HomeMy WebLinkAboutSubmittal-Documents Related to Questions for Zoning AdministratorOUTLOOK MEDIA OF SOUTH FLORIDA, LLC
Documents Related to Questions for Zoning Administrator
' Appeal of Zoning Administrator Decision
City Commission Meeting
' March 25, 2010
PZA
09-00616za
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' Sec. 2101.1, Zoning Code A
Sec. 1803, Zoning Code B
'
February 2009 Outlook Application - Denied C
' Sec. 926.15.2.1(a), Zoning Code D
' Lummus Approval E
' CBS Settlement Agreement Language F
CBS Indemnification & Email G
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' Submitted into the public
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'c �/i�n 5 Qe I �t,l � � item PZ.6 on 04-08-10
09 0(?�(� ZQ_—�J6✓�� I,� ri'I pp Priscilla A. Thompson
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Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
A
ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALT... Page 1 of 1
1 Sec. 2101. Zoning administrator responsible for administration and enforcement.
2101.9. Generally.
' A zoning administrator, appointed by and responsible to the city manager, shall be responsible
for administration and enforcement of this zoning ordinance, except as otherwise provided herein, with
t 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.
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
http://Ilbrary8.municode.com/default-test/DocView/11251/1/3/25 2/23/2010
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Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
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ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND ... Page 1 of 1
Sec. 1803. Stay of proceedings.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer
from whom the appeal is taken certifies to the zoning board, after the officer has received the notice of
appeal, that, by reasons of facts stated by such officer, a stay would, in the officer's opinion, cause
imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a
restraining order issued by the zoning board or by a court of competent jurisdiction, on notice to the
officer From whom the appeal is taken and on due cause shown.
Ihttp://library8.municode.com/default-test/DoeView/11251/1/3/22 2/22/2010
RM
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
C
• ,"�i111"� as call ,agar
February 19, 2001
Amends l., Quirke
Taw Cardenas, L. P
Fouti SovRong ToWer, 15P F-10 Or
Mlaml, Florida 33133
Re; Renewal of 0utttaar Ativertlsing Appllcatlf�ns
penr Ms. Quirke,
I sm in rec;alpi of a fnxed letter wlth baait up from your office dated rebruary 11, 2009 end, :d
again, os modified, dated Februnry 18, 7009 roquestin8 renewal of aertaln outdDor advertlsing iilgi
am Informin� you that+ per The nt>: Md intterb tram 05, and their repro sentutiva5, the tgquRst 4^�' ,
autharizad,
Sincerely,
jurdWat Alat�k-4eL-1
ZanIq Adminimmr
Gc: Orianda Toledo, SNnikir piroetor of Plnnnlna, DultdlnP, And'Zonlnr
Worran Wttnar, Asslstant city AttarnsY
VVrpnlCd Xlques, A95Is[MnC Clay fiMMY
Pieter'Bockweg, Aotstant tr) Senior Dlreuot of Planning, avildlna and xnnlq
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
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Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
1 ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Page I of 1
Ihttp://Ilbrary8.municode.com/default-testiDoeView/11251/1/3/13
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
2/23/2010
926.15.2.1. No outdoor advertising sign which faces a limited access highway
1
including expressways as established by the State of Florida to a greater degree
than permitted in section 926.15.2, shall be erected, constructed, altered,
maintained, replaced or relocated within six hundred sixty (660) feet of any such
'
highways including expressways, easterly of 1-95 and southerly of 36th Street.
Outdoor advertising signs, a maximum of ten (10) in number, including those
presently in place, which face such limited access highways may be erected,
constructed, altered, maintained, replaced or relocated within two hundred (200)
feet of the westerly side of 1-95 right-of-way lines, or that portion of the easterly
'
side of 1-95 which lies north of 36th Street, or of any limited access highway,
including expressways as established by the State of Florida or any of its political
subdivisions, westerly of 1-95; or which lie easterly of 1-95 and north of 36th
Street, after city commission approval, and subject to the following conditions:
'
(a) An outdoor advertising sign structure approved pursuant to this
ordinance shall be spaced a minimum of fifteen hundred (1500) feet from
'
another such advertising structure on the same side of a limited access
highway including expressways facing in the same direction.
