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HomeMy WebLinkAboutEXHIBITSETTLEMENT AGREEMENT In consideration of the following covenants and agreements, or other valuable consideration, the receipt and sufficiency of which are hereby acknowledged and conclusively established, South Florida Equitable Fund LLC ("SFEF"), Outlook Media of South Florida LLC ("Outlook"), Santiago D. Echemendia, Harkley Thornton, and the City of Miami ("the City") agree as follows: 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 permitted Signs in certain Zoning Districts and prohibited them in others. Certain Signs were erected in accordance with the City's former zoning ordinances do not conform to the City's current Sign regulations. B. Prior to February 1, 2010, SFEF owned, controlled or operated two (2) Signs in the City -- the `Boardworks Sign" located at 555 NW 79th Street, and the "Hampton Inn Sign" located at 299 17th Road. C. Neither Outlook, SFEF nor any of their subsidiaries, affiliated corporations, or affiliated entities owned, controlled, or operated any other Signs in the City as of the Effective Date of this Agreement. D. Prior to May 20, 2010, SFEF applied to the City for a Settlement Agreement as authorized by Miami Ordinance 11,000 (the Miami Zoning Ordinance) Section 10.4.5. that would provide, among other things, that the City would issue one Amended Pen -nit for relocation and reconstruction of one Sign in exchange for removal of the Boardworks and Hampton Inn Signs. E. Since submission of that application, disputes have arisen between SFEF and the City regarding City ordinances regulating Signs, the applicability of certain City ordinances to Signs owned, controlled, or operated by SFEF, and the effect of State laws on City ordinances and on the enforcement of such ordinances. These disputes have resulted in Code Enforcement Case No. CE2010001599, on appeal in South Florida Equitable Fund, LLC v. City of Miami, No. AP 10-192, in the Circuit Court in and for Miami -Dade County, Florida ("Code Enforcement Proceeding") and South Florida Equitable Fund, LLC v. City of Miami, No. 10- 21032-Civ-Ungaro, in the United States District Court for the Southern District of Florida ("the Federal Litigation"). F. This Settlement Agreement will resolve the Code Enforcement Proceeding, the Federal Litigation, and enable the parties to come to an agreement as to the permitting of certain Signs and Digital LED faces. G. The City acknowledges that SFEF has removed or will cause to be removed two (2) Signs that were, are or will be owned, controlled, or operated by SFEF. H. The City has a policy to reduce the number of Signs in the City. In recognition of: (1) SFEF's removal of the Sign structures and Sign faces described in this Agreement and waiver of just compensation therefore; (2) the City's desire to encourage SFEF's voluntary removal of Signs within the City, and (3) the surrender of certain valuable rights not surrendered by other outdoor advertising companies, the City has agreed to allow SFEF to transfer the permit rights associated with such Signs to Outlook, to allow Outlook to use those permit rights at new locations within the City, and to allow the erection and maintenance of Digital LED faces; and J. The City, Outlook, and SFEF desire to resolve all disputes and the pending Code Enforcement Proceeding, the Federal Litigation, and other litigation between them in this Settlement Agreement ("Agreement"). NOW, THEREFORE, the parties, 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 is hereby acknowledged, agree as follows: 1. City Action to be Taken. a. The City shall advertise and schedule a public hearing before the City Commission on September 16, 2010, to consider adopting on first reading an Ordinance in substantially the form attached as Exhibit A ("the Ordinance"). If the Ordinance is adopted on first reading, the City shall advertise and schedule a public hearing before the City Commission on October 14, 2010, to consider adopting the Ordinance on second reading. This Agreement does not bind the Commission in the exercise of its governmental discretion, nor obligate it to adopt the Ordinance. If the Ordinance is not finally adopted in substantially the form attached as Exhibit A, this Agreement shall have no further force or effect. b. If the Ordinance is finally adopted in substantially the form attached as Exhibit A on October 14, 2010, (1) The City shall: (a) Allow Outlook to relocate to and reconstruct a Sign at 1700 SW 3rd Avenue or 299 SW 17th Road, City of Miami, Florida, a site known to the parties as the Sevennine (Monsalve) Site, with an Amended Permit issued by the City. The Sign built on the Sevennine (Monsalve) Site may be built substantially conforming to the generic sign plans 2 attached as Exhibit, 31 of the Declaration of Harkley Thornton filed in the Federal Litigation and may include one LED Digital face. The actual structure may vary from the generic plans to accommodate site specific characteristics and as needed for installation of an LED Digital face. After the Effective Date of this Agreement, Outlook may submit Florida Department of Transportation Form ("FDOT") 575-010-04 to the City seeking local government approval