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HomeMy WebLinkAboutStipulation Disposition-notice of ViolationSUBMITTED INTO THE PUBLIC RECORD FOR ITEMic.4 ON has-w. fi4 inicire•00350 STIPULATED DISPOSITION OF NOTICES OF VIOLATION The City of Miami ("City") and the Owners of certain properties therein, as named below, (the "Owners") wish to enter into the following plea of guilt and disposition of Code Enforcement Notices of Violation (the "Stipulation"), through their respective attorneys indicated below: CASE OWNER ADDRESS REPRESENTING NO. ATTORNEY 05-12727 1040 Biscayne Associates, LLC. 1040 Biscayne Blvd. Lucia A. Dougherty 05-06340 Brookwood Biscayne Tower Investment, LLC. 100 Biscayne Blvd. Lucia A. Dougherty 05-06370 200 SE First Land, LLC. 200 SE 1st Street Lucia A. Dougherty 05-08645 Borinquen Health Care Center, Inc. 3601 Federal Highway Daniel Weiss 05-06289 WSMP MW-East, LP. 640 SW 2ad Avenue Daniel Weiss 05-06275 Julio de Quesada Living Trust 7105 SW 8 Street Daniel Weiss 05-06539 Gallo Development, LLC. 2590 S. Dixie Highway Daniel Weiss , 05-06377 Eastern Union Corporation 111 SW 3`° Street David Koretzky 05-08649 1035 N Miami Ave LLC 1035 N Miami Ave Daniel Weiss 1. The Notice(s) of Violation ("NOV") and Summons to Appear were issued to the Owners alleging a violation of Zoning Ordinance 11000, as amended, Article 10, §10.4.5, §10.5.4.(1)-(6), and §10.6.3(l)-(25) relating to illegally erected, placed, or mounted outdoor advertising signs; and Submitted Into the public record in connecti.n th item 1? E. 4 on 3 a 3 ari Priscilla A. Thompson City Clerk 2. The City passed on first reading a proposed "Arts and Entertainment Mural Regulations" Ordinance (the "Ordinance"); and 3. The City contemplates changes to said Ordinance by amendment, which has not been reviewed by the Planning Advisory Board nor adopted by the City Commission; and 4. some of the attached NOV's and Summons may be rendered moot by the adoption of the proposed Ordinance. However, via the owners' plea of guilt today, this possibility will not invalidate or rescind this stipulation, in any way, and all monies paid to the City via this stipulation shall remain with the City; and 5. It is recognized by the Owners that the new Ordinance may not permit some of the signs for which the NOV's have been issued. The City cannot, in any way, contemplate or ensure that said Ordinance will actually benefit all the participating owners in this Stipulation. 6. By entering into this Stipulation, the Parties agree that said Stipulation will not prejudice or affect, in any way, future applications by the Owners or their respective sign companies for signs permitted by the proposed Ordinance. 7. Upon execution of this Stipulation, the Owners agree to pay a fine of $250.00 per day (the "Fine") per property from the date of the Code Enforcement Hearing approving this Stipulation until such time as the City Commission considers the proposed Ordinance or decides that it shall not pass. 8. So long as this Stipulation remains in effect, such Fine shall be due and payable to the Office of Code Enforcement on the 1st day of each month beginning June 1, 2005. The first monthly payment will include the prorated amount of $250.00 per day from the date of the Code Enforcement Hearing on May 23, 2005 to the first payment date of June 1, 2005. If payment is not received by the Office of Code Enforcement by the 156 day of each month thereafter, the City may place the case before the Special Master for further consideration of the matter and enforcement of this Stipulation. 9. In consideration for the benefits derived by the Owners, which the City of Miami acknowledges constitutes good and sufficient consideration, the City agrees that it will not issue any additional Notices of Violation against the Owners under Article 10 or under any other provision of the City Code relating to illegal placement of signage until such time as the City Commission considers the new Ordinance. 10. This Stipulation may be modified or amended or released as to the Property or any portion thereof by a written instrument executed by the City Attorney or his designee and the Owners. 11. This Stipulation shall remain in full force and effect and be binding upon the Owners and their respective heirs, successors and assigns. Submitted Into the public record in co necti n ith item Re• Lon 3 0t. Priscilla A. Tho pson City Clerk 12. This Stipulation is made exclusively in favor of the Owners and the City. No parties other than the Owners and the City shall be entitled to any benefit hereunder or to enforce the terms hereto. 13. This Stipulation shall automatically terminate upon the consideration of passage or denial of the new Mural Ordinance, and in no way reflects the intention of the City to create an Ordinance that benefits these owners exclusively, as the final provisions of this Ordinance have not been fully contemplated. 14. This Stipulation shall be interpreted and enforced by the Special Master. 15. This Stipulation is between the owners and the City and in no way reflects any agreement with Miami Dade County as to the enforcement of its sign regulations. IN WITNESS WHEREOF, the parties and/or their designated representatives have hereunto placed their hands and seals on the date above written. Daniel Weiss, Esq. Lucia A. Dougherty, Esq. David Koretzky, Esq. Victoria Mendez, Assistant City Attorney City of Miami