and obligations under the settlement agreement, but only after
any attempted assignment is approved in writing by the City Commission. 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 CRS Settlement
Agreement to Outlook Media with regard to this Outdoor advertising sign, nor has the
City Commission been requested to approve any such assignment.
On November 6, 2008, Outlook Media, as lessee, and Sevennine, LLC., as owner,
submitted to the City the subject Permit Application for an Outdoor Advertising Sign at
the above -referenced site without providing any evidence of: (a) CBS' consent to,
Ii approval of, or joinder in, the Application; (b) an assignment of rights in the CBS
i. Settlement Agreement to Outlook Media approved by the City Commissiort; an (c)
the satisfaction of the 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. This is in addition to the failure to secure an
FDOT permit for this site as indicated above. These material omissions prevent us from
taking any further action at this time except to deny the subject Permit Application.
Because of the City's denial of this Permit Application for the reasons set forth
above, this Application has not been reviewed by the necessary disciplines.
Consequently, the City reserves the right, should it be necessary in the future, to assert
i 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. Thanl� you,
Sincerely,
1
i
urdes 5lazyk
' I Zoning Administrator
i
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on Os -28-09
Priscilla A. Thompson
City Clerk
12/12/2009 15:3.7 87754B& PAGE 05
I
i
Sevennhae, LLC
Outlook Media of South. Florida, LLC
December 8, 2008
Page 4
150708
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Submitted into the public
record in connection with
item PZ13 & PZA on OS -28-05
Priscilla A. Thompson
City Clerk
Cf(d4bIJ1
Mary E. Mays
17326 NX 61" Place
Miami, FL 33015
Ott
December 8, 2008
Outlook Media of South Florida, LLC
2295 S. Hiawassee Rd., 4203
Orlando, FL 32835
• PAGE 02
PEDRO G, HERNANDE2, P.E.
City 1.1anaeU
C):RTIFZ M HA11,
RETUU RECEIPT(6) MUESTED
7006 2760 D001 5320 2766
7006 2760 0001 5320 2773
Re: Building Department Permit Application for Construction of Billboard
Job Site: 1.330 NW 2"a Ct., Miami, FL
Mary Mays Site
Gentlemen:
Ile Building Department is in receipt of a Pem-dt Application, received
November 5, 2008, for the constr=tion 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 coaduct 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 sign copy does not
pertain to the use of the property, a product sold, or
the sale or lease of the property on which the sign is
C1
displayed and wb.ich does not identify the place of
9
business as purveyor of the merchandise or services
"
r' o -�d
advertised on the sign,
a
Ln
c a
Except as otherwise provided in Articles 4 and 10 and/or
.6, v
the City Code, or, pursuant to this subsection, no
0 =
a d
DEPARTMENT OF ZONING
-p U
QJ
-2_
M -U
444 S.W. 2nd Avenue, 4" Floor, Miami, FL 33130 (305) 416.1499 Telecopier (3D5) 416.1490
Mailing Address: P.O. Boa 330708 Miami, Florida 33233-0708
d 'L
o
U
Vf i
Ea
i L/ 1L/ LVVO. l:J. JV V! rJv�U • F''nl�t. b.j '
Mary E. Mays
Outlook Media of South Florida, LLC
December 8, 2008
Page 2
new freestandincz "Outdoor advertising signs." as
defined above shal] be allowed,
li With respect to existing outdoor advertising signs, Section
926.15 "Outdoor advertising signs" of Ordinance
i 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
fis 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 aay legal proceedings begun
and all legal proceedings that might have been
i
begun under these provisions of Ordinance No.
11000, as adopted in 1990, and such proceedings
shall be, given full force and erect.
Notwithstanding any provision of this Zoning Ordinance to
the contrar.permits for outdoor advertising signs
may be issued pursuant to a Settlement Agreement
j authorized by Resolution passed by the City
Commission, in conjunctioq with the settlemurit of
related litigation, which expressly authorizes
issuance of such permits for said outdoor
advertising signs, and then only under the terms and
conditions of settlement agreements that result in a
pet reduction'in the party to the settlement's number
of outdoor advertising signs located in the City of
iarni,
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, IDD. (bereinafter "CBS"), on April 28, 2008.
