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HomeMy WebLinkAboutMemorandum from Barnaby L. MinCITY OF MIAMI, FLORIDA 110 OCT 04 Htt11:0 } INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : Barnaby In Zoning A inistrator Office of Zoning DATE: SUBJECT: REFERENCES: ENCLOSURES: October 1, 2010 FILE : Appeal of Zoning Interpretation 09-01464za The above referenced planning and zoning matter is currently scheduled for a hearing on October 28, 2010. As back-up materials for the hearing, the following is being submitted for the City Commission's consideration: 1. Legal Opinion from the Office of the City Attorney dated January 21, 2010 indicating that Outlook Media of South Florida ("Outlook") does not have standing to appeal the Zoning Interpretation currently being considered by the City Commission. 2. Six (6) applications for outdoor advertising sign permits submitted by Carter Pritchett Advertising ("Carter")._ ._ 3. Section 10.4.5 of Zoning Ordinance 11000 indicating that "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 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." 4. A Resolution of the Miami City Commission indicating that the only companies with settlement agreements with the City of Miami ("City") include Carter; Clear Channel Outdoor, Inc., d/b/a Clear Channel Outdoor; and CBS Outdoor, Inc. 5. A copy of the Settlement Agreement between Carter and the City dated August 18,,2003. 6. An Electronic Mail dated December 16, 2009 resulting in the pending appeal. 7. A letter from Carol Licko on behalf of Carterdated January 7, 2010 indicating that any previous relationship and agreement with Outlook has terminated. 8. An electronic mail dated February 4, 2010 from Herminio San Roman on behalf of Carter indicating that Outlook does not have authority to act on behalf of Carter. CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Lourdes Slazyk, Zoning Administrator FROM: Rafael Suarez -Rivas, Assistant City Attorney �j DATE: January 21, 2010 7t�� RE: Zoning Appeal Interpretation -Aggrieved party. Matter ID No. 09-4212 You have requested an informal legal opinion on substantially the following issue: QUESTION Whether Outlook Media of South Florida ("Outlook") of South Florida has standing to appeal to the Zoning Board as an "aggrieved party" regarding outdoor advertising forms submitted September 25, 2009? For reasons set forth below, your question is answered in the negative. DISCUSSION Article 18, § 1800 of the City of Miami Zoning Ordinance addresses who may and under what circumstances there can be an appeal to the zoning board. The aforementioned section states: Appeals to the zoning board may be taken by any person aggrieved or by any officer, board, or agency of the city affected by: (1) Any decision of the zoning administrator including, but not limited to, decisions involving interpretation of this zoning ordinance and decisions on Class I Special Permits; or (2) Any decision of the director of the department of planning, building and zoning including, but not limited to, decisions involving Class II Special Penults. An aggrieved or adversely affected person having standing to sue is a person who has a legally recognizable interest which is or will be affected by the action of the zoning authority in question.' The question whether Outlook is an aggrieved party is contingent upon the determination of whether it has a legally recognizable interest. See Brynwood Condominium, Inc. v. Harbour Club Villas Condominium Ass'n 436 So. 2d 1080 (Fla. 3rd DCA 1983); see also Renard v. Dade County, 26] So. 2d 882 0 972). J Lourdes Slazyk, Zoning Administrator Matter No. 09-4212 January 22, 2010 Page - 2 - The necessary quality of a party's "standing" to challenge a zoning authority depends upon the reason why the challenge is being made.2 "If the attack is on the reasonableness of the zoning board's action, with the concomitant burden to show such action was arbitrary and not fairly debatable, then the challenging party must establish some special or additional damage to his property caused by the variance or ordinance."3 Outlook has filed this appeal pursuant to "an agreement with Carter Outdoor ("Carter") for the placement of outdoor advertising signs in the City of Miami" and claims to have standing in accordance to Article 18, § 1800 referenced above. The issue that arises is that the Settlement Agreement that Carter had with the City of Miami created a contractual relationship between only these two parties. • Carter's rights pursuant to the Settlement Agreement are only assignable with the consent of the City Commission. This consent was not given. Specifically, section 17(f) of the settlement agreement between Carter and the City of Miami addresses the binding nature of the Agreement between only these two parties. "This agreement will be binding upon and will inure to the benefit of any successor or permitted assigns of the parties hereto. Carter agrees not to transfer or convey any ownership in any Carter Sign identified in Exhibits A through C unless the transferee shall execute and deliver to the City an agreement to be bound by the terms and conditions of this Agreement. " The supposed transferee, Outlook, never executed or. delivered an agreement with the City of Miami to be bound by the Settlement Agreement that the City of Miami had with Carter.. Even if Outlook had contractual rights under the Settlement Agreement dated August 18, 2003, its rights to maintain and repair its signs under the terms of the Agreement expired on December 31, 2008. Therefore, for Outlook to have standing to contest the action of the zoning administrator pursuant to a Settlement Agreement with the City Commission, the terms of the Settlement Agreement must still be in effect and not expired. Section 10.4.5 of City of Miami Zoning Ordinance addresses permits for outdoor advertising signs from the City Commission: 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 advertising signs, and then only under the terms and conditions of settlement agreements that result in a net reduction in 2 See Skaggs-Albertson's v. ABC Liquors, Inc., 363 So. 2d 1082 (F1a.1978). 3 See generally Albright v. Hensley, 492 So. 2d 852 (Fla. 5th DCA 1986) citing to Citizens Growth Management Coalition of West Palm Beach, Inc. v. City of West Palm Beach, Inc., 450 So. 2d 204 (F1a.1984) 209688 Lourdes Slazyk, Zoning Administrator Matter No. 09-4212 January 22, 2010 Page - 3 - the party to the settlement's number of outdoor advertising signs located in the City of Miami. Finally, the notice of appeal sent from Ms. Amanda Quirke to Mr. Anel Rodriguez is rather disingenuous. The focus of the appeal is on Carter's entitlement to permits pursuant to the City of Miami Zoning Ordinance and the aforementioned Settlement Agreement with the City Commission. Despite a footnote on the first page, the appeal does not address Outlook's purported standing to file the appeal nor does it address whether Carter has authorized Outlook to act on its behalf. In fact, the City of Miami has letters on file from Carter stating that it has not authorized Outlook to act on their behalf. CONCLUSION In summation, for the reasons discussed above, Outlook does not have the requisite legal interest or assigned rights approved by the City Commission to be an aggrieved party in this context. Prepared by: Daniel Levin, Legal Intern 209688 RULE 14-10.004, F.A.C. FLORIDA DEPARTMENT OF TRANSPORTATION RE: Application for outdoor advertising sign permit To be completed by applicant: Name of Applicant or Company: s,¢ttTdi ,�c/4d t/e..v77si Sign is: ❑ existing proposed / County: ,)/�i!