(b) The height of the structure shall not exceed a height of fifty (50) feet
measured from the crown of the main traveled road, and in no instance
'
shall exceed a maximum height of sixty-five (65) feet measured from the
crown of the nearest adjacent or arterial street.
(c) The sign structure shall be of unipod construction with pantone
matching color system PMS180U reddish brown or PMS463U dark brown
or similar color, and with only two (2) sign faces back to back at a
maximum horizontal angle of thirty (30) degrees from each other.
(d) No flashing, blinking or mechanical devices shall be utilized as a part
of the outdoor advertising sign.
'
(e) Sign area, embellishments and projections shall be as set forth in
section 926.15.1.
Ihttp://Ilbrary8.municode.com/default-testiDoeView/11251/1/3/13
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
2/23/2010
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
E
RECEIVED JUL Y 7 2009
FLORIDA DEPARTMENT OF TRANSPORTATION "�07D D1
RIGKT of WAY
occ- iorx
i
' RE: Wwr,.,aS Application for outdooradverising sign permit
To be completed by applicant
Name of Applicant or Company, G 9.5 nutu�a� t„/L
Sign is: ❑ ieodsting RI proposed ,
Gounty:& add{/- P6 Municipality, if applicable: jr!� 4
Highway Name $ Number.. f,011P 9
Sign location description: 41155T s 1 teOF A/-- ,41kl .SrieeCr
Section: Township: -J r Range:
90—ToParcel ID#: of ' 62/10 r 610-
To
be completed by appropriate zoning officlial:
Designation of parcel on the Future Land Use Map: ' L9
The allowable land uses under this designapo (list all):
Current zoning of parcel.(from Land Development Regulations): O pFF/ L'
' The allowable land uses under this designation are (list all : L?I::
NOTE: Gopies of the applicable pages of the land use documents may be submitted in lieu of listing all allowable uses
above.
Is location within city4imits: Yes ❑ No if yes, name of city: G/ 1-Y OF
Please provide the name and telephone number of the person the Department may contact if additional Information is
required:
Name: /_ o L/ rd e S '51a 7-4 Telephone #:
.1 certify that the above information reflects the designation of the parcel as itis 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/munid iA ymnedabove:
o
r Signatu uovemme, _ .., 7 - - - L)ate
"Z a el r r) m/ n i S 7�YGi .V '
Printed Name and Title
NOTE: Foran must be completed not more than six1, 6) months prior to receipt of the completed outdoor advertising permit
application by the Department
' Local Govemmentpermission: Please campletejthe items below. You may submit another form .of written statement
Indicating that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the
building permit issued by the local government maybe submitted.
The outdoor advertising sign identified in this application:
As in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits.
FIs not in compliance with local ordinances, but is legally existing as a nor,-orrforming sign.
❑Is not in compliance with local ordinances and is/would be considered to be an illegally maintained structure.
' 1 certify that I represent the governmental entity within whose jurisdiction the sign described herein is located and that the u c
�deierminatio cted in this section de, under my delegated suthoftty.
Go0 00
vernt vm t - Dace' s ;, O L
Z o n 1 rl ;61rnl 17( ct4-t7-r c r u
Printed Name and TibeQ
0 (p
� to
NOTE: Form must be completed not more than siz (6) months prior to receipt of the completed outdoor advertising permit41
t application by the Department
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item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
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implement the retrofit requimner,ts contaiDed in this Agreement for any struct:,re which is
erected pursuant to an Amended Permit;
' e. CBS will pay the Cilry a one -tune permit amendment fee as follows: (a)
S2C,000 for ,a --b Amended Permit for a Sign st.-ucture in a C-2 Zoning District; and (b) 550,000
' for each Amended ?e.—mil for a Sign structure in a C-1 Zoning Distiict. For purposes of the
limited number ofA ended Permits under this Ageement, C -J includes al] C-1 and any Special
tDistrict 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
tAgreement, specifically prohibits all outdoor advertising Signs.