Uadez paragraph 4 of the CBS Settlement Agreement, CBS is required to comply
with all applicable Florida Department of Transportation (hereinafter "FDOT")
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
14/ 4UVU 1J. Ju ui J .u� • I Hit U4
i
Mary E. Mays
Outlook Media of South Florida, LLC
Docember 8, 2008
Page 3
I
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
on 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 perraits
! with FDOT on CES' behalf, and notified the City of that authorization. (See letter
attached as Exhibit `=A").
On June 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
On June 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 bee>a or will be issued
the necessary permits." (See FDOT Permit Application attached as Exhibit "C").
Subsequently, FDOT issued Florida Sign Permits to Outlook Media for this site (See
FDOT Pcm-dts CG 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 Conamisston.. 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
j attorney, Glenn N. Smith, Esq., of Ruden, McClosky, et al., that, pursuant to the CBS
Settlement Agreement, and its previous authorization. to Outlook Media to file
Applications for Outdoor Advertising Permits with FDOT on CBS' behalf, it was
i; withdrawing the above -referenced 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' consent to, approval of, or
joinder in, the Application; (b) an assigumeat of rights in the CBS Settlement Agreement
to Outlook Media approved by the City Commission; and/or (e) the satisfaction of the
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
I:
Mary E. Mays
Outlook Media of South Florida, LLC
December 8, 2008
i
Page 4
i
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.
I
Because of the City's denial of this Permit Application for the reasons set forth
above, this Application has not been reviewed by the necessary disciplines.
.Consequently, the City reserves the right, should it be necessary in the ;future, to assert
I
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
f5061S
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
u
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Miami Zoning Board
Resolution No.: 09-0006
Monday, February 9, 2009
Mr. Comeiius Shiver offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO,
11000, THE ZONING BOARD DENIED THE APPEAL BY AMANDA L, QUIRKE,
ESQUIRE ON BEHALF OF OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, THEREBY
UPHOLDING THE ZONING ADMINISTRATOR INTERPRETATION DATED
DECEMBER 8, 2008, REGARDING A PROVISION CONTAINED IN SECTION 10.4.5,
OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ENI -1 -1 -LED "OUTDOOR ADVERTISING SIGNS; NEW
SIGNS OF OUTDOOR ADVERTISING PROHIBITED", FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1700 SOUTHWEST 3RD AVENUE, LEGALLY
DESCRIBED AS EXHIBIT °A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL WITH AND SD -
23 CORAL WAY SPECIAL OVERLAY DISTRICT.
Upon being seconded by Mr. Charles A. Garavaglia,
the motion was passed and adopted by the following vote;
� I
� I
I I
Ms. Fernandez: Motion carries 6-0
Teresita L. Fernandez, Executive cretary
Hearing Boards
' File ID#: 09-00019za Z.3
Submitted into the public
record in connection with
' item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Mr. Brat Berlin
Yea
'
Mr. Ron Cordon
Mr. Charles A. Garavag Ila
Yes
Yes
Ms. Ileana Hemandez-Acosta
Away
Mr. Lazaro Lopez
Away
Mr. Juvenal A. Pins
Yes
Mr, Cornellus Shiver
Yes
'
Mr, Richard Tapla
Away
Mr, Angel Urqulola
Yes
AYE:
6
'
NAY;
D
ABSTE=NTIONS:
D
NO VOTES;
0
'
ABSENT;
3
� I
� I
I I
Ms. Fernandez: Motion carries 6-0
Teresita L. Fernandez, Executive cretary
Hearing Boards
' File ID#: 09-00019za Z.3
Submitted into the public
record in connection with
' item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
•
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
A
9
Miami Zoning Board
Resolution No.: 09-0007
Monday, February 9, 2009
Mr. Cornelius Shiver offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD DENIED THE APPEAL BY AMANDA L. QUIRKE,
ESQUIRE ON BEHALF OF OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, THEREBY
UPHOLDING THE ZONING ADMINISTRATOR INTERPRETATION DATED
DECEMBER 8, 2008, REGARDING A PROVISION CONTAINED IN SECTION 10,4.3,
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 "Au (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED CONIMERCIAL.