/ Municipality, if applicable: t��,7y Highway Name & Number: —7- Sign location description: .41)/ /L%(i(% Le 4{,Ae Parcel ID#: 0/ 3/a5 - D�5- /)AiD To be completed by appropriate zoning official: Designation of parcel on the Future Land Use Map: 575-070-04 RIGHT OF WAY OGC - 08/09 Current zoning of parcel (from Land Development Regulations): Copies of the applicable pages from the land use documents showing all allowable uses under the designations listed above must be submitted with this application. Is location within city limits: 0 Yes 0 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: Telephone #: 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 county/municipality named above: Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit apnlication by the Department. Local Government Permission: Please complete the items below. You may submit another form of written statement indicating that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the building permit issued by the local government may be submitted. The outdoor advertising sign identified in this application: Ds in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits. Pis not in compliance with local ordinances, but is legally existing as a non -conforming sign. ❑Is not in compliance with local ordinances and is/would be considered to be an illegally maintained structure. I certify that I represent the governmental entity within whose jurisdiction the sign described herein is located and that the determination reflected in this section is made under my delegated authority. • Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. RULE,14-10.004,F.A.C. FLORIDA DEPARTMENT OF TRANSPORTATION RE: Application for outdoor advertising sign permit To be completed by applicant: Name of Applicant or Company: ( ¢ 4, %c 4 gG,e 11)S/ n Sign is: ❑ existing [ proposed J County: 4/10? / Q, 2zE Municipality, if applicable: 64 / 772'4..,, % Highway Name & Number: -7- - `lS Sign location description: 3.2r— 3 (,/ J r S75-. �l Parcel ID#: 0/-- 4"/37 - 034 - 00,20 To be completed by appropriate zoning official: Designation of parcel on the Future Land Use Map: 575-070-04 RIGHT OF WAY OGC - 08/09 Current zoning of parcel (from Land Development Regulations): Copies of the applicable pages from the land use documents showing all allowable uses under the designations listed above must be submitted with this application. Is location within city limits: ❑ Yes .❑ No If yes, name of city: Please provide the name and telephone number of the person the Department may contact if additional information is required: Name: Telephone #: 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 county/municipality named above: Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. Local Government Permission: Please complete the items below. You may submit another form of written statement indicating that the sign complies with all local govemmental requirements. For a proposed sign location, a copy of the. building permit issued by the local government may be submitted. The outdoor advertising sign identified in this application: Ells in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits. Els not in compliance with local ordinances, but is legally existing as a non -conforming sign. ❑ls not in compliance with local ordinances and is/would be considered to be an illegally maintained structure. I certify that I represent the governmental entity within whose jurisdiction the sign described herein is located and that the determination reflected in this section is made under my delegated authority. Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. RULE 14-1r. !, F.A.t; RE: FLORIDA DEPARTMENT OF TRANSPORTATION Application for outdoor advertising sign permit 4 To be completed by applicant: ((�� Name of Applicant or Company: Cp ETek. eff 4k m'\S t t,iti Sign is: ❑ existing 21 proposed County: )">1 I 4M11 bA-4)e_ Municipality, if applicable: C‘4 y' I Yr1 f 1 Highway Name & Number: . -4,5 Sign location description: 337 5 - 1 Parcel ID#: O/ Ob?o.5 —at —//3/ 575-070-04 RIGHT OF WAY OGC - 08/09 To be completed by appropriate zoning official: Designation of parcel on the Future Land Use Map: Current zoning of parcel (from Land Development Regulations): Copies of the applicable pages from the land use documents showing all allowable uses under the designations listed above must be submitted with this application. Is location within city limits: ❑ Yes ❑ No If yes, narne of city: Please provide the name and telephone number of the person the Department may contact if additional information is required: Name: Telephone #: 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 county/municipality named above: Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. Local Government Permission: Please complete the items below. You may submit another form of written statement indicating that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the building permit issued by the local government may be submitted. The outdoor advertising sign identified in this application: ❑Is in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits. Ds not in compliance with local ordinances, but is legally existing as a non -conforming sign. ❑Is not in compliance with local ordinances and is/would be considered to be an illegally maintained structure. I certify that I represent the governmental entity within whose jurisdiction the sign described herein is located and that the determination reflected in this section is made under my delegated authority. Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the. Department. RULE 1.4-10.004, F.A.C. FLORIDA DEPARTMENT OF TRANSPORTATION RE: Application for outdoor advertising sign permit To be completed by applicant: Name of Applicant or Company: e/- TeJ2 4,TEJ. 4I jPly Sign is: ❑ existing gj proposed County: /?%/ATh 1 ,A e-- Municipality, if applicable: Highway Name & Number: Sign location description: Mit) z 3 5 f Parcel ID#: D/— 3/.25-- 123.5 2 b o To be completed by appropriate zoning official: Designation of parcel on the Future Land Use Map: 575-070-04 RIGHT OF WAY OGC - 08t09 Current zoning of parcel (from Land Development Regulations): Copies of the applicable pages from the land use documents showing all allowable uses under the designations listed above must be submitted with this application. Is location within city limits: ❑ Yes ❑ No If yes, name of city: Please provide the name and telephone number of the person the Department may contact if additional information is required: Name: Telephone #: 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 county/municipality named above:. Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. Locat Government Permission: Please complete the items below. You may submit another form of written statement indicating that the sign complies with all local governmental requirements. For a. proposed sign location, a copy of the building permit issued by the local government may be submitted. The outdoor advertising sign identified in this application: Ells in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits. ❑Is not in compliance with local ordinances, but is legally existing as a nori-conforming sign. Ells not in compliance with local ordinances and is/would be considered to be an illegally maintained structure. I certify that I represent the governmental entity within whose jurisdiction the sign described herein is located and that the determination reflected in this section is made under my delegated authority. Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. RULE 14-10.004, F.A.C. FLORIDA DEPARTMENT OF TRANSPORTATION RE: Application for outdoor advertising sign permit To be completed by applicant: '! �/ Name of Applicant or Company: • eAR-7-„ t • /%c�1e 7T Aggi SI h y Sign is: 0 existing [ proposed County: /y/ii7✓2l L,96i Municipality, if applicable: Highway Name & Number: .S'-(S Sign location description: 570 MA) % 7 ST- Parcel ID#: i9!— 3 //3 —Gb75 — OU41/ 2,4 To be completed by appropriate zoning official: Designation of parcel on the Future Land Use Map: 575-070-04 RIGHT OF WAY OGC - 08/09 Current zoning of parcel (from Land Development Regulations): Copies of the applicable pages from the land use documents showing all allowable uses under the designations listed above must be submitted with this application. Is location within city limits: ❑ Yes ❑ No If yes, name of city: Please provide the name and telephone number of the person the Department may contact if additional information is required: Name: Telephone #: 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 county/municipality named above: Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. Local Government Permission: Please complete the items below. You may submit another form of written statement indicating that the sign complies with all local governmental requirements. Fora proposed sign location, a copy of the building permit issued by the local government may be submitted. The outdoor advertising sign identified in this application: Ells in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits. Els not in compliance with local ordinances, but is legally existing as a non -conforming sign. ❑Is not in compliance with local ordinances and is/would be considered to be an illegally maintained structure. I certify that I represent the governmental entity within whose jurisdiction the sign described herein is located and that the determination reflected in this section is made under my delegated authority. Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. RULE ?4-10.004, F.A.C. FLORIDA DEPARTMENT OF TRANSPORTATION j RE: Application for outdoor advertising sign permit To be completed by applicant: Name of Applicant or Company: • Sign is: ❑ existing County: ./ /'9l-P'1/ Dec C/% A,*,h6t} fi /�CG(ie/5/hG El proposed Municipality, if applicable: Highway Name & Number: ?. Sign location description: `/2q/ Nt c)1 4-i.e. Parcel ID#: '/— 3/-14-1 -Oo3-Jilt/O To be completed by appropriate zoning official: Designation of parcel on the Future Land Use Map: 575-070-04 RIGHT OF WAY OGC - 08/09 Current zoning of parcel (from Land Development Regulations): Copies of the applicable pages from the and use documents showing all allowable uses under the designations listed above must be submitted with this application. Is location within city limits: ❑ Yes ❑ No If yes, name of city: Please provide the name and telephone number of the person the Department may contact if additional information is required: Name: Telephone #: 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 ofthe county/municipality named above: Signature of Local Government Official Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. Local Government Permission: Please complete the items below. You may submit another form of written statement indicating that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the building permit issued by the local government may be submitted. The outdoor advertising sign identified in this application: Ells in compliance with at duly adopted local ordinances and has been or will be issued the necessary permits. Ells not in compliance with local ordinances, but is legally existing as a non -conforming sign. ❑Is not in compliance with local ordinances and is/would be considered to be an illegally maintained structure. I certify that I represent the governmental entity within whose jurisdiction the sign described herein is located and that the determination reflected in this section is made under my delegated authority. Signature of Local Government Official Date Printed Name and -Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. § 10.4 MIAMI, FLORIDA products or .businesses ae 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 thesale 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 Supp. No. 18 416 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. Supp. No. 18 416.1 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-01061 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS INTENTION TO PARTICIPATE IN A PILOT PROGRAM ALLOWING 1,000 FOOT SPACING OF OUTDOOR ADVERTISING SIGNS ALONG EXPRESSWAYS IN THE CITY OF MIAMI ("CITY"), SUBJECT TO CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THE CITY'S INTENTION TO PARTICIPATE IN SUCH PILOT PROGRAM. WHEREAS, Section 10.4.5 of the Miami Zoning Ordinance prohibits new freestanding "Outdoor advertising signs" as defined therein, except for Outdoor advertising signs permitted pursuant to a Settlement Agreement that results in a net reduction in the number of Outdoor advertising signs located in the City of Miami (hereinafter a "qualified settlement agreement"); and WHEREAS, by separate Resolutions, the City Commission has authorized the City Manager on behalf of the City of Miami ("City") to enter into qualified settlement agreements with the following sign owners: Carter Pritchett Hodges, Inc, d/b/a Carter Outdoor Advertising, Inc. ("Carter"), Clear Channel Outdoor, Inc., d/b/a Clear Channel Outdoor ("Clear Channel"), and CBS Outdoor, Inc. (hereinafter "CBS"); and WHEREAS, at the time the qualified settlement agreements were approved by the City Commission, Section 479.07(9)(a), F.S. (2008), required new Outdoor advertising signs to be located at least one thousand five hundred feet from any other permitted sign on the same side of an