HomeMy WebLinkAboutExhibitCity 08.31.09
FIRST AMENDMENT TO SETTLEMENT AGREEMENT
THIS FIRST AMENDMENT to the July 18, 2008 Settlement Agreement (this
"Amendment") is made and entered into as of this day of , 2009 (the
"Amendment Effective Date"), by and between the City of Miami (the "City"), a
Florida municipality, and CBS Outdoor of Florida, Inc., a Delaware corporation ("CBS").
RECITALS
WHEREAS, the City and CBS are Parties to that certain Settlement Agreement
dated July 18, 2008 (the "Agreement"); and
WHEREAS, at the time of the effective date of the Agreement, 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 of Miami 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, ill, 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;
2. The sign owner and the local government mutually
agree to the terms of the removal and replacement; and
(J)B
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, although the City, in conformity with s. 479.07(9)(c)(1), F.S.
(2009), has adopted an ordinance encouraging the voluntary removal of signs in a
designated area (i.e, the boundaries of the City of Miami), which also provides for a new
or replacement sign to be erected on an interstate highway within its jurisdiction if the
sign in the designated area is removed (see Section 10.4.5 of the Miami Zoning Code),
the City has never specifically authorized 1,000 foot spacing; and
WHEREAS, the parties hereto agree to amend the Agreement to allow for 1,000
foot spacing for the following three locations requested by CBS, each requiring an Initial
Amended Permit as defined in the Agreement, i.e.: (a) the Fujimo location — 3621 N.E.
1st Court; (b) the Overtown Plaza location — 1490 NW 3rd Ave.; and (c) the Black History
Museum location — 433 NW 10th Street; and
WHEREAS, the City and CBS wish to, and by this Amendment do hereby agree
to, amend the terms of the Agreement as set forth herein. Capitalized terms used herein
and not otherwise defined herein shall have the meanings set forth in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth herein and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and CBS agree to amend the Agreement as
follows:
1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated into and made part of this Amendment and the Agreement.
2. 1,000 Foot Spacing For Enumerated Locations. The parties hereby
agree to allow for 1,000 foot spacing under the pilot program established by s.
479.07(9)(c), F.S., for the following three locations requested by CBS, each requiring an
Initial Amended Permit as defined in the Agreement, i.e.: (a) the Fujimo location — 3621
N.E. 1st Court; (b). the Overtown Plaza location — 1490 NW 3rd Ave.; and (c) the Black
History Museum location — 433 NW 10th Street.
3. No Further Amendment. Except as expressly modified by this
Amendment, the Agreement shall remain unmodified and in full force and effect, and the
Parties hereby ratify their respective obligations thereunder.
4. Entire Agreement. The Agreement, as expressly modified by this
Amendment, shall constitute the entire agreement among the Parties with respect to the
subject matter hereof and merges all prior and contemporaneous communications.
5. Severability. If any provision of this Amendment shall be held by a court
of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
6. Representations and Warranties. CBS hereby represents and warrants
that it: (a) is a corporation in good standing under the laws of the State of Delaware; (b)
is duly authorized to transact businesses in the State of Florida; and (c) has taken all
corporate actions necessary to authorize execution and performance of this Amendment.
The City hereby represents and warrants that: (a) it is empowered to enter into this
Amendment; and (b) this Amendment has been duly authorized by the City Commission
of the City of Miami pursuant to the requirements of Florida law.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be
executed by their duly authorized representatives as of the Amendment Effective Date
shown above.
CITY OF MIAMI CBS OUTDOOR, INC
By: By:
City Manager
Its:
Dated: , 2009 Dated: , 2009.
Attest:
City Clerk
Dated: , 2009.
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bru
City Attorney