f. During the term of this Agreement, excapl as set forth in 4(d), above, the
City shall take no action to compel any CBS Sip which is the subject of an Initial Amended
t'Permit or Amended Permit under Lhis 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, cr ot_,er approval of -any Lnd shall be -required for any Sign which is the subject
ofan A -mended Permit,
OR. Nothing contained in this Avg-aemeni shall be construed to permit the
relocason, construction, or installation of a Sign wiftvt the consent of the owner of the real
pro_ e;ty where it will be located. C13S and the Cly acknowledge goat CB -S taus the sole rsk of
finding, securing and n1aint37n1ng th,- sites for fes Amended Permi,.s, and t.1& its failwe to End
aid Se^11re suitablo. siv:z or to Wke advantage cf f,' a Ane7dzd P:.mll T c,',ts gantZd herein Sr1a.i
not give r1 -5c to fiiJy -lain fc; compensatlrr or occer zaiitf from L�-Z Cif j, and C.B 3 ezpracsly
F -'L.2656251 :3
Page 4 of32
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
waives any szoh daiW a izo ot.-i of suet& `alitve. CBS's Aimed Permit rights as provid8d
herein are not dependent Ln a-ty wey on its ability to 6nd or secure sites for tre Sigs subject to
the Amended Permits.
h. The City will not issue Amended Pernits under this paragraph more than
five (S) years afrer the Effec�ve Date of Ls Agreement,
5. Default.
a. CBS agrees to pay the City a liquidated penalty of $10,000 per day per
Sign for any Sip which it does not remove in accordance with the terms of this Agreement set
Forth herein, The Ciry shall not be entitled to rec.:ive tho per diem penalty set forth in this
paragraph until it has ❑oGfir_d CBS of each Sign it claims CBS has failed to rtmove and it has
pruvided CBS 30 days to cure any such failure. To sCcum its obligation to remove Signs under
this Agreement, CBS shall, on the later of the Effective Date of this Agreemcot, or 60 days from
CBS's receipt of the initial Amended Pmmits, 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 shah not be
released until the Termination of this Agreement.
• - I — - b:- -No later 1ha_n the Twenty -Fifth (25`� Anniversary of the Eff ctive Date,
CRS will deliver to the City a lis! of the four (4) double faced Signs and Sign si;-uctures and one
(1) single Faced Sip, a -id Sign Structures from those 0-1 or Special District Sips on Exhibit D
that CBS has removed under paragraph 3c(ii) of this Agreement. if Lhe City datermines, ager the
Twe=ty-Firth (25`b) Anniversary ofthe F iecdve Date, that CSS has cot removed four (4) double
faced Signs and Sign structures and one (1) single faced Siam and Sip Structures from those
listed on Exhibit D, the Ciry shall pmmotly noti,y CBS and CBS shalt have 30 days to cure. For
each day thersager during which CBS fails _o comply, tate City sha'l be, endt!ed to a Ii juidated
Fn_.,26552S):3
Page 10 of 32
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
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item PZ.6-on 04-08-10
Priscilla A. Thompson
City Clerk
rage i or z
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Unknown
` From: Davis, Linda A. [linda.davis@ruden.com] on behalf of Smith, Glenn [Glenn.Smith@ruden.com]
t Sent: Monday, May 18, 2009 2:39 PM
To: Bittner, Warren; Xiques, Veronica
Cc: david.posy @cbsoutdoor.com; Joe.Little@cbsoutdoor.com
Subject: City of Miami/CBS Settlement Agreement - Lummis Site
Dear Warren and Veronica:
' Attached hereto is a revised draft Indemnification for your review. I have also enclosed a blackline version.
Please review the changes and call me to discuss them as soon as possible. The appropriate CBS officials who
' would sign the Indemnification will be at the meeting with the Manager on Wednesday. Thus, we would like to
finalize the document at that time and get it signed.
' Please contact me if you have any questions.
Glenn
t Glenn N. Smith, Esq,
Ruden, McClosky, Smith, Schuster & Russell, P.A.
