HomeMy WebLinkAboutR-08-0258City of Miami
Legislation
Resolution: R-08-0258
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00431 Final Action Date: 5/8/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DISMISSAL OF THE PROCEEDINGS PENDING BEFORE THE CITY
OF MIAMI CODE ENFORCEMENT BOARD (HALCO HOLDINGS, LLC, CEB CASE
NO. 2007-000254); APPROVING A SETTLEMENT AGREEMENT BETWEEN THE
CITY OF MIAMI 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) ("CBS") ARISING FROM THE HALCO HOLDINGS,
LLC PROCEEDINGS REGARDING OUTDOOR ADVERTISING STRUCTURES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL
NECESSARY DOCUMENTS, INCLUDING DOCUMENTS RELATED TO LICENSE
AGREEMENTS AND DETERMINATION OF SIGN LOCATIONS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the City of Miami ("City") instituted code enforcement proceedings against Halco
Holdings, LLC ("Halco") in 2007 over the status, location and appearance of an outdoor advertising
structure ("Sign") located on its property; and
WHEREAS, CBS Outdoor, Inc. ("CBS") actually owns and/or operates the Sign located on
Halco's property; and
WHEREAS, in the proceedings against Halco, the City sought to enforce zoning regulations
applicable to CBS's Sign located on the Halco Property within the City; and
WHEREAS, CBS owns and/or operates several other Signs within the City and is in doubts as
to its rights and responsibilities as related to such Signs due to the City's zoning ordinances, which
could lead to future litigation; and
WHEREAS, the City and CBS seek to settle all issues regarding CBS's Signs located within
the City; and
WHEREAS, Section 10.4.5 of the Code of the City of Miami, Florida, as amended, authorizes
the issuance of permits for Signs in conjunction with the settlement of related litigation; and
WHEREAS, the City Commission wishes to authorize the City Manager to execute the
attached Settlement Agreement and all necessary documents in a form acceptable to the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami
Page 1 of 2 File Id: 08-00431 (Version: 11 Printed On: 5/3/2017
File Number: 08-00431 Enactment Number: R-08-0258
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Settlement Agreement, in
substantially the attached form, related to the code enforcement board case, HALCO HOLDINGS,
LLC, CEB Case No. 2007-000254, settling all claims with CBS, and execute all necessary
documents, including but not limited to license agreements for City -owned property, in a form
acceptable to the City Attorney.
Section 3. The City Manager is authorized{1} to select the locations of the Signs allowed by
the seven (7) Initial Amended Permits, as defined in the Settlement Agreement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City.
City of Miami Page 2 of 2 File Id: 08-00431 (Version: 11 Printed On: 5/3/2017