Upon being seconded by Mr. Charles A. Garavaglla,
the motion was passed and adopted by the following vote;
Mr. Bret Berlin
Yes
Mr. Ron Cordon
You
Mr. Charles A. Garavaglla
Yes
Ms. Ileana Hemandez-Acoste
Away
Mr. Lazaro Lopez
Away
Mr, Juvenal A Plna
Yes
Mr. Cornellus Shiver
Yes
Mr. Richard Taple
Away
Mr. Angel Urquiole
Yea
AYE:
8
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT
3
Ms, Femandez; Motion carries 6-0
Teresita L, Fernandez, Executi ecretary
Hearing Boards
File ID#: 09-00020za Z.4
Submitted into the public
record in connection with
item PZ.3 & PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
E
11
It
Priscilla A. Thory
City q
0
dllRuden
,McClosky
March 19, 2009
HAND DELIVERY
Ms. Teresita Fernandez
Clerk of the Hearing Boards
444 S.W. 2nd Avenue
Miami, FL 33130-1910
0
200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2466
FAX: (954)333 1066
GLENN.SMITH@RUDEN.COM
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Re: Request for Intervention by CBS Outdoor, Inc. ("CBS") in the hearing before
the City Commission regarding the Notice of Appeal to the City Commission
submitted by Outlook Media of South Florida, L.L.C. ("Outlook")
Sevennine — Case #09-00019CC
Dear Ms. Fernandez:
This firm represents CBS, the owner of several outdoor advertising signs in the City of
Miami (the "City"). On February 19, 2009, Outlook submitted a Notice of Appeal ("Notice of
Appeal") to the City Commission, seeking review of the decision of the Zoning Board on
February 9, 2009, denying Outlook's appeal of the decision by the Zoning Administrator,
Lourdes Slazyk, to deny issuance of a building permit for a sign located at 1700 S.W. P Avenue
(the "Sevennine Sign"). A copy of the Notice of Appeal is attached hereto as Exhibit A. The
hearing on the Notice of Appeal has been set for March 26, 2009 before the City Commission
(the "Hearing'. Pursuant to Article 20 of the City's Zoning Code, CBS hereby seeks to
intervene as an interested party in the Notice of Appeal, and to participate in the Hearing before
the City Commission, on the grounds set forth below.
In 2001, a series of disputes arose between CBS and the City. On or about July 18, 2008,
CBS and the City entered into a settlement agreement (the "Settlement Agreement") to resolve
their disputes. A copy of the Settlement Agreement is attached hereto as Exhibit B. The
Settlement Agreement between CBS and the City provides, among other things, that CBS will be
entitled to up to fifteen (15) Amended Permits to relocate certain signs within the City in
exchange for removal of numerous signs and sign faces.
On November 5, 2008, Outlook, through its contractor, submitted a building permit
' application for the Sevennine Sign, a copy of said application being attached hereto as Exhibit C
(the "Application"). Section 10.4.5 of the City's Zoning Code prohibits the issuance of permits
I
FTL:3107916:1
' RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA PLATON • CARACAS • FT. LAUDERDALE - MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
Page 2
for outdoor advertising signs unless those permits are issued under the terms and conditions of a
settlement agreement between the permittee and the City.
To attempt to justify the issuance of the building permit, Outlook attached to the
Application a copy of CBS's Settlement Agreement, and asserted that Outlook is entitled to an
Amended Permit thereunder. However, Outlook is not a party to the Settlement Agreement.
Under the Settlement Agreement, no party other than CBS can obtain an Amended Permit unless
CBS: (i) assigns the Amended Permit to another party; and (ii) the City approves that assignment
in writing. CBS has not assigned any Amended Permit to Outlook. Outlook relies on a May 2,
2008 letter from CBS to the City, in which CBS "consents to Outlook Media of South Florida,
LLC filing Applications for Outdoor Advertising Permits with the Florida Department of
Transportation ["FDOT"] on our behalf', attached as Exhibit E to the Notice of Appeal.