200 East Broward Boulevard (33301)
' Post Office Box 1900
Fort Lauderdale, Florida 33302
Direct Telephone: (954) 527-2466
Direct Fax: (954) 333-4066
' Cell: (954) 263-8657
E -Mail: Glenn. Smith(5)Ruden.ccm
Linda A. Davis ARuden
' Legal Secretary
McC1sky
200 East Broward Boulevard
' Suite 1500
Fort Lauderdale, FL 33301
Direct 954-761-2966 1 Fax 954-333-4166
linda.davis@ruden.com I www.ruden.com
NOTICE: This e-mail message and any y attachment to this e-mail message contains confidential
g
t information that may be legally privileged. If you are not the intended recipient, you must not review,
retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you
have received this e-mail in error, please notit, us immediately by return e-mail or by telephone at 954-
764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message
or is a reply to a prior message, some or all of the contents of this message or any attachments may not
have been produced by the sender.
1 I
III
11/10/2009
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
� I
INDENITiLFICATION
' THIS INDEMNIFICATION is made this day of , 2009, by CBS
OUTDOOR VqC., a Delaware corporation ("CBS") for the benefit of the CITY OF NHAINII, a
municipal corporation of the State of Florida ("City").
RECITALS:
WHEREAS, CBS owns and operates outdoor advertising signs (commonly known as
"billboards") in the City; and
i
WHEREAS, on or about July, 2008, CBS and the City entered into a Settlement
Agreement to resolve certain disputes relating to the CBS billboards; and
'
WHEREAS, pursuant to the Settlement Agreement, CBS has submitted to the City an
FDOT Application for outdoor advertising sign permit ("FDOT Application") for City approval
t
and signature, to allow CBS to obtain state permits to construct a billboard on the "Lummis Site"
(see Exhibit A); and
'
WHEREAS, should FDOT approve the FDOT Application, CBS intends to seek the
issuance by the City of an Initial Amended Permit and building permit under the Settlement
Agreement to allow CBS to construct abillboard on the Lumrnis Site; and
'
WHEREAS, Outlook Media of South Florida, LLC, a Florida limited liability company
("Outlook")-, CanPartners Realty, Inc. (owner of property located at 328-34 Flagler Street,
Miami, Florida; Folio #01-4137-036-0020) and its successors or assigns (collectively
'
"CanPartners") and, /or C]ear Channel Outdoor and its successors or ass. igz2 (collectively "Clear
Channel"1_ ay object to the approval by the City of CBS' FDOT Application for the Lummis
'
Site and to the issuance by the City to CBS of an Initial Amended Permit and a building permit to
construct a billboard on the Lummis Site; and
WHEREAS, CBS has agreed to execute and deliver this Indemnification to the City with
'
regard to certain matters described herein.
t
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, CBS hereby
agrees as follows:
'
1. Indemnity. CBS shall defend, indemnify and hold harmless the City, its officers,
agents and employees (collectively, the "Indemnified Party"), from and against any and all loss,
cost, expense, damage, claim, cause of action or liability, including (but not limited to)
reasonable attorneys' and paralegals' fees and costs through all trial, appellate and post -judgment
proceedings, resulting or arising from or in any way related to any claim made or cause of action
brought by &utleek ^r G^•^"^, -sae. -s against the Indemnified Party by Outlook. CapRartners. Clear
'ChannQ1.
or any ners= on or enter cl aiming to nwn nr cpntml a location that has priority of spacingo
over the Lummis Site�oyided that any such claim or cause of action is based upon the City's
'
I RM:5985141
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
'
Priscilla A. Thompson
City Clerk
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3. Venue, Attorneys' Fees. In the event of any litigation arising under or in any
manner related to this lnd��ficarion between CBS and the City hereto, venue for any such
litigation shall be in Miami -Dade County, Florida, The prevailing party in any such action shall
be entitled to recover its reasonable attorneys' fees incurred against the non -prevailing party in
such action or any appeals therefrom.