interstate highway (hereinafter "1,500 foot spacing"); and WHEREAS, by House Bill 1021, the Florida Legislature recently amended s. 479.07(9)(c), F.S., in the 2009 Legislative Session, to include the City within a pilot program permitting new Outdoor advertising signs on an interstate highway to be located within one thousand feet from any other permitted sign on the same side of the interstate highway (hereinafter "1,000 foot spacing"), under certain enumerated conditions, to wit: (c) Notwithstanding subparagraph (a)(1), there is established a pilot program in Orange, Hillsborough, and Osceola Counties, and within the boundaries of the City of Miami, under which the distance between permitted signs on the same side of ..an interstate highway may be reduced to 1,000 feet if all other requirements of this chapter are met and if: 1. The local government has adopted a plan, program, resolution, ordinance, or other policy encouraging the voluntary removal of signs in a downtown, historic, redevelopment, infill, or other designated area which also provides for a new or replacement sign to be erected on an interstate highway within that jurisdiction if a sign in the designated area is removed; Ctty of Miami Page 1 of 3 Printed On: 9/16/2009 File Number:. 09-01061 2. The sign owner and the local government mutually agree to the terms of the removal and replacement; and 3. The local government notifies the department of its intention to allow such removal and replacement as agreed upon pursuant to subparagraph 2. and; WHEREAS, the City Commission deems it in the best interest of the City to participate in the pilot program authorized by s. 479.07(9)(c), F.S. (2009), which would permit 1,000 foot spacing for Outdoor advertising signs under the guidelines provided in this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, 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, Pursuant to s. 479.07(9)(0)(2), F.S. (2009), the City hereby adopts a pilot program, encouraging the voluntary removal of signs within the boundaries of the City, which provides, subject to the conditions stated below, for a new or replacement sign to be erected on an interstate highway,' with 1,000 foot spacing, if other Outdoor advertising signs within the boundaries of the City are removed. Section 3. Any sign owner seeking permission to erect an Outdoor advertising sign with 1,000 foot spacing under this pilot program shall meet the following conditions: (a) The sign owner must have a qualified settlement agreement with the City; (b) Any application for a new sign under the pilot program must be in accordance with all terms and conditions of the qualified settlement agreement, unless otherwise specified in these conditions; (c) In no event may an application for a new sign under the pilot program exceed the limitation on the number of signs otherwise permitted under the qualified settlement agreement; (d) The duration of the pilot program will not exceed the term of the qualified settlement agreement; (e) No LED Sign may be erected with 1,000 foot spacing unless allowed by an amendment to the sign owner's qualified settlement agreement pursuant to applicable provisions of the Miami Zoning Ordinance; (f) Sign owners must specify in advance of applying for a 1,000 foot spacing application the locations of the signs proposed to be removed or already removed; (g) Sign owners may not be delinquent on any financial obligation to the City as per their qualified settlement agreement. City of Miami Page 2 of 3 Printed On: 9/16/2009 J File Number: 09-01061 (h) All Outdoor advertising signs erected with 1,000 foot spacing shall be designed with aluminum plating (example attached) or be subject to design review per Manager's designee or designees. Section 4. Should s. 479.07(9)(c), F.S. (2009) be repealed by the Florida Legislature, this pilot program shall automatically expire. Section 5. The City Manager is authorized {1 } to notify the Florida Department of Transportation of the City's intention to allow removal of and replacement of Outdoor advertising signs under 1,000 foot spacing as provided in this Resolution. Section 6, This Resolution shall become effective immediately upon its adoption and signature of the Mayor.(2) APPROVED AS TO FORM AND CORRECTNESS: JULIE 0: BRU M� CITY ATTORNEY 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 Commission. City of Miami Page 3 of 3 Printed On: 9/16/2009 SETTLEMENT AGREEMENT AyfNs� This Settlement Agreement is made and entered into this ) day of d �Ct JJe 2003, by and between the City of Miami (the "City"), a Florida municipality, and Carter Pritchett Hodges, inc., dfb/a Carter Outdoor Advertising, Inc. ("Carter"), a Florida corporation. 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 also prohibited Signs in certain zoning districts. B, As of April 200I, Carter owned 20 Signs in the City. Since April 2001, disputes have arisen between Carter and the City regarding the legality of City ordinances regulating Signs, the applicability of certain City ordinances to Signs owned by Carter, 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 nowpending in the Appellate Division of the 1 l `h Circuit Court in and for Miami -Dade County: Mary E. Bolton, Vicnel. Inc. & Carter Outdoor Advertising. Inc. v. City of Miami, Appellate Case No. 02-302-AP. C. The City and Carter desire to resolve all such disputes and the pending litigation between them in this Settlement Agreement ("Agreement"): 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 are hereby acknowledged, the City and Carter agree as follows: AGREEMENT 1. Incornoretion of Recitals. The above recitals are true and correct, and are incorporated into and made part of this Agreement. 2. Si art lnventory and Removal of Sins. Carter owns all Signs listed on Exhibits A through C, and there are no other Signs within the City that are currently owned by Carter or any other of its subsidiaries or affiliated corporations or entities. Caner represents that (a) the information set forth in the attached Exhibits A through C accurately describe all of Carter's inventory of Signs within the City; and (b) Exhibits A through C identify each Carter Sign within a C-1 or more restrictive district of the City. Carter has already voluntarily removed a total of two Signs. The City of lvliami will issue any permits or approvals which may be required so that Carter can remove or relocate the Signs described herein: a. Set forth on attached Exhibit A is a list of Signs that Carter has already voluntarily removed. b. Set forth on attached Exhibit B is a list of all Carter Signs located in a C-1 district. Carter will remove all Signs listed on Exhibit B no later than December 31, 2023, provided the City takes no action to compel either the removal of such Signs or their, compliance with City ordinances prior to the voluntary removal deadline set forth herein. With respect to each of the Signs and Sign faces listed on Exhibit B, Carter 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 and XIV of the United States Constitution; or any other authority under state or federal law. Upon payment of a S20,000 per Sign relocation fee, the City will permit Carter to relocate any Sign structure listed on Exhibit B that is voluntarily relocated no later than December 31, 2008 to an allowed geob aphical location within a C-2: or less restrictive district. 