However, CBS specifically stated in the May 2, 2008 letter, that Outlook was authorized only to
file applications with FDOT, and those applications were to be filed on behalf of CBS, and not
on Outlook's own behalf.
The issuance to Outlook of the building permit for the Sevennine Sign would directly
affect CBS's rights under the Settlement Agreement between CBS and the City, in that CBS
would be deprived of an Amended Permit under said Settlement Agreement. Therefore, CBS
has an interest to be represented in the Notice of Appeal, and CBS's presence at the Hearing is
necessary to a complete determination of the issues in the Notice of Appeal.
Based on the foregoing, CBS requests that the City Commission allow CBS to intervene
in the Hearing as a respondent/appellee.
Please contact the undersigned if you have any questions concerning the foregoing.
Sincerely,
�\ , %-Yx
Glenn N. Smith
With enclosures:
CC: Warren Bittner, Esq., Assistant City Attorney
Veronica Xiques, Esq., Assistant City Attorney
Maria J. Chiaro, Esq., Assistant City Attorney
Ana Gelabert-Sanchez, Director of the Department of Planning
Amanda Quirke, Esq.
Lourdes Slayzk, Zoning Administrator
Joe Little
FiL:3107916:1
Submitted into the public
record in connection With
item PZ.3•4 on 0505 9
Priscilla A. Thompson
city clerk
RUDEN, McCLOSKY, SMITH, SCHUSfER & RUSSELL, P.A.
BOCA RATON • CARACAS • FT. LAUDERDALE • MIAMI . NAPLES • ORLANDO • PORT ST. LUCIE . SARASOTA . ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
0
0
Submitted into the public
record in connection with
item —PZ3& PZa on 05-28-09
Priscilla A. Thompson
City Clerk
A,
I
Dear Ms. Fernandez:
This firm represents CBS, the owner of several outdoor advertising signs in the City of
' Miami (the "City"). On February 19, 2009, Outlook submitted a Notice of Appeal ("Notice of
Appeal") to the City Commission, seeking review of the decision of the Zoning Board on
February 9, 2009, denying Outlook's appeal of the decision by the Zoning Administrator,
' Lourdes Slazyk, to deny issuance of a building permit for a sign located at 1330 N.W. 2nd Court
(the "Mary Mays Sign"). A copy of the Notice of Appeal is attached hereto as Exhibit A. The
hearing on the Notice of Appeal has been set for March 26, 2009 before the City Commission
(the "Hearing"). Pursuant to Article 20 of the City's Zoning Code, CBS hereby seeks to
intervene as an interested party in the Notice of Appeal, and to participate in the Hearing before
the City Commission, on the grounds set forth below.
In 2001, a series of disputes arose between CBS and the City. On or about July 18, 2008,
CBS and the City entered into a settlement agreement (the "Settlement Agreement") to resolve
' their disputes. A copy of the Settlement Agreement is attached hereto as Exhibit B. The
Settlement Agreement between CBS and the City provides, among other things, that CBS will be
entitled to up to fifteen (15) Amended Permits to relocate certain signs within the City in
exchange for removal of numerous signs and sign faces.
