HomeMy WebLinkAboutZB Backup - Zoning Administrator Appeal Letter & Supporting DocumentsTEW CARDENAS LLP
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December 29, 2009
VIA HAND DELIVERY
Mr. Anel Rodriguez
Administrative Assistant II
City of Miami
Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
FOUR SEASONS TOWER
15TH FLOOR
1441 BRICKELLAVENUE
MIAMI, FLORIDA33131-3407
T 305.536.1112
F 305.536.1116
WWW, FEWLAW.COM
Re: Notice of Appeal Regarding Outdoor Advertising Forms Submitted
September 25, 2009
Dear Anel:
On Friday, September 25, 2009, Carter -Pritchett -Hodges, Inc. ("Carter")
submitted FDOT Forms 575-070-04 for the following locations (collectively, the
"September 25 Locations")1:
a) Contemporary Contractors - Miami Dade County Folio 01-3124-003-1440
b) GT Used Trucks - Miami Dade County Folio 01-3125-035-0360
c) Brickell Village Land Company - Miami Dade County Folio 01-0205- 000- 1131
d) CanPartners Realty - Miami Dade County Folio 01-4137-036-0020
e) The Little Old Real Estate - Miami Dade County Folio 01-3125-025-0280
f) Tanaka - Miami Dade County Folio 01-3113-025-0041
' Outlook Media of South Florida has filed this appeal because Outlook has an agreement with Carter
Outdoor for the placement of outdoor advertising signs in the City of Miami, pursuant to which agreement
the applications for the September 25 Locations were submitted to the City of Miami. Therefore, Outlook
has standing in accordance with Section 1800 of the City Zoning Code, which provides that "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..." Since Outlook is is entitled to some of the September
25 Locations in accordance with the Carter/ Outlook agreement, Outlook is an aggrieved party and has
standing to file this appeal.
Mr. Anel Rodriguez
Administrative Assistant II
City of Miami
Hearing Boards
December 29, 2009
Page 2 of 3
On December 16, 2009, the City denied the applications for the September 25
Locations in an email to Rex Hodges, attached as Exhibit A. The reason for the denial
cited by the City is "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."
Carter is Entitled to Permits Pursuant to the Carter Settlement Agreement
Carter has a settlement agreement with the City of Miami (attached as Exhibit B),
which permits the relocation of outdoor advertising signs. Since the Carter Settlement
Agreement was approved in 2003, the City has issued at least five (5) relocation permits
without asserting that Carter "has no entitlement" to permits for outdoor advertising
signs. It is a mystery why the City is now asserting that Carter "has no entitlement" to
permits, when the City has previously issued Carter permits in accordance with the Carter
Settlement Agreement.
Carter is Entitled to Permits Pursuant to City of Miami Zoning Ordinance
Section 10.4.5 of the City Zoning Code permits outdoor advertising signs
pursuant to settlement agreements. Carter has a settlement agreement with the City, and
the City has previously issued at least 5 permits for outdoor advertising signs in
accordance with the settlement agreement and the City Zoning Code. Therefore, Carter
is entitled to permits for outdoor advertising signs in accordance with the City Zoning
Code.
Carter is Entitled to Permits Pursuant to FDOT's Pilot Program
The City has implemented FDOT's Pilot Program to permit outdoor advertising
signs that are at least 1,000 feet apart on the same side of the highway. The resolution
implementing the program was approved on September 24, 2009. There are no further
actions required to implement the program, and Carter is entitled to permits pursuant to
FDOT's Pilot Program.
The City is Estopped from Denying the Peiiuits
"The doctrine of equitable estoppel may be invoked against a municipality as if it
were an individual." Hollywood Beach Hotel Co.v. City of Hollywood, 329 So. 2d 10, 15
(Fla. 1976); Sun Cruz Casinos, LLC v. City of Hollywood, 844 So. 2d 681 (Fla. 4th DCA
2003). See also Castro v. Miami -Dade County Code Enforcement, 967 So. 2d 230 (Fla.
3d DCA 2007). The City has previously approved at least 5 other outdoor advertising
permits for Carter, and is estopped from denying the applications for the September 25
Locations based upon the bare assertion that Carter "is not entitled" to the permits.
TEw CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Mr. Anel Rodriguez
Administrative Assistant II
City of Miami
Hearing Boards
December 29, 2009
Page 3 of 3
For these reasons, there is no basis for the City's denial of the applications for the
September 25 Locations. Please accept this notice of appeal, in accordance with Article
18 of the zoning code. Furthermore, in accordance with Article 18, all actions are stayed
pending resolution of this appeal. Therefore, no outdoor advertising applications should
be accepted or approved within 1000 feet of the September 25 locations, pending the
outcome of this appeal of the zoning administrator's determination.
fc
cc: Pedro Hernandez
Warren Bittner
Orlando Toledo
Veronica Xiques
Pieter Bockweg
Sincerely,
anda Quirke
7
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
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.