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 -9- 1 the real property where it will be located. Carter and the City acknowledge that Carter bears the sole risk of finding, securing and maintain the sites for its Signs, including .any relocated Signs, and that its failure to find and secure suitable sites or to take advantage of the relocation right granted herein by December 3], 2008 shall not give rise to any claim for compensation or other relief from the City, and Carter expressly waives any such claim. Carter's obligation to remove its Signs as provided herein is not dependent in any way on its ability to find or secure sites for relocated Signs. c. Carter has no roof top Signs located within the City limits. d. Carter hereby expressly agrees that it will pay the City a liquidated penalty of S10,000 per day per Sign for any Sign it does not remove in accordance with the terns set forth herein. To secure its performance of these obligations, Carter shall, on December 31, 2022, post a performance bond equal to the total value of each Sign listed on Exhibit B that still remains in a C-1 district. 1n the event Carier fails to perform its obligations under this Agreement, the City shall be entitled to the remedies of specific perfoin,iance and injunctive relief. e. Nothing contained in this Paragraph 2. shall prevent the City from reasonably enforcing its police powers and safety regulations. 3. Status of Remaining Signs. Listed on Exhibit C are all of Carter's Signs that will remain in the City of Miami following the removal of the Signs listed on Exhibits A and B. Unless prohibited by law, the City of Miami shall allow these Signs to remain in their existing locations subject to the payment of annual permit renewal fees as set forth below: a. Carter has provided the City with copies of all permits in its possession for the Signs that are listed in Exhibits B and C. Thereafter, the City will provide to Carter copies of permits in its possession for all other Signs listed on Exhibits B and C. The City will issue replacement permits for any Signs for which neither the City nor Carter is able to locate a copy of the original City permit, For each such replacement permit issued, Carter will pay the City of Miami a peiniit replacement fee of S5,000.00. Carter has three missing permits representing S15,000.00 in replacement fees, due upon the effective date of this Agreement. Any replacement permit for Signs listed on Exhibits B and C shall be specifically limited to the terms set forth above. Upon completion of the exchange of permits and the issuance of replacement permits, the City of Miami shall not require Carter to obtain any further permits or approvals from the City for any of its Signs listed on Exhibits B and.0 other than the renewal fees specified herein; provided however, nothing herein shall exempt Carter from its obligation to obtain required permits to repair its Signs. b. Some of the Signs listed on Exhibits ]3 and C do not conform with current City ordinances that regulate the height, distance requirements,. or. orientation of Signs,. ,1n the future, the City may adopt additional ordinances regulating Signs. As of the effective date of this Agreement, all Signs listed in Exhibits B and C shall have the legal status designated in Exhibits B and C. The City will permit any Signs listed on Exhibits B and C to obtain variances at no additional costs relating to height, orientation and distance so that they may remain as nonconforming uses or ,nonconforming characteristics of use for the terms specified above, provided that such Signs comply with all other regulations regarding Signs including applicable landscaping requirements. Nothing herein shall prevent the City.from reasonably enforcing its police powers and safety regulations. Carter's rights to maintain and repair its Signs under the terrns of this Agreement shall expire and terminate on December 31, 2028. Any City Sign law promulgated priorto this date shall not be applied retroactively to Carter, _d_ 4. Required Pavrnent. Carter will, within 10 days following the effective date of this Agreement, pay the amount of money necessary to: (a) satisfy existing fines, (b) satisfy and extinguish any existing liens on properties that have been imposed as a result of enforcement proceedings against Carter's Signs, (c) satisfy any and all fees, permitting and renewal, from January 1, 2000 to the effective date of this Agreement; and (d) reimburse the City for all expenses incurred as a result of the City's enforcement proceedings against Carter's Signs (the "Payment"). The Payment required of Carter pursuant to this Paragraph shall be S350,000, 5. Permit Renewal Fees. In addition to the payment of any one-time permit replacement fees, Carter shall pay the City annual permit renewal fees as follows: a. For the Signs listed on Exhibits B and C, Canter will, annually, pay the City annual renewal fee of $1,500 per Sign structure, beginning one year from the effective date .of thi s_Agreement. b. Annual renewal fees shall. be increased beginning in 2006 and each year thereafter by the CPI cost of living index. 6. Retrof ttina of Signs Eligible to•Remain, Except for those Signs that are under 20 feet in height, all Signs in Exhibit C that are currently supported by multiple I -beams, shall be replaced with monopole structures on a one structure per month basis, commencing January 1, 2004 until all multiple I-beam support structures have been replaced. 7. Overheieht Signs. The State of Florida has built and is currently building sound walls along certain 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, Carter may raise their elevation to such height necessary to restore visual access so long as any such elevation complies with applicable State and county building codes, and provided that the top of the Sign shall under no circumstances exceed 65-feet above the crown of the adjoining highway. The City will issue to Carter any permits or authorizations which may be required to effectuate the purposes of this paragraph. , 8. Replacement and Relocation of Signs. 1n the event it become replace any Sign listed o Exhibit C, the City will authorize Carter to replace such Sign on the or to relocate such Sign within an allowed geographical location in the ccording to -location standards to be adopted by the City onsistent with this Agreement. This right to maintain, replace and relocate the Signs listed on Exhibit C shall expire and terminate on December 31, 2028. .Any City Sign law promulgated prior to this date shall not be applied retroactively to Carter. 