4. Entire Agreement. This writing constitutes the entire agreement and
understanding of CBS and the City in respect to the subject matter hereof.
5. Binding Effect. This Indemnification shall be binding upon and inure to the
benefit of CBS and the City and their respective successors andfor assigns,
6. Notices. Any notice, demand or communication. (any of the same, a 'Notice")
deemed given when
required or i-
1
eto be given hereunder shall be in writing and shall bl
RM:5985141 ;61.2
2 Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
V"
suits
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3. Venue, Attorneys' Fees. In the event of any litigation arising under or in any
manner related to this lnd��ficarion between CBS and the City hereto, venue for any such
litigation shall be in Miami -Dade County, Florida, The prevailing party in any such action shall
be entitled to recover its reasonable attorneys' fees incurred against the non -prevailing party in
such action or any appeals therefrom.
4. Entire Agreement. This writing constitutes the entire agreement and
understanding of CBS and the City in respect to the subject matter hereof.
5. Binding Effect. This Indemnification shall be binding upon and inure to the
benefit of CBS and the City and their respective successors andfor assigns,
6. Notices. Any notice, demand or communication. (any of the same, a 'Notice")
deemed given when
required or i-
1
eto be given hereunder shall be in writing and shall bl
RM:5985141 ;61.2
2 Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
11
(as elected by the sender of such Notice) either: (i) personally delivered, (ii) transmitted by
postage prepaid registered or certified mail, return receipt requested, (iii) transmitted by facsimile
(with postage prepaid mail confirmation) to the other as listed below, or (iv) delivered by a
nationally recognized overnight courier service, prepaid or billed to sender., in any case addressed
to the receiver at the addresses set forth below. The period, however, in which a response to a
notice must be given or taken shall run from the date of receipt by the addressee, Rejection,
refusal to accept delivery or inability to deliver due to changed address of which no notice has
been given shall be deemed receipt, Either CBS or the City may change its address for purposes
hereof by written notice given to the other.
If to CBS: CBS Outdoor, Inc.
405 Lexington Avenue
New York, NY 10174-0002
Attention- David Posy, Esq,
Telefax: (212) 297-6552
with a copy to: Ruden, McClosky, Smith, Schuster & Russell, P.A.
200 East 3roward Blvd.
Suite 1500
Fort Lauderdale, Florida 33301
Attention: Glenn NT, Smith, Esq.
Telefax: (954) 333-4066
If to the City: City of Miami
3500 Pan American Drive
Miami, Florida 33133
133
Attention: Pedro G. Hernandez, City Manager
Telephone: (305) 250-5300
with a copy to: City of -Miami
444 S.W. 2,,d Avenue
Suite 945
Miami, Florida 33133
313 3
Attention: Julie 0. Bru, Esq,, City Attorney
Telephone: (305) 416-1800
Facsimile: (305) 416-1801
RM:59851 4" :C -
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
7. Severability. If a court of competent jurisdiction shall determine that any
provision hereof is unenforceable, such finding shall not affect the enforceability of the
remainder of the provisions hereof.
RM:5985141 6,J.a
CBS OUTDOOR TNTC., a
Delaware corporation
BY
Name:
Title:
4 Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
Lummis Site
350 N.W. 2nd Street
Folio 9 01-0110-090-1070
RM:5985' 41 :4&j&
Submitted into the public
5 record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
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CanPartners
328-334 W. Fla ler Drive
Folio # 01-4137-036-0020
RM:5985141:612
11042-1111 1111111110
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City Cler
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Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
� 1�
INDEMNIFICATION
' THIS INDEMNIFICATION is made this day of 2009, by CBS
OUTDOOR INC., a Delaware corporation ("CBS") for the benefit of the CITY OF MIAMI, a
municipal corporation of the State of Florida ("City").