End of Forwarded Message
SETTLEMENT AGREEMENT
Ay -
This Settlement Agreement is made and entered into this )this /0 day of J e 2003,
by and between the City of Miami (the "City"), a Florida municipality, and Carter Pritchett
Hodges, Inc., d/b/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 2001, 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 now pending in the Appellate Division of the 11th
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. Incorporation of Recitals. The above recitals are true and correct, and are
incorporated into and made part of this Agreement.
EXHIBIT
8
Si am inventory and Removal of Signs. 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. Carter 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 Miami 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 V and XIV of the United States Constitution;
or any other authority under state or federal law. Upon payment of a $20,000 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 geographical 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
_7.
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 31, 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 $10,000 per day per Sign for any Sign it does not remove in accordance with the terms 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. in the event Carter fails to perform its obligations under this
Agreement, the City shall be entitled to the remedies of specific performance 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 Sins. 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 peuuits 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 permit replacement fee of $5,000.00. Carter has three missing permits representing
$15,000.00 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 C 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 B and C do not conform with current
City ordinances that regulate the height, distance requirements, or orientation of Signs. In 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
terms of this Agreement shall expire and terminate on December 31, 2028. Any City Sign law
promulgated prior to this date shall not be applied retroactively to Carter.
_a_
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 $350,000.
5. Permit Renewal Fees. In addition to the payment of any one-time permit
replacernent fees, Carter shall pay the City annual permit renewal fees as follows:
a. For the Signs listed on Exhibits B and C, Carter will, annually, pay the
City annual renewal fee of $1,500 per Sign structure, beginning one year from the effective date
,of this Agreement.
b. Annual renewal fees shall, be increased beginning in 2006 and each year
thereafter by the CPI cost of living index.
6. Retrofitting 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 1-bearns, 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. In the event it becomes necessary for Carter to
replace any Sign listed on Exhibit C, the City will authorize Carter to replace such Sign on the
same site or to relocate such Sign within an allowed geographical location in the same zoning
district according to relocation standards to be adopted by the City consistent 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 June 30, 2024, 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: \'acatine 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 Agreement is a compromise resolution of disputed claims and
agree that it shall never be treated as an admission or evidence of liability by either of them for
any purpose whatsoever. 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 shall 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,
12. Property Owners Protected. So long as Carter complies with the terms 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 Miami 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 wiJ1 reasonably cooperate.to resolve issues, if any, raised by
Miami -Dade County regarding 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 aI1 terms, conditions, covenants, and
restrictions contained in that settlement agreement. If Carter so elects to be govemed, 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. All 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
with 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. 2nd 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. 2nd 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: Tn 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 cannot
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. Tf the mediator declares
an impasse, either party may then demand binding arbitration. If arbitration is instituted between
-9-
the parties with respect to this Agreement, the prevailing party therein shall be entitled to
recover, in addition to all 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 laws of the
State of Florida,
c. Counterparts, If multiple counterparts of this Agreement are executed,
each shall be deemedan original, but all counterparts together shall constitute one and the same
instrument.
d. Headings. The section and paragraph headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
e. Entire Agreement. This Agreement sets forth all the promises,
agreements, conditions and understandings among the parties hereto as to the subject matters
referenced herein, and supersede all prior and contemporaneous agreements, understandings,
inducements or conditions expressed or implied, oral or written, except as herein contained.
f,
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
- 1 0-
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
empowered to enter into this Agreement; and (b) this Agreement has been duly authorized by the
Board of City Commissioners of the City of Miami pursuant to the requirements of Florida law.
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 amendment(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
Carter specifically waives the right to challenge the validity,
generality of the foregoing,
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 its defense 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 filed 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 A� eement. 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,
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 le.gal positions as such existed
on the date one day prior to the effective date of this Agreement.
k. Integrated 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.
By:
Cif Manager
Dated'�i
, 2003.
„4,,, City Clerk, guci: '�rv7Ja.»
Dated: 2003.
Appro
/'' Alejanro Vilarello,, City Attorney
Dated: 2003. %- h
CARTER PRITCHETT HODGES, INC.
By:
its: r,/,� .
Dated:
•'? , 2003.