On November 5, 2008, Outlook, through its contractor, submitted a building permit
' application for the Mary Mays Sign, a copy of said application being attached hereto as Exhibit
C (the "Application"). Section 10.4.5 of the City's Zoning Code prohibits the issuance of
I
FTL:3090299:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA RATON • CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
200 EAST BROWARD BOULEVARD
'
SUITE 1500
LAUDERDALE, FLORIDA 33301
ollyRudenFORT
mcClosk
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2466
'
FAX: (954) 3331066
GLENN. SMI TH@RUDEN.COM
March 2009
19,
Submitted into the public
record in connection with
'
HAND DELIVERY
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
Ms. Teresita Fernandez
City Clerk
Clerk of the Hearing Boards
444 S.W. 2nd Avenue
Miami, FL 33130-1910
iRe:
Request for Intervention by CBS Outdoor, Inc. ("CBS') in the hearing before
the City Commission regarding the Notice of Appeal to the City Commission
1
submitted by Outlook Media of South Florida,
L.L.C. ("Outlook")
Mary Mays Sign — Case #09-00024CC
I
Dear Ms. Fernandez:
This firm represents CBS, the owner of several outdoor advertising signs in the City of
' Miami (the "City"). On February 19, 2009, Outlook submitted a Notice of Appeal ("Notice of
Appeal") to the City Commission, seeking review of the decision of the Zoning Board on
February 9, 2009, denying Outlook's appeal of the decision by the Zoning Administrator,
' Lourdes Slazyk, to deny issuance of a building permit for a sign located at 1330 N.W. 2nd Court
(the "Mary Mays Sign"). A copy of the Notice of Appeal is attached hereto as Exhibit A. The
hearing on the Notice of Appeal has been set for March 26, 2009 before the City Commission
(the "Hearing"). Pursuant to Article 20 of the City's Zoning Code, CBS hereby seeks to
intervene as an interested party in the Notice of Appeal, and to participate in the Hearing before
the City Commission, on the grounds set forth below.
In 2001, a series of disputes arose between CBS and the City. On or about July 18, 2008,
CBS and the City entered into a settlement agreement (the "Settlement Agreement") to resolve
' their disputes. A copy of the Settlement Agreement is attached hereto as Exhibit B. The
Settlement Agreement between CBS and the City provides, among other things, that CBS will be
entitled to up to fifteen (15) Amended Permits to relocate certain signs within the City in
exchange for removal of numerous signs and sign faces.
On November 5, 2008, Outlook, through its contractor, submitted a building permit
' application for the Mary Mays Sign, a copy of said application being attached hereto as Exhibit
C (the "Application"). Section 10.4.5 of the City's Zoning Code prohibits the issuance of
I
FTL:3090299:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA RATON • CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
r
Page 2
permits for outdoor advertising signs unless those permits are issued under the terms and
conditions of a settlement agreement between the permittee and the City.
To attempt to justify the issuance of the building permit, Outlook attached to the
Application a copy of CBS's Settlement Agreement, and asserted that Outlook is entitled to an
Amended Permit thereunder. However, Outlook is not a party to the Settlement Agreement.
Under the Settlement Agreement, no party other than CBS can obtain an Amended Permit unless
CBS: (i) assigns the Amended Permit to another party; and (i) the City approves that assignment
in writing. CBS has not assigned any Amended Permit to Outlook. Outlook relies on a May 2,
2008 letter from CBS to the City, in which CBS "consents to Outlook Media of South Florida,
LLC filing Applications for Outdoor Advertising Permits with the Florida Department of
Transportation ["FDOT"] on our behalf', attached as Exhibit E to the Notice of Appeal.
However, CBS specifically stated in the May 2, 2008 letter, that Outlook was authorized only to
file applications with FDOT, and those applications were to be filed on behalf of CBS, and not
on Outlook's own behalf.
The issuance to Outlook of the building permit for the Mary Mays Sign would directly
affect CBS's rights under the Settlement Agreement between CBS and the City, in that CBS
would be deprived of an Amended Permit under said Settlement Agreement. Therefore, CBS
has an interest to be represented in the Notice of Appeal, and CBS's presence at the Hearing is
necessary to a complete determination of the issues in the Notice of Appeal.
Based on the foregoing, CBS requests that the City Commission allow CBS to intervene
in the Hearing as a respondent/appellee.
Please contact the undersigned if you have any questions concerning the foregoing.
Since
rely,
� .
Glenn N. Smith
With enclosures:
CC: Warren Bittner, Esq., Assistant City Attorney
Veronica Xiques, Esq., Assistant City Attorney
Maria l Chiaro, Esq., Assistant City Attorney
Ana Gelabert-Sanchez, Director of the Department of Planning
Amanda Quirke, Esq.
Lourdes Slayzk, Zoning Administrator
Joe Little
FTL:3090299:1
Submitted into the public
record in connection with
item PZ.3 & PZA on 05-28-09
Priscilla A. Thompson
City Clerk
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
SOCA BATON • CARACAS - FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA - WEST PALM BEACH