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: Carter and the City acknowledge that Carter 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 Carter expressly waives any such claim. Carter'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. 9, Public Service Project, Carter will provide outdoor advertising space to the City, to publicize City events and related activities. The City shall be responsible for providing Carter with any sign copy it would like displayed, and will pay for the cost of installing the sign copy, For each year between July 1, 2003 and ,tune 30, 20241, Carter will, as space is available, provide outdoor advertising space to the City within the City and within other major media markets throughout the State of Florida for the display of City -prepared advertising materials. 10. Pending Cases: 'Vacating of Liens, Within 30 days following Carter's delivery of the Payment to the City, the City shall move to vacate and set aside the Final Administrative Enforcement 'Orders which are attached hereto as composite Exhibit D, and take appropriate action to satisfy and set aside any liens imposed against property owners who have been the subject of enforcement proceedings as a result of Carter's Signs. The documents vacating and setting aside the enforcement orders and any liens shall be in a recordable form satisfactory to Carter 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 Signs listed in Exhibits A, B, and C. 11. Nonwaiver of Legal Positions; Condemnation Rights; Unsafe Structures. The parties acknowledge that this.Agreernent 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. Nothing in this Agreement shall bar the City from initiating procedures •or adopting ordinances to compel the removal of any lawfully erected Sign. Except as expressly provided in Paragraph 2 herein, nothing in this Agreement affects Carter's right to receive just compensation from the City if the City elects to remove any lawfully erected Sign belonging to Carter. Nothing in this Agreement•sball affect in any way the City's right to condemn a Sign in accordance with applicable law and/or to take action against any Sign structure determined by the City to be unsafe. Any such action by the City shall not be used by Carter as grounds to invalidate this Agreement. 1?. Property Owners Proteeied. So long as Carter complies with the terrns and conditions of this Agreement, the City will take no action to enforce its Sign ordinances against -7- the owners of the property on which Carter's Signs are located. 13. Term and Expiration, This Agreement, and all rights and obligations of the parties, and specifically including any and all vested rights, shall terminate and expire on December 31, 2028. Any City Sign law promulgated prior to this date shall not be applied retroactively to • Carter. 14. Further Assurances and Cooperation. The parties recognize that it will be necessary to amend the zoning ordinances and Code of the City of lvliami in order to effectuate • the purpose of this Agreement. The parties will work cooperatively to draft any necessary Code amendments and ordinance revisions necessary to effectuate this.Agreement. Carter and the City agree to prepare and execute such additional documents, resolutions, ordinances, and other actions as may be necessary to effectuate the purposes of this Agreement. Carter covenants not to sue the City, or to 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 recording the Signs permitted pursuant to this Agreement. 15. Most Favored Nation. in the event the City shall reach a settlement with any other billboard owner, Carter May elect to be governed by all terms, conditions, covenants, and restrictions contained in that settlement agreement. If Caner so elects to be governed, it shall give written notification of its election to the City Attorney or his /her designee within 60 days of the notification of National of such agreement. The election shall be effective as of the date of the election and shall not be retroactive. 16. Notice. Al] notices or other communications required or permitted hereunder shall be in writing and shall be delivered to the persons listed below: As to Carter: Mr. Richard Pritchett President v‘'ith a copy to: To the City of Miami: with a copy to: Carter Pritchett Hodges; Inc,. 6601 Bayshore Road N. Ft. Myers; FL 33918 Telephone: (239) 543-1110 Fax: (239) 543-2122 George F. Knox Douglas M. Seaton THE KNOX FIRM 150 S.E. 2"d Avenue Suite 900 Miami, FL 33131 Telephone: (305) 577-3775 Facsimile: (305) 577-4887 Mayor Manual A. Diaz City of Miami 3500 Pan American Drive Miami, Florida 33133 Telephone: (305) 250-5300 Alejandro Vilarello City Attorney City of Miami 444 S.W, 2"d Avenue Suite 945 Miami, Florida 33133 Telephone: (305) 416-1800 17. Miscellaneous. a. Dispute Resolution: Mediation; Arbitration; Attorneys' Fees, Any • disputes among the parties, except those involving the City's police and safety powers, shall be resolved as follows: In the event disputes arise among the parties regarding the terms of this Agreement, the parties shall use their best efforts to resolve their own disputes; if they carinot resolve their differences, either party may then request mediation, which mediation shall be attended by both parties with a certified mediator chosen by the parties. If the mediator declares an impasse, either party may then demand binding arbitration. If arbitration is instituted between -9- J the parties with respect to this Agreement; the prevailing party therein shall be entitled to recover, in addition to al] other relief obtained; all reasonable costs, expenses and fees (including reasonable attorneys' fees, paraprofessional fees and expert witness fees), incurred in such arbitration or appeal and in any post -arbitration proceedings. The parties acknowledge and agree that except as to issues arising from the City's police and safety powers, they are agreeing to mediate / arbitrate their disputes, and are expressly waiving their right to litigate their disputes in court. b. Construction. This Agreement has been executed and delivered in, and shall be interpreted, construed, and enforced pursuant to and in accordance with, the Jaws of the State ofFlorida. 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 containedin this Agreement ar.e.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. Binding Nature. This Agreement will be binding upon and will inure to the benefit of any successor or permitted assigns of the parties hereto. Carter agrees not to ----transfer or -convey any -ownership in any -Carter Sign identified in Exhibits A through C unless -10- the transferee shall execute and deliver to the City an agreement to be bound by the terms and conditions of this Agreement. Carter hereby represents and warrants that it: (a) is a corporation in good standing under the laws of the State of Florida; (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 empoweredto 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. g. Amendments. This Agreement constitutes the entire agreement between the parties respecting the subject matter hereof. No oral statement or prior written material related to the subject matters hereof and not specifically mentioned herein shall be of any force or effect. No change in or addition to this Agreement shall be enforceable unless evidenced by a writing executed by the parties.. Any such enforceable amendmen(s) shall become effective on the date stipulated therein. h. 