of the Sign at the Sevennine (Monsalve) Site. The City will stamp the form on the date it is received. The City shall within five (5) days of receipt deliver back to Outlook a completed and fully executed FDOT Form 575-070-04 for the Amended Permit for a Sign at the Sevennine (Monsalve) Site certifying that the Sign is in compliance with all duly adopted local ordinances and will be issued the necessary City permits. The executed form and application for the Amended Permit shall constitute approval of the Sevennine (Monsalve) Site, which is the subject of the Amended Peiuiit, and no further approvals from the City shall be required for the Amended Permit. However, Outlook shall submit a building permit application which shall comply with all ordinances relating to structural, electrical and/or engineering requirements, or other health and safety requirements (hereinafter the "Technical Regulations") and all setback and encroachment requirements. Additionally, Outlook will place all columns, foundations and overhangs within the Base Building Lines as that is defined in §§54.196 through 54-190 of the City of Miami Code The City shall timely deliver back to Outlook an issued building permit. Issue to Outlook within 10 days of the Effective Date one credit allowing Outlook to install one LED Digital face on the Sevennine (Monsalve) Sign face that is viewable by southbound traffic and a second credit allowing Outlook to install a second LED Digital face on an outdoor advertising sign owned or operated by it at a site to be determined. Both credits shall be freely assignable to any entity that has entered a Settlement Agreement with the City regarding Signs. "LED Digital face" shall mean a sign that incorporates a semiconductor diode that emits light when conducting current and shall have the same meaning as generally defined by the City in Division 6 of Chapter 62 of the Code of the City of Miami, Florida. (2) This Agreement shall release and forever discharge SFEF, its agents, employees, officers, directors, subsidiaries, stockholders and parent corporations from any and all claims, actions, causes of action, damages and costs arising from violations, alleged or actual, of the City's Sign regulations. It shall also operate to release owners of property upon which SFEF's Signs are or were located, to the same extent SFEF is released. This Agreement shall not waive the City's right to enforce its ordinances against Signs not identified as being owned, controlled or operated by SFEF, or against Signs not authorized by an Amended Permit. In addition, the City does not waive its right to enforce its ordinances against the Hampton Inn Sign or the Boardworks Sign, or against a Sign not authorized by an Amended Permit if the removal of those Signs is required by this Agreement. 2. SFEF Actions to be Taken. If the City finally adopts the Ordinance in substantially the form attached as Exhibit A on October 14, 2010, SFEF shall file within 10 days: a. In the Federal Litigation a motion for an order providing that the lawsuit is dismissed and that the dismissal shall be with prejudice after the Sevennine (Monsalve) Sign has been built and the appropriate City of Miami official signs off on, closes out, or otherwise gives the final approval of pen -nits to Outlook that allow the construction, maintenance, and operation of the Sevennine (Monsalve) Sign and two (2) LED Digital faces on outdoor advertising signs. If the order is not granted, this Agreement shall be of no further force or effect, SFEF shall surrender to the City the permits granted to it pursuant to paragraph 1.b.(1), and the release provided in paragraph 1.b.(2) shall no longer be valid. b. An agreed motion to stay the Code Enforcement Proceeding pending completion of construction of the Sevennine (Monsalve) Sign. c. Within 30 days after the Sevennine (Monsalve) Sign has been constructed and the City has completed its final inspection: (1) Remove at its sole cost and expense the Boardworks Sign. SFEF already has removed the Hampton Inn Sign and has cancelled the corresponding Florida Department of Transportation permit CA179. The City acknowledges that the Hampton Inn Sign has been removed and FDOT permit CA179 has been canceled. (2) Waive any right to receive from the City just compensation or any other relief it may have arising from the City's actions compelling removal of the Boardworks or the Hampton Inn signs, except as set forth herein, whether such claim for just compensation is 4 (3) 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. Dismiss with prejudice its petition for writ of certiorari in the Code Enforcement Proceeding. 