-13-
-vv,vJ.L r viZIucl
Exhibit A
Physical Address of Board
1
Voluntarily Removed
1248 NW 14th Street
2
Voluntarily Removed
1400 NW 42nd Ave
—
w.. •.o v,1V
i^3ou r uLu/UCI
Exhibit B
Board Number Physical Address of Board Height Distance
As of June 2003
5352
. 566 NW 22 STREET
42
NA
Legal
2
5408
529 W. FLAGLER
40
NA
Legal
03- 775
=Anton L
Height
Distance
As of June 2003
Board Number
Physical Address of Board
3514 S. DIXIE HIGHWAY
44.6
NA
Legal
5111
3880 BIRD•ROAD
42
NA
Legal
5217
454 NW 22 AVE
44
NA
Legal
5242
1501 NW 7 AVE
28.4
168
Legal
5270
3636 NW 22 AVENUE
31.5
NA
Legal
5288
1100 N. MIAMI AVENUE
22 '
260
Legal
5289
5291
59 NW 36 STREET
24.7
186
._._.. Legal
561 NW 29 STREET
48.4
201
Legal
5305
7036 NW 5 AVENUE
25.4
226
Legal
5324
420 NW 37 STREET
30.7
200
Legal
5325
5327
1050 NW 14 STREET (WALL)
NA
NA
Legal
53.46
1311 NW MIAMI CT.
30
205
Legal
5356
3825 NW 2 AVENUE
44.8
178
Legal
501 NW 36 STREET
37.8
208
Legal
5402
3640 S. DIXIE HIGHWAY
37.2
- NA
Legal
5404
5406
224 SW 6 STREET
27
NA
Legal
03- 775
.4
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1).ETAR-1 MINX' OF I'LANNITfG & ZONING.
.SING BOARDS DIVIS7011 •
CODE aNT ORCEMENT BOARD
SN RE.MArrE.R OP:
CITY OF MI AMI
P'ctiti titer
Mari E Bolton i.ad
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Ca..s' t1208013
Cnstc No.: dz01Q.56
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QUER
71re Mauer c,-mats to be bird at a final hea,ritte on Mzy 29 2002, concemia,2 viola6.osal7 the Ci
of h arni Cock zad sec as of the
Lonilag Qrtiinzint:c, tie Special Mir ha..ing Iumersi itcd
parde•s, reviewed the record, and the City of Mimi Code, the City of?viiaaai Zarsing cc, and
othera7se hci"ri fully sdvisc4 is the premises, Ends. es follows:
1, The sul5ect sib is Iceo.kel it n Cl oaring dis 'ict. .article 4 of tho City of Kain.i Zoning Code
prnbiibiLs outdoor advertising signs, such as the subject sign, ?rt C1 zonag distietg,
R.rspondcats, Nary E. Bolton sod V�el, Inc., and arc in violation of the Mtazni Cade and of de am.
hereby.fntzr,d guila.ui ry of sviolation.aze
•
2. Ordiralce 11000, Ar6clo 11, ►Sect;cm 1107:22 provided t zt anysi.gn, billboard, or comzmrc"talc
adv d..sszntcn re which constiru;es a nonconforminP characteristic of use s12:,111,c completely rrmoved
fa the^Lpranises w thth five (5)years ('`a..ncr;ti�ttiott period") uui;t the date it b .
to 2zccconforznine
J.J
3. t c e.OEt dvc date of Ordinazlee 1 l 000 was Septe=nbe7 4, 1990. The life (5) yea! �. 14L2'a.2."'C10.CI
poripd expired on Scptennbcr 4, )995.
4. In April, 2002, the Miami City Co1?ar;iission adopted Ordinance 12213 whichrevt.aled Article 11,
Section 1 107.2.2.
S. The Notice of Violzton issuEd for these procrcdings contains 1zn e refL—ris,lig to Article 11 as
well as lar;uage advising the viol or(s) ofthc s.etus of their vlolati.otz in =cm- dare airb azher provisions
of the City of Miami Corte, The Notice is prep.
6. The .moltizativn pctdcx connairrd in Art:ele 1] , Section 1 J 07.22, (1990) cep on Scptcrnbcz-
4, 1995 End thGefoze a savin$-s clause L not required to "cave"this Article, The snbjci;t viuls br-ca^ae
71— _21
03— 775
Received Jul -Di -NOS 17:n Fro;r:055774e67
Tc-HOQAN d NARTSON,L.L. Paco 003
•
,
zas,cord trrthi4 iI] Scpcta:hcr, 1990 arrd illcgaI in S$- .-wbcr, 1995. The fact thar'Articla 11. so on
1 } 07.7-2 was it vfno canscque to these prpcc—..- file iae ant azd ptr pose a ehix seaczlar,
Ter.mir, t,b.e ate todeq as tilex did t Ora 19901r3 1995. nit . c.,.a1 c1A-ticlo 1 I, .SC, 14 11071.2 1212OS12
dots not serge to caav f. a t} a3 was fowls) to be illegal ha .1995 irrtn a 1r,521 raga
Whcrcfam, it is ADJUDOED AND ORDI D rs follows:
1_
Thc subject zip:* arc lllcgal and must be 2e7n4vca within 90 days of the dale rOf tom$ Order.