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 (i) The City hereby releases and' forever discharges Carter, 'its agents and employees, from any and all claims, actions, causes of action, damages and costs arising from violations, alleged or actual, of the City's Sign regulations, which have been or might have been, brought as of the effective date of this Agreement. -11- (ii) Carter 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 Sign regulations, or enforcement thereof, and without limiting the generality of the foregoing, Carter specifically waives the right to challenge the validity, constitutionality or enforceability of the City's Sign regulations and the right, if any, to reimbursement of any fees and costs incurred by Carter in itsdefense of enforcement proceedings. (iii) Neither Carter nor the City shall be deemed to have waived.any right to bring an action to enforce the terms, conditions and limitations of this Agreement. i. Indemnification; Compliance With Electrical and Structural Codes, Carter acknowledges and agrees that this Agreement does not in any way • alleviate Carter's responsibilities to comply with all applicable safety and/or construction requirements in removing, relocating, maintaining, repairing or in reconfiguring any Sign fact or Sign structure,. and Carter shall not be excused from complying with the requirements of any electrical and structural building codes and rules and regulations general application in effect at the time a building or electrical permit application is fled in connection with reconstruction of an existing Sign. Carter agrees to indemnify, defend and hold the City harmless from and against all claims asserted by any person seeking to challenge the efficacy, validity or constitutionality of this Settlement Agreement, or any ordinance or resolution enacted to adopt this Settlement Agreement, including. claims by lessors of Carter that result directly or indirectly from this Settlement Agreement. Carter will also indemnify and hold the City harmless for any injury, either to person or property, that results from a Carter Sign structure or associated Sign face. ,2003. j. 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. k. lnteerated Agreement, Each party's obligations hereunder are dependent upon performance of the material obligations of the other party. 1. Effective Date. This Agreement shall become effective as of the date it is approved by the Board of Commissioners for the City of Miami, and is signed by both parties. CITY By: 5, - Cify Manager 1 i Dated!, Attest? b , 2003. City Clerk, /,rzrc+'NNc, G�c%'n�Tu� Dated: Appro l�! ,' /Arlejan o Vilaelloy City Attorney , 2003, I3ated: CARTER PRITCHETT HODGES, ENC, By: 1t5: �J�. . Dated: ( c. j •'? , 2003. r -13- i-JAL r V1CIu(1 r-I:f e Exhibit A Physical Address of Board Volunlaril Removed 4248 NW 14th Street Voluni-aril Removed 1400 NW 42nd Ave f 0l't�\.. 06 ( (Lt^f ou t-A ... .. ��,u i-�au r ucurucl Exhibit B Board Number Physical Address of Board Height Distance l I 5352 . 566 NW 22 STREET • 42 IAA As of June 2003 5408 529 W. FLAGLER 40 NA Legal Legal k,3207_3, bOntl CxnIDIT L Board Number Physical Address of Board 5111 3514 S. DIXIE HIGHWAY 44.6 5217 3880 BIRD•ROAD ( 42 5242 454 NW 22 AVE 1 44 5270 1501 NW 7 AVE 28.4 5288 3636 NW 22 AVENUE 1 31.5 5289 1100 N. MIAMI AVENUE 5291 59 NW 36 STREET 24.7 5305 561 NW 29 STREET ► 48,4 5324 7035 NW 5 AVENUE ► 25,4 5325 420 NW 37 STREET 5327 30.7 1050 NW 14 STREET (WALL) I NA 5346 1311 NW MIAMI CT, ► 30 5356 3825 NW 2 AVENUE 5402 501 NW 36 STREET 5404 3640 S. DIXIE HIGHWAY Distance As of June 2003 4-4.8 178 Legal 37.8 208 Legal 5406 224 SW 6 STREET 27 _J Liv-64,) .(t-pkoua_ 03- 775 r• .au i vuJrulI crTy V F . 1J-.RIY11 D.E2AR r> r U F PLAI`CNUiG & LONING B N G BOARDS ,D1VLSI ON. CODE ' ORCI 1 B OARD IS RE,MATTE - OF: CITY OF hi/AM' Pc-cith .ner M�r3 E Boltot Jed VIcoei 7rir. Rtapovdcnts / Ce_se Na.- 0208013 CascNo.: tr2D40.56 ORD Fa Ths-hdaucr came to be bird atelinalbearzngonMzzy3 292002,, o�ncxm.g i veL. onto rftlscCi ,Itty of inszti Codc F�lri a.P-C, rrS of the Z.o g Ordinance. SptCI izster v g parties, rcvi,cur,-2 Lbc rocord, d he City of Miens Cade, the City oflYEarti ?imng C1z inaroz and crthcronse bong fully a.nlv.ix.d I.= the gerstises, S.nds :s follows: 1 r • ac Subject sick is loccr-d ib n CI zoning c1i ct .article 4 ofthc City of I-era:i Zoning Codc prvhibiIs outdoor asign_, as Tlac subject sign, in 01 zoning di tz c's. Therefore. Respondents, h'fzry F..Bolton and VI.c�el Lx., and arc is tiioleoon of to City ofIrami Code and a=e btreby fotzsci .41tyof i(-iholation. 2. Ordin II.D00, Ard-cto 11, Section 11 07.2.2 provided that any si , billboa-u, az coramtrci.at 2dv=dsinestntcnseR-hichconsarUresanonconfor-minnrhara.cte;isticofusesIz.,r.illcr:os:nplc lti,..nor•ed %uL'1the Inanises wjt infire(5)ytars('`aTilori' iionperiod")f1ULLzhcdst.e..itb.cc :confornL . 3. The ericzodlec date of Urrilr'Pncc 11000 was September 4, 1990. The ,Crrc (5) ycu as.o -"cioo poriadc.pircdon Scpt=nbcr;,J995. 4, Ire April, 2002, the Miatri Ci,y Coraraission adopted Onfiin,nce 1221 which rept21ed Article 1 1, Section 1107.2.2. S, .7.1.1e Notice cr Violztior, i„uPd for -thescprhrcl-clings contzin5 J=igu.a e refe"irig toArc.G 11 as we?Iasiangua.gcadvisingthevioI er(s)ofzhe...atws.xCtbeirrrronianc..a44Zc herpmv.3ions of line City of Miami. Corire. Tic Notice i= prvpts. 6. The amortization period conrnirrd in Article 13 , Section 1107.22, (1990) apizrd on SepTe nbcr 4. 1995 end th=„rore a sags deux is not rry-uir.d to • s-ave`-this Art cln. The nsbja:t Ki,715 4-->(L -2 03 - 775 RCcDJy d J4/1-07-2DD5 17:P3 From-n55774E67 is-HOQAN A HARTSON,L.L. Pare OD •I ! : I -' • n.ancono'rrm r 5cpt.o;bu, 1990 rd zllcgAl in SKI . ,I.A)=, 1995. The T.cz tbas.Articla 11. Sect.z`oz. 13 t7; .7 ' WS5 m-pezlit3is crino rnn r.r ; +.r=r_ c thesr prow ra the n o t and ptrrD osr of rhi s s ecc; o„ reeled the u to.,.thi dad 5 cm: 1990 m 1995.. The . es,..,,] rx(..Aric o 21, Seraaz 1 I 0 +':2.2 S.n 204,12 dots not se.rym to a ci^� tiad vas fow.ul to be (71 g 11 in 1995 'min z 1r5:11 � . Wherefore, it is ADTUDOED AND OR.DER.£D ot follows: roc subjectsig- arc 1llcgai and in List beru—novdwith=n 90 dn- s oftbo rtxtr of $ Order. • .2_. If said signs rem tot rr o'-cd the: 90 days., the violhlrrs will dr.b pas,c afrwo hun&ed acid fify dills s (5.250.DD) day =6.1 coruptilnyx with this Odor. DONS ANT ORDERED is Miami Miami-Darir. Co 5 Coplcs Funnisbcd to: Carol Litho, Esquire, 5pera.i Counsel, City of Afian! Gri:,,rge Knox, Esquirt, C'.nuriSCj Sorl.fary E. Relt er, 9Ld Y1Cme.1, .70_l Ma-wc.11, Esquire, Dcpury City Aboraey Received Jul-07-2003 17 23 Froin-3D8 774€07 2 en thi, day Dfjune, 200:L. rtter • To-+IOGAti i HARiSoN,1..L. Pa¢g 004 • T I C]TV O f hlaA.h.Lt, FL O RtD A Carat NT 33-4..LRA yigsistant City Managt-t 7ERESITA L FERNANDEZ, R.A., A.LC,P. AF P3< MIAMI LNL 1019,1ffT1-1 ST • MLA{ Z[ l3 E.A C1-1 FL 33139-65U Tenant Fro Fr EC_. 19677PG3©31. R Tuc-Ddny, l4ovczobcr 14, .2C00 (-P- -16991 is No: 0016991 CARLOS A_ CIS.-IRNCZ .City Manager Aticirtst: 2 4 SW ti.STD 1-O2D4-00D-1020 Folio:: 01-0204-000-1 020 1 .ege1: LI 1 Y OF MIAMT SOTTT-H PE 13.41 PT LOTS 3 ct 4 DESC-BEG SW COR LOT 4 N !SOFT E220KFT s1T Y hD 59,65FT S1;-6.591"T"P,35�5r7S7. F7 WTOPOB .4Lj_ LOT 5 DLK �l0 Tlcs.riag 1»: Wednodry, November OS, 2000 F11NTAL ADM1NTSTIZATIYE ENF'ORCPV ENT ORDER The Code Enforcement Board has found ym runty of violating t.bt: foUowiag JEWS, ktriudin.g Zoning Ordinance of the City urMiatw, Fluritlx (0.R1Ititult'L 11000, eu cwcfulcxl): City Code SECT. 10-3 OF T11T CITY CODE WHICH REFERSTO SECT, 301.1 OF THiE SFBC. WORK COMPLETED WITHOUT A PEPJ TT. Zoning Ord. ART, 92-6,15 NONCONFORMING OUTDOORADY) K'1-LSJNG SIGN you firs bcrcby ordered to correct =id violation by Wedneaday,Msrch, 7, 2E101. lfyau tan to eataply by mi of data, yell will therezfar be fined the sum of250 per day. 3t b yoer respowibil ty to advise the Inspector imtoesI slily after the 'deletion irss beta correrMrt to obtsin an Ar idavb. of Complixnct• Fatl•trre co obtain an ArTdmvit of Cotapli:act u771 result in t;ze ccIIUrsutng accrue] of �r daily, A certified copy of -this Order may be recorded w the Public Records .of Dade County sad th-tri.Rtt shall i i utt F Hen heft inmt the. above tcferenezd property and any other real or pcsonal properry than you own. LIENS THAT Ret4AIN UNPAID FOR TREE (3)1v MONTHS MAY BE FORECLOSED IN COURT. it addition, the Certi5eats of Use and OczupaTionai License of any business ocntpying this property may be suspended or withbelci Operating e busies without all re-gulre.0 Licenses is il1eg J under ,tare and city law, and is punishable by csiiuytnl ale -et an dJor closing the bw�alc_s.. Should yoo have .any questions rtgarding this Enforceme-nt Order, or if you wish to advise the Cade En.foreconern Board that the viola i.on has b=rt coaladi1, please ran ISRA.EL 1BA2\FF-Z at Cey of IrCiauti Cade Lhsfol,-r;urnt board Tcrccita L Fcrnnndcz, Cbicf of -Hearing Boards and Deputy City Clc tl• r"�S.CTGSIJ N CAX CID -Pert Ft Mtn< sncf7fy"l erp,t 41:2 ttRRVEY RUVIti CZERX G1RC✓1T ctnrrr This 6 ti iotiai tis is 3 b119 ;f earre I ti the.. Cole Elf°rrl;sllazl Dr> r, dated r 1/�— /} — 00 artattird A f c . -_tea-/49 J i41:6716?i • Tarosica' Lr-Prriiaadcz, Clem rthartmaitti 6t* abet OFFICE Of HEAkiNG BOARD'S / p,Ct, to. J070e f r.+:an,t, rtmtda 33233-M0a / 130514 t6-ID3D Recalved JuI-07-FOG5 17:Z2 From-501E774E87 To-iiOGAtt i HA6TSOiIL.t. Pace ,0 r'1r7 Bockweg, Pieter From: Slazyk, Lourdes Y Sent: Wednesday, December 16, 2009 11:22 AM To: rex@carteroutdoormiami.com; hsanromanlaw@bellsouth.com Cc: Bittner, Warren; Bockweg, Pieter; Toledo, Orlando Subject: FDOT Applications The City declines to sign -off on the six (6) FDOT Applications for Outdoor Advertisement Signs submitted by Carter Pritchett Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc. ("Carter") because Carter has no entitlement to such under the authority of either the City of Miami Zoning Ordinance, Carter's Settlement Agreement with the City, dated August 18, 2003, or the City's/FDOT's 1000 FT Pilot Program. 1 HOGAN & HARTSON January 7, 2010 Mr. Matias Dorta (via hand -delivery) Tew Cardenas LLP. 1441 Brickell Avenue, Suite 1500 Miami, FL 33131 and Mr. Harkley R.Thornton (via federal express) Outlook Media of South Florida. LLC 2295 South Hiawassee Road Suite 203 Orlando, FL 32835 and Mr. Santiago Echemendia (via hand -delivery) Outlook Media of South Florida, LLC 1441 Brickell Avenue, Suite 1500 Miami, FL 33131 Dear Mr. Dorta, Mr. Thornton and Mr. Echemendia: Hogan & Hartson tta Mellon Financial Center 1111 Brickell Avenue, Suite 1900 Miami, FL 33131 +1.305.459.6500 Tel +1.305,459.6550 Fax www.hhlaw.com As you know, Carter -Pritchett -Hodges, Inc. ("Carter") has now twice requested that Outlook Media of South Florida, LLC ("Outlook Media") provide alternative sites for consideration, given the City of Miami's written rejection and denial on December 16, 2009 of the six permit applications previously submitted. Outlook Media, through its counsel, has refused to cooperate in this regard, and has now twice refused, in writing, to provide alternative sites. Outlook Media's right to provide alternative sites for consideration has thus been surrendered, and further has expired. Accordingly, and pursuant to Section 11, Carter hereby gives notice of its termination of .the Billboard Agreement dated September 21, 2009. As required by Section 15 of the Billboard Agreement, a copy of this Notice of Termination has been provided to the Escrow Agent. Upon Outlook Media's d Matias Dorta, Harkley R. Thornton, Santiago Echemendia January 7, 2010 Page 2 delivery of an executed acknowledgment of the notice of termination to the Escrow Agent, the documents held by the Escrow Agent may be released pursuant to Section 15. Your prompt cooperation in this regard would be appreciated. Finally, for the record, Carter disputes and wholly disagrees with Outlook Media's negative characterization of the billboard industry, the City of Miami, the City's staff and their actions with respect to the permit applications that were rejected and returned by the City. Carter also disputes and disagrees with Outlook Media's argumentative, twisted and self-serving interpretation and characterization of the Billboard Agreement, and the parties' actions hereunder. Carter has acted cooperatively and in good faith. Outlook Media, on the other hand, has been declaring breaches of the Billboard Agreement and threatening to sue, either Carter, the City of Miami or both entities, repeatedly over the last two months. Outlook Media is already in litigation with CBS Outdoor. While this may be the way Outlook Media does business, it is not the way Carter conducts its business. Sincerely, c,t92 Carol A. Licko CAL/gms cc: Mr. Herminio San Roman, Escrow Agent J Bockweg, Pieter From: HERMINIO SAN ROMAN [hsanromanlaw@bellsouth_net] Sent: Thursday, February 04, 2010 11:16 AM To: Bockweg, Pieter Cc: Rex Hodges; Carol Licko Subject: Carter Outdoor Advertising Attachments: Carter Outdoor - Letter 1710 Dear Mr. Bockweg: Pursuant to our telephonic conversation, I'm hereby confirming that the only persons authorized to represent Carter Outdoor Advertising are its principals and its legal representatives, Carol A. Licko, Esq. and/or Herminio San Roman, Esq. Furthermore, I'm attaching for your records a letter which was previously sent to the City of Miami. Thank you for your cooperation. Sincerely, Herminio San Roman, Esq. 1 r r- B l I