3. Outlook Actions to Be Taken. If the City adopts the Ordinance in substantially the form attached as Exhibit A on October 14, 2010, and the Federal Litigation is dismissed without prejudice, Outlook shall: a. Within 10 days, withdraw its motion to intervene in CBS Outdoor, Inc. v. Florida Department of Transportation, Case No. 10-0997 (FDOT File Nos. 57570 and 57571) filed in the Florida Division of Administrative Hearings. b. Within 30 days after the Sevennine (Monsalve) Sign has been constructed and the City has completed its final inspection make a one-time permit amendment fee ("Permit Fee") of fifty thousand dollars ($50,000.00) to the City. c. Subsequent to the payment specified in paragraph 3.b., pay the City the sum of One Thousand Five Hundred Dollars ($1,500.00) per year ("Annual Fee"). Outlook shall continue to make payment to the City as set forth above, so long as the Sevennine (Monsalve) Sign remains erected. The City shall not increase the Annual Fee until 2015 when it may be increased by the CPI cost of living increase from the prior year. The City may increase the Annual Fee each year thereafter by an amount not to exceed the CPI cost of living. 4. Fees & Costs. Each of the parties shall remain responsible for paying its own attorneys' fees, costs and expenses arising out of or connected with all litigation referenced in this agreement. 5. Waiver of Future Challenges. a. After the appropriate City of Miami official signs off on, closes out, or otherwise gives the final approval of permits to Outlook that allow the construction, maintenance, and operation of the Sevennine (Monsalve) Sign and two (2) LED Digital faces on outdoor advertising signs, the dismissal of the Federal Litigation, as provided above, shall be with prejudice without any further action by the Court or the parties and neither Outlook, SFEF, Echemendia, Thornton, nor any combination of them will assert any claims in any litigation seeking to invalidate Article XIII sections 62.601 through 62.618 of the City Code; Section 10.4.5 of City of 5 Miami Ordinance 11,000; Section 6.5.1.8 f. of the Miami 21 Code; or any existing settlement agreements between the City of Miami, Clear Channel, CBS Outdoor, Inc., Carter Pritchett Hodges, Inc. d/b/a Carter Outdoor, Inc., SFEF or Outlook. This obligation shall be binding on not only these parties, but also their personal representatives, heirs, past and present representative officers, directors, agents, accountants, insurers, employees, and any subsidiary, affiliated and parent corporations, collateral corporations, or other business entities controlled directly or indirectly by these parties now or in the future. Echerendia and Thornton join in this provision in furtherance of the purposes of Outlook and SFEF. b. Outlook shall not join the City as a party in any of the pending actions that it has against CBS Outdoor, Inc. or Carter Pritchett Hodges, Inc. d/b/a Carter Outdoor, Inc. 6. Replacement and Relocation of Signs. If Outlook determines, in its sole discretion, to relocate and reconstruct the Sevennine (Monsalve) Sign or the LED display faces permitted in accordance with paragraph 1.b.(1) or if the view of either is impaired for any reason, the City will authorize Outlook to replace such Sign or LED display faces along the enumerated portions of the interstate highways and state roadways set forth in section 62-6'18.5(1) of the City Code, as it may be amended from time to time, other than those portions designated by the City as "gateways" to the extent section 62-618.5(2) would prohibit issuance of the amended permit for the Sevennine (Monsalve) Sign, without payment of any additional fees to, or the requirement of the removal of any additional Signs or any further approval from the City, and the City shall amend the permit(s) to reflect the new location(s). The City and Outlook further agree that LED Signs facing in the same direction shall be placed at a minimum of six hundred (600) for apart, irrespective of whether they are placed on the same or different sides of the roadway, highway or expressway. In the case of LED Signs located on opposite sides of the roadway, highway or expressway, the six hundred (600) feet shall be measured excluding the width of the roadway, highway or expressway so long as the requirement does not prevent the location an LED display face on the Sevennine (Monsalve) Sign. Additionally, the City will execute any documentation Outlook may require to obtain the necessary state permit for the new location. This right to maintain, replace and relocate Signs shall expire and terminate on the Termination Date unless the parties have extended this Agreement. 7. Future Legislation. During the term of this Agreement, any ordinance adopted by the City to regulate the size, height, appearance, location, lighting, and landscaping requirements for Signs subsequent to the Effective Date and prior to the Termination Date, shall not be applied retroactively to Outlook. This provision shall not apply to Technical Regulations. 8. Property Owner Rights, Nothing contained in this Agreement shall be construed 6 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. Outlook and the City acknowledge that Outlook bears the sole risk of finding, securing and maintaining the Sevennine (Monsalve) Site for its Sign, including any replacement Sign, and that its failure to find and secure a suitable replacement site 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 Outlook expressly waives any such claim. 9. Non -Waiver of Legal Positions. 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. 