2 If said suns t3rtnor rriovcd within he 90 days, the violators will carb ply af£i,c of two
hundred and fifty deU rs (5250.00) pe dzy un'aI CO-122plizaxx with this C�S`dcr.
DONE AM..) ORDERED in Miami. Miami-D dr. Ca
CoplcS Funaisled to:
t; ml L ko, Este r, Spcca1 Cotnwl, City- of 14iami
Gczrrt;c ,Knox., Egoist, Clntmstl for Mary E. Boltx7I rind Vicncl, tan
Jodi Max -IA -oil, Esquire, Deputy City Attorucy
Received Ju1-0T-2003 1T:23
Pro!-30CCTT4BBT
2
on thi, 2.514 Jay or June, 2002.
LukztGS
Tc-HOGAN 1 HARTSON,L.L.
Page 004
.ra wvry 1 ..aV
LITitg IIf
Tar CITY OF NIIA.ni1, 7L071.IDA
faIT MThT RO.A LID
yip,sistant City Managr
TERESITA L FERNANDEZ, R.A.,A-i•C,F.
DE1CVNicitl MJAMI 1Nt_'
1019,YEFTH ST
} 2LAi I t3E A C14 FL
2)19-G5b4
Tenanr.
100
t t ntI in. 96TTr 3O3 I
Tuc.nday, No bcr 14, ?000
CR• .16991
c No: 0016991
CAnLOtS A. CDAErvE2
City Marager
Asidresr: ZA SW 6 31v'1-02A4-000-I020
rosin:: 01-020.4-000-1 020
i.cpl: CITY OF MIAM7 SCU'TI-HPB 13-41 PT
LOTS 3 14 DE.SO-BEG SW COIL LOT 4
N150FT E.22.0gFT CF1 Y AD 59355Fi
SEA6.59n W35.58FT 57SYT W TO POB 6L A 4-
LOT 5 TJLK 40
J scaring Dear: Wcdrac dry, November 0S, 200O
FINAL 4..pMTNTS7RATTYT T NFOR4"EMENT ORDER
The Code Enforcement Board has found yvu guilty of violating the following laws, including Zoning Ordinance of
thc City uCMiattti, Pluritltt (0.failk'. %.Z 11000, ru awclulcK1);
City Code SECT. 10-3 OF THB CITY CODE WHICH REFERSTO SECT, 301.1 OF TIE SFBC. WORK
CQ1vf,PLETED WITHOUT A PERMIT.
Zoning Ord. ART. 926,15 NONCONFORMING OU'fDOORADVEK•i'LSJt SIGN
You ire bcrc'by ordered to carrtot said violation by Wend nenday,Tiarch, 7, 2001. Ifyou fail t9 cotoply by said date,
yntt will thereafter be fined the gum of?50 pen day. It is your responsibility to .advise tht Inspector immtrikately
afbcr the violation bas been corrected to obtstin an Affidavit of Compti.nee.• FalIure to obtain on Affidavit of
Cocoplianct_Wilt result ur the continuing accrual o£thc daily lane
A certified copy of tbis Ond Cr M5y be rocordad ir7 the Public Records .of DQdc County and ttaere-a$er that! Coustirutc
a lien Ap,, inst the• above refiTenc.ad property and any other real or personal property that you own. LIEN'S THAT
REMAIN UNPAID FOR THREE (3) MONTHS MAY }3E FORECLOSED IN COURT. In sddiriori. the certin.cw.e
of Use and Oocupa;'ional Licernse of any business occupying this property may be suspended or withheld. Operxtil;tg
a business without a71'rt.quire.d licenses is illegal under state and city law, and is punt .bablk by girt eat and/or
cicrsin , thc bw�rlcss.
•
Should yoo have any questions regarding this Enforcement Order, or if yi u wish to advise the Code En.forcrtu t
Board that the violation bias btsn correctcd, please call ISRAEL I.BANEZ tit
Ciry arMiami Ccdc DILfon21,rucat Aor.d
(cruit� L Fernandes, Cbicf of Hearing Board. and
Deputy City C1c k
re-wczu ry
Oc ooze tTk,Nr. r. R cao.4
Rr) C DlA aC A,I pep
HARVEY RUY1P1
CLERK CIRCUIT COtifTl
This is tv ear !hal this is Ina we marl copy d the Code
Eniomat Orl;``r, dirtM , O--1„ —OD and ached
A vl3 (s)'for C2se,41 bar . •06
cif L11r`Q+'5p
Tartyic8' i:r •Pntriandcx, C1rs1C
Coif feral &lard ix! • . tart
OFrICf Df kLA.P1NC BOARDS / P,D. 07D8 / id;5m;, rear d.a 73233-0708 / LIDS) 416-203D
Reoslved Jul -ET -NO 11.22 Frc,t-E0EE774E87
10-HOCAN i NARTSON,L.L. PeQe „ODA,