RECITALS:
WHEREAS, CBS owns and operates outdoor advertising signs (commonly known as
"billboards") in the City, and
' WHEREAS, on or about July, 2008, CBS and the City entered into a Settlement Agreement
to resolve certain disputes relating to the CBS billboards; and
' WHEREAS, pursuant to the Settlement Agreement, CBS has submitted to the City an FDOT
Application for outdoor advertising sign permit ("FDOT Application") for City approval and
1 signature, to allow CBS to obtain state permits to construct a billboard on the "Lummis Site" (see
Exhibit A); and
' WHEREAS, should FDOT approve the FDOT Application, CBS intends to seek the issuance
by the City of an Initial Amended Permit and building permit under the Settlement Agreement to
allow CBS to construct a billboard on the Lummis Site; and
1 WHEREAS, Outlook Media of South Florida, LLC, a Florida limited liability company
("Outlook"), CanPartners Realty, Inc. (owner of property located at 328-34 Flagler Street, Miami,
1 Florida; Folio #01-4137-036-0020) and its successors or assigns (collectively "Can -Partners") and/or
Clear Channel Outdoor and its successors or assigns (collectively "Clear Channel"), may object to
the approval by the City of CBS' FDOT Application for the Lummis Site and to the issuance by the
' City to CBS of an Initial Amended Permit and a building permit to construct a billboard on the
Lummis Site; and
1WHEREAS, CBS has agreed to execute and deliver this Indemnification to the City with
regard to certain matters described herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, CBS hereby agrees as
follows:
1. Indemnity. CBS shall defend, indemnify and hold harmless the City, its officers,
agents and employees (collectively, the "Indemnified Party"), from and against any and all loss, cost,
' expense, damage, claim, cause of action or liability, including (but not limited to) reasonable
attorneys' and paralegals' fees and costs through all trial, appellate and post -judgment proceedings,
' resulting or arising from or in any way related to any claim made or cause of action brought against
the Indemnified Parry by Outlook, CanPartners, Clear Channel or any person or entity claiming to
RM:5985141:10
' 1 Submitted into the public
record in connection with
' item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
0
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1111
Venue. Attomeys' Fees, In the event of any litigation arising under or in any manner
related to this Irdemnification between CBS and the City hereto, venue for any such litigation shall
be in Miami -Dade County, Florida. The prevailing party in any such action shall be entitled to
recover its reasonable attorneys' fees incurred against the non -prevailing party in such action or any
appeals therefrom.
4. Entire Agreement. This writing constitutes the entire agreement and understanding of
CBS and the City in respect to the subject matter hereof.
5. Binding Effect, This Indemnification shall bebindingupon and inure to the benefit of
CBS and the City and their respective successors and/or assigns.
6. Notices, Any notice, demand or communication (any of the same, a "Notice)
required or permitted to be given hereunder shall be in writing and shall be deemed given when (as
elected by the sender of such Notice) either: (1) personally delivered, (d) transmitted by postage
RM;5985141:1 0
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item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
own or control a location that has priority of spacing over the Lummis Site, provided that any such
claim or cause of action is based upon the City's approval and execution of a FDOT Application for
the Lummis Site submitted by CBS and the property owner, issuance of an Initial Amended Permit
for the Lummis Site to CBS Or issuance of a building permit to CBS for construction of a billboard
on the Lummis Site. CBS has agreed to issue this indemnity and to execute this Indemnification in
reliance upon the truth of representations by the City, that the City, its employees and agents have not
been made aware to date of any, and currently knows of no, possible claims concerning the Lummis
Site other than by Outlook, Canl? artners; and Clear Channel.