10. Condemnation Rights. Nothing in this Agreement shall affect in any way the City's right to condemn a Sign in accordance with applicable eminent domain laws, nor shall it affect Outlook's obligation to comply with applicable structural, electrical and engineering requirements and other health and safety requirements. If the City determines that any Sign structure has become unsafe so as to pose a threat of bodily harm to the public, the City shall so notify Outlook and Outlook shall immediately correct the problem, and if Outlook fails to immediately correct the problem, the City may take any such enforcement action as allowed by its police powers for the protection of public safety and health. Any such action by the City shall not be used by Outlook as grounds to invalidate this Agreement. Notwithstanding anything to the contrary in this Agreement, Outlook's limited waiver of its statutory and constitutional rights to receive just compensation upon removal of certain Signs identified this Settlement Agreement is expressly conditioned upon the City's issuance of the Amended Permit for the Sevennine (Monsalve) Sign and the permits for the two LED display faces. 11. Unsafe Structures. Except as otherwise expressly provided herein, nothing in this Agreement affects Outlook's right, if any, or the City's obligation to pay, if any, just compensation if the City elects to remove any lawfully erected Sign belonging to Outlook. 12. Beneficiaries. This agreement, as well as the obligations created and the benefits conferred hereunder, shall be binding on and inure to the benefit of the parties themselves as well as their personal representatives, heirs, past and present representative officers, directors, agents, accountants, insurers, employees, and any subsidiary, affiliated and parent corporations, collateral corporations, or other business entities controlled directly or indirectly by the Parties. However, this agreement and the benefits conferred hereunder, shall specifically not inure to the benefit of CBS Outdoor, Inc. or Carter Pritchett Hodges, Inc. d/b/a Carter Outdoor, Inc. 7 13. Further Assurances and Cooperation. The City agrees to prepare and execute such additional documents, and to take such other actions as may be necessary to effectuate the purposes of this Agreement, and Outlook will assist in this effort as requested by the City. As long as the City complies with this Agreement, none of the parties to this Settlement Agreement nor any of their subsidiaries, or parent corporations, or assignees, will sue the City on Sign issues, or 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 regarding Outlook's Signs and the Amended Permit for the Sevennine (Monsalve) Sign and the two LED display faces issued pursuant to this Settlement Agreement. 14. 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 SFEF or Outlook: Harkley R. Thornton 2295 S. Hiawassee Road, Suite 203 Orlando, Florida 32835 Telephone: (407) 363-1212 With a copy to: As to Thornton: With a copy to: As to Echemendia: Santiago D. Echemendia 1441 Brickell Avenue Four Seasons Tower, 15th Floor Miami, FL 33131 Telephone: (305) 536-1112 Harkley R. Thornton 2295 S. Hiawassee Road, Suite 203 Orlando, Florida 32835 Telephone: (407) 363-1212 Santiago D. Echemendia 1441 Brickell Avenue Four Seasons Tower, 15th Floor Miami, FL 33131 Telephone: (305) 536-1112 Santiago D. Echemendia 1441 Brickell Avenue Four Seasons Tower, 15th Floor Miami, FL 33131 Telephone: (305) 536-1112 With a copy to: Harkley R. Thornton 2295 S. Hiawassee Road, Suite 203 8 As to the City: With a copy to: Orlando, Florida 32835 Telephone: (407) 363-1212 City of Miami Carlos A. Migoya, City Manager City of Miami 350 Pan American Drive Miami, Florida 33133 Telephone: (305) 250-5300 Julie O. Bru, Esquire City Attorney City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33133 Telephone: (305) 416-1800 15. Construction and Law Governing. Both parties drafted this Agreement, and therefore any ambiguity shall not be construed against either party. In addition, 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 without regard to its conflict of laws provisions and the language of all parts of this agreement shall in all cases be construed as a whole. The parties agree that any action to enforce this agreement shall be brought in the Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida. Moreover, each party agrees and consents to the exercise of personal jurisdiction in these courts for the purpose of any enforcement action. 16. Assignments/Binding Nature. This Agreement will be binding upon and will inure to the benefit of any successor or permitted assigns of the parties hereto. Outlook shall have the right of assignment of rights and obligations under this Agreement. However, no attempted assignment by Outlook will be valid unless: (1) the assignee shall execute an Agreement to be bound by the terms and conditions of this Agreement and to accept all of the rights and obligations of Outlook under this Agreement; and (b) the assigmnent is approved in writing by the City Commission. The parties acknowledge that the City Commission shall have the right to reject a proposed assignment if the assignee does not fully adopt the terns of this Agreement. Any such assignment shall not relieve Outlook of its obligations under this Agreement. Notwithstanding the foregoing, no approval by the City Commission shall be required for any assigmnent between Outlook and SFEF or any entity controlled, controlling or under common control with Outlook or SFEF, provided such assignee assumes the obligations of Outlook under this Agreement. Any attempted assignment in violation of this Section shall be void. Nothing in this paragraph shall limit the assignment rights conferred by the City on Outlook through paragraph 1.b.(1)(b). 9 17. Compliance With Codes, Setbacks and Encroachments Indemnification. Outlook acknowledges and agrees that this Agreement does not in any way alleviate Outlook's responsibility to comply with all Technical Regulations in removing, relocating, maintaining, repairing or in reconfiguring any Sign face or Sign structure, and Outlook shall not be excused from complying with the Technical Regulations, and set back and encroachment requirements, in effect at the time a building or electrical permit application filed in connection with construction or reconstruction of an existing Sign. Additionally, Outlook will ensure that all columns, foundations and overhangs are within the Base Building Line. The City will issue Outlook any permits or authorization that may be required to enable Outlook to comply with this paragraph. Further, Outlook will indemnify and hold the City harmless and defend the City from any injury, or claim of injury, either to person or property, that results from a Outlook Sign structure or associated Sign face. 18. Amendments. 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. 19. 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. Neither Outlook 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. 20. 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 Court when challenged 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. 21. Authority. Each person signing this agreement on behalf of a party represents and warrants that he or she has full power and authority to enter into this Agreement and to fully, completely, and finally settle the lawsuit, including but not limited to any and all claims and counterclaims which were or could have been asserted in the lawsuit. 22. Entire Agreement. The parties acknowledge that this agreement contains the full and complete agreement between and among them, and that there are no oral or implied agreements or understandings not specifically set forth herein. Each party acknowledges that no other party, or agent or attorney of any other party, or any 10 person, firm, corporation or any other entity has made any promise, representation, or warranty whatsoever, express, implied, or statutory, not contained herein, concerning the subject matter hereof, to induce the execution of this agreement. Each signatory also hereby acknowledges that he or she has not executed this agreement in reliance on any promise, representation, or warranty not contained herein. The parties further agree that no modifications of this agreement may be made except by means of a written agreement signed by each of the parties. 23. Effect of Non -Enforcement. The parties agree that the waiver of any breach of this agreement by any party shall not be a waiver of any other subsequent or prior breach. 24. Cooperation. From time to time at the request of any of the parties to this agreement, without further consideration and within a reasonable period of time after request hereunder is made, the Parties hereby agree to execute and deliver any and all further documents and instruments and to do all acts that any of the parties to this Agreement may reasonably request which may be necessary or appropriate to fully implement the provisions of this Agreement. 25. Counterparts and Facsimile Signatures. This agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of its execution and delivery and said counterparts together shall constitute one and the same instrument. It is agreed that the parties may rely upon telefaxed or emailed copies of any other party's signature. 26. Miscellaneous. a. Any City Sign regulation adopted after the Effective Date of this Agreement shall not be applied to diminish Outlook's rights under this Agreement. b. Nothing contained herein shall prevent the City from enforcing its police powers and safety regulations in a manner not inconsistent with this Agreement. 27. Tenn and Expiration. This Agreement, and all rights and obligations of the parties hereunder, shall teiniinate and expire twenty-five (25) years after its Effective Date unless extended by Agreement of the parties. The parties shall, five (5) years prior to the Termination Date, enter into negotiations to extend this Agreement, upon mutually acceptable terms. Any such extension of this Agreement will require that the fees to be paid by Outlook to be renegotiated. 28. Headings. The various headings used in this agreement are solely for the convenience of the parties and shall not be used to interpret this agreement. 