1 Defensive Action. Upon asserting a claim for indemnification pursuant to this
Indemnification, the Indemnified Party shall furnish CBS with a copy of any demand, inquiry and/or
claim received by the Indemnified Party which is covered by the foregoing indemnification within
seven (7) business days of receipt thereof. In such event, CBS shall control the defense of the
Indemnified Party, and the Indemnified Party shall allow CBS to cause counsel of CBS's choice,
reasonably acceptable to the Indemnified Party, to defend the Indemmifiod Party in connection with
any such demand, inquiry or claim and to respond on behalf of the Indemnified Party in connection
with any such demand, inquiry or claim, all at the sole cost and expense of CBS; provided that the
Indemnified Party, in such case may also participate in the defense of such claim, at its own cost,
using counsel of its own choosing and further provided that the counsel for CBS shall act as lead
counsel in defending the Indemnified Part), and shall make all final decisions as to said defense, with
consultation from the Indemnified Partv' s counsel. If the Indemnified Party desires to take over its
defense, it shall have the right to do so, but, in such event, CBS' obligations under this
Indemnification shall beterminated, CBS shall make its selection of counsel within five (5) days, of
receipt by CBS of a copy of the demand, inquiry or claim and such counsel may be Ruden,
McClosky, Smith, Schuster & Russell, P.A. ("Ruden"), notwithstanding that Ruden represents CBS
in various -matters. CBS shall have the right to settle or compromise the claim, provided that such
s I
settlement does not impose any liability or obligation on the Indemnified Party or, if such is not the
case, provided that such settlement is a -7) -proved by the Indemnified Party.
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1111
Venue. Attomeys' Fees, In the event of any litigation arising under or in any manner
related to this Irdemnification between CBS and the City hereto, venue for any such litigation shall
be in Miami -Dade County, Florida. The prevailing party in any such action shall be entitled to
recover its reasonable attorneys' fees incurred against the non -prevailing party in such action or any
appeals therefrom.
4. Entire Agreement. This writing constitutes the entire agreement and understanding of
CBS and the City in respect to the subject matter hereof.
5. Binding Effect, This Indemnification shall bebindingupon and inure to the benefit of
CBS and the City and their respective successors and/or assigns.
6. Notices, Any notice, demand or communication (any of the same, a "Notice)
required or permitted to be given hereunder shall be in writing and shall be deemed given when (as
elected by the sender of such Notice) either: (1) personally delivered, (d) transmitted by postage
RM;5985141:1 0
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item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
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prepaid registered or certified mail, return receipt requested, (iii) transmitted by facsimile (with
'
postage prepaid mail confirmation) to the other as listed below, or (iv) delivered by a nationally
recognized overnight courier service, prepaid or billed to sender, in any case addressed to the
'
receiver at the addresses set forth below. The period, however, m which a response to a notice must
tdelivery
be given or taken shall run from the date of receipt by the addressee. Rejection, refusal to accept
or inability to deliver due to changed address of which no notice has been given shall be
deemed receipt. Either CBS or the City may change its address for purposes hereofby written notice
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given to the other.
If to CBS: CBS Outdoor, Inc.
405 Lexington Avenue
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New York, NY 10174-0002
Attention: David Posy, Esq.
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Telefax: (212) 297-6552
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with a copy to: Ruden, McClosky, Smith, Schuster & Russell, P.A.
200 East Broward Blvd.
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Suite 1500
Fort Lauderdale, Florida 33301
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Attention: Glenn N. Smith, Esq.
Telefax: (954) 333-4066
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If to the City: City of Miami
3500 Pan American Drive
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Miami, Florida 33133
Attention: Pedro G. Hernandez, City Manager
Telephone: (305) 250-5300
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with a copy to: City of Miami
444 S.W. 2nd Avenue
Suite 945
Miami, Florida 33133
Attention: Julie O. Bru, Esq., City Attorney
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Telephone: (305) 416-1800
Facsimile: (305) 416-1801
RM:5985141:10
9
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
7. Severability. If a court of competent jurisdiction shall determine that any provision
hereof is unenforceable, such finding shall not affect the enforceability of the remainder of the
provisions hereof.
UkS985141:10
CBS OUTDOOR INC., a
Delaware corporation
By:
Name:
Title:
4 Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
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RM:59852 41 :10
U]
LII lis Site
350 N,W. 2"d Street
Folio# 01-0110-090-1070
M
Submitted into the public
rec.*r4 ir, ovi-q-nectiitm with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk
1
' CanPartners
328-334 W. Flagler Drive
Folio # 01-4137-036-0020
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RM:5485141 :10
EXHIBIT B
0
Submitted into the public
record in connection with
item PZ.6 on 04-08-10
Priscilla A. Thompson
City Clerk