29. Effective Date. This agreement shall be effective as of the date that the agreement has been signed by all the parties for whom signature lines appear below and not before. Dated An Authorized Representative of South Florida Equitable Fund LLC Dated An Authorized Representative of the Outlook Media of South Florida LLC Dated Santiago D. Echemendia Dated Harkley Thornton Dated An Authorized Representative of the City of Miami Approved as to form and correctness: Approved as to Insurance Requirements: Title: Title Dated: Dated: 12 EXHIBIT A ..Title AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED/BILLBOARDS", BY CREATING A NEW SECTION 62-618.8 ENTITLED "NEW RELOCATION AND RECONSTRUCTION AGREEMENTS," CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ..Body WHEREAS, South Florida Equitable Fund, LLC ("SFEF") has filed suit against the City of Miami ("City") challenging the constitutionality of the City's sign regulations; and WHEREAS, uncertainty exists with respect to how that litigation will be resolved in the courts; and WHEREAS, the pendency of the litigation is depleting City resources that could be put to better uses; and WHEREAS, the City and SFEF desire to settle the litigation in accordance with the terms and conditions of a settlement agreement that will become effective upon the City's adoption of this amendment creating new Section 62.618.8 of the Code of the City of Miami, Florida, as amended ("City Code"); WHEREAS, the settlement agreement will directly and materially advance the City's substantial and important interests in eliminating visual blight and deleterious effects to it's neighborhoods resulting from billboards and in preventing the proliferation of illegally constructed billboards throughout the City; and WHEREAS, the City also has a substantial and significant governmental interest in preventing the proliferation of illegally constructed billboards throughout the City; and WHEREAS, the City also has a substantial and significant governmental interest in promoting public safety and welfare by providing reasonable protection to the visual environment and by ensuring that billboards do not interfere with traffic safety or otherwise endanger public safety; and WHEREAS, the Florida Legislature, by the enactment of Section 70.20, Florida Statutes (2002), has empowered the City, for the purpose of accomplishing public goals, to enter into relocation and reconstruction agreements, on whatever terms are agreeable to the sign owner and the municipality, to provide for relocation and reconstruction of signs by ordinance, without the expenditure of public funds, and while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication; and WHEREAS, it is hereby declared public goals of the City to reduce the number of billboards within its neighborhoods, and to prevent the proliferation of illegally constructed billboards throughout the City; and WHEREAS, in conformance with powers granted to the City by virtue of Section 70.20, Florida Statutes (2002), the City entered into relocation and reconstruction agreements with SFEF; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 62 of the City Code, entitled "Zoning and Planning", is further amended in the following particulars:{1} "CHAPTER 62 ZONING AND PLANNING ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED * * * DIVISION 6. BILLBOARDS * * * Sec. 62-618.7. Relocation and reconstruction agreements -Previously existing agreements. Prior to the effective date of Ord. No. 13181, pursuant to the powers granted the city under F.S. § 70.20, the city entered into relocation and reconstruction agreements, concerning billboards located within the city, on terms agreeable to the sign owners and the city, with the following sign owners: Carter Pritchett Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc. ("Carter"); Clear Channel Outdoor, Inc. ("CCO"); and CBS Outdoor, Inc. ("CBS"). The terms of these preexisting relocation and reconstruction agreements, as they may be amended from time to time, between the city and Carter, the city and CCO, and the city and CBS, shalt remain in full force and effect, the terms of which shall govern the billboard inventory enumerated in these agreements, and, furthermore, section 62-618.5 hereof shall not apply to those billboards. Sec. 62-618.8. agreements. New Relocation and Reconstruction Agreements- Subsequent Subsequent to the effective date of Ordinance 13181, pursuant to the powers granted the City under s. 70.20, F.S. (2002), the City entered into a relocation and reconstruction agreement, concerning billboards located within the City, with South Florida Equitable Fund LLC, Outlook Media of South Florida, LLC, and other parties. The terms of that relocation and reconstruction agreement, as it may be amended from time to time, shall remain in full force and effect, the terms of which shall govern the billboard inventory allowed by the agreement, and, furthermore, subsections 62.618.5(3), (4) & (12) hereof shall not apply to that inventory; subsections 62.618.5(1), (2) & (5) shall not apply to the extent that they would prohibit issuance of the Sign permit identified in paragraph 1 of the agreement and the LED permit for that Sign but subsections 62.618.5(1) & (2) shall apply to the second LED permit identified in paragraph 1 of the agreement; and subsections 62.618.5(11) shall not limit the assignment rights under the agreement. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.(2) APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {1 I} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission.